TERMS OF SERVICE
This website is operated by Comfyzak South Africa. Throughout the site, the terms “we”, “us” and “our” refer to Comfyzak South Africa. Comfyzak offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site 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”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website and purchasing any Comfyzak products. By accessing or using any part of the site, you agree to be bound by these Terms of Service, without the option of repudiation. If you do not agree to all the terms and conditions of this agreement, then you may not access the website, use any services or purchase any products. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - PREORDERS
In the case of stock being sold out locally but new stock being inbound via freight, the option of a "preorder" will be available on our website.
Preorders allow clients to purchase and book the unit of their choice in their desired fabric, colour and size without having to be concerned about possible sell out once said new stock does arrive.
The placement of a preorder exclusively reserves a portion of the new inbound stock for your orders fulfillment.
Preorders can be available on a specific colour or size or both within a specific product range. Once active for a specific item, the "Add to Cart" or "Buy" button is replaced with a "Preorder" button, with a stock ETA displayed under the preorder button; this ETA indicates: the period we are expecting delivery of that new stock to our local factory.
After stock arrival, all preorders are manufactured on our priority line, with dispatching dependent on the quantity of queued preorders. Traditionally dispatching can be expected within 5-10 working days and door delivery shortly thereafter.
While we make every effort to ensure information displayed for a preorder is wholly correct and up to date, we depend on this data being provided by the applicable shipping line, transporters and port authorities.
The published ETA is therefore subject to change should macro factors, force majeure or events outside of our control cause any delay. In the event of a delay we will notify you via email as soon as possible, providing you with an updated ETA, option for change and/or refund.
Comfyzak and its connected agents cannot be held liable for any loss or damage caused due to ETA and stock delays.
By processing a preorder with us, you agree to and acknowledge the following:
1. That a preorder is for purchase of stock that is currently out of stock locally in South Africa; and therefore a preorder cannot be delivered until such stock arrives.
2. That these preorder terms supersede and replace all other delivery terms advertised for non-preorders.
3. The advertised ETA, preorder button and terms of purchase are advertised and advised upfront; and must be agreed to to process a preorder successfully.
4. ETA's are provided based on information we receive from independent parties.
5. ETA's advised are subject to change without notice and are out of our control.
6. We commit to making every effort to ensure that ETA and delivery information is correct and communicated to you regularly via email and as soon as possible.
7. That you will receive preferential and priority delivery of your preorder, over normal non-preorders, only once stock is delivered to our factory.
8. You will hold Comfyzak and its connected agents harmless to all liability, loss and/or damage caused due to ETA amendments and stock delivery delays.
9. In the regrettable event that ETA and delivery delays do occur, that you will refrain from public slander and defamation.
10. In the regrettable event that inbound stock intended for preorder is lost and/or damaged due to Force Majeure or human negligence, you will be advised via email correspondence and offered exchange or refund.
11. That you may at any time prior to your preorder being dispatched, decide to exchange or cancel your preorder and be refunded accordingly. (please notify us of this decision via email)
12. That should you cancel or exchange your preorder, that we will action this within 3 working days.
13. In the case of an exchange from a preorder to in-stock order, our standard delivery terms will be applicable.
14. That a copy of these terms needs to be agreed to upon checkout.
15. That we commit to making every effort to ensure delivery of your preorder as soon as humanly possible.
SECTION 2 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the product or service, violate any laws in your jurisdiction and/or country (including but not limited to National legislation, Federal law, State law, Customs law and Intellectual Property (IP) laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your rights in terms of the product and/or service rendered; in addition you shall be solely liable for any costs, damages and/or legislative consequences resulting from your breach and related actions.
SECTION 3 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if non-product related information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information via one of our agents, our head office or showrooms. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 - MODIFICATIONS TO SERVICES AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue a product, sale, promotion and/or service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any products, sales, promotions and/or services. To avoid disappointment we encourage you to opt for, purchase or order these offerings when available.
SECTION 6 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 7 - DIY ASSEMBLY
All Comfyzak's require a degree of DIY (Do It Yourself) assembly in order to be made use of. All DIY assembly is non-complex and can be completed by following the assembly instructions supplied with every Comfyzak product. The reason for DIY assembly is to retain price competitiveness and to not load consumers like yourself with unnecessary costs associated to Comfyzak products. You hereby agree that assembly of a Comfyzak product will be on a DIY basis, however should you wish to have your Product assembled and/or setup by a Comfyzak approved representative, if available in your area; a call out fee of approximately R550 will be payable to the agent prior to call-out.
The above call-out fee is non-applicable where a representative is inspecting a Comfyzak Product due to a possible defect or courier damage.
SECTION 8 - DELIVERY
Comfyzak makes use of several third-party South African and Global delivery suppliers to deliver your order, these range from Door Courier, DSV to DHL. You agree to indemnify and hold Comfyzak and its respective representatives, harmless in the case of delivery delays caused but not limited to the applicable courier appointed for your orders door delivery, herein to be known as 'Courier'.
You confirm that you understand that the Courier will deliver your order directly to the address specified by you for your order.
Our normal delivery period ranges between 5 to 15 working days, depending on the time of year and level of demand, however in very rare cases where macroeconomic factors beyond our control are at play, this delivery period may be exceeded and extended where required.
SECTION 9 - INTERNATIONAL ORDERS DISCLAIMER
All goods manufactured by Comfyzak are produced within South Africa, in line with local legislation and under the Comfyzak brand. It is important to note that the onus rests on the 'purchaser' (person placing an order with Comfyzak, namely: you) to ensure that the contents of the order comply with their destination (home) countries legal requirements, import restrictions and any prevailing Intellectual Property (IP) rights that exist within your home country.
By proceeding with the placement of an order the customer agrees that they alone carry sole responsibility and complete liability for complying with all applicable legislation, import restrictions and IP rights in their home country and/or intended destination country; and that Comfyzak (Pty) Ltd and its respective subsidiaries are hereby held harmless and absolved of any and all liability relating to the loss of cargo(except CIF), impound of cargo(except CIF), breach of legislation, infringement of any local IP rights; as well as all related damages and costs resulting from the placement of their order, arrival of their order in its destination country and/or in the use of their orders products within that country.
The 'purchaser' also hereby agrees that the governing law in all matters relating to Comfyzak (Pty) Ltd, the purchase contract and all Comfyzak products shall be in terms of the laws of the Republic of South Africa only.
As per the Consumer Rights Act of South Africa, we strongly encourage all international customers to familiarize themselves with their home or destination country's applicable legislation, import requirements and any existing local IP rights.
Comfyzak (Pty) Ltd hereby confirms that all its products are in compliance with product, consumer and IP legislation within the boarders of South Africa ONLY, any breach or violation that may exist outside of South Africa's boarders caused by a purchase, ownership, import and/or use of our products remains the sole responsibility and liability of the purchaser alone.
SECTION 10 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 11 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 12 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 13 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 14 - PERSONAL INFORMATION
SECTION 15 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 16 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site, its content and/or our products: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, municipal or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your rights to use of this online service or any related website, to any protection, warranty or the like offered on Comfyzak products and to supply legal authorities with your profile information upon presentation of a warrant; for violating any of the above prohibited uses.
SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service and products will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service and/or products is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchant-ability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Comfyzak, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and/or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, legislative and IP infringement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your purchase, import, export and use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages that fall outside the above exclusions, in such jurisdictions, our liability shall be limited to the maximum extent permitted by South African law only.
SECTION 18 - INDEMNIFICATION
You agree to absolve, indemnify, defend and hold harmless Comfyzak and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Additionally, you agree to indemnify and hold Comfyzak etc harmless in the case of delivery delays caused but not limited to the South African Post Office and/or appointed couriers.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable in terms of South African law only, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our product or services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 21 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 22 - GOVERNING LAW
These Terms of Service, the use and sale of our products and services; as well as any separate agreements whereby we provide you with products or services shall be governed by and construed in accordance with the laws of South Africa only.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - TRADE AND MERCHANT ACCOUNT TERMS
In the case of a merchant or trade account being granted, namely an invoice or account that only requires payment after a set period of time; it will be subject to the following terms, which will supersede all other terms between Comfyzak and the account holder(or invoice addressee), without exception; this includes the account holders own terms:
By processing an order, accepting a quote, accepting an invoice and/or by accepting delivery of goods ordered the account holder becomes bound to the below terms without exception:
1. Settlement of the invoice or account in question will be made within the detailed days period +3, namely if the invoice or account is for 30 days; settlement of the due amount MUST be made within 3 working days (grace period) after the 30 day period.
2. Interest on overdue invoices and accounts will be levied on a per day basis for each overdue day after the grace period, at a rate of 2% per month.
3. Where an invoice or account becomes overdue, Comfyzak reserves the sole right to Invoice Factor part or the entire overdue portion of an account and/or invoice to any financial institution. (Thereby making the account or invoice holder entirely liable to the financial institution in question).
4. In the case of Invoice Factoring, the overdue account or invoice holder becomes fully liable for all Invoice Factoring charges, namely 15% of invoice value, along with any interest. This 15%, along with any applicable interest accrued is added to said overdue account or invoice; to which the holder is now fully liable for.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
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