Terms & Conditions
These terms, updated 5 August 2024, set out the agreement of sale between you (the “Purchaser”), and K2020708419 (PTY) Ltd trading as Niewenhuis (the “Seller”).
CONTACT DETAILS
- K2020708419 (PTY) Ltd is a South African company with registration number: 2020/708419/07
- The business operates from Unit 20, Enterprise Park, Kuils River, Cape Town, South Africa and its website at www.niewenhuis.co.za
- All product, service or payment enquiries can be directed to 084 814 5333 or emailed to info@niewenhuis.co.za
Any complaints can be directed to 084 814 5333 or emailed to info@niewenhuis.co.za
PAYMENT
- Full payment of the purchase price will be required before products will be released to the Purchaser. This is inclusive of any additional charges relating to delivery.
- For payment on delivery/cash on delivery/eft on delivery or any payment option that involves payment on delivery, a valid proof of payment must be sent to info@niewenhuis.co.za and or captured by Niewenhuis staff before delivery personnel can release the furniture to the Purchaser.
- For EFT payments, the product will only be released to the Purchaser once the full purchase price plus any additional charges relating to delivery is reflected on the Seller’s bank statements. Until such time as payment has been made in full, the product(s) will remain the property of the Seller. In the event of non-payment or partial payments by the Seller, the product(s), which then remain property of the Seller, will be recollected in line with legal and local authority guidelines.
- Prices on the website and on marketing websites are subject to change without prior notification.
CUSTOM ORDERS
- The Purchaser will be provided with a quotation for all custom orders, being orders made to the Purchaser’s specifications.
- It is the Purchaser’s responsibility to verify that all information (measurements, materials, design etc) on the quotation is correct before an order is placed.
- For altered or custom-made products, a non-refundable deposit of 50% is required. The outstanding balance must be paid before delivery takes place.
*NOTE: Custom orders are made to the Purchaser’s unique specifications (colour, size, material, etc). At the soonest convenient time after the deposit is received, the sourcing of materials and production will begin and your order becomes binding. Therefore, custom orders cannot be cancelled, changed, returned or refunded at any time unless agreed to by the Seller. Should the Seller agree to alter a custom-made product, additional charges may apply. - Lead times for completion of custom orders wholly depends on the nature of the product, the availability of materials and performance of Niewenhuis’s supplier(s) and manufacturers and will be communicated to the Purchaser.
COLLECTIONS
- The Purchaser or agent collecting the product may be required to present a valid proof of payment in order for Seller to release the product(s). The holder of the original invoice or valid proof of payment shall be deemed to be the Purchaser or his/her duly authorized agent.
- Until proved otherwise, product(s) are deemed to have been received in good condition and, in relation to custom orders, in accordance with the Purchaser’s specifications.
- Seller will not in any way be liable for any loss or damage of any product once it has been handed to the Purchaser or his/her agent, including damage which occurs during the loading or transport thereof by the Purchaser or his/ her appointed agent.
- Seller will not provide any items (rope; blankets; protective wrapping) necessary to fasten or stabilize products during the transport thereof by the Purchaser or his/ her appointed agent.
- Purchasers who opt to collect a custom order must do so within 30 days of the order’s completion. If the collection is not made within this timeframe, the Seller reserves the right to cancel the order or charge storage fees at a rate of R100 per day per product in the order until the order is collected. The Purchaser agrees and accepts to settle all storage fees incurred before any products can be released to them/their collecting agent. In the event the Seller cancels the order due to non-collection, the Purchaser forfeits any payments made up to that point. The completion date of the custom order, communicated to the Purchaser, counts as the start date for calculations set out in this point.
DELIVERY
- A fee is charged for all deliveries and shall be included in the purchase price at the time of placing your order.
- Deliveries take place Monday to Saturday only and delivery times may be subject to change depending on the availability of delivery vehicles and drivers and any other circumstances unforeseen by the Seller.
- Reasonable attempts are made for online purchases to be delivered within 30 business days to any address in Western Cape.
- The Seller reserves the right to cancel any order that requires delivery. The customer will be notified by email, telephone or text of the cancellation and the reason therefor.
- While attempts are made to adhere to projected lead times, the Purchaser indemnifies the Seller from any harm, damages or loss suffered as a result of delivery or installation being delayed. Reasonable delays experienced in the sourcing, import, manufacture, repair or delivery of products will not be grounds for cancelling an order.
- You will be given prior notice by email, telephone or text of the delivery in order to finalize delivery times and location or regarding any changes in delivery time.
- Our delivery personnel have been instructed not to attempt delivery where doing so may lead to the damage of any product(s), including hoisting the product(s) over balconies.
- The Purchaser is responsible for the placement of the product(s) inside the premises and advised to, prior to delivery, clear any items that may be damaged during the delivery process. The Seller and delivery personnel cannot be held responsible for products that do not easily fit through doorways or hallways. No refunds or exchanges will be allowed on products damaged after delivery to the delivery address provided. The Purchaser or third party taking delivery may be required to sign a proof of delivery. Unless otherwise indicated on a proof of delivery, the product(s) shall be deemed to have been delivered to the correct address and received in good condition to the satisfaction of the Purchaser.
The Purchaser shall be charged for any additional delivery costs due to the failure of the Purchaser to take delivery of the goods on the agreed upon day as outlined above. - The Purchaser shall be charged storage fees for any delivery of a Custom Order delayed by the Purchaser, for longer than one week (7 days) after the agreed upon delivery time as outlined above. Storage fees are calculated at R100 per day per product in the order. The Purchaser agrees and accepts to settle all storage fees incurred before any products can be released to them/their collecting agent.
RETURNS
- Please note that we do not accept returns or exchanges on damaged marked-down products or on affixed or altered goods, disassembled goods, custom orders or permanent installations that reasonably conform to material specifications.
- By accepting delivery, the Purchaser is expressly informed of the specific condition in which a Product is delivered and is expressly agreeing to accept the Product(s) in that condition. As such, section 56 of the Consumer Protection Act (No. 68 of 2008), which deals with the return of products within 6 months of delivery, does not apply.
- Delivered products that for health reasons are unsafe to return or have been partially or entirely disassembled, altered, permanently installed, affixed, attached, joined or added to, blended or combined with, or embedded to or within other goods or the Purchaser’s property, cannot be returned.
- Products purchased in response to direct marketing can be returned within 7 days of receipt for a full refund of the purchase price. Transport and other costs relating to such deliveries and return will be at the Purchaser’s expense.
- Products that cannot be viewed prior to delivery and do not reasonably conform to the type, quality or custom specifications of such products can be refused delivery giving the Supplier a reasonable opportunity to correct the alleged defect.
- Products that do not fulfil a specific purpose which the Purchaser and Seller agreed as a condition of the order, may be returned within 7 days of receipt giving the Supplier a reasonable opportunity to correct the alleged defect.
- In the event that defects mentioned in points 5 and 6 cannot be rectified to the customers satisfaction, the customer is eligible to a refund.
- Pre-made products purchased online from the Seller may be returned for a full refund within 7 days of receipt, without reason or penalty. In these circumstances, the Seller will refund all charges incurred by the Purchaser excluding costs (such as transport costs) related to returning the products.
- All products must be returned in the same or similar condition in which they were received in order to obtain a refund.
- Unless the parties agree otherwise, all returns must be made to the Seller’s address from which it operates – Unit 20, Enterprise Park, Kuils River, Cape Town, South Africa. Unless the parties agree otherwise, the Purchaser is responsible for any transport costs relating to the return of any purchased item to the aforementioned address for the processing of a product return.
- The Purchaser or this/her appointed agent must present the original invoice or valid proof of payment(s) as proof of purchase for all returns.
- Refunds will be made within 14 days of approval. Refunds made in respect of direct marketing sales will be made within 14 days of receiving notice of rescission if no products have been delivered or alternatively within 14 days of receiving the returned products from the Purchaser.