Terms & Conditions

GENERAL These standard terms and conditions form the entire agreement between Urban Furniture Factory and the Customer regarding the subject matter hereof. No alteration or variation shall be of any force or effect unless such change is reduced to writing and signed by both parties. All provisions and clauses of this contract are severable from each other. Any provision or clause of this contract which becomes unenforceable due to voidness, invalidity, illegality, unlawfulness or for any other reason whatsoever, shall to the extent that it is so unenforceable, be treated as not forming part of the contract. The remaining provisions and clauses of this contract shall remain of full force and effect.

QUOTATIONS

Quotations which are provided to the Customer by furniture and factory, will be capable of acceptance within a period of 7 (seven) days from the date of the relevant quotation. Thereafter, Furniture and factory will be entitled to either withdraw or alter the quotation.

ACCEPTANCE OF CONTRACT

A contract shall come into existence when the Customer provides Urban Furniture Factory with written notice (including email) of its acceptance of a quotation given by the Company, within the stipulated 7 (seven) days thereof, or alternatively when the Company accepts in writing (including email) any order placed by a Customer.

The Customer’s order or acceptance of a quote is binding and in the event that the Customer decides to cancel the order or accepted quote, the Customer accepts that a reasonable cancellation fee may be charged.

In the event that an order or accepted quote relates to Products that Urban Furniture Factory have been expressly or implicitly required to procure, create or alter in order to satisfy the Customer’s requirements, the order or accepted quote may not be cancelled by the Customer.

The Customer acknowledges that the Company’s sales representatives have no authority to vary any of these terms or conditions of sale and the Company will not be liable or bound by any statements, warranties or representations made by such sales representatives, unless such variations have been expressly stated in writing and signed by a duly authorised representative of Furniture and factory.

The Customer may only cancel a contract if Furniture and factory agree to this in writing. Furthermore, the customer may be required to pay reasonable charges based on expenses already incurred.

PURCHASE PRICE & PAYMENT The purchase price of the Products shall be paid to Urban Furniture Factory in full upon presentation of the relevant tax invoice. Goods remain the property of the Company until paid in full.

Payments made by NEFT (Electronic Funds Transfer) require a 48 hour period in order for the funds to clear and to allocate them to the relevant order/s. Goods will only be released for collection or delivery once the receipt of funds has been confirmed.

Due to the high risk of fraud prevalent in INDIA, Urban Furniture Factory does not accept cheque payments.

If the Customer fails to make any payment on due date, all amounts owing by the Customer, whether or not the date for payment has arrived, will immediately become due and payable by the Customer. In such a case, the Customer shall also immediately forfeit all discounts of whatsoever nature which may have been granted to it by Urban Furniture Factory.

DELIVERY

The Customer is responsible for the costs related to the delivery of the Products.

Urban Furniture Factory will provide the Customer with a delivery quotation immediately on receipt of the quotation from the transportation company.

Urban Furniture Factory endeavours to organise country wide delivery, delivery to all locations cannot be guaranteed.

Delivery charges are payable in full at the time of the order being placed.

The Customer acknowledges that a delivery date given in advance is an estimation of delivery date and while Urban Furniture Factory will endeavour to ensure that delivery is completed as soon as is reasonably possible after the estimated delivery date, it shall not be liable for delays resulting from any cause beyond its control.

Risk in and to the Product/s pass to the Customer upon delivery.

Upon receipt of the Product/s the Customer will inspect the Product/s and must inform Furniture and factory of any errors by way of written notice within 7 (seven) days of receipt of the Product/s by the Customer. In the event that the Customer fails to notify the company of any such claim within the specified time period, such failure shall constitute a waiver of any such claim.

Any Product/s delivered to the Customer in error will only be considered for return by Urban Furniture Factory if the Product/s are undamaged.

RETURNS AND REFUNDS Products sold may only be returned and refunded within 7 (seven) days of invoice date, upon presentation of the invoice and on condition that the product/s are returned undamaged and in their original condition. Notwithstanding the above, products that have been discounted or are on sale, are sold voetstoots and may not be exchanged or returned.

WARRANTIES

The colour, texture and composition of fabric or wood may vary from the products displayed in store or on this website due to dye lot variations and natural timber variations. Due to the many variations in monitors and browsers, colour samples may appear different on different monitors. Computer monitors are not all calibrated equally and colour reproduction on the Internet is not precise. Reclaimed wood is unique, and no two products are the same. The wood will display holes, nail marks, scuffing and are part of the intrinsic beauty of the product. Solid timber products have natural markings, cracks and colour variations due to the nature of the product; these are the characteristics of a natural product and not defects or signs of damage.

Leather Furniture

Dye lots may vary as the hide has not been corrected to remove imperfections. The leather develops a patina during its expected useful lifetime. Colour variations may occur due to multiple hides required to make up the item.

Marks, tick bite scars, scratches, stretch marks and scuff marks are characteristic of full grain leather and are therefore not defects. Cattle branding marks may also be visible and are not considered defects. Exposure to too much sunlight may lead to fading and drying.

Urban Furniture Factory will only be liable to honour a warranty if:

The defect existed at the time of delivery and manifested during the warranty period;

The defect did not arise due to normal wear and tear or misuse/abuse by the Customer;

The product concerned is used for the purpose intended and in a domestic/residential environment. (unless a waiver is given in writing by Furniture and factory)

The Customer duly complied with the care instructions and maintenance and the Customer provided the original invoice.

Upholstered Furniture

Upholstered furniture is warranted for a period of 2 years from date of delivery/collection in respect of the frame and craftsmanship. The warranty does not extend to the fabric or leather used to upholster the product as this is subject to wear and tear associated with use. Furthermore, usage and treatment in the Customer’s environment is beyond the control of Urban Furniture Factory. Exposure to sunlight can lead to fading.

Warranties do not apply to:

Defects or damage arising from negligence, abuse or misuse, including (but not limited to) improper maintenance, exposure to water, direct sunlight, coastal air, chemicals, accidents, any use for which the product was not designed nor does it cover ordinary wear and tear and failure to comply with Furniture and factory care instructions or specifications. Extreme use is considered damage caused by more than normal wear and tear this includes: Solvent and/or other spills Ink, Pen or crayon marks Paint Body fluids (human or animal) Improper cleaning techniques Placing furniture outdoors in direct sunlight or in close proximity to an open heat source -heaters, fire places, braai stands.

Timber Warranty

Timber products are warranted for a period of 1 year from date of delivery/collection in respect of frame and workmanship. Should the original product be altered in any way, the warranty will be void. Since Teak wood has an oil content, any Teak furniture used for indoors should not be placed on a carpet.

Outdoor / All-weather Rattan

Velvet Home & Living warrants that under normal use and proper care, our products are free from defects of cracking, peeling and breaking for one year from date of delivery. Our outdoor products are manufactured from High Density Polyethylene (HDPE) and unlike PVC which is toxic Polyethylene is an eco-friendly material that can be recycled.

The warranty above does not cover failure or damage caused by improper applications, unreasonable use or abusive use which is beyond our control; or cost associated with the replacement of the fabric, including labour and installation.

Urban Furniture Factory also warrants that under normal use and proper handling, the product has no significant colour fading within one year of outdoor use from date of delivery.

Condition of displayed products

If the subject of the sale is a product that is on display in the Urban Furniture Factory showroom as seen and chosen by the Customer, then the product is sold to the Customer in the specific condition in which it is, and the Customer agrees to accept the chosen product in that condition.

Limitation of Liability

Urban Furniture Factory will only be liable for damages that may be suffered by the Customer as a result of gross negligence or a wilful or intentional act or omission on the part of Urban Furniture Factory.

Exchanges and Returns

Urban Furniture Factory will exchange any damaged or flawed products returned in an unused condition within 7 days of purchase or delivery together with the proof of purchase. Product exchanges requiring delivery will be transported to the original delivery address within INDIA. Velvet FURNITURE AND FACTORY will check the condition of products presented for exchange or returned. Products are deemed to have been supplied in good condition as checked by the Customer at the time of purchase, delivery or collection. Furniture and factory cannot be held responsible for goods where product characteristics and/or imperfections were pointed out prior to purchase.

IMAGES & PUBLICATIONS

All graphical images relating to Furniture and factory and its products, including but not limited to photos, logos and banners, displayed in publications or appearing on this website are the property of Urban Furniture Factory. Any unauthorised use, reproduction or distribution thereof is strictly prohibited.

NOTICES AND DOMICILE

The parties choose as respective addresses for service of any documents, the addresses set out in the relevant order.

GOVERNING LAW

Any agreement or contract between the parties shall be subject to the laws of the INDIA.

JURISDICTION

In terms of relevant legislation, the Customer consents to the jurisdiction of the Magistrates Court in any action to be instituted against the Customer by Urban Furniture Factory in terms of the contract. However, it shall be entirely within the discretion of Urban Furniture Factory as to whether to proceed in such Magistrates Court or any other court having jurisdiction.

In the event of a breach of contract being committed by the Customer or in a situation where Furniture and factory is required to take legal action, the Customer agrees to paying Urban Furniture Factory– legal costs as between attorney and own client including all related costs i.e. tracing fees, collection commission, transportation costs, valuation charges, and other expenses in connection therewith.

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