1. Introduction​​

​a. These terms and conditions govern the sale of sofas and related products ("Products") by Umabix (PTY) LTD trading as Sofas Inc® ("Seller"), a company registered in South Africa (2017/037695/07), to customers ("Buyer").

b. By placing an order with the Seller, the Buyer agrees to be bound by these terms and conditions.

   2. Orders

a. All orders are subject to acceptance by the Seller and availability of the Products, which includes but is not limited to fabric availability and material availability. Unforeseen circumstances, such as delayed shipments or discontinuation of specific textiles by suppliers, may impact the availability of certain Products in particular fabrics. In such cases, the Seller reserves the right to accept, reject, or cancel orders based on Product availability. Efforts will be made to promptly inform the Buyer if a Product becomes unavailable or if there are any delays in fulfilling the order.

b. All orders remain the property of the Seller until payment has been received and invoice balances are settled in full.

c. LHS/RHS configuration of the Products must be checked by the Buyer on the product page. The Seller will not be liable if the configuration is not as expected.

d. Dimensions must be checked by the Buyer on the product page. The Seller will not be liable if dimensions are not as expected.

e. The dimensions provided are approximate and may vary slightly due to the following reasons (including but not limited to) pre-upholstery covering, section splits, and other influencing factors. 

f. For made-to-order products, the lead time specified on the invoice is approximate and represents the best estimate provided by the Seller based on current production output and order volume. However, lead times are subject to change due to unforeseen circumstances. The Seller will make every reasonable effort to inform the Buyer promptly of any changes to the expected lead time.

g. If an order (made-to-order Products) is cancelled by the Buyer, the Buyer will only be refunded the deposit once the Product has been sold by the Seller off the showroom floor.

h. For custom-made products, a design will be sent by the Seller to the Buyer along with the quote. It is expected that the Buyer signs and returns the design document prior to placing the order and accepting the quote. If the Buyer does not return the signed document but accepts the quote, the Seller will proceed with the order as if the document has been signed.

i. All custom Products are designed and manufactured in accordance with the Seller's design and manufacturing standards, which encompass all upholstery methods and design specifications.

j. The Seller reserves the right to refuse or cancel any order at any time for any reason.

3. Prices

a. Prices for Products are as stated on the Seller's website or in-store at the time of ordering or purchasing and are inclusive of VAT. 

b. The Seller reserves the right to change prices at any time without prior notice.

c. Any promotional offers or discounts are subject to availability and may be withdrawn by the Seller at any time. Additionally, these promotions are subject to the specified promotional period as stated by the Seller.

4. Payment

a. A 50% deposit is required by the Buyer (50% of invoice total), with the full balance due prior to delivery or collection of the product. Products will not be dispatched by the Seller until invoice balances are settled.

b. An order is only processed from the date of deposit.

c. The Seller will only acknowledge receipt of payment once the payment has been verified, failing to be verified, the Seller will only acknowledge receipt of payment once the funds reflect in the bank account of the Seller.

d. The Seller accepts payment via the following methods:

• Card Payments: Online payments can be made using a credit/debit card through the Yoco secured payment gateway. Direct payments can be made from the Buyer's invoice. Additionally, a link will be provided on your invoice that will take you to the Yoco payment page. Card payments can also be made in-store. Refer to Yoco to see additional payment methods accepted on their platform. 

• Mobicred: Mobicred is a simple and convenient revolving credit facility that allows you to safely shop online. We offer Mobicred as a payment option through PayFast. If you would like to purchase a product using Mobicred, we will generate an additional link on your invoice that will take you to the Mobicred payment page. You must have a Mobicred account to pay using this method. Please be advised that the full invoice balance will be processed through Mobicred.

• Lay-Bye: Orders can be purchased on lay-by through three equal instalments (1 month apart). You will receive your order on the final instalment date (2 months from the first instalment date).

• EFT

• Cash

5. Delivery and Collection 

a. Delivery costs are exclusive of listed Product prices and are calculated based on size of order as well as delivery distance.

b. Access details must be communicated to the Seller prior to delivery. Factors such as climbing multiple flights of stairs will affect the delivery costs and should be disclosed to the Seller for accurate pricing.

c. Products can either be collected or delivered. If delivery is not included on the Buyer's invoice, it will be assumed that they will be collecting the items.

d. Delivery of Products will be arranged by the Seller to the Buyer's specified address.

e. Delivery is available within approximately 200km of Cape Town by our dedicated delivery team.

f. Nationwide delivery can be arranged; however, please note that costs will be relatively high due to logistical considerations. Outside logistics providers will be utilised for deliveries beyond our standard operating range.

g. While we strive to ensure smooth delivery experiences, the responsibility for assessing and ensuring that products fit into premises lies with the Buyer. The Seller cannot be held liable for any issues arising from products not fitting into designated spaces. Our delivery team will make every reasonable effort to assist, but they are not responsible for altering or modifying products or premises to accommodate them.

h. Delivery times communicated to the Buyer are estimates and may vary depending on factors beyond the Seller's control, including but not limited to, transportation delays, and weather conditions.

i. The risk of loss or damage to Products passes to the Buyer upon delivery or upon collection by the Buyer.

6.Fabrics s

a. The display images for Products are representative of the finished product. The fabric used on the display items is inclusive of the fabric that is available in the Fabric Portfolio as well as limited edition fabrics that are not part of a continuous supply.

b. Display images used are to portray the design of the Products as well as the upholstery methods used. Exact fabric and fabric range used on the display images is stated under the 'Fabric' section on the product page. Be advised that the price of the design varies based on fabric range chosen. The price for each fabric range is stated on the product page.

c. There are more fabric options available in-store, as not every textile is listed in the Fabric Portfolio. 

d. Every effort is made to ensure that fabrics represented in the Fabric Portfolio will be identical to what is received, although slight variations may be apparent in person due to the following reasons (including but limited to) light variations, texture variations and different dye batches. 

e. We have six ranges of upholstery fabrics to choose from, which are priced accordingly and can be viewed in the Fabric Portfolio as well as in-store. Nearly all of our textiles have a Martindale rub count score that is considered commercial grade ( 30 000 or more). This means that these textiles are suitable for use on heavy duty furniture and in commercial environments.

f. Some fabric collections in-store that have not been listed and are not included in any fabric range, are subject to individual quotation.

g. The FibreGuard & Carefree fabric range includes FibreGuard fabrics as well as Hertex carefree fabrics.

h. The Kalahari fabric range includes FibreGuard fabrics. 

i. Collections included in the FibreGuard & Carefree fabric range: PROPOSITION, FELLOW & PEAK (FIBREGUARD) - CITYSCAPE (HERTEX)

j. Collections included in the Kalahari fabric range: BOLT, IMPACT, COLOURWASH, PERFECTO, AMBIANT, KRONOS, TRAILBLAZER, ZENA, DYNAMO, DELUXE & FIESTA

k. Products are wrapped prior to delivery or collection, and this is to protect them during transportation. The Seller is not liable for damage to upholstery fabric that is caused by leaving the Products wrapped for extended periods of time by the Buyer. 

7. Refunds and Returns

a. The Seller accepts returns of Products within 7 days of delivery or collection, subject to the Seller's returns policy and in accordance with the Consumer Protection Act.​

b. Products will be replaced or a full refund will be given, as long as the Product has not been used and in it's original condition. This relates to Products that have been purchased directly off the Seller's showroom floor (in-stock items). The full refund will include a deduction of a 5% handling fee.

c. Delivery and shipping costs to return the Products will not be refunded and are the responsibility of the Buyer. 

d. All items must be returned by the Buyer to the Seller prior to a refund being processed.

e. Custom-made Products, specifically designed and built for the Buyer by the Seller, are non-refundable and non-exchangeable. This includes all made-to-order products crafted specifically for the Buyer. However, in the event that the requirements and specifications are not met to the Buyer's satisfaction, the Seller will make every reasonable effort to rectify the issue.

8. Guarantee

a. The Seller's liability under the guarantee is limited to repairing or, at the Seller's sole discretion, replacing defective Products.

b. Proof of purchase is required for any guarantee claim. The invoice number must be supplied along with a copy of an ID to verify that the claimant is the original purchaser of the Products.

c. In the event of a guarantee claim, the seller reserves the right to designate an authorized individual to evaluate the extent of damage or defective parts requiring replacement or repair.

d. In the event of a guarantee claim, the seller must be contacted through a valid contact route to initiate the claim process. This includes the Seller's email address or phone number as listed on the website.

e. The guarantee covers manufacturing defects in materials and workmanship that occur during normal use of the Products. It does not extend to:

*Damage caused by accidents, misuse, abuse, neglect, or improper care. 

*Normal wear and tear, including pilling on fabrics, minor foam compression, and slight fabric fading.

*Damage caused by exposure to extreme temperatures, humidity, or direct sunlight (unless the Buyers fabric has a UV-resistance warranty (only specific fabric collections come with a UV warranty, including UV Pro & Tempotest fabrics).

*Alterations or modifications made to the Product by the Buyer or a third party.

f. In the event of a guarantee claim, the Buyer is responsible for covering all delivery and shipping costs associated with returning Product's to the Seller's workshop for inspection and repair. The Seller may offer discounted shipping options at their discretion. 

g. The framework of the sofas is guaranteed for 20 years against structural failure due to manufacturing defects.

h. Please refrain from standing or jumping on the sofa's arms, as they are not intended to support such pressure. Damage resulting from misuse, including arm breakage due to standing or jumping, is not covered under this guarantee. The Buyer is advised to use the sofa responsibly to ensure its longevity and proper functionality

i. Internal foam, fibre filling, webbing, springs and stitching is guaranteed for 3 years against manufacturing defects.

j. Our internal foam seating is guaranteed against foam collapse (measurable by a loss of height exceeding 25% of original thickness or visible craters) for a period of 3 years. Foam collapse is characterised by rapid deterioration due to manufacturing flaws, resulting in significant deformations, sagging, or loss of support (resulting in noticeable changes in the appearance, comfort, and functionality of the Product). However, normal settling, a natural process of minor compression over time due to regular use, is expected and not covered under this guarantee.

k. CoudComfort™ inner filling is guaranteed for 3 years against manufacturing defects.

l. Fabrics are guaranteed against inherent defects (e.g. structural weaknesses (seam slippage, tearing), weaving flaws (slubs, broken threads, holes), or unusual changes (significant colour loss beyond normal light exposure expectations) for 2 years. 

m. Our fabrics are guaranteed for inherent fabric defects; however, it's important to note that pilling, the formation of small, tangled balls on the fabric's surface, is a natural occurrence resulting from wear and tear. Pilling can be influenced by a variety of factors such as, including but not limited to, friction from regular use, material composition of the specific fabric ordered by the Buyer and washing. Therefore, our guarantee does not cover issues related to pilling. Pilling can be reduced and even removed with the use of a pilling machine.

n. Fabrics are not guaranteed against UV damage, unless specifically stated that the Buyer's fabric choice has a warranty against fading from UV damage.

9. Limitation of Liability 

a. To the fullest extent permitted by law, the Seller shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the sale or use of the Products.

b. The total liability of the Seller shall not exceed the purchase price paid by the Buyer for the Products.

10. Governing Law and Dispute Resolution

a. These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa.

b. Any disputes arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.

11. Severability 

a. If any provision of these terms and conditions is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12. Entire Agreement 

a. These terms and conditions constitute the entire agreement between the Buyer and the Seller regarding the sale of the Products and supersede all prior agreements and understandings, whether written or oral.

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