Terms and conditions

Terms and Conditions

Web and Telesales Terms and Conditions

You agree to be bound by the terms and conditions as laid out below and they will govern each order that you place with us. Each order is a separate legally binding contract. You should read these terms and conditions carefully and make sure you understand them.
If a provision in these terms and conditions is found to be invalid or unenforceable by a court it will not affect the validity of the remaining provisions.
These terms and conditions are governed by the laws of South Africa. They do not affect your statutory rights.
1. Definitions:
1.1        In these terms and conditions, the following words shall have the following meanings:
"You" or "Your" means the person named in the Order to whom we are supplying the Goods in accordance with these terms and conditions;
"We", "Us" or "Our" means Factory direct beds,
"Order" means Your order for the Goods;
"Goods" means all products listed in the Order;
“Made to Measure” mean any Goods that are made to specific, non-standard dimensions as determined by You; and
"Delivery" means the delivery of the Goods to the delivery address specified in the Order.
2. Orders:
2.1        These terms and conditions apply to Orders placed Online and telephonically.
2.2   It is Your responsibility to check:
(a)        the dimensions of all Goods to ensure that they will fit into Your property; and
(b)        that additional services requested (such as assembly, disposal) are clearly noted in the Order. These will be shown separately. If they are not included in the Order then these services have not been purchased and will not be provided.
2.3      A confirmation of your order will be sent automatically by e-mail, unless you are notified to the contrary within 48 hours of this confirmation, the order will be deemed to be accepted by Factory direct beds.
3. Goods:
3.1        The description of the Goods will be as specified within the Order.
3.2        You should be aware that:
(a)        all sizes given are approximate and stated bed and mattress sizes refer to the sleeping surface only;
(b)        mattress sizes may vary slightly from their stated dimensions due to manufacturing tolerances; and
(c)        comfort grading is for guidance only.
3.3        We do not warranty the product however the manufacturer warrents (the "warranty") that for the period set by the manufacturer from the date of Delivery, the Goods will:
(a)        be of satisfactory quality;
(b)        be fit for the purpose for which they are designed and supplied;
(c)        be free from material defects in design, material and workmanship; and
(d)        comply with all applicable statutory and regulatory requirements for selling the Goods in South Africa
3.4        The warranty covers normal domestic home use only and does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by You, commercial use, failure to follow Our written instructions regarding care of the Goods, or any alteration or repair to the Goods which you carry out without Our prior written approval.
3.5        If you inform us that the Goods have breached the warranty, we will arrange an independent inspection to verify this. If this inspection finds that the Goods have not breached the warranty, We will decline any further action, but provide full details of the reasons for the decision. You will have direct access to any reports completed by the inspection specialist.
3.6        If you would prefer to use an inspection service of Your choosing, then this must be done at Your cost. Any inspection service used must be a recognised, independent specialist and we must agree in writing to them carrying out the inspection.
3.7        In the rare event that Goods are found to have breached the warranty, We will follow a fair and fast process. We will either repair or replace the Goods free of charge. Alternatively, We may (if We choose) provide a full refund of the price paid by You for the Goods. We will do our best to agree with You which remedy would be most appropriate.
3.8        The warranty shall apply to any repaired or replacement Goods we supply to you. 
4. Price and payment:
4.1        Full payment is required before the order is delivered and Factory direct beds will collect this using the debit/credit card details supplied by the Buyer, cash on delivery or internet transfer
5. Delivery and collection:
Our standard delivery charges are as follows and subject to change
51        Delivery of the Goods will incur a separate charge of R250 in Port Elizabeth and subject to quoted transporter fees throughout the rest of South Africa
5.2        Goods can be collected free of charge from selected locations around Port Elizabeth
5.3        Delivery will be made to the delivery address specified on the Order and any changes to a delivery address must be supported by documentary evidence. You must notify us at least 24 hours prior to Delivery of any delivery amendments. Any amendment however small may lead to an increase in lead-time or change of delivery date.
5.4        We can deliver to the majority of main centers in South Africa, but We may be unable to deliver to some locations. Please contact Us for more details.
5.5        Delivery dates and lead times are given in good faith but are subject to change. Most delivery lead times start from the date of Order.
5.6        If, as a result of our actions or the actions of Our suppliers, we are unable to Deliver Goods for more than 2 weeks (14 days) beyond the lead-time or delivery date stated in the Order, You will be entitled to cancel the Order and receive a full refund of all amounts paid unless a new date for Delivery can be mutually agreed.
5.7        If, as a result of circumstances beyond our control, we are or reasonably believe that we will be unable to complete Delivery of the Goods, we will be entitled to cancel the Order and will provide you with a full refund of all amounts paid.
5.8        Delivery will be deemed to have taken place when the Goods have been delivered to the address set out in the Order. Delivery is to the room of Your choice at the delivery address. We do not need to satisfy Ourselves that the person accepting delivery at the agreed address is authorised by you to accept the Goods.
5.9        If we are unable to complete Delivery due to the Goods not fitting in the required room at the delivery address, You may order a different product as a replacement for the Goods. In these circumstances:
(a)        You must pay the difference between the price of the Goods and any replacement product which is of higher value;
(b)        You shall not be entitled to a refund of the difference between the price of the Goods and any replacement product which is of lower value; and
(c)        You must pay an additional delivery charge and our reasonable administration costs.
5.10      The Goods may require some assembly. If you have purchased an assembly service, this will be carried out by a provider selected by Us. If you have not purchased this service, it is Your responsibility to assemble the Goods.
5.11      You should inspect the Goods carefully upon Delivery. If assembled by Us or our provider at the delivery address, Goods will be deemed accepted once assembled unless you inform us otherwise at the time. Where Goods are not removed from their packaging or you have otherwise not had a reasonable opportunity to inspect the Goods on Delivery, the Goods will be deemed accepted 7 (seven) days after Delivery.
5.12      We will notify You in writing or verbally once the Goods are ready for Delivery or collection. If you fail to collect or take Delivery of the Goods on the agreed date, we will not store the Goods for any reason for longer than 7 days.
5.13      If you fail to pay the full price of the Goods or fail to take Delivery or to collect the Goods within 7 days of the scheduled delivery date, We will be entitled to cancel the Order and you must pay all amounts stated in the Order in addition to our reasonable administration costs, which may be up to 20% of the cost of the Goods.  This charge may, at least in part, reflect the price at which we are able to resell the Goods.
6. Disposal:
6.1        The collection and disposal of Your old beds/mattresses. All items for disposal must be wrapped as securely as possible in plastic. We reserve the right to refuse collection if items for are not wrapped or are still assembled in the property.
6.2        Under no circumstance should items for disposal be left exposed to the weather and become wet or soiled. We reserve the right to refuse collection in this instance. In addition Our driver may refuse to collect such items if they are reasonably concerned about contamination of other customer orders on his vehicle..
7. Risk and ownership:
7.1      Responsibility for and ownership of the Goods passes to You once the Goods are Delivered or collected.
8. Cancellation:
8.1      The Buyer may cancel the goods at any point after placing their order, but no later than 7 working days from the day of delivery. Intention to cancel can be notified to The bed guy cc by:
Calling Customer Services on 0797763257
Emailing to sales@thebedguy.co.za
Made to Measure Items (see definitions) cannot be cancelled once the order has been accepted by Factory direct beds
Due to the hygiene aspects associated with some items (e.g. mattresses, pillows, mattress protectors, duvets), we reserve the right to reject cancellation if these items have been used. This does not apply if the items in question are found to be faulty.
Buyers can open the packaging to inspect a product on delivery, but, if they are then rejected, the Buyer must take good care of the Goods until they are collected by factory direct beds (or their agents).
The Goods must be unused, in their original condition and made available for collection at a time agreed with us. The collection date should not exceed 7 days from the cancellation date.
We will levy a collection charge of R250 for collection of the Goods. This will be deducted from the refund value of the Goods.
Alternatively the Buyer may return the Goods (at the Buyers cost) in their original condition and adequately packaged to prevent damage to the particular manufacturer of the product or to us
Following collection or return, if the Goods are found to be damaged (and the damage is not the result of our actions), we will seek to recover the cost of remedying the damage from the Buyer
9. Refunds:
9.1      Refunds will be made to You as soon as possible and in any event within a period of 30 days from return of the Goods.
9.2      If Goods have been Delivered, then a refund cannot be made until we have collected the Goods.
10. Events outside Our control:
10.1      We will not be liable or responsible for any failure to perform Our obligations under the Order that is caused by events outside Our reasonable control.  These include (without limitation) the following:
(a)        delays caused by one of Our suppliers
(b)        strikes, lock-outs or other industrial action;
(c)        fire, explosion, storm, flood, snow or other natural disaster;
(d)        unavailability of shipping, aircraft, motor transport or other means of public or private transport; or
(e)        unavailability of public or private telecommunications networks.
10.2      Our obligations under these terms and conditions are suspended for the period that such events continue and we will have an extension of time to perform these obligations for the duration of that period.
11. Limitation of Liability:
11.1      We do not accept any responsibility for damage to Your property during Delivery other than damage due to Our negligence when Our liability is limited to Your direct costs to repair that damage.
11.2      Our total liability in connection with or arising from the Order, whether in negligence or otherwise, shall be limited to the value of the Goods.
11.3      We shall not be liable for any indirect or consequential losses, costs or expenses in connection with or arising out of the Order.
11.4      Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraud or any other liability which may not otherwise be limited or excluded under applicable law.
12.  Contact Us:
12.1      For questions, requests to amend Orders, requests to change Delivery details, requests for refunds and all other queries You may contact Us by:
            (a)        calling Our customer services on 0797763257;
            (b)        emailing sales@thebedguy.co.za.
13. Risk and Ownership:
Ownership of the Goods will only pass when cleared funds have been received from the Buyer, regardless of whether delivery has taken place.
14. Fraud Prevention:
We retain the right to investigate any order placed on this website or by phone that it suspects to be fraudulent. Any such order will not be delivered until it is proven that the order is bona fide. Should we be unable to prove that an order is bona fide or to contact the Buyer then the monies will be refunded to the original payment card used and the order will be cancelled.
For your protection, to ensure that your credit, debit or charge card is not being used fraudulently, we will validate your name, address and other personal information supplied by you during the order process against appropriate third party databases.  By accepting these terms and conditions you consent to such checks being made.  In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information.  Please be assured that this is only done to confirm your identity.
A credit check is not performed and your credit rating will not be affected.  All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998
E&OE: Errors and omissions excepted.
Prices may change without prior notice.

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