Terms and Conditions

Alifurn Outdoor Furniture (Pty) Ltd (“the supplier”) and the customer hereby confirm that they agree to transact subject to the following terms and conditions:

1. The Supplier reserves the right to update and amend these Terms and Conditions at its sole discretion; the onus being on the customer to read the Terms and Conditions prior to each and every transaction in order to satisfy itself as to the rights and obligations of the Customer and Supplier for each transaction.
2. The customer acknowledges that despite delivery and /or installation, ownership in the goods shall not pass until the goods are paid for in full.
3. Notwithstanding the aforegoing, risk in the goods shall pass to the customer upon receipt of delivery/ completion of installation / repair.
4. Save for online orders, which are paid for in full upon order, the customer shall pay for goods supplied / services rendered on the following basis:
   1. 50 % upon acceptance of quotation
   2. Balance payable at least two (2) business days prior to delivery and /or installation; In respect of pre-authorisation of repairs:
      1. Where estimates are provided for repair work, any additional work which may become necessary once repairs commence, such additional repairs will not be undertaken without the customers prior consent;
      2. Repairs for which payment is to be made will only be undertaken once a signed quotation is received from the customer as well as 50% of the amount quoted by the supplier;
      3. The supplier will not be held liable for latent defects on items not manufactured by us.
5. The supplier shall have the right to delay or indefinitely suspend deliveries or installation services in the event that any amount due by the customer remains unpaid.
6. In respect of delivery / courier services: In the event that we attend to arrange for delivery of the goods, risk in the goods shall remain with the supplier until such time as delivery has been effected. Signature on the delivery note or third-party weigh bill shall be deemed to evidence effective delivery of the goods in good order. In the event that the customer arranges its own courier services to collect goods, the courier shall be deemed to be an authorised agent of the customer and delivery shall be deemed effective upon collection of the goods by the courier, risk in the goods shall pass to the customer upon collection by the courier.
7. In regard to any delivery – at the time of quotation, should delivery services be required, the customer shall specify the address at which delivery is to take place. Should the address for delivery or installation change, the supplier reserves the right to amend the delivery quotation accordingly. Delivery / installation will only be undertaken upon payment of the costs occasioned by the delivery to the actual place where the goods are to be delivered or installed.
8. In respect of accessibility of premises for delivery – Deliveries / installations are undertaken subject to guarantee of access by the customer. The supplier will not be responsible for removal of doors, security gates, dismantling or moving of furniture. Should goods not be capable of delivery due to a lack of accessibility, the goods will be either be left at the customers address for delivery or installation, or solely in the discretion of the supplier, returned to the supplier for which the customer will be liable for:
   1. In the event that goods are returned to us, a repeat delivery fee will be charged the return delivery cost;
   2. Storage costs until such time as the customer has collected the goods.
9. Having regard to paragraph 9 above, the customer accepts and acknowledges that the customer is aware of the dimensions of the goods sold to the customer and that the customer will make such necessary arrangements for the successful delivery / installation of the goods. To this end, the supplier confirms that the dimensions of the items are available on its website, www.alifurn.co.za
10. Having regard to paragraphs 9 and 10 above, the supplier reminds customer of possible additional delivery considerations to take into consideration regarding delivery / ie thannstallation:
    1. Pets, domestic workers, alarm systems, steps, corridor widths, security notification;
    2. Complex rules regarding delivery times and vehicle restrictions;
    3. Space to be cleared of all furniture, ornaments and items that can be damaged by placing furniture;
11. The supplier shall act in accordance with its obligations as ascribed in the Consumer Protection Act. The supplier shall not be held liable for any damages, harm, loss or consequential damage whatsoever arising out of misuse or abuse by the customer, wear and tear and failure by the customer to follow usage and / or storage instructions or failure to have goods installed by a qualified installer.
12. In the event that goods purchased are subject to a manufacturer warranty and in the event that goods become defective within the period of the manufacturer’s warranty then the manufacturers terms and conditions of warranty shall be applicable and the supplier reserves the right to refer the goods to the manufacturer or authorized agent for technical assessment whereby the manufacturer shall determine whether goods have become defective due to a manufacturer defect or whether they have become defective due to misuse or abuse by the customer or whether due to failure to follow installation, operational, service or maintenance instructions.
13. The customer shall bring any alleged defects to the immediate attention of the supplier and prior to any technical assessment being undertaken, the supplier shall be entitled to call for clear and detailed photographs /video of the said defect.
14. Any warranty whether express /implied or in terms of the Consumer Protection Act will be considered having regard to the nature and extent of the use of the goods.
15. If in the exercise of its discretion, the supplier agrees to accept the return of any non-defective, correctly supplied goods for credit, then the customer shall be liable to pay the supplier’s handling charge of 10% (ten percent) on the invoiced price of the goods returned.
16. The supplier acknowledges that in accordance with Section 17 of the Consumer Protection Act, the customer shall retain the right to cancel an order prior to delivery or installation, and that the supplier shall retain the right to levy a reasonable cancellation charge. The nature and extent of the cancellation charge levied by the supplier shall take into consideration nature of the goods ordered and the extent to which the order has been sourced, manufactured, materials purchased and the like; the length of notice of cancellation by the customer, the reasonable potential for the supplier, acting diligently, to find an alternative consumer between the time of receiving the cancellation notice and the reserved date to purchase the said goods or any part thereof.
17. All of our products are “special order goods” and in the event of cancellation, the supplier shall retain the right to hold the customer accountable for the full transaction price.
18. It is the customer’s responsibility to give clear and unequivocal instructions and specifications and the supplier shall not be held liable for any claim or damages where the customer has failed to give clear instructions or furnished incorrect specifications. Signature of a quotation shall be deemed sufficient evidence of the specifications as given by the customer and to which the customer will be bound. Any amendments to any specifications must be (a) given in writing to the supplier and (b) prior to manufacture of any order;
19. These terms and conditions and all modifications and amendments hereof shall be governed by the Laws of the Republic of South Africa.
20. The customer shall pay all legal costs on the scale as between attorney and own client including tracing fees and collection charges which the supplier may incur in taking any steps pursuant to a breach of any of the terms of this agreement by the customer.
21. A certificate issued an signed by any director or manager of the supplier, whose authority need not be proved, in respect of any indebtedness of the customer to the supplier or in respect of any fact including but not limited to the generality of the aforegoing, the fact that such goods were sold and delivered, shall be evidence of the customer’s indebtedness to the supplier unless proven otherwise.
22. In the event of the customer being a juristic person, the director/member/trustee as the case may be, contracting on behalf of the customer warrants their authority to do so and by affixing their signature thereto agrees to be bound as surety and co-debtor of the customer and accepts liability for the customer’s obligations in terms of this agreement.
23. This constitutes the full agreement between the customer and the supplier and no variations thereto shall be valid unless reduced to writing and signed by both the customer and the supplier.
24. The supplier shall have no liability to accept the return, exchange or alteration of any goods in the event that the customer misapprehends:
    1. The size, shape or dimensions of the goods sold;
    2. The look, feel or likeness to other furniture or the aesthetic appeal of the goods once the goods have been manufactured and/or delivered and /or installed.
25. The customer understands that the supplier uses various shorthand references for its items and as such, the onus is on the customer to confirm that the order signed by it, bearing the shorthand references of the supplier are in accordance with the items which the customer intends to purchase.

Registration

You will need to register with ALIFURN to place an order for products through this website.

In return for permitting you to use any of the ALIFURN websites and benefiting from our services, you agree that any information you provide to us about yourself at any time will be true, accurate, current and complete and that you will ensure that this information is kept accurate and up to date. If incorrect information is supplied, any contractual obligation ALIFURN has is immediately null and void.

Conditions Of Registration

If you are under 18, you must ask your parents or guardians before you:

1. Email ALIFURN or post a website comment;
2. Request ALIFURN e-mail anything to you;
3. Send in any information to ALIFURN;
4. Purchase anything online;

By continuing to use this website and any of the services offered, you are confirming that you have received the consent of a parent or legal guardian. PLEASE NOTE that all minors are recommended to discuss these terms and conditions with their parents before they complete the registration process.

Copyright

You acknowledge and agree that all content included on this website including, but not limited to, website design, text, graphics, audio clips, visual clips, logos, button icons and the selection and arrangement thereof shall remain at all times vested in ALIFURN or its content suppliers and is protected by SA and international copyright laws. You are permitted to use this material only as expressly authorised by the applicable rights holder. Subject to the foregoing, the page headers, custom graphics and button icons are (unless indicated otherwise) service marks, trademarks, and/or trade graphics of ALIFURN.

All software used on this website is the property of ALIFURN and is protected by South African and international copyright laws. ALL RIGHTS ARE RESERVED. Permission is granted to electronically copy and to print in hard copy portions of this website for the purposes of placing an order with ALIFURN and using this website as a shopping resource ONLY. Any other use of materials on this website, including but not limited to, reproduction for purposes other than those noted above, modification, distribution, transmission, broadcasting, republication, downloading or uploading without the prior written permission of ALIFURN is strictly prohibited.

Trademarks

You acknowledge and agree that trademarks included on this website shall remain at all times vested in, ALIFURN or any third party licensing use thereof to ALIFURN (as applicable). You further undertake not to use any such trademarks without the prior written consent of ALIFURN, ALIFURN Trademarks or Third Party Trademarks without the prior written consent of ALIFURN or such third parties as own the applicable trade mark. The ALIFURN logo is an official trademark of ALIFURN.

Ameding The Terms And Conditions Of Use

ALIFURN reserves the right to add to, amend, change or remove any part of these Terms and Conditions at any time. By continuing to use this website after the publication of any amended terms, you confirm your acceptance of those changes. ALIFURN may add, change, discontinue, remove or suspend any other content displayed on this website, including features and specifications of products and services described or depicted on the website, temporarily or permanently, at any time, without notice and without liability.

Privacy

ALIFURN treats customer privacy extremely seriously. Our Privacy Policy provides details about the type of information we may collect from you and details of how we may use this information. You are asked to read our Privacy Policy, which forms a part of these Terms and Conditions and sets out the way in which your personal data is handled by ALIFURN, which shall be in accordance with the Protection of Personal Information Act (“POPIA”).

Site Usage

You agree that you will only use our website in a way which is consistent with the Terms and Conditions and which complies with applicable laws and regulations. In particular you agree that you will not use this website to upload or send any material which contains software viruses or other codes, files or programmes designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt this website. You acknowledge that this website and any goods that you obtain from our website are provided for your personal use only and may not be used for any commercial purposes or distributed commercially without our permission.

Purchasing Goods

Our FAQ section tells you how to order and pay for products. It also addresses any questions you might have about delivery of your products, return faulty products to us and our quality assurance.

ALIFURN reserves the right to decline orders for bulk or high value purchases and to change price and availability information without notice.

Please be aware that upon confirmation of the order, you will make full payment for the goods ordered.

Prices include vat and courier to S.A. (major cities). If your delivery address is outside of a major city within South Africa, your order will not be confirmed. We will obtain a quotation for delivery to your specified address which we will communicate to you and upon acceptance of the courier quotation, payment in full must be made before confirmation of your order is given.

Product Orders

All orders placed through the Website are subject to ALIFURN’S acceptance. This means that ALIFURN may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, ALIFURN will issue you a refund.

Multi-Buy Promotions

Please note that any promotions/offers on the website cannot be used in conjunction with any other discounts.

Availability

ALIFURN will endeavour to display availability as accurately as possible.

If we are unable to supply the goods requested we will aim to assist you in finding a suitable alternative upon which you are happy with, however ALIFURN will not be bound to offer alternatives to a greater value than the item originally chosen, and a difference may be required to be paid.

If you do not wish for an alternative product we will cancel the order and any pending transaction promptly, please be aware that funds may take several days to reallocate in your account.

Cancellation

Any cancellation of an order must be done in accordance with the provisions of the Consumer Protection Act.. As such, in accordance with Section 17 of the Consumer Protection Act, you shall retain the right to cancel an order prior to delivery or installation, however ALIFURN shall retain the right to levy a reasonable cancellation charge. The nature and extent of the cancellation charge levied by ALIFURN shall take into consideration the nature of the goods ordered and the extent to which the order has been sourced, manufactured, materials purchased and the like; the length of notice of cancellation by you, the reasonable potential for ALIFURN, acting diligently, to find an alternative consumer between the time of receiving the cancellation notice and the reserved date to purchase the said goods or any part thereof.

We regret that we are unable to cancel “made to order” items if the manufacturing process has begun. We therefore advise that you contact us, preferably by telephone, very promptly after placing your order if you wish to cancel.

Orders Lost In Transit And Failed Deliveries

Whilst goods are in transit to you, ALIFURN is responsible for ensuring delivery is at least attempted, and in the case you are unavailable to receive at the address you given to us we will supply sufficient assistance so you can locate and collect your order from the relevant delivery agent.

If you do not receive your order within the specified delivery time shown in the Basket, please track your parcel using the information provided in the Dispatch notification you received from us, if this doesn’t assist with locating your order please contact us by phone or email and ask that we be given sufficient time to investigate with our delivery agents.

ALIFURN accept no liability for orders lost or misplaced after delivery is attempted.

Returns

For returns on damaged/defective goods, kindly read our returns policy below.

Alternative Dispute Resolution

If we do not accept that we supplied defective or unsuitable goods, and our customer services department has not been able to help, any customer may still take the matter up with a suitable Ombud or other dispute resolution body, or take legal action. The dispute resolution procedures under the Consumer Protection Act do not necessarily apply to all transactions with us.

Published Activity

ALIFURN allows you the option to publish about the actions you take on ALIFURN Website to Facebook, Twitter and other social platforms. ALIFURN does not control which information gets disseminated on participating social platforms. You agree to allow ALIFURN to check your ALIFURN cookies when you are visiting participating social platforms, and allow ALIFURN to receive information about your use of those social platforms. You can deactivate this publishing feature on your profile page.

Indemnification

You agree to indemnify, defend, and hold harmless ALIFURN, its officers, directors, employees, agents, licensor and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorney’s fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Website, your conduct in connection with the Website or with other Website users, or any violation of these Terms of Use, any law or the rights of any third party.

Liability

ALIFURN will endeavour to ensure that this website is fully operational at all times. However we cannot guarantee that the website will be fault free. In particular, access to this website may be interrupted or restricted to allow for emergency or routine repairs or maintenance to be carried out or the introduction of new facilities or services.

ALIFURN reserves its right to restrict, suspend or terminate your use of this website or any of our services at any time if we believe, in our absolute discretion, that you have breached these Terms and Conditions.

Complaints And Comments

If you have any complaints or comments about our website or any of the products supplied to you, please contact ALIFURN by emailing tamsyn@alifurn.co.za or through the Contact Us section on the website. Our Customer Service Team is available 5 days a week, from 9am until 5pm weekdays. Please allow 24hrs for us to respond to website comments and emails.

Miscellaneous

The Terms and Conditions together with our FAQ Section and Privacy Policy contain the full and complete understanding between ALIFURN and you. No advice representations, or information, whether oral or written, obtained by you through or from the website or from any conversations with our staff will operate to vary these terms and conditions.

Email Subscription

In situations where ALIFURN gives you the option to subscribe to its email service which will update you with news or information which it considers to be of interest to you, your use of the content received through the email service will be subject to these Terms and Conditions.

Website Use Restriction

You may use the Content only for your own non-commercial use to participate in the Website or to place an order or purchase products from ALIFURN. Any other use is prohibited unless agreed to by ALIFURN in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Website, including User Generated Content, without the prior written consent of ALIFURN, unless it is your own User Generated Content that you legally post on the Website. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

Limitations Of Liability

To the fullest extent permitted by applicable laws, none of ALIFURN nor any of their respective directors, members employees, contractors, affiliates or other representatives will be liable for loss or damages arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if ALIFURN have been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable.

Fraud Prevention

To help prevent credit/debit card fraud, we may request additional information should we have any concerns with your order. This additional information would be proof of billing address or simply a conversation with you so we can discuss our concerns.

ALIFURN will never cancel or not accept an order without liaising with the customer unless we are certain the order was not genuinely placed by the cardholder.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Republic of South Africa.

ALIFURN reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Website for any or no reason, without notice, and without liability to you or anyone else. ALIFURN also reserves the right to block users from certain IP addresses and prevent access to the Website. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Website, or on other social platforms (e.g., Facebook and Twitter), may continue to appear on the Website or on other social platforms even after your User Generated Content is removed or terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.

Force Majeure

ALIFURN shall not be liable for any failure to perform its obligations where such failure is a result of acts of God (including fire, flood, earthquake).

The term ‘force majeure’ shall be deemed to include any cause affecting the performance by ALIFURN of its obligations arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of ALIFURN and in particular, but not by way of limitation, shall include strikes, lock-outs, other industrial action, actual or threatened terrorist action, civil commotion, riot, crowd disorder, invasion, war, threat or preparation for war, fire, technical or power failure, software, hardware or telecommunication or other network failures, interruptions, disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, pandemic, structural damage, epidemic or other natural or physical disaster, any legislation, regulation, rule or ruling of government, court or any competent authority.

RETURNS

Thank you for shopping at ALIFURN! If your order is defective or fails to meet the required implied warranty of quality, we shall attend to your order as set out herein below.

Please refer to the STANDARD TERMS AND CONDITIONS and ADDITIONAL TERMS AND CONDITIONS ASSOCIATED WITH ONLINE PURCHASES / ORDERS for all conditions as regards returns. In all cases, the items returned must be in their original condition, which includes any packaging. All goods will be inspected on return. The goods are your responsibility until they reach our Warehouse. Please ensure you package your return to prevent any damage to the items or boxes.

We reserve the right to refuse a refund or exchange if the goods returned are deemed to be damaged or tampered with not in accordance with normal use.

Please address return parcels to: 9 Brooklands, Shakas Industrial Park, Shakas Head, KwaZulu Natal, 4320

We cannot be held responsible for items lost or delayed in transit on the way back to us.

Products Not Eligible For Return

The following products are NOT eligible for a refund, exchange or credit:

1. products marked “Sale”;
2. electronic vouchers;
3. products which are “made to order” or made to your specifications, unless defective;
4. Any item which is of a reasonable quality and which is not defective. Please be aware, we do not entertain exchanges due to “buyers remorse”.

Preparing Your Product/s For A Return

To ensure your request is processed as quickly as possible you are responsible for the following when returning your products;

1. Package your products safely and securely for protection during transit;
2. Clearly mark your return reference number on the outside of the parcel; and
3. Include all accessories, parts and components that were sold with the product.

Failure to adhere to any of these requirements could delay the processing of your request or result in its decline altogether.

Incorrect Product Delivered

We do our best to ensure the product information, availability, purchase price and associated delivery times and fees are accurately reflected on our site. Please notify us within 7 days (the sooner the better) by contacting us via e-mail at tamsyn@alifurn.co.za

However, should we accidentally deliver the wrong product to you or if the product is not as described on the website, or is missing any parts:

1. Please do not remove the product from its original packaging or any of the stickers or labels.
2. Notify us as immediately and we will collect the product from you at no charge.

We will at your choosing:

• deliver the correct item to you as soon as possible (if available); or
• send you a voucher for the purchase price of the product; or
• issue a refund (using the same method of payment you originally used for the purchase).

Please note that a refund is not available if the item was received as a gift.

Products Damaged On Delivery

Should a product be damaged at the time of delivery / collection, please notify us of such delivery by emailing tamsyn@alifurn.co.za.

We will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will, at your choice, repair / replace the product as soon as possible (if such repair / replacement is possible) or credit your account with the purchase price of the product (or refund you if that is your preference). Credits and refunds are normally handled within 8 days of logging the return (bear in mind that refunds can take 1-4 working days to reflect in your account). Repairs and replacements could take longer, depending on parts / replacement availability.

Defective Products

We do our best to ensure that the products we deliver to you are of a high quality and without defects.

If you have received a product which turns out to be defective, please notify us as soon as reasonably possible after you become aware of the defect, but in any event within 14 days after delivery of the product/s.

You can do so by emailing tamsyn@alifurn.co.za, and we will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will, at your choice, repair / replace the product (if such repair / replacement is possible) or credit your account with the purchase price of the product (or refund you if that is your preference). Credits and refunds are normally handled within 8 days of logging the return (bear in mind that refunds can take 1-4 working days to reflect in your account). Repairs and replacements could take longer, depending on parts / replacement availability.

Please provide suitable packaging for returning the product (it need not be the original packaging), as well as all accessories, components and parts that were sold with the defective item when you return it to us – regardless of whether you request a repair / replacement or a refund. Our courier is entitled to refuse collection of a product that is not properly packaged for transport.

Charges

If you return a defective product to us, but you fail to return all of the accessories that were sold with that product, we are entitled (subject to applicable law) to refuse the return, only to replace the item that you did return, or to estimate the value of the missing accessories and only to credit or refund you in respect of the returned item.

If you return a product that does not comply with this policy, you may be liable to reimburse ALIFURN for the cost of collecting the product from you and the cost of having the product returned to you.