TERMS AND CONDITIONS

1. General

The terms and conditions govern your use of the website.

Access to the services, content and downloads available on the Sleepmasters website may be classified as “electronic transactions” as defined in terms of the Electronic Communications and Transactions Act, Act No. 25 of 2002(ECT Act).

The Sleepmasters website is provided as a convenience to you and our customers for informational purposes only. In order to use the Sleepmasters website for services including but not limited to on-line shopping, browsing, product information, store locations, subscribing as a user, etc. you may be required to provide your personal information.

We reserve the right to make changes to the documents and/or other materials contained on this website from time to time without notice. This right also applies to these terms and conditions. Sleepmasters will post the revised terms on the website. You may use the Sleepmasters website for your own personal non-commercial use and not for republication, distribution, sale or other use.

If there is a conflict of meaning between these website terms of use and any other terms, policies or notices, the specific terms, policies or notices will take preference where it applies to your use of the Sleepmasters website.

The Terms constitutes the entire agreement between the parties. If any term is void, unenforceable, or illegal, the term will be severed and the remainder of the terms will be effective.

Unless otherwise specified, the goods and services offered on this site are intended for citizens of the Republic of South African only. The terms will be governed by and interpreted according to the laws of the Republic of South Africa without giving effect to any principles of conflict of law. By you ticking the “I confirm I have read and understand the Terms & Conditions applied to the use of this website”, box forms a legally binding agreement between you and Sleepmasters.

2. Definitions

In the www.sleepmasters.co.za  website terms of use: "terms" mean these website terms of use, any specific terms, the privacy policy and any other terms, policies or notices agreed between you and Sleepmasters "we" or "us" or "Sleepmasters" means Sleepmasters whichever one applies; "website or Sleepmasters website" means www.sleepmasters.co.za  "you" or "user" means any person who visits, accesses or uses the website.

3. Website Use

As a user, Sleepmasters grants you a limited, non-transferable revocable license to access and use the website subject to the terms and conditions.

Your license does not extend to the website’s source code or to the source code of any software or computer program that forms part of the website.

You may only use the website for personal use, limited to viewing the website, providing information to the website, downloading product information for your personal review from the website or purchasing goods or services from the website.

You may only use the website if in terms of South African law you have the legal capacity to enter into an agreement.

You may only link to the website by linking to the home page of the website.

3.1 Currency and Transaction Security

All online transactions are conducted in South African RAND (ZAR) through PayU Payment Solutions (Pty) Ltd. When PayU Payment Solutions (Pty) Ltd processes a transaction for you via any of their secure payment web services, the transaction is encrypted. The PayU Payment Solutions (Pty) Ltd security policy can be found at: https://www.payu.co.za/faqs/security

Please also read the PayU Payment Solutions (Pty) Ltd Terms and Conditions, located at: https://www.payu.co.za/legal .

By submitting a sales order through any of the Sleepmasters website services, you warrant that you are acting within the bounds of the law and that you have the legal capacity to transact, or have the mandate to transact to do so. This includes that you have obtained the express permission (indemnity) of the person and or Business whose information you are submitting / using through any of our services and that you are not in breach of the Consumer Protection Act or National Credit Act, and / or any other applicable legislation in any way. You indemnify Sleepmasters, its Members and employees from any claim and / or liability from any third party arising out of your instructions and/or use of the service(s).

3.2 Acknowledgements by the Customer:

You, the customer, hereby agree and acknowledge that;

you will at all times comply with the requirements of the Law(s); including the National Credit Act of 2005 and the Consumer Protection Act and / or any other applicable legislation (to the extent that it is relevant to the customer for the receiving, compiling and reporting of information. Without limiting the generality of the a foregoing, the Customer specifically acknowledges and agrees that, when reporting personal and other information to Sleepmasters;

such information will include all mandatory data;

 it will have taken all reasonable steps to ensure that the information being submitted, is accurate, up-to-date,  relevant, complete and valid when submitting such information;

you are entitled to submit the information to Sleepmasters, for the purpose of Sleepmasters making such information available to its associated partners, for the purpose of  rendering the services offered, and that such information is not subject to a duty of confidentiality between Sleepmasters and the customer.

3.3 Types of Information we collect:

As a Visitor or User, you agree that we may electronically accumulate, keep and use the following of your information:

Internet usage information, including your Internet Protocol (“IP”) address, click patterns, browsing habits, version of software installed, system resolutions and type, plug-ins, colour capabilities, cookie preferences, language settings, search engine metawords(keywords), JavaScript enablement, unique user ID, the pages and content that you access on the Platform / Website and the dates and times that you visit the Website, paths taken, and time spent on pages / sites within the Website (“Usage Details”); and

Additional information you may provide on a voluntarily, such as demographic information or data related to your favourite social networking site (e.g. the site name, address and description(s)), or information relating to your participation in Sleepmasters competitions, promotions, studies, reviews and surveys, as well as additional services.  (“Optional Details”)

3.4 How we collect such information:

- Voluntarily provided by you;

- Details submitted, when registering or transacting, for the purpose of using the services on the Sleepmasters website.  Optional Details may be submitted by you to us if you decide to upload or download certain content (or products) from the Website / Platform, enter competitions, partake in promotions, respond to reviews / surveys, subscribe to or register for specific additional services; or else use any of the optional features and functionality of the Website / Platform;

- Automatically gathered via several technologies:

- “Cookies” Information:

When you access the Website / Platform, we may send one or more cookies (these are small text files containing a string of alphanumeric characters) to your computer to collect certain Usage Details. Sleepmasters may use both session cookies (which disappears after you close your browser) and persistent cookies (which remain after you close your browser which can be removed manually) and may be used by your browser on subsequent visits to the Website and Platform. Please note; the use of cookies is a norm/standard on the internet and many major websites use them. Please refer to your web browser “Help” file to learn more about changing your cookie settings;

- Other tracking technology:

- When you access the Website / Platform or open one of our HTML emails, certain Usage Details may be automatically collected and recorded by us from your system by using different types of tracking technology;

- Web Beacons:

- Our Website may contain electronic image requests (called a “single-pixel gif” or “web beacon” request) that allow us to count page views and to access cookies;

- Any electronic image viewed as part of a web page (including an ad banner); can act as a web beacon. Web beacons are typically; 1by1 pixel files, (very small unnoticeable files), but their presence can usually be seen within a browser by clicking on “View” and then on “Source.” We may also insert web beacons in HTML-formatted newsletters, which we send to “opt-in” subscribers in order to count how many newsletters have been read. Sleepmasters web beacons do not gather, monitor or share any personally identifiable information about our Customers.  They are just the technique we use to compile anonymous information about the Website and Service usage;

3.5 Why / for what purpose do we collect this information?

Sleepmasters may use any Optional Details provided by you, for such purposes as indicated to you at the time you agree to provide such Optional Details

- We may use your Usage Details to:

Automatically validate/verify your identity; for website and transaction security purposes via Sleepmasters or via a third party service provider;

Automatically provide you with the latest version of the Sleepmasters application on your system;

Remember your information so that you will not have to re-enter it during your visit or the next time you access the Website / Platform;

Monitor aggregate Website usage metrics such as total number of visitors and pages accessed; and

Track your entries, submissions, and status in any promotions or other activities in connection with your usage of the Website / Platform.

3.6 Information about Sleepmasters website users:

Sleepmasters shall take all reasonable steps to protect the personal information of the Users and for this purpose, “personal information / personal details”; shall be defined as contained and detailed in the Protection of Personal Information Act 4 of 2013;

Types of information we collect about Sleepmasters website users: If you are a Sleepmasters website users, you agree that we may also electronically gather, save and use the following of your information;

name and surname, birth date, gender, identity number and /or passport number, nationality  and country of residence (“Personal Information/Details”);

e-mail address, mobile number, home and delivery address and credit card billing address (“Contact Details“);

the credit or debit card number, cardholder name and expiration date you submit to Sleepmasters website in respect of your credit or debit card(s), (Credit or debit cards)

How we collect information about Sleepmasters Website Users:Sleepmasters Website Users collects the aforesaid information from you in the following manner:

User-provided Information: Your Personal Information/Details, Contact Details and Debit or Credit Card Details will be provided by you directly to us during your registration as a Sleepmasters website user and/or thereafter by you actively transacting, updating or supplementing such details in your Sleepmasters website users Account.

The purposes for which Sleepmasters website collects the information: Sleepmasters uses the information that Sleepmasters website users provide (or that we collect) to operate, validate, verify, maintain, enhance and provide all of the features of the Services, and as may be necessary to comply legally when conducting online payment transactions and related service provided.

More specifically:

We use your Debit or Credit Card Details in order to provide the Services (including the verification thereof when you transact with Sleepmasters) and, should fees be charged for some of the Services and you have selected a credit or debit card as your means of payment therefor, to debit such credit or debit card for such fees owed by you.

We use your Personal Information/Details to greet you when you access your Sleepmasters User Account, to manage and administer your use of the Services and fulfill our contractual obligations, including the verification of your identity when you transact with Sleepmasters.

We use your Contact Details to verify your identity and to inform you of facts relating to your use of the Service(s) (e.g. notifications regarding major updates or content you have posted or downloaded from the Website / Platform, customer service notifications, and to address any copyright infringement or defamation issues); as well as to inform you; subject to obtaining your prior agreement, of competitions, promotions and special offers form us and/or any of our partners and/or affiliates.

3.7 Breach of ECT Act

Any user; who commits any of the offence detailed in section 85 to 88 of the ECT Act 25 of 2002 shall, notwithstanding criminal prosecution, be liable for all resulting loss or damage suffered and /or incurred by Sleepmasters and its partners / affiliates.

4. Out of Stock

Sleepmasters shall use reasonable endeavors to make the advertised stock available at the displayed price, for the period specified.

To the extent of the expressed stock limitation (or availability); Sleepmasters shall supply the consumer with the same or equivalent stock as an alternative to the advertised stock, in the event of running out of stock on the expressed stock limits. (Sleepmasters may limit the quantity of sale goods per consumer.)

Sleepmasters strives to ensure that we minimise out of stock situations.  Sleepmasters will take all reasonable means to make your purchased product available at that price or alternatively we will advise on an equivalent product option as an alternative in this unfortunate occurrence of running out of stock. We will notify you of any delivery delays should we need to source a product.

Please refer to our termination of sale process should you opt for a full refund.

5. Restrictions

 You may not:

Provide any untrue or incorrect information to the website or Sleepmasters;

Modify, copy, decompile or reverse engineer the website or use the website to make derivative copies;

Lease, sell, assign or in any other way distribute the website or any information obtained from the website without the prior written consent of Sleepmasters;

Use malicious search technology, including but not limited to spiders and crawlers;

Frame any pages of the website;

Deep link to any pages of the website in a way to suggest that you are the owner or license of any intellectual property in the website.

Use the interactive sections of the  website, for instance forums, clubs, surveys and e-mailing, to post any material which in Sleepmasters’ discretion is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violates any laws. Sleepmasters does not have editorial control over the submission of any content to interactive sections of the website. You submit all information, including the publication of pictures and or articles, at your sole risk and responsibility. Sleepmasters is not responsible or liable for damages or other adverse consequences caused by the use of the submissions.

In line with the Film and Publications Board Act 3 of 2009 (FPB) as amended; to intensify the efforts to protect children from harmful images within the media, including films, exhibitions, games, the internet and other publications, the website is not targeted at children under the age of thirteen (13) and Sleepmasters will not knowingly collect information from users in this age group.

Sleepmasters is to be exempted for any liability due to a customer failing to provide accurate information on registration, or a customer failing to view special warnings etc.

6. Disclaimer and Disclosures

This clause is subject to applicable law.

You use the website at your own risk.

Sleepmasters is to be exempted for any liability due to a customer failing to provide accurate information on registration, or a customer failing to view special warnings etc.

Sleepmasters publishes information on its website as a convenience to its visitors for information purposes only, except where you may purchase goods or services from the website.

Sleepmasters provides the website “as is” and “as available” and  to the extent permissible by law disclaims  warranties including but not limited to warranty of title, merchantability, non-infringement, fitness for a particular purpose and that the website are free from defects, uninterrupted and error free.

While Sleepmasters attempts to provide accurate and timely information, Sleepmasters cannot guarantee this. Sleepmasters may correct and change the website if required.

The Sleepmasters goods and services described on the website are available in RSA, through the Sleepmasters branch network. For detail on deliveries refer to our deliveries section. We currently deliver nationwide and in the very near future we will roll out over a 100 stores in South Africa.

Although Sleepmasters has made every effort to display the goods and their colours as accurately as possible, the displayed products and colours of the products will also depend upon your equipment and Sleepmasters cannot guarantee that your equipment will display an accurate representation of the actual goods or their colours.

Sleepmasters will not be liable for any other website provided by any third party.

All accessories shown with products for presentation purposes are not included in the price nor are such products guaranteed to be available for sale by Sleepmasters.

In the event of delivery delays or out of stock situations we will notify you and we will do our very best to ensure a speedy fulfillment.

Image Disclaimer: Where products are displayed with compatible devices, these devices will not be included as part of the sales price unless specifically identified as part of a product bundle. In all other cases images are shown to display products within a lifestyle setting and do not include part of a sales proposal including any said devices or lifestyle additions.

No transaction concluded between Sleepmasters and a person under the age of 18 shall be binding upon Sleepmasters unless written consent thereto is received by Sleepmasters from your parent or legal guardian. Sleepmasters therefore reserves its right to request proof of identity prior to concluding any transaction with you. By your continued use of this website, you warrant that you are 18 years old or older.

7. Indemnity

Subject to applicable law, you agree to indemnify, defend, and hold Sleepmasters harmless against any claim, or liability (including attorneys' fees) arising out of your use of the website.

Copyright and Intellectual Property Rights

All materials published on Sleepmasters website is protected by copyright and owned or controlled by Sleepmasters or the party accredited as the producer of the content, software or other material. Nothing in these terms and conditions of use shall be construed as conferring by implication or otherwise, any license or right under this copyright, patent, trade mark, database right or other intellectual property or proprietary interest of  Sleepmasters or any third party. All logos, names and trademarks, which appear on the website are the intellectual property of Sleepmasters or are used by Sleepmasters under license. Sleepmasters will prosecute any violation of intellectual property rights to the fullest extent that the law permits. Reproduction of part or all of the contents in any form is prohibited other than strictly for individual use. 

8. Confidentiality

If you respond to Sleepmasters via e-mail, surveys, forums, registration, or any other communication medium with any information, including but not limited to feedback, data, questions, comments or suggestions, but excluding your personal data, the information will not be deemed confidential.

Sleepmasters will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Sleepmasters will also be able to use any ideas, concepts, know-how or techniques contained in the information for any purpose, including but not limited to developing, manufacturing and marketing products, which incorporate or otherwise rely on the information.  You consent to the aforesaid use of such information.

By submitting information, you agree that Sleepmasters may publish the information, use it as part of its operations, and incorporate its concepts in Sleepmasters or for any other purposes, which Sleepmasters considers necessary, without liability.

Sleepmasters will deal with your personal information in terms of the privacy policy;  http://www.sleepmasters.co.za/privacy-policy/

9. Termination

Sleepmasters may immediately terminate use of and access to the website if you breach the terms. This will be without prejudice to any other remedies and rights that we may have in terms of the law, including but not limited to claims for specific performance and damages.

10. Consumer Duties

You must ensure that the goods are fit for the purpose for which you want to buy them and are in good condition and free of any form of defects before you take delivery of the goods. It is a responsibility of the customer to ensure before delivery, that the goods listed on the till slip or your purchase order correspond in description, price and quantity with the goods purchased. You agree to adhere to the user/manufacturer’s instructions and ensure that you make yourself aware of all product warnings and safety instructions prior to the installation or use of all products purchased from Sleepmasters, You are to keep proof of any repairs conducted and authorised by Sleepmasters and proof of purchase on all returned goods.

11. Warranties and Returns

Subject to these terms, all goods carry an implied warranty in accordance with the Consumer Protection Act 68 of 2008 (“CPA”) which forthwith gives the consumer the right to return  unsafe and defective goods in terms of section 20 read together with section 56 of the CPA. Notwithstanding, the CPA implied warranty, our goods also carry a manufacturers’ warranty where applicable, which will run concurrently with any warranty in terms of the law.

The implied warranty on goods supplied places an obligation on Sleepmasters to accept the return of unsafe or defective goods within six months of delivery, in the event of the goods not complying with requirements and standards contemplated in section 55 of the CPA. Furthermore, the consumer has a right to return goods to Sleepmasters if:

The consumer finds, within ten days of delivery, that the goods are unsuitable for a particular purpose for which the consumer has expressed intention to use the goods as contemplated in s55(3);

The consumer did not have a chance to examine the goods and rejected delivery of the goods for any reasons contemplated in section 19(5); and

The consumer has refused delivery of any of those goods, because they were mixed with items that were not ordered, as contemplated in section 19(8).

Under no circumstances will we accept returned goods where the consumer has been afforded the opportunity to inspect the goods prior to the purchase or acceptance of a delivery, the goods have been damaged due to the customer’s negligence, the goods have been disassembled, soiled, permanently installed, physically altered, used or installed contrary to our or the manufacturer’s instructions and/or have been subjected to misuse or abuse.

We sell goods for domestic purposes only and for the purpose for which they were manufactured. Normal wear and tear will also be excluded. If you want to return alleged defective goods in terms of a warranty, we or the manufacturer will, as per our Return Policy, assess the goods to determine the reason for the defect in the goods. Such assessments could take up to 14 Days

We will consider and deal with all other returns in terms of applicable law, the manufacturers’ warranty and our Return Policy. All refunds are less any charges permissible in terms of the law. If you are entitled in law to return goods to us for any reason, the law in certain instances allows us to charge for the use of the goods and to be able to restock the goods.

As a valued customer, we shall at all times endeavor to provide you with the best customer service and ensure that all your rights in terms of the Consumer Protection Act are protected.  

Sleepmasters sells only the top brands in bedding, thus each bed is covered by the brands guarantee or warranty as specified by the manufacturer.

Each product will have a guarantee or warranty document with variable terms and conditions depending on the manufacturers guarantee or warranty (keep your guarantee or warranty in a safe place)

Claims lodged within the guarantee period will be at no cost to the customer subject to the conditions of the guarantee or warranty having being met.

Claims lodged outside the guarantee or warranty will be subject to a Pro Rata usage.

Claims are to be lodged through the Sleepmasters care line .

12. Displaying of Prices

All pricing displayed on the Sleepmasters web is inclusive of the current South African VAT, in South African Rands and is subject to price changes and may change without any warnings or notifications.

Please note that all prices displayed exclude the cost of delivery unless otherwise stated. Sleepmasters takes utmost care to ensure that the displayed prices are correct. Where pricing on the website differs from any valid promotional catalogues pricing and other promotional material pricing for Sleepmasters, the applicable price will be the lesser of the two prices, unless the lesser price is made in error and we have taken reasonable steps to rectify the error. Hence such promotional pricing will not be honored. If a mistake is made or incorrect price is displayed we will correct these as soon as we are made aware of the incorrect displayed price.

Monthly instalment and total credit price shown includes a deposit interest as shown, basic insurance, initiation fee, service fee and VAT.

Delivery charges, comprehensive insurance and extended warranties are excluded. Credit and ''No Deposit'' offers remain subject to credit approval, an affordability assessment as required by the National Credit Act and a debit order where relevant.

INTEREST RATE, DEPOSIT, INSTALMENT AND CREDIT PRICE MAY VARY BY CREDIT PROFILE AND TERM LOAN. You may be required to produce proof of an insurance policy or alternatively take up insurance with us. Minimum Application Requirements: ID Book, latest payslip, 3 months’ bank statements, monthly expense details, and your household content insurance or Credit Life policies. These requirements are dependent on your employment status and risk profile.

All offers are valid while stocks last and cannot be used in conjunction with other in-store promotions – ask the sales representatives for details. Unless otherwise stated, matching products and complementary accessories are not included in the price shown. All major credit cards accepted.

Pepkor Trading (Pty) Ltd is an authorised Financial Services Provider (FSP3247) duly authorised to act on behalf of Century Capital (Pty) Ltd t/a Sleepmasters, a registered Credit Provider (NCRCP 74), Abacus Life Ltd and Abacus Insurance Ltd.

13. Agreement of Sale

A sales order will only be deemed as completed once you have completed the purchase cycle and an approved payment/order confirmation is received. We will confirm your purchase order with you via your specified email. By you placing a product into your shopping cart or adding a product to a wish-list does not constitute a sale nor is such products, its price nor its quantities reserved. In the event that you complete the purchase cycle for such products at a later stage Sleepmasters cannot be liable to honor any Price changes or if such products are not available.

14. Payment Methods

Sleepmasters accepts the following types of payments on its website:

Credit Card payments: Only South African issued (Visa and Master) credit cards will be accepted for online payments. On completing the purchase cycle the sales details are sent to the bank, if payment is unsuccessful or authorization is not issued by the bank your purchase cycle cannot be completed.

Bank Deposits and Electronic Funds Transfer: Should you select to pay via a bank deposit or Electronic Fund Transfer: on completion of your order an instruction will be emailed to you regarding the method in which monies must be deposited in Sleepmasters account which is subject to the following Terms and conditions:

the full amount must be paid as per your order request within 48hours of placing your order;

your order will be cancelled should you fail to deposit/transfer the funds within 48hours of placing your order;

for a direct deposit, the deposit must be in cash and in SA Rand only, ( no other currency will be accepted);

No cheque deposits are accepted;

your order number to be used in the reference section of the deposit slip or the electronic transfer, we will not be held liable for any delays should you fail to include these;

please email a copy of your deposit slip/transfer to [email protected];

your delivery timeframe is dependant and will commence on the time and date of the funds reflecting in Sleepmasters account and on condition that your deposit slip has been mailed to [email protected]

depending on the bank, some payments may take up to three business days to reflect in our account. In such circumstances there will be a delay in having your order delivered.

Monthly instalment and total credit price shown includes a deposit interest as shown, basic insurance, initiation fee, service fee and VAT.

Delivery charges, comprehensive insurance and extended warranties are excluded. Credit and ''No Deposit'' offers remain subject to credit approval, an affordability assessment as required by the National Credit Act and a debit order where relevant.

INTEREST RATE, DEPOSIT, INSTALMENT AND CREDIT PRICE MAY VARY BY CREDIT PROFILE AND TERM LOAN. You may be required to produce proof of an insurance policy or alternatively take up insurance with us. Minimum Application Requirements: ID Book, latest payslip, 3 months’ bank statements, monthly expense details, and your household content insurance or Credit Life policies. These requirements are dependent on your employment status and risk profile.

All offers are valid while stocks last and cannot be used in conjunction with other in-store promotions – ask the sales representatives for details. Unless otherwise stated, matching products and complementary accessories are not included in the price shown. All major credit cards accepted.

Pepkor Trading (Pty) Ltd is an authorised Financial Services Provider (FSP3247) duly authorised to act on behalf of Century Capital (Pty) Ltd t/a Sleepmasters, a registered Credit Provider (NCRCP 74), Abacus Life Ltd and Abacus Insurance Ltd.

15. Online Shopping and 3D Secure

We are proud to be part of a more secure online shopping experience for you! Registration with 3D Secure is required when shopping online with us as a 3D secure merchant. You will now receive a One-Time-Password (OTP) that will only be valid for one transaction when shopping at a 3D Secure merchant, protecting your Credit Card against fraudulent online use. We all love the convenience of shopping online, but are concerned about the risks that may be involved. This is why we at Sleepmasters we deploy technology, such as 3D Secure, which has been designed to protect you while you shop.

16. Deliveries

 - Delivery: Important to note:

Deliveries are door to door and must be a physical address within the borders of South Africa and not a Post Box We do not deliver to any postal addresses ie: deliver to a post box or to any post offices. Please ensure all delivery details including the postal code are accurate, as you will be liable for all additional handling and shipping charges as a result of such errors. Please also ensure that someone is available to sign for and receive your goods at the time of delivery. It will be deemed that you as the purchaser assign without prejudice and without a proxy to a party other than yourself to sign for your goods at your specified and confirmed delivery address should you be or not be present at time of delivery.

You accept that Sleepmasters does not have to prove that you personally received the delivery of such goods.  You agree that we would only be required to prove that someone not necessarily yourself signed for the goods at your specified and confirmed delivery address. Although we monitor every purchase order to ensure your package is delivered.

Should you have not received your delivery of goods after 24 hours of the expired delivery period you would need to contact us within a maximum of 48 hours. Should you fail to notify us of none delivery within the given period you agree that it would be deemed that you received the purchased goods..

Delivery of products purchase through sleepmasters is subject to the geographical delivery framework as determined by our courier partner. Should your delivery address fall into one of these categories, you will be liable for any additional costs incurred in delivery, storage and or returning the parcel. (Category list as follows; plots, farms, mines, military bases, major chain stores, power stations, game reserves and lodges)

- Failed delivery:

We will notify you of a failed delivery i.e.: whereby no one was at the specified delivery address to receive and sign for the goods at the time of delivery. We will endeavour to reschedule the delivery with you within 24 – 48 hours; however you may be liable if any additional handling and shipping charges are incurred for a re-delivery.             

-Goods shipped in error /Incorrect goods delivered:

In the unfortunate event that you receive a delivery whereby the goods and or its quantity delivered to you does not match your products and it’s quantity as per your waybill/purchase order, you agree to notify us immediately upon receipt of such delivery on     or via mail [email protected] ,to have the incorrect goods collected and the correct goods delivered to you.

-Damaged Goods delivered:

Please notify us within 24 hours of receipt of delivery on [email protected] or   in the regrettable event that you receive a damaged product. We will do our utmost best to have the damaged product collected and a new product delivered to you within a maximum of 48hours (weekdays only).

-Price of delivery:

Delivery prices differ and are determined by the following;

ONLINE DELIVERIES:

Location within major centres or Outlaying Delivery Areas

Type of delivery 

Weight and Dimensions of total purchase order

In the instance of special delivery deals the price of product or total purchase order value could determine the delivery rate.

The price of your delivery is calculated automatically and will be displayed prior to the payment process, in the shopping cart and at checkout.

STORE DELIVERIES:

Goods purchased before 12:00 will be delivered on the same day (T&Cs apply) should stock be available from the selected store within a 50km radius from the chosen store.

Goods purchased after 12:00 will be delivered the following day

Delivery cost is based on R350 per base set/mattress up to a 65km radius around the store

Delivery outside the 65km radius will be determined by the distance from the store and may be charged at a per kilometer rate

-Delivery Periods important to note:

Delivery service timeframe will commence upon payments confirmation being received (unless supporting documents are requested), hence delivery timeframe will commence upon confirmation and verification of such supporting documents where applicable.

Delivery periods will generally be effected within the selected delivery type timeframe, after collection from point of dispatch and between Major Centres from Monday to Fridays

We deliver on Monday to Sunday to both business and residential addresses. T&C’s

No deliveries on a Saturday or Sunday or any Public Holiday for online purchases.

If you place your order before12h00 on a Friday, as all deliveries exclude Saturday and Sunday, your delivery will be affected on Monday. Certain Outlaying Delivery Areas routes and centres may experience a 24-hour delay due to lack of transportation available to the location.

17. Fraud

Sleepmasters reserves the right, for purposes of preventing suspected fraud, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and Sleepmasters, in whole or in part, on notice to you. Sleepmasters shall only be liable to refund monies already paid by you (see Sleepmasters Refund Policy in this regard), and accepts no other liability which may arise as a result of such refusal to process any order/sale.

18. Termination of Sales

Save for certain exceptions and subject to certain charges, you are entitled to cancel any sale concluded on this Website within 7 days after date of receipt of the goods and to obtain a refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 30 days from the order date). For further details, please read the Refund Policy which can be found below.

19. Returning a Product/s to Sleepmasters

You may return your product to any Sleepmasters within the borders of SA.

20. Refund Policy:

Refunds are deposited directly into your credit card or bank account. This process may take 10 days.  Refunds processing time frame will only be commenced from time of goods received.

-Return of purchases

Purchases may be returned or exchanged at any Sleepmasters store subject to submission of the original receipt, and that the merchandise is in its original packaging and condition.  In line with the CPA a handling fee of up to 15% of the value of the product may be charged when the product/packaging is not returned in its original purchase condition

Non-returnable/ non-refundable items

Delivery and or installation costs

Any damaged or abused items

Faulty/defective products after 14 days:

In the unfortunate event that your purchased product becomes faulty/ defective, you may opt to have it taken to any Sleepmasters within SA.  You will be entitled to the following option of as per the CPA (after goods has been inspected and assessed):

Have such product repaired

Have product replaced

Be refunded the price paid

In the event that the product is found to be not faulty, you will be liable for all handling and shipping charges; for the collection and the re-delivery of the product to you. You will be liable if the goods are damaged or faulty as a result of misuse, abuse or negligence

The warranty does not cover any defects caused by foreign objects /installation/assembly errors that is not part of the base set/product, including but not limited to;

use other than domestic use by the customer or his/her immediate resident family at the declared address appearing on the front of this document;

failure by the customer or any other person to comply with the manufacturers’ instructions for installation, maintenance or use;

the use of accessories which have not been approved by the manufacturer;

neglect, misuse, or wilful abuse of the product;

anything related to the appearance of the product which does not in Sleepmasters sole opinion prevent the product from working adequately: this includes but is not limited to cosmetic and manufacturers’ defects such as: discolouring of any part of the product, paint peeling off, tears, cracked or broken handles, hinges, wheels, panels, shelves or any portion of the product which is applicable to above;

repairs or attempted repairs of the product by any person other than Sleepmasters or its authorized repairers;

any modification of the product by any person other than Sleepmasters or its authorized repairers;

fire, food, war, civil disturbance, industrial action, acts of God or any other causes beyond the reasonable control of the Sleepmasters;

any defect arising out of the design of the appliance;

any loss or destruction of, or any damage to any property whatsoever, or any loss expense whatsoever arising there from, or any consequential loss or any liability of whatsoever nature directly or indirectly caused by or contributed to, by or arising from ionizing, radiation, or contamination by radio activity from any nuclear fuel or any nuclear waste from the combustion of nuclear fuel. Combustion shall include any self-sustain process of nuclear fission, or any loss, destruction, damage or disability directly or indirectly caused by or contributed to, by or arising from nuclear weapons material.

In addition,  Sleepmasters will not be liable for the costs of;

maintenance, including cleaning, clearing of blockages and overhaul, insect infestation;

work covered by the manufacturers’ recall of the base set/product;

call out charges where the claim is not covered by the extended warranty;

and material or labour which are recoverable from the manufacturer or any person who may be held responsible in terms of any other guarantee or warranty.

Sleepmasters will not in any circumstances be liable for any consequential loss or damages suffered by the customer whether directly or indirectly related defect in the base set/product to the extent permissible by law.

Repairs may not be effected without prior authorization from Sleepmasters .

In the case of an authorised repairer being called out for a fault covered by the warranty, the supplier shall pay the repairer for all labour and materials supplied in terms of the warranty, while the customer shall be liable to pay the repairer all other charges, including but not limited to the call out charge should no defect be found in the base set/product.

The repair will be carried out in terms of the warranty within a radius of sixty kilometres from the appointed service agent’s premises. Should the repairer be required to travel beyond this radius, the customer will be charged at the prevailing AA rate per kilometre.

Sleepmaster’s authorised repairers reserve the right not to do house calls in areas where their personal safety may be at risk.

LAY-BY TERMS AND CONDITIONS

DEFINITIONS

In this Agreement, unless the context indicates differently:

1.1. "Agreement" means these terms and conditions, including the Schedule and all written notices that the supplier has given to the consumer;

1.2. "business day" means any day except for a Saturday, Sunday or South African public holiday;

1.3. "consumer"/"you"/"your" means the person who has agreed to enter into this Agreement and whose details are recorded in the Schedule;

1.4. "Schedule(s)" means the Retail Lay-by Schedule attached to these terms and conditions which records the purchase price of the goods, the number of amounts to be deposited, the quantity of the amounts to be deposited, the dates on which the            amounts need to be deposited and any other Schedules which may be attached hereto by agreement between the parties;

1.5. "supplier"/"we"/"us"/"our" means Pepkor Trading Pty (Ltd);

1.6. "VAT" means value-added tax chargeable under the Value-Added Tax Act 89 of 1991;

1.7. the headings of the various clauses in this Agreement have been inserted purely for the purpose of convenience and they will not be used to interpret the Agreement.

1.8. any reference to a gender includes the other genders; and

1.9. the singular includes the plural and vice versa (the other way around).

2. INTRODUCTION

2.1. You have agreed:-

2.1.1. to buy the goods set out in the Schedule on lay-by; and

2.1.2. to pay for the goods by making regular deposits until payment of the full purchase price, as set out in the Schedule.

2.2. You understand and agree that the goods will not be delivered to you and you will not become the owner thereof until you have paid the full purchase price for the goods. The goods will remain at our risk until you have accepted delivery of them.

2.3. You agree that:

         2.3.1. this Agreement represents the entire Agreement between the you and the supplier and that no alterations or additions to this Agreement may be effected unless agreed to by both parties, reduced to writing and signed by you and a duly authorised representative of the supplier; and

         2.3.2. for purposes of this Agreement "signature" or "signed" does not include an electronic signature as contemplated in the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act").

3. PAYMENT OF DEPOSIT AND INSTALMENTS

3.1. You understand and agree that:-

3.1.1. the purchase price of the goods include VAT at the current rate of tax; and

3.1.2. if, at any time before the full purchase price of the goods is paid by you, the VAT rate is changed in relation to the supply of the goods, we will be entitled to recover the VAT increase from you prior to delivery of the goods.

3.2. The Agreement will commence upon signature of the Agreement and payment of the initial deposit set out in the Schedule.

3.3. Thereafter, you must deposit the monthly amounts on or before the due dates until the final payment date. All amounts must be deposited at the address of the store, as detailed in the Schedule, or via a direct deposit into the bank account of the store.

3.4. The deposits will be applied towards the settlement of the purchase price on the final payment date.

4. TERMINATION OF THE AGREEMENT

4.1. If you terminate the Agreement before paying the full purchase price, or fail to complete the payment for the goods within 60 (sixty) business days after the final payment date, we:-

4.1.1. May charge a termination penalty of 1% of the full purchase price of the goods. At your request, we will provide you with written details on how the penalty was calculated. We will not charge a termination penalty if sufficient proof is made available to us that your failure to complete payment was due to death or your hospitalisation;

4.1.2. After deducting the termination penalty (if any), will refund you any amounts paid by you under this Agreement;

4.2. You understand and agree that if the agreement had been terminated for any reason and you wish to buy other or similar goods, you will be required to enter into a new agreement with us and the current price of the goods will then apply.

5. STATEMENTS OF ACCOUNT AND CONTACT DETAILS

5.1. We will deliver a monthly statement of account to you by way of email or SMS, as may be elected by you.

5.2. You must check each statement as soon as you receive it and inform us within 7 days of receipt thereof if you think that a statement is not correct.

5.3. It is your responsibility to provide us with the correct contact details and to inform us of any changes.

6. DELIVERY OF THE GOODS

6.1. We will make every reasonable effort to deliver the goods to you as soon as possible after we have received the full purchase price of the goods.

6.2. We cannot be responsible for failure to perform or to deliver or delays in performance or delivery due to circumstances beyond our control ("force majeure events"). We will not be liable to you for any loss arising from any failure or delay in performance or providing the goods resulting from force majeure events. We will use reasonable endeavors to continue to perform in terms of this Agreement as soon as performance becomes possible. We may contact you to agree on alternative dates for delivery, but will not require you to accept delivery at an unreasonable time.

6.3. You understand and agree that the goods as set out in the Schedule are identified and described by style, make, model, kind, design or category ("Type"). This does not mean that specific goods are set aside for the duration of the lay-by agreement, but that we will deliver that Type to you after receipt of the full purchase price for the goods.

6.4. If, for reasons beyond our reasonable control, we are unable to deliver that Type to you, we will, at your option:-

6.4.1. supply you with an equivalent quantity of goods that are comparable or superior in description, design or quality; or

6.4.2. refund to you the amounts deposited with us for the goods, with interest in accordance with the Prescribed Rate of Interest Act 55 of 1975.

6.5. It is your responsibility to provide us with the correct delivery address prior to delivery of the goods.

7. TRANSFER OF RIGHTS

7.1. Unless our prior written consent has been obtained, you will not be entitled to cede, delegate, assign or transfer all or any part of your rights or obligations under this Agreement.

7.2. You hereby authorise us and agree that we may cede at any time any part or all of our rights under this Agreement or transfer any part or all of our rights or obligations (whether by way of delegation or assignment) under this Agreement to any third party. You further agree that it shall not be necessary for us to provide prior notification to you in the event of any such cession or transfer.

8. CONTACT DETAILS

The following contact details are hereby disclosed:

JD Lay-By Customer Care: 086 111 7775

National Consumer Commission: 012 761 3000

Consumer Goods and Services Ombud: 0860 000 272

9. ADDRESS FOR NOTICES AND LEGAL PROCESSES

9.1. You agree to accept any notice and legal processes under this Agreement at the address recorded in the Schedule. (This address is known in law as your domicilium citandi et executandi or domicile address).

9.2. We choose as our domicile address where you must deliver all notices and legal processes, the following address: 27 Stiemens Street, Braamfontein, Johannesburg, 2001.

9.3. If you want to change the address at which you agree to accept notices and legal processes, then you must send us a notice in writing by registered post. The notice must:-

9.3.1. Inform us that you are changing your address; and

9.3.2. Set out the new address at which you agree to accept notices.

9.4. Any new address must be a physical address in the Republic of South Africa.

9.5. If we send a notice to you:-

9.5.1. By prepaid registered post to your address, we will treat it as if you have received it 7 (seven) days after posting; and

9.5.2. By hand, we will treat it as if you have received it on the date of delivery.

9.6. When we treat a notice as if you have received it by a certain date, it means that we do not have to prove that you did receive it then. If you claim that you did not receive the notice by that date, then you will have to prove it.

10. GOVERNING LAW AND JURISDICTION

10.1. This Agreement is in all respects governed by the laws of the Republic of South Africa.

10.2. You agree that the supplier may bring legal proceedings against you relating to this Agreement in any Magistrate's Court that has jurisdiction, even if the amount of the claim may exceed the jurisdiction of that court. This does not prevent the supplier from bringing legal proceedings in a High Court that has jurisdiction.

11. GENERAL

11.1. We do not lose any of our rights under this Agreement if we do not insist immediately and in every instance on these rights. You may not use it as defense if we had a right which we did not enforce at the relevant time.

11.2. If any term or condition of this Agreement becomes unenforceable for any reason whatsoever, that term or condition is severable from and shall not affect the validity of any other term or condition in this Agreement.

 

Valentines Competition

Competition Rules

1.           This competition is promoted by Pepkor Trading (PTY) LTD reg. no. 1958/003362/07) t/a Sleepmasters (“the Promoter”).

2.            This competition shall be conducted in accordance with the provisions of section 36 read with Regulation 11 of the Consumer Protection Act No. 68 of 2008.

3.            Competition Period: The competition runs from 1 to 14 February 2016, both dates inclusive. No entries will be accepted after midnight on 14 February 2016.

4.            Who Can Enter: You are entitled to participate in this competition if you are a natural person who is at least 18 years old.

5.            Exclusions: directors, members, employees, agents of, or consultants to the JD Group Limited and its subsidiaries including the Promoter, their promotional partners and printers, their advertising and promotional agencies, supplier of goods or services in connection with this competition, or if you are any of the aforementioned persons' immediate family, including spouses, life partners, parents, children and siblings, are excluded from being entered into this competition.

6.            How to Enter:  Play our Love Match game via USSD String to enter.

7.            Number of Entries per Entrant: You can play as many times as you want.

8.            Entry Fee: There is no entry fee to participate in the competition.

9.            Prize: 1 x R500 cash prizes to be won daily for 14 days.  The prize is not negotiable or transferrable and may not be exchanged for cash.

10.          Winner draw:

10.1       One lucky winner will be chosen daily. The winner will be notified via Facebook message.

10.2       Should the competition draw be postponed to another date for any reason whatsoever, the new draw date will be published on the Facebook page (www.facebook.com/sleepmasters), within 4 (four) days after the original draw date. The random entry drawn will be independently audited by an independent accountant, registered auditor, attorney or advocate to establish whether it meets the competition qualifying criteria and if so that entry will be the competition winner (the “winner”), subject to us being able to contact that winner. If the qualifying criteria are not met further random draws will take place until a randomly selected valid entry meets the eligibility criteria. The winner will be notified by Facebook message by the E-Commerce Operations Manager of the Promoter within 48 hours of the random draw taking place. The Promoter will attempt contact with the potential winner at least 3 times, but if the Promoter is unable to contact the winner within two days after the first attempt, through no fault of the Promoter, the prize will be awarded to the next eligible winner. The winner will be announced on the promoter’s Facebook page (www.facebook.com/sleepmasters).

11.          The winner may be asked to participate in marketing activities, including by having his/her photograph taken, but he/she will be entitled to decline to do so.

12.          By participating in this competition, you agree to all the Competition Rules set out above, without exception.

13.          The prize is exclusively for the benefit of the winner and is neither transferable nor exchangeable for cash or otherwise. The prize must be collected within 3 (three) weeks after the winner has been announced.

14.          The winner will be required to complete a declaration acknowledging receipt of the price and that he/she is not connected to the Promoter or JD Group as in terms of clause 5 above.

15.          A copy of these Competition Rules is made available at www.sleepmasters.  For any further queries, call the Sleepmasters Customer Care Line on: 0800 222 888

16.          The Promoter reserves the right to amend, modify, cancel or withdraw any aspect of this competition in its sole discretion at any time without notice or liability. The Promoter and JD Group cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party. Participants of this competition agree that the Promoter and JD Group will, subject to prevailing law, have no liability whatsoever for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of the prize, or from participation in this competition. The laws of the Republic of South Africa govern this competition. If any provision or part of these Competition Rules is deemed void or otherwise unenforceable in law, then that provision or part shall be deemed excluded and the remainder of these Rules shall remain in force. Any violation of these Competition Rules will result in the immediate disqualification of the transgressing participant from the competition.

SLEEPMASTERS IS COMMITED TO HELP YOU FIND THE RIGHT BED, BECAUSE YOU DESERVEA BETTER NIGHT’S SLEEP!

Our Sleep Happy Guarantee requires you to adhere to the following terms and conditions:

• The 120 Night Sleep Happy Guarantee excludes bases and mattresses bought individually or any special order items.
• The base set has to be delivered by Sleepmasters, or its duly appointed agent. This is to ensure that no damages occur during transport.
• Your new bed will take time to adjust to your body and we require you to sleep on it for a minimum of 30 nights to allow for this adjustment period.
• Between 31 and 120 Nights you may exchange your bed for one of equal or greater value.
• Proof of purchase will be required.
• If your new bed is more expensive than the original bed, we will require full payment of the difference before the new bed will be exchanged.
• We are unable to exchange where the new bed is less expensive than the original. Any price difference cannot be made up with a second bed or any associated accessories or products.
• The Sleep Happy Guarantee is not valid on warranty exchanges, clearance/discontinued merchandise, floor models, pillows or mattress protectors.
• The Sleep Happy Guarantee only allows one exchange per base set purchased.
• You will be required to purchase a Sleepmasters mattress protector on the same sales order as your base set.
• Beds that are found to be damaged, stained or unsanitary will not be exchanged. The determination of the status of the base set is within the sole discretion of Sleepmasters.
• We will apply an administration charge of 10% of the value of the original bed and a redelivery charge. This fee must be paid prior to collection of your old bed and delivery of the new bed.
• The Sleep Happy Guarantee does not affect the Supplier Warranty.
• The Sleep Happy Guarantee does not affect the consumer’s rights in terms of the Consumer Protection Act, where applicable.


Simply call your nearest Sleepmasters store for assistance.