INTRODUCTION

This agreement contains the complete terms and conditions that apply to the client by accessing our website, entering our premises or purchasing/ordering from Klooftique CC. By visiting or purchasing from this website, you agree to be bound by its terms of use and shall comply accordingly. This agreement describes and encompasses the entire agreement between Klooftique CC and the client. This agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to this website, its content and items provided by or through this website and its subject matter. Amendments to this agreement can be made and effected by Klooftique CC without specific notice to the client or public. The agreement posted on this website reflects the latest agreement and the onus is on the client to carefully review same before making use of the Klooftique CC website.

USE OF SITE & PROHIBITIONS

This website will allow a client to view product online, however, said client is prohibited from doing the following;

• Use our website, including its services and/or tools, if you are under the age of 18 or have been suspended, either temporarily or indefinitely, from using tour sites or services.
• Transmit any worms, viruses or code of a destructive nature.

Klooftique CC reserves the right to alter any designs or manufacturing processes at our discretion and without any prior notification. In order to successfully complete the sign-up process on this website, the client must provide their full, legal name, current address, a valid email address, as well as any additional information required in order to complete the sign-up form. The client must confirm that they are 18 years of age or older and will be responsible for keeping their password secure. The client will also be responsible for all activities and content uploaded to their relevant account.

PRODUCT PRICING AND DESCRIPTIONS

The prices displayed on the Klooftique CC website and in the showroom are quoted in South African Rands and inclusive of Value Added Taxation (VAT), valid and effective only in South Africa.

In instances where items have been mispriced on the Klooftique website or in the showroom, in which the item’s correct price is higher than the stated price, Klooftique will, at its discretion, either contact the client for instructions prior to shipping or cancel the order and notify the client of such cancellation.

Klooftique does not warrant that product descriptions or other content of this site is accurate, reliable, current or error-free.

PAYMENTS AND PROCESSES OF INVOICING

Klooftique reserves the right to provide the terms of payment. Full payment of all prices and the delivery (where applicable) thereof will be required prior to the release of orders. In instances where payment is made via EFT, orders will only be released for delivery or collection once the relevant payment has been received on Klooftique CC’s bank statements. EFT payments may take 2-4 working days to reflect on the bank statements and all orders remain the property of Klooftique CC until such a time that full payment has been received on the bank statement and receipted to the client’s account.

Klooftique CC does not accept cheques as a means of full, deposit or balance payment. Payments can be made in cash, credit card or electronic funds transfer (EFT). All invoices are due and payable within the time period noted on all invoices, measured from the date of invoice.

Klooftique CC reserves the right to cancel or deny orders placed by clients.

Klooftique CC reserves the right to cancel any orders arising from pricing, promotional or typographical errors.

Balances due on invoices must be paid within 15 days of the invoice issue date. Klooftique reserves the right to charge a client a penalty charge of 1% per month applied against undisputed, overdue amounts, or the maximum rate permitted by law.

Invoices issues by Klooftique CC are to be retained as proof of purchase and presented upon collection and delivery.

EDITING, DELETING AND MODIFICATION

Klooftique CC reserves the right to edit, delete or modify and of the terms and conditions contained in this agreement at any time and at its sole discretion. The client’s continued participation will constitute binding acceptance of the aforementioned.

ACKNOWLEDGEMENT OF RIGHTS

By accessing this website and/or showroom, the client acknowledges that all rights, titles and interests, including, but not limited to rights covered by the Intellectual Property Rights, in and to the site, that the client will not acquire any right title or interest in or to this website except as expressly set forth in this agreement. The client may not modify, adapt, translate, prepare derivative works from, decompile reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the program or proprietary information related thereto.

FRAUD

Fraudulent activities are monitored on the Klooftique CC website. In the event that fraud is detected, legal action will be taken against the responsible party/ies. Aforementioned party/ies will be liable for all accumulated costs and legal fees arising from said fraudulent activities.

WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY

Klooftique may be held liable to honour the warranty in the following instances;

• The damage or defect existed at the time of delivery
• Manifested during the warranty period and was not due to everyday wear and tear, care instructions were followed, the product has been used for the purpose it was intended
• The customer must provide Klooftique with their original invoice as proof of purchase

The frame work of the sofa is guaranteed for a total of 10 years. The foam and stitching of the sofa is guaranteed for a total of 2 years.

All hardware (coffee tables, side tables, servers and lighting) carry a 1 year warranty.

The warranty of any and all pieces does not extend to the fabric or leather. Klooftique does not warranty the fabric or leather chosen, as clients’ lifestyles differ, therefore making it impossible for Klooftique to know how the fabric will react in each client’s environment.

Leather

Klooftique does not warranty leather, as leather is a natural product and will therefore react differently in each space. Klooftique cannot be held liable for possible issues including cracking, fading, marking and moulding.

All the leathers used have been tanned without altering any of their existing natural characteristics. It is for this reason that tick bites, scratch marks, stretch marks etc. can be seen on the leather. The aforementioned characteristics are natural and therefore not considered defects, but rather signs of the inherent value of leather.

It is also important to note that leather hides will vary in colour. Leather is a natural product; therefore, no two hides will be exactly the same.

Colours

The colour of all products pictured on the Klooftique website may appear different on various computer screens than compared to the colour of the actual products. It is recommended that clients visit the Klooftique showroom if they are uncertain of the finish or colour of a product.

The onus is on the client to ensure that the product and colour they are ordering, is in fact correct.

Sizing and dimensions

Klooftique will not accept liability for costs incurred by the client as a result of the incorrect or incomplete measurements or information supplied by the client, or alterations made by the supplier. All dimensions specified by Klooftique are approximates.

LEAD TIME

The lead time quoted by Klooftique is an estimate date of completion. Whilst every effort is made at all times to achieve the aforementioned date, there may be instances where delayed are encountered that are outside of Klooftique’s control. Klooftique will make every effort to expedite delayed lead times and will update the client throughout the process.

 

Klooftique will not be held liable for any indirect, special or consequential damages, loss of revenue, profit or data, arising in connection with this agreement, even in instances where Klooftique may have been advised of the possibility of such damages.

Klooftique makes no representation that the operation of the Klooftique website will be uninterrupted or free of errors. Klooftique will not be liable for the consequences of interruptions or errors that may arise.

This Klooftique website and its information, contents, materials, products and services are provided on an as-is and as-available basis.

Persons visiting this website agree and understand that their use of this website is at their own risk.

CONFIDENTIALITY

All client information is confidential and is not to be disclosed to a third party. By viewing this website or obtaining a quotation, the user is not to reproduce, disseminate, sell distribute or commercially exploit any such proprietary information in any manner. All information submitted to by an end-user customer pursuant to a program is proprietary information of Klooftique.

NON-WAIVER

Failure of Klooftique to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.

COLLECTIONS

An original invoice must be presented upon collection in order for Klooftique to release the product. The person producing the original invoice shall be deemed to be the duly authorised agent of the customer.

Unless indicated to the contrary on the collection note, it is deemed that the product has been collected and received in good condition and, where appropriate, in accordance with the customer’s specifications.

Klooftique will not be held liable for any damage that may occur once the product has been handed over to the client or person(s) collecting o the behalf of the customer during the loading and/or conveyance thereof.

The onus is on the client to ensure that a suitable collection vehicle is utilized in order to accommodate the size of the product in an upright position and that it is loaded and secured properly to prevent damage. The client is responsible for supplying sufficient labour to load and collect, as well as sufficient equipment, e.g. rope and blankets in order to stabilize the product during transportation. Klooftique reserves the right to change these terms and conditions without notice. Discretion is to be applied in all instances.

DELIVERY

Klooftique does not offer an in-house delivery service. All deliveries are contracted to a non-affiliated third party.

A quote can be obtained on behalf of the client for delivery, courier or export charges. Klooftique will contact the client via email to arrange the requested delivery for Tuesdays or Fridays, between 10:00 and 16:00. Deliveries can be scheduled for Saturdays per special arrangement and at an additional charge.

Reasonable endeavours will be made to deliver the product on the scheduled date and time. Circumstances that are unforeseen or beyond Klooftique’s control may however result in charges to the agreed delivery date and time, of which the customer will be informed telephonically or by email to make alternative arrangements.

Klooftique cannot be held responsible for delays in transit or delivery nor is Klooftique able to commit on behalf of the delivery company to a set time.

The onus is on the client to inspect the product on delivery. The client (or person taking delivery on behalf of the client) will be required to sign a Proof of Delivery. Unless indicated to the contrary on the POD, it is deemed that the product delivered was received in good order and, where appropriate, in accordance with the customer’s specifications.

The onus is on the client that the place of delivery is accessible and that the area has been cleared prior to delivery. This includes the removal of all breakable objects. No products will be hoisted over balconies, or through windows unless otherwise agreed to and quoted for. In the event that hoisting is required, the client will arrange this at their own cost.

The client accepts risk of all damaged that may result due too non-compliance by the client. The client will be charged for any additional delivery costs due to failed deliveries, access problems and/or failure to adhere to the appointed time of delivery/collection. Delivery fees are non-refundable.

RISK OF LOSS

Customers who elect to collect from the Klooftique Showroom or Klooftique Factory premises unconditionally agree and accept that the risk of loss and title for such items pass to the client at the time of collection by either the client or the client’s appointed agent. The risk of loss and title again passes to the client upon delivery as evidenced by the signature of the person taking delivery on the copy of the Klooftique invoice.

MISCELLANEOUS

This Agreement shall be governed by and construed in accordance with the substantive laws of www.klooftique.com, without any reference to conflict-of-laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of www.klooftique.com, to the exclusion of any other courts without giving effect to its conflict of law provisions or your actual state or country of residence. The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein. Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice. In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.

TRADEMARKS

Klooftique and other Klooftique graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Klooftique in South Africa. Klooftique trademarks and trade dress may not be used in connection with any product or service that is not Klooftique, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Klooftique. All other trademarks not owned by Klooftique or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Klooftique or its affiliates.

Need help?

Contact us at info@klooftique.com for questions related to refunds and returns.