Terms of service

TERMS OF SERVICE

OVERVIEW

This website, bedmartonline.co.za, is operated by KR Bed Mart CC, trading as Bed Mart Warehouse. Throughout this website, the terms “we”, “us” and “our” refer to KR Bed Mart CC, trading as Bed Mart Warehouse.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms of Service” or “Terms”), including any additional terms, conditions and policies referenced herein or made available on our website.

These Terms of Service apply to all users of the website, including browsers, customers, merchants and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to these Terms of Service. If you do not agree to these Terms, you should not use the website or our Services.

Any new features, products or tools added to the current store will also be subject to these Terms of Service. The most current version of the Terms of Service will be available on this page.

We reserve the right to update, change or replace any part of these Terms of Service by publishing updates on our website. Changes will not affect any statutory rights that have already accrued to a customer.

Our online store is hosted by Shopify, which provides us with the e-commerce platform that enables us to sell our products and Services online.

SECTION 1 — ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are at least 18 years old or that you are using this website under the supervision of a parent or legal guardian.

You may not use our products or Services for any illegal or unauthorised purpose, nor may you violate any applicable South African law when using our Service.

You must not transmit viruses, malicious software or any other code of a destructive or harmful nature.

A material breach of these Terms may result in the suspension or termination of your access to our Services, where reasonably necessary and permitted by law.

SECTION 2 — GENERAL CONDITIONS

We reserve the right to refuse or restrict Service where we have a lawful and reasonable basis to do so.

You understand that information you provide through the website, excluding payment card information, may be transmitted across various networks and adapted to technical requirements of connecting networks or devices.

Payment information is handled through secure payment systems and payment service providers.

You agree not to reproduce, duplicate, copy, sell, resell or commercially exploit any portion of the Service, use of the Service, or access to the Service without our express written permission, except where otherwise permitted by law.

The headings used in these Terms are included for convenience and do not limit or otherwise affect the interpretation of these Terms.

SECTION 3 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We make reasonable efforts to ensure that the information provided on our website is accurate, complete and current.

However, product information, specifications, availability and other content may occasionally change or contain errors.

Information provided on this website is intended to assist customers in making informed purchasing decisions. Where specific information is important to your purchase, you are welcome to contact us for confirmation before placing your order.

Historical information, where displayed, is provided for reference purposes only.

We reserve the right to update or modify website content where necessary.

Nothing in this section excludes or limits any rights a consumer may have under applicable South African law.

SECTION 4 — MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products may change without prior notice.

We reserve the right to modify or discontinue the Service, or any part of it, where reasonably necessary.

Prices displayed on our website are quoted in South African Rand (ZAR) and include VAT where applicable, unless otherwise stated.

Promotional prices apply only for the stated promotional period and while stocks last, unless otherwise specified.

A change in price will not ordinarily affect an order that has already been accepted and paid for, except in the case of an obvious pricing, technical or system error and subject to applicable South African law.

SECTION 5 — PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through our website. Products may be available in limited quantities and are subject to our Return and Refund Policy:

https://bedmartonline.co.za/policies/refund-policy

We make every reasonable effort to display product colours and images as accurately as possible. However, we cannot guarantee that the display of colours on your device will be completely accurate.

Product images are for illustrative purposes. Manufacturers may occasionally make changes to fabrics, stitching, quilting, colours, patterns or other cosmetic details without materially changing the intended function or quality of the product.

We reserve the right to limit the sale of our products or Services to particular geographic areas where reasonably necessary, including areas outside our normal delivery zone.

We may limit product quantities where reasonably necessary.

Product descriptions, specifications and prices may be updated from time to time.

Mattress comfort descriptions such as soft, medium, firm or extra firm are general guides. Mattress comfort is subjective and may feel different depending on body weight, sleeping position, previous mattress type and personal preference.

Any recommended weight limits displayed for a mattress or bed should be considered when selecting a suitable product.

Nothing in these Terms affects a customer's statutory rights relating to defective, unsafe or unsuitable goods under applicable South African consumer law.

SECTION 6 — ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse, limit or cancel an order where we have a lawful and reasonable basis to do so.

This may include circumstances where:

  • a product is unavailable;

  • payment cannot be confirmed;

  • incorrect billing or delivery information has been supplied;

  • fraud or unauthorised payment is reasonably suspected;

  • an obvious pricing or system error has occurred; or

  • an order appears to have been placed for unauthorised resale or distribution.

If we make a material change to or cancel an order, we will make reasonable efforts to notify you using the email address, telephone number or other contact information provided when the order was placed.

Where we cancel a paid order and the customer is entitled to a refund, the applicable amount will be refunded using an appropriate payment method.

You agree to provide current, complete and accurate purchase, billing, account and delivery information.

You are responsible for ensuring that your email address, telephone number, billing information and delivery address are correct.

For more information regarding returns and refunds, please review our Return and Refund Policy:

https://bedmartonline.co.za/policies/refund-policy

SECTION 7 — OPTIONAL TOOLS

We may provide access to third-party tools, payment options or Services that are operated by third parties.

We do not necessarily control these third-party tools or Services.

Your use of an optional third-party tool or Service may also be subject to the terms, conditions and privacy policies of the relevant provider.

You should familiarise yourself with the applicable terms before using a third-party Service.

We may introduce new Services, features, tools or resources in the future. These may also be subject to these Terms of Service.

SECTION 8 — THIRD-PARTY LINKS

Certain content, products or Services available through our website may contain links to third-party websites.

Third-party links may direct you to websites that are not operated or controlled by Bed Mart Warehouse.

We are not responsible for the content, accuracy, security or privacy practices of independent third-party websites.

You should review the relevant third party's terms, policies and practices before entering into a transaction with them.

Nothing in this section excludes any liability that may not lawfully be excluded under South African law.

SECTION 9 — USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you submit reviews, comments, suggestions, ideas, photographs or other content to us, you confirm that you have the right to submit that content.

Where you submit content for publication or promotional use, you grant us permission to use, reproduce and display that content for reasonable business and marketing purposes, subject to applicable privacy and intellectual property laws.

We may monitor, edit or remove content that we reasonably consider unlawful, offensive, threatening, defamatory, obscene, misleading, infringing or otherwise inappropriate.

Your comments or submissions must not violate the rights of another person, including copyright, trademark, privacy, personality or other proprietary rights.

You may not submit malicious software, false information, or content designed to mislead others regarding its origin.

SECTION 10 — PERSONAL INFORMATION

Your submission and our processing of personal information through the store are governed by our Privacy Policy and applicable South African privacy legislation, including the Protection of Personal Information Act 4 of 2013 (POPIA).

Our Privacy Policy can be viewed here:

https://bedmartonline.co.za/policies/privacy-policy

SECTION 11 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, specifications, pricing, promotions, offers, delivery charges, delivery times or product availability.

We reserve the right to correct genuine errors or inaccuracies and update information where reasonably necessary.

If an obvious pricing or material product-information error affects an order you have placed, we will contact you as soon as reasonably possible.

Where permitted by applicable law, we may cancel an order affected by an obvious and genuine error. If payment has already been received and the order is cancelled, the applicable amount will be refunded.

Nothing in this section limits rights available to consumers under applicable South African law.

SECTION 12 — PROHIBITED USES

You are prohibited from using the website or its content:

  • for any unlawful purpose;

  • to encourage or participate in unlawful acts;

  • to violate applicable South African laws or regulations;

  • to infringe our intellectual property rights or those of another person;

  • to harass, abuse, threaten, defame, discriminate against or unlawfully harm another person;

  • to submit false or misleading information;

  • to upload or transmit viruses, malware or malicious code;

  • to unlawfully collect or track another person's personal information;

  • to spam, phish, scrape or otherwise misuse the website;

  • for obscene or unlawful purposes; or

  • to interfere with or circumvent website security features.

We reserve the right to restrict or terminate access to our Service where a user materially violates these prohibited uses and where such action is lawful and reasonable.

SECTION 13 — DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We take reasonable steps to maintain the security, availability and proper functioning of our website. However, we cannot guarantee that access to the website will always be uninterrupted or error-free.

The website may occasionally be unavailable due to maintenance, technical problems, service-provider interruptions or circumstances beyond our reasonable control.

To the extent permitted by South African law, Bed Mart Warehouse will not be liable for indirect or consequential loss arising solely from the use or inability to use this website.

However, nothing in these Terms is intended to exclude, restrict or waive any right or remedy available to a consumer under the Consumer Protection Act 68 of 2008 or any other applicable South African legislation where such right or remedy cannot lawfully be excluded, restricted or waived.

Products purchased from Bed Mart Warehouse remain subject to applicable statutory consumer protections as well as any relevant manufacturer guarantee or warranty.

Any limitation or exclusion of liability contained in these Terms applies only to the extent permitted by South African law.

SECTION 14 — INDEMNIFICATION

To the extent permitted by applicable South African law, you agree to indemnify KR Bed Mart CC, trading as Bed Mart Warehouse, against reasonable losses, claims or legal costs arising directly from your unlawful use of the website, your material breach of these Terms, or your infringement of the lawful rights of another person.

This section does not require a consumer to waive any statutory right or assume liability that cannot lawfully be imposed under South African law.

SECTION 15 — SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, invalid or unenforceable, that provision will be treated as severable to the extent necessary.

The remaining provisions will continue to apply to the extent permitted by law.

SECTION 16 — TERMINATION

These Terms remain effective while you use our website or Services.

You may stop using our Services at any time.

If you materially breach these Terms, misuse the website or engage in unlawful activity, we may restrict or terminate your access to the website or Services where lawful and reasonably necessary.

Termination does not affect rights, obligations or liabilities that arose before termination.

SECTION 17 — ENTIRE AGREEMENT

These Terms of Service, together with the policies and other terms referenced on our website, constitute the agreement between you and us regarding your use of the website and applicable online Services.

Our failure to immediately exercise or enforce a right under these Terms does not automatically constitute a waiver of that right.

These Terms must be interpreted together with applicable South African legislation.

Where any provision of these Terms conflicts with a mandatory provision of South African law, the applicable law will prevail to the extent of that conflict.

SECTION 18 — GOVERNING LAW AND CONSUMER RIGHTS

These Terms of Service and transactions concluded through our website are governed by and interpreted in accordance with the laws of the Republic of South Africa.

These Terms must be read subject to applicable South African legislation, including, where applicable:

  • the Consumer Protection Act 68 of 2008 (CPA);

  • the Electronic Communications and Transactions Act 25 of 2002 (ECTA); and

  • the Protection of Personal Information Act 4 of 2013 (POPIA).

Nothing in these Terms is intended to exclude, restrict or waive a consumer right that cannot lawfully be excluded, restricted or waived.

If a provision of these Terms conflicts with a mandatory provision of applicable South African law, the mandatory legal provision will prevail to the extent of that conflict.

SECTION 19 — CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service on this page at any time.

We reserve the right to update, change or replace parts of these Terms where reasonably necessary by publishing the updated Terms on our website.

The updated version will apply from the date it is published or from any later effective date stated in the updated Terms.

Changes to these Terms will not retrospectively remove statutory rights that have already accrued to a customer.

SECTION 20 — CONTACT INFORMATION

Questions regarding these Terms of Service should be sent to:

KR Bed Mart CC
Trading as Bed Mart Warehouse

Website: bedmartonline.co.za
Email: info@bedmartonline.co.za
Physical address: 18A Duminy Street, Parow East, Cape Town, Western Cape, South Africa
Telephone: 062 043 8134
Business registration number: CK 2005/001447/23
VAT registration number: 4540219120

For information regarding returns, refunds, exchanges, guarantees and warranties, please refer to our Return and Refund Policy.

For information regarding the processing of personal information, please refer to our Privacy Policy.