TERMS & CONDITIONS
We are Cubic DeZign PTY (LTD). Registration number: 2018/275009/07. Our Office’s physical address is 144 Potgieter Street, Gauteng, South Africa.
These Terms and Conditions shall apply to all orders concluded by or with Cubic DeZign for the sale and/or supply of products on our online shop, CubicDeZign.co.za (the “Site”). When you submit an order to Cubic DeZign, give any delivery instruction or accept delivery of any products, this shall constitute your unqualified acceptance of these Terms and Conditions. However, nothing in these Terms and Conditions affects your statutory rights
Use of our online shop is also subject to additional Supply & Purchase Terms (found at cubicdezign.co.za/terms-conditions), which must be specifically incorporated, insofar as they apply to online purchases.
HOW IS A CONTRACT FORMED?
You may register an online profile on cubicdezign.co.za or use Guest checkout to place an order. To place an order with Cubic DeZign you must be older than 18.
To register a profile, you must provide a unique username and password and provide certain information and personal details to Cubic DeZign. You will need to use your unique username and password to access the Site to purchase products. You may place and order for one or more products on offer if such products are available and not sold out.
A contract of sale between you and Cubic DeZign only comes into effect once you have fully completed and submitted the online order form for the products in your shopping cart (“cart”) AND your payment has been authorised by Cubic DeZign (or has been received into Cubic DeZign’ bank account). Our acceptance of your order will only take place once payment for your order has been received. We will send a confirmation email that your payment has been received. This communication will serve as our acceptance of your offer to purchase our product.
PRICE AND PAYMENT
The amount to be paid will be shown on the Site together with the charges you must pay including VAT and delivery fee, if applicable. Unless otherwise stipulated on the Site, all charges are in the currency” ZAR” then in force in South Africa. You shall pay for the product by one of the following payment methods, subject to Cubic DeZign’ discretion
Payment via credit card:
The transaction takes place within your bank’s secure environment and Cubic DeZign won’t have access to any of your card details. You can rest assured that your card details will not be available to us. When you return a purchase, the specified amount will be credited back to your credit card after it has been approved.
Payment via Instant EFT:
Cubic DeZign accepts Instant EFT as a payment option and is available to ABSA, FNB, Nedbank and Standard Bank, Capitec. These payments are processed immediately by your bank and provide a secure transfer for immediate payment. You will not need to send proof of payment and there is no waiting period for the funds to reflect in our account. Your order status will be updated immediately. Instant EFT guarantees the highest levels of security when paying online and your online banking details are not stored. You cannot reserve products by placing them in your cart for payment at a later stage. Cubic DeZign may remove products from your cart if the product is no longer available.
Your order remains valid as an offer until we issue our Confirmation of Order email.
Cubic DeZign shall not be obliged to supply the product to you unless we have accepted your order (by issuing a Confirmation of Payment email). Unless expressly stating that We accept your order, an email, or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the confirmation of a contract of sale. In that Acknowledgement, we may give you an order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an order from you for any reason, including unavailability of supplies.
Cubic DeZign will, always do our utmost best to ensure that the price given to you is accurate, but the price of your order will need to be validated by Cubic DeZign as part of our acceptance procedure. If the price for the order changes before we accept your order, we will contact you and ask you to confirm whether you wish to proceed at the amended price.
CANCELLATION OF YOUR ORDER
Cubic DeZign reserves the right to refuse processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to you. Cubic DeZign will be liable for reimbursing you the rand value paid only if you have already paid for the cancelled order. After delivery of the product, you may cancel the sale only in accordance with the Returns & Refunds Policy. We reserve the right, for purposes of suspected fraud, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and Cubic DeZign, in whole or in part.
Please refer to our Delivery Policy for products ordered, in our Order Information Block. These delivery terms apply to deliveries within the borders of South Africa.
Please refer to our Return and Refund Policy in the Order Information Block
Unless otherwise stated, products shall by default be covered by a standard 12 (twelve) month warranty against manufacturing defects. Some brands and manufacturers may offer longer warranties and, in such cases,, the manufacturer’s warranty shall apply. Which shall appear in the product specification list. The following items shall be specifically excluded from the 12-month warranty and shall only be covered by a 6 (six) month warranty: bar stools, dining chairs, rugs, décor products, or small non-furniture items. Décor and small items shall include items such as clocks, rugs, paintings, wine racks, picture frames etc. Longer warranties or any extended warranties shall only be valid where this was explicitly agreed to by the management of Cubic DeZign and stated on the invoice or by formal written communication on company letterhead and signed by a duly authorised representative.
Warranties shall be valid only where the product was used and maintained properly and shall not cover any defects, damages or claims arising from any misuse or abuse, external causes or what can be considered fair wear and tear. Warranties are covered by the manufacturer and shall therefore individual products may be subject to the terms, conditions and exclusions imposed by respective manufacturers. Otherwise stated, no product shall be covered against any corrosion or damages caused by natural elements (i.e. rust, wind etc.). Warranty claims shall not be processed where products are in an unhygienic state. Natural variation occurring in wood or other materials are not considered defects, neither does the manufacturer guarantee the colour-fastness of any material. Natural products including but not limited to products such as leathers, wood and animal hides may have natural defects and subject to natural changes (e.g. full grain leathers will have inconsistent grains, cowhides may lose hair). This warranty explicitly excludes any natural changes or decline to such products. This warranty shall also not cover any consequential damages, losses or claims of any kind.
All products listed on this website is intended, priced and marketed for specific use only, and some of the materials may be industrial grade. Unless otherwise stated in the product specifications or any product literature all furniture has a maximum recommended user weight of 120kg. Although higher weights may be supported, heavier user weights will accelerate wear and tear on the products and may cause damages to the product that will be excluded from any warranty claim or even result in the warranty becoming null and void. In the event where items are used in commercial environments (unless agreed to otherwise in writing), the warranty shall be limited to a period of 12 months from date of purchase.
We reserve the right to either repair or exchange an item submitted for warranty purposes. In the event where the item cannot be repaired, it may be exchanged with a replacement item that is identical, or where the exact same model or product is no longer available, with an item of similar value. Any approved exchange, credit or refund of a particular product shall apply to that product only and not any other products purchased from us at the same or at another time, regardless of whether the other items were purchased to match or compliment this product.
Transport charges for products returned for refund or exchange shall be for the account of the customer. Return transport charges may in some cases be higher than the original delivery fees billed, especially where the customer is located in outlying areas and smaller towns, or where an original delivery fee has been discounted or subsidised in any way. Only in cases of warranty claims shall transport charges be borne by Cubic DeZign, and this shall only apply for the first 12 (twelve) months of the warranty. Products returned for exchange or warranty purposes must be returned to the address that it was originally shipped from.
AMENDMENTS TO THESE TERMS AND CONDITIONS
Cubic DeZign may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Site.
Cubic DeZign undertakes to ensure compliance with:
- a) Provisions in the Consumer Protection Act 68 of 2008 in relation to any products sold by Cubic DeZign to you via the Site; and
- b) Sections 43(5) and 43(6) of the Electronic Communications and Transactions Act in relation to Cubic DeZign payment systems being sufficiently secure;
Neither Cubic DeZign nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Site or the services or content provided from and through this Site. Furthermore, Cubic DeZign makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Site are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to email@example.com
Although products sold via the Site may be under warranty, the Site itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the service available from and through this Site will meet your individual requirements.
Any views or statements made or expressed on the Site are not necessarily the views of Cubic DeZign, its directors and employees.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, Cubic DeZign also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk.
CUBIC DEZIGN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE. YOU HEREBY INDEMNIFY CUBIC DEZIGN AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE.
This Site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, you and Cubic DeZign submit to the jurisdiction of the South African courts. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party. Any failure on the part of you or Cubic DeZign to enforce any right in terms hereof shall not constitute a waiver of that right. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.