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. The Seller makes every effort to fulfill orders within the expected timeframe; however, occasional fabric delays from suppliers may impact production timelines. In such cases, the Seller will notify the Buyer promptly and provide updates or alternative options where possible.

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

c. Left (LHS) / Right (RHS) orientation of the relevant 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. Please note that due to the nature of handcrafted furniture, minor variations in dimensions, colour, texture, or pattern placement may occur. These variations are inherent to the manufacturing process and will not be considered defects

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 & custom Products) is cancelled by the Buyer, the Buyer will only be refunded the deposit once the Product has been resold or sold from the Seller's showroom floor. The timeframe for this process may vary depending on demand, availability, and other factors. The Seller will make reasonable efforts to resell the cancelled product within 90 days. If resold, the deposit will be refunded to the Buyer, less a 15% handling fee to cover administrative and storage costs.

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 and approved by the Buyer. 

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.

k. The Buyer is solely responsible for ensuring that the purchased Product meets their specific requirements, including but not limited to, size, configuration, comfort, and colour. The Seller is not liable for any dissatisfaction arising from subjective preferences after delivery.

l. Once a made-to-order or custom Product has entered production, no changes to fabric, dimensions, or design specifications will be permitted. The Seller shall not be liable for dissatisfaction resulting from a Buyer’s change of preference.

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: The Seller accepts online payments via credit or debit card through the secure Yoco payment gateway. The Buyer can pay directly from their invoice using the integrated payment option or via the dedicated payment page, accessible through the link provided on the Buyer's invoice. Card payments are also accepted in-store. 

• Mobicred: Mobicred is a flexible revolving credit facility that allows you to shop online safely and conveniently. The Seller offers Mobicred as a payment option. If the Buyer wishes to pay using Mobicred, an additional link will be provided on the Buyer's invoice, directing to the Mobicred payment page hosted by PayFast. Please note that a Mobicred account is required to use this method, and the full invoice amount will be processed via Mobicred. Mobicred has maximum credit limits, so this method may not be suitable for high-balance orders.

• Lay-By: The Seller offers a lay-by option, allowing the Buyer to split the purchase into three equal instalments. The Buyer's order will be delivered upon completion of the final instalment, two months after the first payment.

• Electronic Funds Transfer (EFT): Payment via EFT is accepted. Banking details will be provided on the Buyer's invoice.

• Cash: Cash payments can be made in-store.

e. For made-to-order and custom Products, the 50% deposit is non-refundable unless the Product is resold (see Section 2, Clause g). This policy is in place due to the personalised nature of these orders.

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 may affect the delivery costs and should be disclosed to the Seller for accurate pricing.

c. Products can either be collected or delivered. The Buyer can collect their order directly from the Seller. Collection details, including the address and suitable pickup times, will be communicated to the Buyer on completion of the order. If delivery is not included on the Buyer's invoice, it will be assumed that they will be collecting the Products.

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

e. Local Delivery is available within approximately 200km of Cape Town by the Seller's trusted local courier.

f. Nationwide deliveries are managed by reliable third-party couriers to provide secure and timely transportation of the Products.

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. The 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.

j. If a Buyer fails to collect a ready Product within 14 days after being notified, the Seller reserves the right to charge a storage fee of R500 per week. If a Product remains uncollected for more than 30 days, the Seller may resell the Product. In such cases, Section 2, Clause g applies.

6.Fabrics 

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. Due to the handcrafted nature of the Products, minor variations in colour, texture, stitching, or dimensions may occur. Such variations do not constitute defects, and the Seller shall not be liable for dissatisfaction resulting from these natural differences.

e. 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, screen resolutions, texture variations and different dye batches. 

f. We have seven ranges of upholstery fabrics to choose from, which are priced accordingly and can be viewed in the Fabric Portfolio as well as in-store. 

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

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

i. The Kalahari fabric range includes FibreGuard fabrics. 

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

k. Collections included in the Kalahari fabric range: BOLT, IMPACT, COLOURWASH, PERFECTO, AMBIANT, KRONOS, MINGLE MANGLE, GIANT, DYNAMO, DELUXE & FIESTA

l. 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. In-stock Products: 

These are ready-made products available for immediate purchase directly from the Seller’s showroom floor.

• Products can be returned for a replacement or refund within 7 days of delivery, provided:

• The item is unused, in its original condition, free from damage, stains, or signs of wear.

• The item must be sufficiently covered and securely packed to prevent any transit-related damage during its return.

• Delivery charges are non-refundable, as they cover third-party costs.

• A 5% handling fee will be deducted from the refund amount to cover administrative and processing costs.

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

• The Buyer is responsible for all return shipping costs.

• Refunds will be processed within 14 business days of the returned product being received and inspected by the Seller.

The following items are not eligible for returns:

• Clearance or sale items.

• Products that have been used, damaged, or altered after delivery.

• Items that were properly delivered but refused by the Buyer without valid reason.

c. Custom-Made and Made-to-Order Products:

• Custom-made and made-to-order products are non-refundable and non-returnable due to their personalised nature.

• However, if there is a discrepancy between the final product and the agreed-upon design or specifications, the Seller will make every reasonable effort to rectify the issue and work with the Buyer to reach a satisfactory resolution.

d. Defective Products:

• If the Buyer receives a Product that is defective or has been damaged during transit, the Seller must be notified within 7 days of delivery.

• Depending on the extent of the defect, the Seller will repair, or replace the Product at their discretion. 

• A defective product refers to one that has a manufacturing flaw or does not function as intended. Defects caused by misuse, mishandling, or failure to follow care instructions will not be eligible for returns

• To process a claim, the Buyer must provide clear photos of the defect/damage along with the proof of purchase.

• Claims for defective or damaged products must include photographic evidence, a detailed description of the issue, and proof of purchase. Failure to provide these may result in the claim being denied.

• If a defective product is repaired or replaced, the replacement product will not be eligible for further returns or exchanges unless it exhibits new defects.

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. The Buyer must 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. Foam seating, fibre filling, webbing, springs and stitching is guaranteed for 3 years against manufacturing defects.

j. Our 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. CloudComfort™ 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. The Seller's 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, this 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. Force Majeure

a. The Seller shall not be liable for delays, non-performance, or failure to deliver due to events beyond reasonable control, including but not limited to acts of God, strikes, pandemics, supplier shortages, fabric discontinuations, civil disturbances, government-imposed restrictions, load shedding, or natural disasters.

b. In such cases, the Seller reserves the right to extend lead times, modify orders, or cancel orders with a full or partial refund at its discretion.

c. The Seller will make reasonable efforts to notify the Buyer of any delays due to force majeure.

10. 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.

11. Governing Law and Dispute Resolution

a. These Terms and Conditions comply with and are governed by the Consumer Protection Act No. 68 of 2008 and all applicable 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.

12. 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.

13. 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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