Terms and conditions

Terms and conditions2018-07-19T12:27:37+00:00

Introduction

This website (www.goingcontemporary.co.za), related mobile-sites and software applications (hereinafter referred to as the ‘website’) is owned and operated by Going Contemporary (Pty) Ltd (hereinafter referred to as ‘us’, ‘we’, ‘our’ ‘Going Contemporary (Pty) Ltd’), a manufacturer and retailer of furniture, homeware and decor products.

The disclaimers, policies and Terms and Conditions on this page (hereinafter referred to as ‘Terms’ and Conditions’) shall govern the order, sale and/or delivery of goods or services from Going Contemporary (Pty) Ltd as well as the use of this website by any customer or person (hereinafter referred to as ‘you’, ‘your’, ‘user’, ‘customer’), the singular includes the plural and vice versa.

Please review the terms contained on this page carefully. The Terms and Conditions apply to all users of our website, including but not limited to users who are browsers, customers, merchants, vendors and/or contributors of content.

If you access and use this website, you accept and agree to be bound by and comply with the Terms and Conditions.   If you do not agree to the Terms and Conditions contained herein, you are not authorised to access our website, use any of our website’s services, or place an order on our website.

Waiver

Any failure on our part to exercise or enforce any right or provision of any of our Terms and Conditions set out will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

Severability

If any of the provisions of our terms or condition are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms and Conditions, which will continue to be valid and enforceable to the fullest extent permitted by law.

Variation

Going Contemporary (Pty) Ltd may, at its sole discretion, change or amend any of these terms, conditions or policies without notification and it is your responsibility to ensure that you are satisfied with the terms and any amendments that may have been affected. Using the website after any amendments have been made shall deem your acceptance of such changes. Should you not agree with any of the terms or amendments made you should not proceed to transact with us through this website.

Errors , Omissions and Product Descriptions

While all reasonable effort is made to provide accurate information about products (including pricing, availability, features and descriptions), unless proven to be due to gross negligence on our part, we do not accept liability and shall not be held liable for any loss or claim as a result of such error or inaccuracy. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information, discontinue any product or product range, make product improvements, material changes or changes to design at any time, without prior notice (including after an order has been submitted).

Product descriptions are for marketing purposes only and are presented in a simple easy-to-understand format. Product descriptions on this website are by no means exhaustive technical information sheets. Some terms may be used in a broad sense or for specific purposes only.

Colour Descriptions:
Descriptions and depictions of colour may not be 100% accurate. Although our photographers and graphic designers do their best to portray items as accurately as possible, various factors may influence the colour displayed on screen including monitor and screen calibration. Colour descriptions do not describe the actual material of the product (e.g. wooden items described to be ‘Burmese Teak’ in colour does not infer the wood is actually Burmese Teak).

Materials:
Where a product description describes a product to be manufactured from a specific material such as ‘solid wood’ or ‘aluminium,’ this only means that the majority or the most important sections are made from this material and does not necessarily imply that every single part of the product is manufactured from this material. For example, items described to be manufactured from solid wood may feature some other materials, e.g. knobs of aluminium, interior panels or drawer bottoms from plywood or MFD etc. Descriptions such as ‘synthetic leather’ or ‘leatherette’ could, for example, refer to various materials including PU, PVC, etc. Where broad terms are used, such as, but not limited to ‘wood,’ this may cover various forms of wood, including solid woods, veneers, MDF, etc. Where ‘PVC wrap’ is specified, it refers to decorative PVC film applied to MDF with special adhesive under heat and vacuum processes. Similar conditions apply to other materials.

Pricing & Stock

All prices advertised on our website do not include VAT as Going Contemporary (Pty) Ltd is currently not VAT registered. Prices published on the website applies to current products only. In the event where a specific product may have sold out, and you have placed an order or enquiry before a price, specification or promotion update, we will first inform you of any changes. Should you not accept the changes, we reserve the right to cancel the order or any part thereof.

Payment Options and Pricing

All transactions will be processed in South African Rands (ZAR).

Your total order price will include the price of the purchase plus shipping charges calculated on the day of shipping.

Going Contemporary (Pty) Ltd, reserves the right to change pricing at any time without prior notice.

All of your order details will be saved online in the Your Account section available for use whenever you wish to make further purchases. This information remains confidential and is not divulged to any unauthorised person/s whatsoever.

Should Going Contemporary (Pty) Ltd, reduce the price on any shipped product/s within 10 working days of shipment, you may contact us and request a refund of the difference between the price you were charged and the reduced selling price. To receive the refund you must contact us within 14 days of shipment.

SnapScan

Once you have added your item/s to your shopping cart, proceed to “Checkout” and follow the order processing instructions. Select the option to pay via SnapScan, (Need to know more about SnapScan just click here)

EFT (Electronic Fund Transfer)

Once you have added your item/s to your shopping cart, proceed to “Checkout” and follow the order processing instructions. Select the option to pay via EFT. You will then have to load Going Contemporary as a beneficiary on your internet banking. Use your unique order number in the beneficiary reference line for your payment. This will ensure speedy processing and delivery of your selected products. Failure to add the unique order number will result in your payment remaining unallocated to your purchase.

Bank: First National Bank
Account Holder: Going Contemporary
Account Number: 62769337950
Branch: Stellenbosch
Branch Code: 250655
South Africa

Direct Deposit

You may pay for your products through a direct deposit by going into your bank and physically making a direct deposit there. Please email your deposit slip to us at info@goingcontemporary.co.za to ensure your payment is confirmed and order shipped as quickly as possible.
For more information about how to order, special order requirements and other payment options, please email us at info@goingcontemporary.co.za

Credit Card

Currently we do not offer credit card payments, but your credit card can however be linked to SnapScan for a secure payment

Delivery and Inspection of Goods

Prices advertised on this website exclude delivery unless otherwise specified, or where you qualify for free delivery under certain conditions.

Going Contemporary (Pty) Ltd makes use of reputable contracted third-party couriers with a national delivery network. Deliveries shall be done on weekdays (excluding public holidays) during the courier’s normal daytime service hours. Deliveries to outlying areas such as farms or small towns may take longer. Delivery fees include delivery to the majority of towns and cities in South Africa only. In some cases, couriers may require a surcharge to deliver to areas considered to be remote or high-risk. Should this be the case, you will be contacted to discuss surcharges or other delivery options. Should an agreement not be reached between you and us, we reserve the right to cancel the order and refund you in full.

Due to size and nature, most products may be supplied and delivered in knock–down format and require self-assembly.

It is your responsibility to properly inspect delivered goods. If packaging shows visible damages, you are advised to take sufficient photographs as required, and to make a clear note of such damages on the waybill when signing for the goods.

You must ensure that the correct number of cartons as indicated on the waybill is received before signing the waybill. Note that the number of cartons may not correspond to the number of items you have purchased as more than one item may be packaged in a single carton. The number of packages/cartons/pieces as indicated on the waybill should be verified by you or your representative before signing receipt of the goods.

We may only guarantee delivery to the delivery address supplied by you, but cannot verify the identity of the person signing for the goods. Individuals accepting the goods at the delivery address on the date of delivery shall be considered authorised by you to receive delivery on your behalf, and bear responsibility for verification in terms of the point referred to above.

Any discrepancies, damages or shortages on any delivery must be communicated to us within two business days from date of delivery (weekends excluded) by submitting this claim using our online Customer Care form (link located at the bottom of the Going Contemporary (Pty) Ltd homepage). If for any reason the link does not work, you must email our customer care department directly at customercare@goingcontemporary.co.za. It is your responsibility to ensure that you receive confirmation of receipt of your claim as proof of submission.

Unless otherwise specified, delivery of orders shall be handled by contracted third party couriers. It remains your responsibility to ensure that the place of delivery is easily accessible and that the items ordered can fit into lifts, on staircases, through passages and through doors at the delivery address. As per the contracted courier’s Terms & Conditions, they may not move or re-arrange furniture in preparation for delivery or hoist products onto balconies or through 1st level or higher windows or entry areas. Should you have a concern regarding a delivery place constraint, please email us to discuss possible constraints prior to placing an order.

Product Waiver

Installation of our products must only be undertaken by persons with the physical capacity, skills and experience to use the tools and equipment required for the installation of your products as described in the Instruction Description.

The use of the products advertised and distributed by us are designed to be installed only on any masonry structure or drywall system that conforms to regulations, building codes or standards. It is your responsibility to ensure that the appropriate wall anchor is used for the specific wall type onto which the product is to be installed or secured.
Masonry walls and drywall systems that were built prior to the establishment of building codes may not be suitable for the installation of our products.
You must take care to ensure there are no subsurface services, including but not limited to electrical conduits and wiring, data or other low-current installations, water pipes, plumbing, HVAC pipes or ducts, or gas lines.
As the installation of our products is beyond our control, we cannot be held responsible for damage, injury or loss due to any cause whatsoever once the product/s have been delivered to your property.
The weight of any object placed in or on any of our products should not exceed 15 kg.

Warranty & Return Policy

Unless otherwise specified, all Going Contemporary (Pty) Ltd products comes with a 14-day money back satisfaction guarantee. This guarantee shall be calculated from the date of delivery of goods.

Unless otherwise stated, products shall by default be covered by a standard 12 (twelve) month warranty against manufacturing defects.

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 may be considered fair wear and tear. Unless otherwise stated, no product shall be covered against any corrosion or damages caused by natural elements (i.e. rust, wind, etc.). Natural variation occurring in wood or other materials are not considered defects, neither do we 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, cow hides may lose hair).

All products listed on this website is intended, priced and marketed for domestic or office use only. 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 6 (six) 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, or alternatively with in-store credit.

Customers wanting to return any product must submit a notice of return through the Going Contemporary (Pty) Ltd website or alternatively via email to customercare@goingcontemporary.co.za. The return link can be located at the bottom of the Going Contemporary (Pty) Ltd homepage.

Transport charges for products returned for refund or exchange shall be for your account. 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 Going Contemporary (Pty) Ltd, and this shall only apply for the first 6 (six) months of the warranty. Products returned for exchange or warranty purposes must be returned to the warehouse that it was originally shipped from.

Goods returned must reach Going Contemporary (Pty) Ltd within 7 (seven) days after the expiry of the 14-day return period. Any returns by our contracted couriers must first be authorised and shall be arranged by ourselves. You may not directly arrange for returns on our account with any of our contracted couriers. Even if a courier may allow this, Going Contemporary (Pty) Ltd may hold you liable for the costs of such return.

Products returned must be adequately packaged in the original packaging. Where original packaging was discarded, it shall be your responsibility to ensure the item is packaged adequately to avoid damage in transit. Our contracted third-party couriers do not offer packaging services and may refuse to accept products without adequate packaging. In the event where our couriers do collect an item not packaged properly, or where they have assisted you with packaging, this shall be done at your own risk. It is advised that you take adequate photos of the products you wish to return as Going Contemporary (Pty) Ltd will keep you liable for any damages to the product when received.

As soon as a product authorised for return for refund/exchange or warranty purposes, is received, the item shall undergo inspection of both packaging and condition of contents, and any damages or discrepancies recorded. Where the item was returned for refund and the item was received in perfect, as-new condition a full refund will be paid to you, minus the delivery and return transport charges. Going Contemporary (Pty) Ltd reserves the right to levy reasonable and appropriate surcharges or handling fees to compensate for shortages, damages or repairing items not returned in good condition.

Refunds to you shall be made within 10 – 14 business days from the date of receipt of goods by Going Contemporary (Pty) Ltd.

Products that were given as free gifts as part of a promotion received in a competition or giveaway or where the product was bought as a shop-soiled or demo product shall not be covered by any warranty.

Intellectual Property

All graphic images including product photos, logos, banners, sound or video clips trademarks and trade names, lay-outs, icons or copy text displayed or incorporated in this website is the property of Going Contemporary (Pty) Ltd or the brands, associates, suppliers or service providers it represents and is protected by law. Any unauthorised use, reproduction or distribution thereof is strictly prohibited and may only be done with the express written consent of Going Contemporary (Pty) Ltd.

Going Contemporary (Pty) Ltd grants you permission to view, electronically copy and print portions of the website for the sole purpose of placing an order with Going Contemporary (Pty) Ltd for any of the Products.

Any use of materials on the website other than for the purpose noted above including, without limitation, the unauthorised submission, removal, modification, dissemination, copying or distribution of copyrighted or other proprietary content, without the prior written consent of Going Contemporary (Pty) Ltd and/or the lawful trademark and/or copyright owner (if applicable), is prohibited and constitutes an unlawful infringement of the intellectual property rights of Going Contemporary (Pty) Ltd and/or such trademark and/or copyright owner.

Unlawful Use

By entering this website, you agree that you will not use any device, software or other instruments to interfere or attempt to interfere with the proper working of the website, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the pages of the website or the content contained herein, without the prior written consent from Going Contemporary (Pty) Ltd (such consent is deemed given for standard search engine technology employed by internet search websites to direct internet users to this website).

You may not use the website to distribute material which is defamatory, offensive, and unlawful, or contains hate speech.

Limitation of Liability

Going Contemporary (Pty) Ltd shall in no way be liable for any direct, indirect, incidental, special or consequential injury, loss or damages which might arise from your use of, or reliance upon, any material or content contained in the website or any linked website, or any inability to use the website, or any unlawful activity, or the receipt by you of an electronic mail from the supplier or one that purports to emanate from the supplier, unless the loss, claim or damage arises as a result of the gross negligence of Going Contemporary (Pty) Ltd

Governing Law and Domicilium

This business and website is governed by the laws of South Africa, and Going Contemporary (Pty) Ltd chooses its domicilium citandi et executandi for all purposes under these Terms and Conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature, at Shop 50, Bosman’s Crossing Square, Stellenbosch. Any disputes, actions or proceedings relating to these Terms and Conditions, or your access to or use of our website, must be brought before the courts of South Africa in the magisterial district of Stellenbosch, and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

Company Information & Contact Details

This business and website is owned and operated by Going Contemporary (Pty) Ltd
Email: info@goingcontemporary.co.za