UPHOLSTERED FURNITURE WARRANTY

Upholstered furniture is warranted for a period of 2* years from the date of delivery/collection in respect of the frame and craftsmanship. (*also refer to IMPORTED PRODUCTS WARRANTY) The warranty does not extend to the fabric or leather used to upholster the product as this is subject to wear and tear associated with use. Furthermore, usage and treatment in the customer’s environment is beyond UHQ’s control.

  1. Warranties do not apply to:
    1.1. Defects or damage arising from negligence, abuse or misuse, including (but not limited to) improper maintenance – referred to as ‘dressing’, exposure to water, direct sunlight, coastal air, chemicals, accidents, any use for which the product was not designed nor does it cover ordinary wear and tear; failure to comply with UHQ care instructions or specifications
    1.2 Extreme use is considered the damage caused by more than normal wear and tear this includes:
  • Solvent spills
  • Ink
  • Paint
  • Body fluids (human or animal)
  • Improper cleaning techniques
  • Placing furniture outdoors in direct sunlight or close proximity to an open heat source (heaters, fireplaces, barbeque stands)
  • Sitting on arms and backs of the sofas
TIMBER WARRANTY

Timber products are warranted for a period of 1 year from date of delivery/collection in respect of frame and workmanship. Should the original product be altered in any way, the warranty will be void.

IMPORTED PRODUCTS WARRANTY

All imported products are warranted for a period of 1 year from date of delivery/collection in respect of frame and workmanship and regardless of whether it’s an upholstered product or not.

CONDITION OF DISPLAYED PRODUCTS

If the subject matter of the sale is the particular product that is on display in the UHQ showroom as viewed by the customer, then the product is sold to the customer in the specific condition in which it is and the customer agrees to accept the relevant product in that condition.

LIMITATION OF LIABILITY

UHQ will only be liable for damages that may be suffered by the customer as a result of gross negligence or a willful or intentional act or omission on the part of UHQ.

INTRODUCTION

1.1 We are Capital Retail 669 (Pty) Ltd (“UHQ”) Registration number: 2017/471107/07. Our Head Office’s physical address is The Edge Lifestyle Centre, Unit 3, 120 Victoria Rd, Pietermaritzburg, South Africa.

1.2 These Terms and Conditions shall apply to all orders concluded by or with UHQ for the sale and/or supply of products on our online shop, uhq.co.za (the “Site”). When you submit an order to UHQ, 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.

1.3 Use of our online shop is also subject to additional Supply & Purchase Terms (found at uhq.co.za/terms-conditions/ and www.uhq.co.za/supply-terms-conditions/ ), which must be specifically incorporated, insofar as they apply to online purchases.

HOW IS A CONTRACT FORMED

2.1 You may register an online profile on uhq.co.za or use Guest checkout to place an order. To place an order with UHQ you must be older than 18.

2.2 To register a profile, you must provide a unique username and password and provide certain information and personal details to UHQ. You will need to use your unique username and password to access the Site in order to purchase products.

2.3 You may place an order for one or more products on offer as long as such products are available and not sold out.

2.4 A contract of sale between you and UHQ 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 UHQ (or has been received into UHQ’ 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

3.1 The amount to be paid will be shown on the Site together with the charges you must pay including VAT and cash delivery fee, if applicable. Unless otherwise stipulated on the Site, all charges are in the currency then in force in South Africa.

3.2 You shall pay for the product by one of the following payment methods, subject to UHQ’s discretion.

3.2.1 Payment via credit card:

The transaction takes place within your bank’s secure environment and UHQ won’t have access to any of your card details. You can rest assured that your card details will only be accessible to our PCI compliant payment service provider, PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy. When you return a purchase, the specified amount will be credited back to your credit card after it has been approved.

3.2.2 Payment via Instant EFT:

UHQ accepts Instant EFT as a payment option and is available to ABSA, FNB, Nedbank and Standard Bank, Capitec and Investec. 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.

3.3 You cannot reserve products by placing them in your cart for payment at a later stage. UHQ may remove products from your cart if the product is no longer available.

3.4 Your order remains valid as an offer until we issue our Confirmation of Order email.

3.5 UHQ 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, letter, fax 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.

3.6 UHQ will, at all times 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 UHQ 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.

UHQ LOYALTY REWARDS

4.1 UHQ’s loyalty programme terms and conditions can be located here.

4.2 While customers can earn loyalty points, they cannot use the accumulated points on online purchases. Points can only be used for payment of purchases at UHQ offline stores countrywide.

4.3 Customers must have an online profile and have opted in to join the Rewards Program in order to earn
points.

CANCELLATION OF YOUR ORDER

5.1 UHQ reserves the right to refuse the processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to you.

5.2 UHQ will be liable for reimbursing you the rand value paid only if you have already paid for the cancelled order.

5.3 After delivery of the product, you may cancel the sale only in accordance with the Returns Policy below.

5.4 We reserve the right, for purposes of suspected fraud, to refuse to accept or process the payment on any order, and/or to cancel any sale concluded between you and UHQ, in whole or in part.

COLLECTION OR DELIVERY

These delivery terms apply to deliveries within the borders of South Africa.
6.1 UHQ shall fulfil your order within 5-10 business days via its courier partners or UHQ own delivery network. Specific delivery times cannot be made or agreed to at the time of order.

6.2 Free delivery on all orders over R500 (excluding furniture) in South Africa.

6.3 Should order be below R50, delivery is fulfilled by a courier partner, a rate of R90.00 (ninety rand ) for all orders, excluding furniture.

6.4 Charges for furniture are dictated by zones which are determined by a kilometre radius within which your delivery address is located. Rates can be supplied by your respective sales consultant.

6.5 UHQ shall aim to let you know if we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

6.6 On delivery of the product, you may be required to sign for the delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for the delivery. You are to note any defects on the proof of delivery.

6.7 All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.

6.8 If delivery is delayed through your unreasonable refusal to accept delivery or if you do not accept delivery or collect the product from the courier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or
b) no longer make the product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or cheque card company, as applicable, any money already paid to UHQ under the applicable Contract, less our reasonable administration charges.

OTHER WARRANTIES

8.1 UPHOLSTERED FURNITURE
Upholstered furniture is warranted for a period of 2 years from the date of delivery/collection in respect of the frame and craftsmanship. The warranty does not extend to the fabric or leather used to upholster the product as this is subject to wear and tear associated with use. Furthermore, usage and treatment in the customers’ environment are beyond UHQ control.

8.2 TIMBER WARRANTY
Timber products are warranted for a period of 1 year from date of delivery/collection in respect of frame and workmanship. Should the original product be altered in any way, the warranty will be void.

8.3 IMPORTED PRODUCTS WARRANTY
All imported products are warranted for a period of 1 year from date of delivery/collection in respect of frame and workmanship and regardless of whether it’s an upholstered product or not.

AMENDMENTS TO THESE TERMS AND
CONDITIONS

UHQ 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.

DISCLAIMERS

10.1 UHQ undertakes to ensure compliance with:
a)Provisions in the Consumer Protection Act 68 of 2008 in relation to any products sold by UHQ to you via the Site; and
b)Sections 43(5) and 43(6) of the Electronic Communications and Transactions Act in relation to UHQ payment systems being sufficiently secure;

10.2 Neither UHQ 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, UHQ 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 protected]

10.3 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 and be compatible with your hardware and/or software.

10.4 Any views or statements made or expressed on the Site are not necessarily the views of UHQ, its directors, employees and/or agents.

10.5 In addition to the disclaimers contained elsewhere in these Terms and Conditions, UHQ 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.

10.6 UHQ 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.

10.7 YOU HEREBY INDEMNIFY UHQ 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.

DATA PROTECTION

Please see our Privacy Policy and Cookie Notice, which forms part of these Terms and Conditions.

GENERAL

12.1 This Site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, you and UHQ submit to the jurisdiction of the South African courts.

12.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

12.3 Any failure on the part of you or UHQ to enforce any right in terms hereof shall not constitute a waiver of that right.

12.4 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

12.5 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.

12.6 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.

12.7 To place an order, you must be 18 years of age or older, and upon using this website you warrant to UHQ that you have the legal capacity to conclude a contract that is legally binding.

12.8 By using this website you also verify and agree that all the information you provide is correct and that it originates from you or from someone acting within your personal authority and that any instructions received by UHQ shall be deemed to be correct and binding and free from any liability attaching to UHQ and you indemnify UHQ against all and any claims, damages, liability arising from your instructions and orders or those purported to be yours.

12.9 UHQ, our affiliates and/or subsidiaries reserve the right to refuse, terminate accounts, cancel orders and/or remove and edit content at our sole discretion.