TERMS AND CONDITIONS
Introduction
This website is owned and operated by Posh Interiors (Pty) Ltd trading as Posh Living. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. By accessing or making a purchase rom the website, you approve that you have read, understood, and agree to be bound by these Terms.
Who can use your website; what are the requirements to create an account
In order to use our website and/or receive our services, you must be of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
Key commercial Terms offered to customers
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and delivery costs is available on the payments page.
Deliveries & Storage Fees
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Once full payment has been received, a mutually suitable delivery date will be arranged between Posh Living and the customer.
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The Supplier or their courier will inform the Customer of the expected delivery time of the order but the Supplier will not be liable for any loss caused by a delay for reasons beyond the Supplier / courier’s control.
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If delivery is not taken by the Customer after a reasonable number of attempts by the courier, the Goods will be retained by the Supplier for a period of 8 weeks, where after the Goods will be regarded as having been abandoned and the Supplier will be entitled to deal with the Goods as it wishes and for its own account.
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Deliveries will only be made where the merchandise can fit in lifts, staircases or fits through doors. No merchandise will be hoisted.
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If a furniture piece cannot fit through a door or up a flight of stairs and after all avenues have been exhausted to no avail, the client will be refunded, but Posh Living will subtract the actual delivery charge quoted as well as a 10% handling fee on the product if it is a normal and not a custom made product. If it is a custom made product, the item cannot be returned.
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Deliveries will take place on working days (Monday - Friday) during office hours.
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The delivery crew will not be responsible to move existing furniture in order to place new furniture items. Please ensure that the specific room is empty, and space has been created to place new merchandise.
Return and refund policy
If on delivery any of the Goods are defective in any material respect , the Customer must give written notice of such defect to the Supplier within three business days of such delivery on orders@poshliving.co.za and return the Goods to the Supplier by packaging each item to be returned securely, as far as possible in the same manner as originally packaged for delivery to the Customer, and then hand them to the Supplier’s courier service at the arranged time and at the original delivery address.
We will consider an exchange or refund of Goods that are not defective if unused, undamaged and in their original condition, and they have been returned within 14 days of delivery.
No refunds, exchanges, returns and / or cancellations are permitted on sale items or goods that have been discounted / marked down.
Please note that not all natural scratches and marks on leather, as well as not all knots and small cracks in wood, can be classified as defective. Our items are manufactured with these imperfections still visible.
Liability
Except in respect of harm caused by the Supplier’s gross negligence, the Supplier will not be liable for damages, loss, costs, claims or expenses (whether caused by the Supplier’s servants or agents or otherwise) which arise out of or in connection with the supply of the Goods and / or Services.
Force Majeure
In the event that either party is prevented from fulfilling its obligations under this Contract by reason of any supervening event beyond its control including but not limited to war, national emergency, flood, earthquake, strike or lockout, weather, illness etc. the party shall not be deemed to be in breach of its obligations under this Contract. The party shall immediately give notice of this to the other party and must take all reasonable steps to resume performance of its obligations.
If and when the period of such incapacity exceeds six months, then this Contract shall automatically terminate unless the parties first agree otherwise in writing.
Each party shall however be liable to pay to the other damages for any breach of this Contract and all expenses and costs incurred (including legal expenses charged on an attorney and own client scale and collection commission) by that party in enforcing its rights under this Contract.
Waiver
No waiver by the Supplier of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
Severability
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected by this finding.
Governing Law and Jurisdiction
The Contract is governed by the law of South Africa, save where the Customer places the order from abroad.
Retention of right to change offering
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Ownership of intellectual property, copyrights and logos
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Posh Interiors (Pty) Ltd trading as Posh Living. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
Right to suspend or cancel user account
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
Indemnification
You agree to indemnify and hold Posh Interiors (Pty) Ltd trading as Posh Living harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Posh Interiors (Pty) Ltd trading as Posh Living, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Posh Interiors (Pty) Ltd trading as Posh Living assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Right to change and modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
Preference of law and dispute resolution
Any dispute between us and yourself relating to these terms will be decided by arbitration, unless either of us applies for urgent legal action. The Arbitration will be heard at the Sandton offices of the Arbitration Foundation of South Africa (“AFSA”) in terms of its rules. The arbitrator’s award may be made an order of court at your or our request. Should either party fail to comply with the rules of AFSA, the arbitrator may give default judgment in favour of the other party.
Customer support details & contact info
Posh Interiors (Pty) Ltd trading as Posh Living
Reg. No. 2012/126389/07
P.O Box 827 Cramerview, 2060
076 764 0849