Warranty Terms and Conditions
1. INTERPRETATIONS AND DEFINITIONS
1.1 “Agreement” – means these sales terms and conditions, including the Schedule and all written notices that the supplier has given to the consumer;
1.2 “Supplier” – means Lamocode Exquisite (PTY) LTD a registered Company with the Companies and Intellectual Property Commission
1.3 “Customer” – “consumer”/”you”/”your” means the person who has agreed to enter into this Agreement ;
1.4 “Day” – means any business day other than Saturday, Sunday and gazetted national holiday in the Republic of South Africa.
1.5 “Furniture / goods”– means couches, stands, coffee tables, ottoman, lamb tables, décor and any other product that may generally be understood to fall into the category and is being sold by Lamocode Exquisite PTY LTD
1.6 “VAT” means value-added tax chargeable under the Value-Added Tax Act 89 of 1991;
2.1 A customer is required to make minimum deposit of 50% of the total of the purchase price.
(We only place an order for the client once 50% or more has been paid)
2.2 A customer will have to make regular payments within the 90 day period as part of the Layby payment plan.
2.3 Payments can be made in store wherein the proof of payment would be furnished to you and payments can be made through EFT in to the supplier’s bank account.
2.4 Upon final payment of the purchase price, the customer would be entitled to the collection of the goods and or delivery of the said goods subject to delivery costs.
2.5 If, at any time before the full purchase price of the goods is paid by the customer, the VAT rate is changed in relation to the supply of the goods, Supplier will be entitled to recover the VAT increase from you prior to delivery of the goods.
2.6 Cancellation by Supplier: If payment of an instalment is not received by the due date or the goods become unavailable due to circumstances beyond Supplier’s control, Supplier may cancel the Layby. Following cancellation, Supplier will refund the payments received, less the non-refundable service fee. If the order is cancelled due to the instalments not being completed within the 90 days a 1% penalty will be deducted from the refund. Refunds less the service charge and penalty will be paid within 30 days after the customers banking details have been given to Supplier.
2.7 Cancellation by customer: Should you terminate the Agreement before paying the full purchase price, or fail to complete the payment for the goods within 90 (ninety) business days after the final payment due date, we may charge a termination penalty of 1% of the full purchase price of the goods. At your request, we will provide you with written details on how the penalty was calculated. We will not charge a termination penalty if sufficient proof is made available to us that your failure to complete payment was due to death or your hospitalization.
2.8 Customized items are strictly non-refundable as they cannot be resold once purchased. Special Orders are also not refundable.
2.9 Refunds less the service charge and penalty will be paid within 30 days after the customers banking details have been given to Supplier.
3.1 The Consumer is required to pay a deposit of at least 65% of the purchase price prior to the Supplier placing the order for the requested product/goods.
3.2 The Consumer will make payment of the remainder of the purchase price upon delivery/collection of the goods.
3.3 The deliveries are made Mondays to Fridays 09h00 – 16h00 and Saturdays 09h00 – 13h00, the duration of our delivery is between 6 – 8 weeks.
3.4 Should the consumer cancel the order prior to delivery/collection of the goods and final payment of the purchase price, the Supplier shall retain the 50% of the 65% deposit paid.
4.1 Subject to these terms, all goods carry an implied warranty in accordance with the Consumer Protection Act 68 of 2008 (CPA) which gives the consumer the right to return the unsafe and defective goods in terms of section 20 read together with section 56 of the CPA.
4.2 Our goods also carry a manufacturers’ warranty where applicable, which will run concurrently with any warranty in terms of the law.
4.3 The implied warranty on goods supplied places an obligation on Lamocode Exquisite (PTY) LTD to accept the return of unsafe or defective goods within six months of delivery, in the event of the goods not complying with requirements and standards contemplated in section 55 of the CPA.
4.4 Furthermore, the consumer has a right to return goods to Lamocode Exquisite (PTY) LTD if:
a) A consumer finds within 10 days that the goods are unsuitable for a particular purpose for which the consumer has expressed intention to use the goods as contemplated in s55(3);
b) The consumer did not have a chance to examine the goods and rejected delivery of the goods for any reasons contemplated in section 19(5); and
c) The consumer has refused delivery of any of those goods, because they were mixed with items that were not ordered, as contemplated in section 19(8).
4.5 Under no circumstances will we accept returned goods where the consumer has been afforded the opportunity to inspect the goods prior to the purchase and subsequently changed his/her mind about the goods, the goods have been damaged due to the consumer’s negligence, the goods have been disassembled, permanently installed, physically altered, used or installed contrary to our manufacturer’s instructions and/or have been subjected to misuse or abuse.
4.6 We will consider and deal with all other returns in terms of applicable law, the manufacturer’s warranty or terms of the extended warranty. All refunds are less any charges permissible in terms of the law. If you are entitled in law to return goods to us for any reason, the law in certain instances allows us to charge you for the use of the goods and to get the goods fit for restocking. As a valued customer, we shall at all times endeavour to provide you with the best customer service and ensure that all your rights in terms of the Consumer Protection Act are protected.
4.7 Lamocode Exquisite PTY LTD’s products are intended for household/domestic use only and for purpose for which they were manufactured for. Should a client require warranty service, such requests must be made to Lamocode Exquisite PTY LTD (email address/ contact number). Lamocode Exquisite PTY LTD must be furnished with the original proof of purchase and the said warranty claim will be subject to assessment.
5. RETURN POLICY
5.1 Should a customer not be satisfied with any product received within SEVEEN (7) days from date of receipt Lamocode Exquisite PTY LTD endeavours to repair or replace the item in question. If Lamocode Exquisite PTY LTD is unable to repair or replace the item within a reasonable time, a full refund of all monies paid will be made. All these aforementioned conditions are subject to goods that are; Still in good condition for resale, no signs of being used and still capable of being used for the intended purpose.
6.1 Lamocode Exquisite PTY LTD, delivers free of charge to all areas in Gauteng Province and any deliveries outside Gauteng Province, will be at the client’s costs.
6.2 The deliveries are made Mondays to Fridays 09h00 – 16h00 and Saturdays 09h00 – 13h00. For all the goods that are in stock, the duration of our delivery is 1- 5 working days from the day on which payment has been cleared by the relevant bank.
6.3 Lamocode Exquisite PTY LTD makes every effort at all times to achieve the date of delivery, however, it does happen from time to time that delays are encountered that are often outside of our control. Lamocode Exquisite PTY LTD will make every effort to expedite delayed lead times and will make every effort to ensure that the customer is updated on the progress of the order.
6.4 Payments made by EFT (Electronic funds Transfer) require a 48 hour period to clear funds and allocate them to the orders.
6.5 Lamocode Exquisite (Pty) Ltd retains ownership of the goods until payment has been received in full. Payment of the full value of the order is required before Lamocode Exquisite (Pty) Ltd will delivery and or before we can authorize collection.
7. DEFECT DISCOVERED AFTER TEN (10) DAYS OF RECEIPT OF THE GOODS
7.1 Lamocode Exquisite PTY LTD warrantee policy is valid for 24 months from the date of purchase. Under this period, we undertake to repair/replace all the goods that are damaged due to; poor quality, manufacturing defects or poor workmanship. Please note that we provide no other warranty except as provided herein.
7.2 Lamocode Exquisite PTY LTD indemnifies itself of any responsibility for goods that are damaged due to; incidental, damage, consequential damage, customer negligence, physically altered, disassembled or used for purposes other than the intended purpose.
7.3 All goods sold online by Lamocode Exquisite are new and will be sold as they are. It is the responsibility of the client to visit our showroom for quality check before purchasing.
8. EXCLUSIONS AND EXCEPTIONS
8.1 Damage resulting from improper use or abuse ;
8.2 Wrinkling or natural markings variations in grain, or colour;
8.3 Any visible cuts or cracking of the leather or fabric;
8.4 Sale items are sold voetstoets and cannot be exchanged or returned.
8.5 The product has been used for commercial, contract, rental, or other non-domestic or office use as recommended;
8.6 Damage caused by burns, animals, or other forms of abuse;
8.7 Damage due to improper cleaning abuse and negligence;
8.8 Damage due to the application of chemicals, cleaners or conditioners contrary to recommended products;
8.9 Damage by materials such as acids or solvents, or dyes, inks, paints, human or animal bodily fluids;
8.10 Damage incurred during the handling and transportation of the product by the client;
8.11 Furniture previously repaired by service providers not endorsed/recommended by Lamocode Exquisite PTY LTD;
8.12 This warrantee is void if the product is sold to another users other than the original purchaser of the product;
8.13 All return of goods shall be subject to these terms and conditions. Returns not covered under these warrantee terms and conditions will not be allowed.