TERMS & CONDITIONS:
1. Beseated refers to the registered Company, namely “Beseated (Pty) Ltd” with registration
number 2013/095893/07
a. Definitions: – In these “Conditions of Sale” Customer/s refers to the person/s, firm or company
from whom the order was received or its legal assigns or successors.
b. The “products and/or goods” means those items specified in the order accepted by Beseated.
2. These “Conditions of Sale” apply to all sales by Beseated to its Customers unless they are
specifically varied in writing by Chair Crazy and agreed to by both parties in writing.
3. TERMS OF PAYMENT – 50% deposit is required on placement of order with the remaining 50%
to be paid prior to delivery. Payment is direct deposit into our account in advance
of delivery, unless previously approved and purchase order number is quoted. All payments must be
made in full unless expressly arranged with the approval, in writing, of Beseated.
4. Quotes are valid for 7 days from quote date. If you have an urgent requirement outside the
specified lead times, please be sure to discuss this further and we will endeavour to accommodate
your needs.
5. Although Beseated (Pty) Ltd takes care to ensure all quotations are correct, it will not be
bound to any price that contains inadvertent and/or obvious error. If a mistake occurs in any
advertisement, Beseated (Pty) Ltd undertakes to take all reasonable steps to inform the
customer of the correct details.
6. PURCHASE ORDERS – Purchase orders placed by any person, or firm or company through its
employees, whether in writing or verbally, are deemed to incorporate these terms and conditions.
7. CUSTOMER CUSTOM ORDERS – Orders accepted by Beseated for products specially
Manufactured to Customer specifications or any products modified to Customer specifications
require a deposit of 50% of the value of the goods including the residual 50% is due prior to delivery
and NO refunds will be allowed in the event of cancellation (unless if the product is “defective”).
8. CUSTOMER SUPPLIED PRODUCT – Beseated does not accept any liability for the quality or accuracy of any Customer Supplied Product, drawings or specifications.
9. CANCELLATION OF ORDERS – Where Beseated agrees at the Customer’s request to cancel an
order prior to delivering the goods to the Customer, Beseated reserves the right to charge a
cancellation fee for all costs incurred prior to the cancellation. The fee that may be up to 25% of the
full
price of the order, will depend on the nature of the order, the length of notice of cancellation before
delivery, the reasonable potential to find alternative clients for the order and the reason for
cancellation.
No refunds on deposits will be allowed in the event of cancellation of Special–Order Goods/Items
that
have already been ordered/produced, unless if agreed by mutual consent”.
10. PRICES – Unless otherwise expressly stated by Beseated in writing, all goods will be charged at
prices ruling on the date the purchase order is accepted.
11. QUANTITIES – All quotes and pricing have been based on quantities specified on the quote.
Changes to quantities will be subject to further negotiation.
12. CHARGES – In addition to the purchase price, all delivery charges, extra packaging charges
and Government taxes, if any, shall be payable by the Customer.
13. TOLERANCE – Unless expressly agreed to the contrary, it is normal to expect a slight deviation
between the product displayed on the website and the final manufactured item (i.e., there may be a
slight variance in the colour and texture of the end product).
14. SPECIFICATIONS – Beseated reserves the right to commercially match colours and/or substrate
without notice. Beseated reserve the right to alter the specifications for future orders and cannot
Guarantee to match any previous orders.
15. DELIVERY LEAD TIME – Delivery lead time quoted is calculated in working days excluding
Public Holidays. Delivery lead times stated are from receipt of deposit with accepted written order and are also subject to third party supplier lead times and deliveries. Due to the possibility of
unforeseen delays with Shipping that may occur due to circumstances beyond our reasonable
control, delivery dates for Imported Products may differ from the actual agreed dates on the
quotation.
16. DELIVERY – Deliveries may be suspended by beseated in the event of any strike, lockout,
trade dispute, fire, tempest, breakdown, riot, theft, crime, civil disturbance, war or legislation.
The inability of Beseated to procure goods due to any of the foregoing causes or any other
occurrences preventing or retarding performance of the contract of delivery of goods – no
responsibility shall be attached to Beseated for any delay, default, loss or damage due to any
of the above causes, or to any cause beyond the control of Beseated The customer will be
notified of such undue delay as soon as it becomes practical for Beseated to do so in writing.
17. RISK – The responsibility for loss or damage of goods shall pass to the Customer upon delivery
to the Customer, the Customers agent or to a destination nominated by the Customer or to a carrier
nominated by the Customer.
18. WARRANTY CLAIMS – Warranty claims must quote invoice number and date of purchase and
are subject to approval by Beseated. The Customer is responsible for risk to the goods whilst being
returned and the cost of freight for said goods. Please refer to Beseated warranty for further details
regarding warranty claims.
19. PROPERTY – Property of the goods shall remain with Beseated until such time as full payment
is received. If payment is not received, or if Beseated believes that the Customer may fail to pay
for the goods when payment is due Beseated, may institute legal action in respect of the attachment
of the said goods.
20. INTEREST – If the Customer fails to make payment on the due date or defers delivery of products
specially manufactured to Customer specifications or any products modified to Customer
specifications.
Beseated reserves the right to charge interest on amounts outstanding at the rate of 4% above the
minimum lending rate of the commercial banks as varied from time to time.
21. INDEMNITY – The Customer is hereby informed that there may be a risk involved in making use
of our purchased products (i.e., due to the nature of mass production it may contain defects and
therefore the customer is urged to take the necessary care when making use of the product for the
first time).
Beseated cannot be held liable for any harm/damage suffered by the customer if such damage was
caused due to reasons beyond the reasonable control of Beseated (this have included damage as a
result of any unintentional act of any person, whether in the employ or in his/her representative
capacity of Beseated, including loss or damage caused as a result of fire or theft, or any economic
loss pertaining to such harm/damage that may have been caused.
22. RIGHT TO INSTITUTE LEGAL ACTION – Unless the contrary has been agreed to in writing by the
Owner, of Beseated the above terms and conditions shall apply and therefore, Beseated reserves
the right (as owners of the goods until it has been paid for in full) to cancel the contract and to
approach a court of law for an appropriate order in the event of breach by the Customer of any
material term(s) in the contract, on condition that the customer has been notified of such breach
and has failed to remedy such breach within 20 business days after receiving such notification.
Beseated has a strong commitment to providing excellent service to all of our customers and visitors
of this Website, including respecting concerns about privacy. Beseated will explicitly ask when we
need information that personally identifies the Customer or allows us to contact a customer
(“personal information”). The Customer agrees to provide accurate and current information and not
to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your
affiliation with anyone or anything. The purposes for which Beseated will use your personal
information are as follows: to transact with the Customer via the website or email regarding
purchase and reservation, to provide services to the Customer via our website; to inform the
Customer of new features, services, special offers, and products (provided the Customer has
consented to receiving such marketing material); to enable us to process, validate and verify
reservations and requests for services and for the purposes for which the Customer specifically
provided the information; to improve your experience on our website.
Beseated shall be entitled to disclose personal information if required to do so (a) to comply with
applicable law or with legal process served on Beseated; (b) to protect and defend the rights or
property of Beseated, and (c) for the purposes of distributing same to various employees and/or
third parties who assist Beseated in providing services to the Customer and thus need to know your
personal information to render a proper and efficient service to you. We will ensure that all such
employees and/or third-party service providers having access to your personal information are
bound by appropriate and legally binding confidentiality and non-use obligations regarding your
personal information.
The Customer is aware that information and data are automatically collected through the standard
operation of Internet servers and through the use of “cookies”. “Cookies” are small text files a
website can use to recognize repeat users, facilitate the user’s ongoing access to and use of the
website, and allow a website to track usage behavior and compile aggregate data that will allow
content improvements and targeted advertising. Cookies are not programs that come onto your
system and damage files. Generally, cookies work by assigning a unique number to a customer that
has no meaning outside the assigning site. If a customer does not want information collected
through the use of cookies, there is a simple procedure in most browsers that allows the Customer
to deny or accept the cookie feature; however, the Customer should note that cookies may be
necessary to provide him with certain features (e.g., customized delivery of information) available on
our websites.
WHILST BESEATED IS OF INTENT TO TAKE REASONABLE MEASURES TO KEEP PERSONAL
INFORMATION ABOUT A CUSTOMER CONFIDENTIAL, IT SHALL HOWEVER NOT BE LIABLE FOR ANY
LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED AS A RESULT OF THE DISCLOSURE OF SUCH
INFORMATION.
Beseated will:
We will not retain your personal information longer than the period for which it was originally
needed unless we are required by law to do so, or the Customer consents to us retaining such
information for a longer period.
Permission for Hyperlinks, Deep Linking, Crawlers, and Metatags
Nobody may establish a hyperlink, frame, metatag, or similar reference, whether electronically or
otherwise (collectively referred to as linking), to this Website or any subsidiary pages before
receiving the prior written approval of an authorized representative of Beseated, which may be
withheld or granted subject to such conditions Beseated may specify from time to time.
Furthermore, this Website or any part hereof may not be "framed" or "deep linked" in any way
whatsoever. This Website may from time to time contain message boards that allow users to
comment on their experience at Beseated. At times those comments may contain references to
matters not related to Beseated. Those references do not necessarily represent the views of
Beseated.
Changes to these Terms and Conditions
Beseated reserves the right to update and/or amend the Terms and Conditions from time to time
and without any notice, and the Customer is accordingly encouraged to check the Website regularly.
Any such change will only apply to your use of this Website after the change is displayed on this
Website. If a customer uses this Website after such updated or amended Terms and Conditions have
been displayed on this Website, the Customer will be deemed to have accepted such updates or
amendments.
Termination
Beseated may, in its sole discretion, terminate, suspend, and modify this Website and/or your use of
this Website, with or without notice to you. The Customer agrees that Beseated will not be liable to
him in the event that it chooses to suspend, modify, or terminate this Website or your use of this
Website.
Governing Law
The Terms and Conditions shall be governed and interpreted in accordance with the laws of the
Republic of South Africa, and the application for any of the services offered on these pages or sites
will constitute your consent and submission to the jurisdiction of the South African courts regarding
all proceedings, transactions, applications, or the like instituted by either party against the other,
arising from any of the terms and conditions pertaining to such services.