General Terms and Conditions
BOSS TABLES CC, its associates and affiliates is a company duly registered within the Republic of South Africa in accordance with the Companies Act 71 of 2008 and adheres to the Consumer Protection Act 68 of 2008 (the “CPA”), the Protection of Personal Information Act 4 of 2013 (the “POPI”) and the Electronic Communications and Transactions Act 25 of 2002 (the “ECTA”) including all amendments and regulations thereto. BOSS TABLES CC provides an online web platform for the sale and supply of goods to retail and wholesale customers.
- Use of the Website and Online Platform
Your use, access and interaction with this website or online platform is subject to and governed by the terms and conditions set out below. Should you not agree to any of the terms contained below, you are to immediately cease using the website or online platform. Your continued usage constitutes acceptance of all the terms and conditions set out below.
- Definitions and Interpretation
In this Agreement, unless the context otherwise requires, the following definitions shall apply:
“Agreement” means this agreement between BOSS TABLES CC and the Consumer or Retailer subject to the terms and conditions set out below
“Business Day” means any day (other than Saturday or Sunday) on which clearing banks are open for business in South Africa.
“Consumer” means a Consumer in terms of the Consumer Protection Act 68 of 2008.
“The Consumer Protection Act” means the Consumer Protection Act 68 of 2008 (the “CPA”)
“The Protection of Personal Information Act of 2013” means the Protection of Personal Information Act of 2013 (the “POPI”)
“Personal Data” means all data supplied to BOSS TABLES CC by or on behalf of the Consumer or Retailer pursuant to this Agreement which is defined as personal data under the POPI Act.
“Shopping Cart” means any and all goods selected by the Consumer or Retailer or User which once selected form part of the User’s order. The shopping cart serves merely as an online item placeholder for goods prior to the transaction being finalized. BOSS TABLES CC reserves the right to remove, modify or otherwise change the items available in the shopping cart at any time. Items in the shopping cart may be available for a limited period of 48 HOURS only taking into consideration demand and availability of stock. Items are sold on a “first come first serve” basis and BOSS TABLES CC cannot guarantee the availability of items in the user’s shopping cart.
“Checking Out/Check Out” means any and all goods selected by the Consumer or Retailer which are then confirmed and accepted by User in completion of the transaction.
“Contract” means the completion of an order and commencement of a legally binding agreement between BOSS TABLES CC and the Consumer or Retailer.
“Order” means a purchase completed or submitted by means of BOSS TABLES CC Website or Online Platform.
“You/Your” means the Consumer, Retailer or User of the BOSS TABLES CC Website or Online Platform including both Consumers and Retailers.
“User” means any natural person who makes use of, transacts on, contracts with, or makes use of the BOSS TABLES CC Website or Online Platform including both Consumers and Retailers.
“Website or Online Platform” means the BOSS TABLES CC Website and Online Platform, including its Official Social Media Accounts, Mobile Websites and Mobile Applications.
Where the context permits, words denoting:
(a) persons shall include bodies corporate and unincorporated associations of persons;
(b) the singular include the plural and vice versa; and
(c) one gender shall include any gender.
All headings are for ease of use and reference only and shall not affect the interpretation or construction of these terms and conditions in any way.
- Formation of a Legally Binding Contract
BOSS TABLES CC offers goods or services by means of its Website and Online Platform, which may be purchased by Consumers or Retailers via electronic or other transaction methods. Upon registering on BOSS TABLES CC’s Website or Online Platform, the Consumer or Retailer may place an order for the purchase of goods, which shall constitute a valid acceptance of the offer and thereby a legally binding Agreement of Sale. The sale shall be completed and in effect once the Consumer or Retailer has completed and submitted an electronic order via the Website or Online Platform and completed “Check Out” of items available in the User’s “Shopping Cart” Upon completion of the online sale, payment via one of the available transaction options becomes immediately due, owing and payable including any applicable taxes and delivery charges. The Consumer, Retailer or User of the Website or Online Platform warrants, by use and continued use of BOSS TABLES CC services that he/she is over the age of 18 and possesses the necessary consent and faculties to transact with BOSS TABLES CC.
- Accepted Payment Methods
BOSS TABLES CC reserves the right to obtain validation of the User’s payment details before delivery of the Goods. Once payment has been made for an order, the Order remains valid as an offer until BOSS TABLES CC issues a Confirmation of Order or a notice revoking the Order as the case may be. All goods shall remain the sole property of BOSS TABLES CC until payment has been effected in full by the User. Once payment has been effected a valid sale shall have been concluded encompassing an offer by BOSS TABLES CC and acceptance by the User. BOSS TABLES CC offers the following methods of payment in completion of your transaction:
Payment via Credit and Debit Cards
BOSS TABLES CC accepts Credit Card and Debit or Cheque card payment via Visa and MasterCard only. These transactions shall be secure by means of our designated service provider, who shall ensure that your information is kept secure, that the correct amounts are debited and that your information is not disclosed without authorization or leaked, changed or misused. Should you have any concerns related to your card payment you are to contact us immediately via our designated customer service channels below. The User warrants that he/she is in possession of sufficient funds to complete the transaction and shall be liable for any additional service charges should the transaction be rejected.
Payment via Electronic Funds Transfer (E.F.T)
BOSS TABLES CC shall accept payment of funds at its sole and exclusive discretion via electronic funds transfer which requires the User to transfer funds directly from his/her bank account into BOSS TABLES CC account through electronic banking systems.
If this method is available the User will be redirected to BOSS TABLES CC secure payment gateway and asked to require to select his/her bank. The details for the EFT payment will then be displayed, along with instructions regarding references and details of payment. All EFT payments shall require proof of payment to be sent to our designated EFT payments email address before the order is processed. Should the proof of payment not be received, BOSS TABLES CC reserves the right to request same and/or within a reasonable time cancel the transaction. BOSS TABLES CC reserves the right to charge any additional banking or service fees which may be incurred by means of this payment method.
- Supply of Goods
BOSS TABLES CC shall at all times endeavour to supply goods that are in a good condition, safe and fit for the purposes for which they are purchased as contemplated in Section 55 of the Consumer Protection Act (the “CPA”) Notwithstanding this, BOSS TABLES CC makes no warranties or guarantees relating to goods that are sourced from external suppliers, manufacturers and retailers. BOSS TABLES CC makes no representations regarding the availability of stock including specific colours, sizes, labels, brands or other identifiers and that available quantities reflected on the Website and Online Platform are merely estimates. Once an order has been confirmed, the onus remains on the User to ensure the correctness of the order and that the appropriate sizes, colours and types have been selected without derogating from the Returns Policy below. While BOSS TABLES CC endeavours to maintain reasonable amounts of stock available to consumers, it cannot guarantee the availability of any items listed on the website or online platform. BOSS TABLES CC, shall at all times exercise reasonable care in ensuring that the pricing of goods on the website and online platform is accurate and up to date – However, BOSS TABLES CC cannot shall not be liable to consumers, retailers, or users of the website or online platform in the event of pricing errors due to system malfunction, human error or otherwise. All orders shall be processed via a manual quote option with quotes being valid for 7 days only unless otherwise stated.
- Returns Policy
BOSS TABLES CC will accept returns:
While BOSS TABLES CC shall makes every effort to accommodate its Consumers and Retailers, our returns policy has to be one that is both reasonable and in strict accordance with Section 56 together with Section 57 of the Consumer Protection Act (the “CPA”)
The Act permits returns within the first 6 Months in the following circumstances;
- Where goods have been incorrectly supplied. An example of this is where a User orders goods and receives goods that are substantially different from what was ordered. BOSS TABLES CC will then have the incorrect goods picked up and the correct goods delivered at no charge to the Consumer.
- Where the goods sold are materially defective. Materially defective means that the goods are not suitable for the purposes for which they are made or designed and that the defect affects the usage of the item. BOSS TABLES CC reserves the right to inspect the goods once they have been returned before offering the Consumer recourse on the matter, which will include;
- A full refund where the goods are found to be materially defective OR
- A credit to the value of the goods
- A replacement of the goods
Materially defective here excludes minor scratches, dents, marks or defects which do not affect the usage or enjoyment of the goods.
- All goods Purchased from BOSS TABLES CC via the Website or Online Platform within 5 days of purchase, also known as the “cooling off” period in terms of the Consumer Protection Act (the “CPA”) BOSS TABLES CC will only accept returns if the goods are in their original packaging, unused and the Consumer is able to provide a valid, dated proof of purchase.
- BOSS TABLES CC reserves the right not to process refunds on original shipping fees where items are not defective or incorrectly supplied. Returns processed to BOSS TABLES CC shall be at the customer’s cost and for the customer’s account.
BOSS TABLES CC will not accept returns:
- The Consumer Protection Act (the “CPA”) specifically excludes “buyer’s remorse” and BOSS TABLES CC reserves the right to reject returns that are sought because the Consumer has “changed his mind” or no longer wants the item after the purchase has been made.
- Where the goods have been damaged due to ordinary wear and tear or worn out in the ordinary course of use.
- Where the goods have been purchased from other retailers and not BOSS TABLES CC.
- Where the goods fall into one of the following categories:
- Goods that have been personalized or custom made
- Goods that have been specifically ordered for the Consumer and are not in ordinary stock
- Where the goods have been wilfully damaged or have been damaged by the gross negligence of the Consumer or Retailer.
- Where the goods have been damaged by Force Majeure, or an acts beyond BOSS TABLES CC control such as inclement weather, natural disaster, power failure, electrical surges or other circumstances outside of BOSS TABLES CC’s control.
- BOSS TABLES CC reserves the right to hold the Consumer Liable for delivery charges in the event of one or more of the above circumstances being the reason for return of the goods.
- Cash refunds will be processed 7 (seven) to 14 (fourteen) working days from date of refund being accepted. Refunds shall be made to the banking details from which the order was placed, or to the banking details provided to BOSS TABLES CC on signing up or account creation.
- MARK DOWN SALE – SPECIAL OFFER
The contract signed is as a result of a mark down sale;
The mark down sale which is applicable on the date of the signature of the quotation is for one (1) day ONLY and applicable to the date upon which the quotation has been accepted and signed by the customer;
The mark down sale shall be valid at the price quoted in the section under the heading “mark down price” and is only valid if the special offer price is paid on the date of the signature of the acceptance of the quotation;
Should the mark down price be not paid in full and reflected in the company’s bank account, on the same day then the “normal price” will be applicable to the quotation and the mark down price would be deemed to have lapsed and be of no force etc. And the purchase price shall be the normal price as contained under the heading – “Normal Price”.
We will not accept any returns or give refunds for goods purchased on a Mark Down Sale.
- Delivery of Goods
BOSS TABLES CC shall endeavour to have all orders Dispatched within 14 days of the order being placed. However, the delivery time may vary depending on external factors beyond BOSS TABLES CC control. BOSS TABLES CC shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. Risk on delivery shall pass to the Consumer upon delivery, unless the Consumer arranges to have the goods picked up or employs the services of his/her own delivery company, in which case risk shall pass to the Consumer upon collection of the goods. No deliveries shall be made to P.O Boxes or LOT No’s or outlying areas which are not accessible by delivery companies. The onus remains with the Consumer to ensure that an accessible physical address is provided.
The Consumer has a duty to ensure that the goods are inspected upon delivery, and to notify BOSS TABLES CC within 48 hours of any defects, damages or incorrectly supplied goods. BOSS TABLES CC will thereafter allocate any refund within 30 days after inspection.
All items processed by BOSS TABLES CC, specifically excludes delivery costs and charges, which are calculated on an ad hoc basis depending on order size, value, and location.
Delivery charges shall be detailed with each individual order and may differ based on the size, type and quantity of goods ordered by the Consumer or Retailer.
The User or Consumer agrees and accepts that should the he/she change the order, delivery address or specifications after an order has been dispatched, then there shall be delays with the date and time of delivery based on logistical considerations.
The price of goods may vary according to the Rand/Dollar exchange rate, which is beyond the control of BOSS TABLES CC.
Any and all rushed orders shall incur a 30 percent surcharge.
BOSS TABLES CC shall not be liable for any losses resulting from delays in processing, hiring charges or dispatching orders.
The onus remains on the customer/consumer to ensure that the correct address is furnished to BOSS TABLES CC, including the correct deadline date, place of delivery and timing.
BOSS TABLES CC shall fulfil orders only once full payment has reflect in its bank account and the funds have been cleared.
All Quotes must be signed by the customer and returned with deadline date in order to be accepted.
BOSS TABLES CC requires that all orders are paid in full before orders are processed. Goods shall be released once any orders with
- Cash deposit chargers,
- Sender to pay courier charger and any outstanding payment is done.
- Cancellation Policy
The Consumer may at any time prior to the order being finalized and confirmed online via completion of the transaction, cancel the order at no charge to him or her. Once the order has been confirmed and finalized however, BOSS TABLES CC reserves the right to charge a reasonable handling or administrative charge which may be up to 10% of the purchase price of the goods in accordance with the Consumer Protection Act (the “CPA”) BOSS TABLES CC reserves the right to cancel any order where there is suspicion of fraud, misconduct or other criminal activity and to refuse the supply of goods in such circumstances.
The Consumer may not unilaterally cancel the transaction, subject to the terms of the Returns Policy in Clause 7 above.
- Limitation of Liability
Unless otherwise provided in any further written agreement, BOSS TABLES CC shall not be liable to Consumers, Retailers or Users for any indirect, consequential, special, incidental or punitive damages which may arise out of the use of BOSS TABLES CC Website or Online Platform or the supply or resale of any goods or services.
- Information and Data Protection – POPI
In this clause the terms “data subject” and “process” have the meanings given to them in the Protection of Personal Information Act of 2013 (POPI). Each party warrants to the other that, in relation to this Agreement, it shall comply strictly with all requirements of POPI. BOSS TABLES CC shall ensure that all information collected from Consumers, Retailers and Users shall be collected for the specific purposes of interacting, transacting and conducting business, including information obtained for the purposes of marketing and advertising.
BOSS TABLES CC warrants that it has appropriate technical and organizational measures in place to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data held or processed by it and that it has taken reasonable steps to ensure the reliability of any of its staff who have access to Personal Data processed in connection with this Agreement. BOSS TABLES CC will co-operate with and assist any Consumer, Retailer or User at no charge in allowing data subjects to exercise their rights under The Protection of Personal Information Act of 2013 and will comply with any reasonable request made by Consumers, Retailers or Users to ensure compliance with the measures mentioned in the Act.
The Consumer, Retailer or User warrants that it will notify BOSS TABLES CC immediately of any correspondence it may receive from any local data protection regulator and any successor or replacement body relating to Personal Data or any complaint from an individual about the processing of Personal Data in connection with this Agreement.
If BOSS TABLES CC becomes aware of the loss or compromise of, or any damage to, any Personal Data which it is processing in connection with this Agreement it will:
(a) immediately notify the Consumer, Retailer or User of the details of the incident and
(b) promptly initiate a full investigation into the circumstances surrounding the incident and make any reports of notes of the investigation available to the Consumer, Retailer or User;
All images and information relating to logos, fonts, brands, products, content, pricing, sizes, specifications, and other proprietary information, hosted on the website or online platform remain the sole and exclusive property of BOSS TABLES CC. Copying, distributing, usage, dissemination, alteration, and manipulation thereof without the express written consent of BOSS TABLES CC is an offence and shall be punishable to the full extent of the law.
Any notice required to be given under this Agreement shall be given in such manner as is expressly provided below in terms of this agreement shall be given in writing signed by a person duly authorised by the sending party and delivered by hand, e-mail or registered mail to the recipient at its address specified in this Agreement (or as otherwise notified from time to time to the sender by the recipient for the purposes of this Agreement).
This Agreement shall be governed by and construed in all respects in accordance with South African law and the Courts of the Republic of South Africa shall have exclusive jurisdiction. If any provision or any part of this Agreement is held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such provision or part shall to that extent be deemed not to form part of this Agreement but the enforceability of the remainder of this Agreement shall not be affected;
- Address for Notices
BOSS TABLES CC chooses the following address for the receipt of notices, processes, documentation and communications. Should any communications not be directed to the addresses below, BOSS TABLES CC reserves the right to deem such notices, processes or communications as undelivered and incorrectly served.
Enquiries to: firstname.lastname@example.org
Physical Address: Gosai & Co, 105 Sixth Avenue, Morningside, Durban.
Customer Services Number: +27 87 056 2571