3. Terms of Service

3.1 Introduction

These Terms of Service govern the use of the Sofaworx website, online store, quotations, invoices, sales orders, showroom purchases, made-to-order products, custom-manufactured products and related services.

By using the Sofaworx website, placing an order, accepting a quotation, paying a deposit, making payment, or accepting delivery of goods, the customer agrees to be bound by these Terms of Service and the other applicable Sofaworx policies published on the website.

3.2 Definitions

In these terms:

·       “Sofaworx” means Sofaworx, its employees, representatives, agents, contractors, delivery teams and associated service providers;

·       “Customer” means any person, business, decorator, designer, representative, agent or entity purchasing goods or services from Sofaworx;

·       “Goods” means products supplied by Sofaworx, including sofas, chairs, beds, headboards, dining furniture, occasional furniture, décor, accessories, fabric, leather and custom-manufactured items;

·       “Custom Goods” means any item manufactured, altered, upholstered, finished, sized, coloured, configured, covered or produced according to the customer’s selected specifications;

·       “Made-to-Order Goods” means products manufactured after order confirmation, whether standard or customised;

·       “Website” means the Sofaworx website and any related online ordering, payment, quotation or customer portal system.

3.3 Product information and website accuracy

Sofaworx will take reasonable steps to ensure that product descriptions, images, pricing, dimensions, availability and specifications displayed on the website are accurate. However, product images are for illustrative purposes only and colours may differ slightly due to screen settings, lighting, fabric batches, leather batches and photography.

Timber, leather and fabric are natural or textile materials and may vary in shade, grain, texture, markings and finish. Dimensions may have reasonable manufacturing tolerances. Displayed accessories, scatter cushions, décor or props are not included unless expressly stated. Prices and promotions may change without notice before order confirmation.

3.4 Quotations and pricing

All quotations issued by Sofaworx are valid only for the period stated on the quotation. If no period is stated, the quotation will be valid for 7 calendar days.

A quotation does not reserve stock, production capacity, fabric, leather, timber, components or delivery availability unless a deposit or full payment has been received and the order has been formally accepted by Sofaworx.

All prices are quoted in South African Rand and include VAT unless expressly stated otherwise. Sofaworx may correct obvious pricing, calculation, typing, clerical or system errors before accepting an order.

3.5 Payment terms

Unless otherwise agreed in writing:

·       standard stock items must be paid in full before delivery or collection;

·       made-to-order and custom goods require the deposit specified by Sofaworx before production begins;

·       the balance must be paid in full before delivery, collection or release of goods;

·       goods remain the property of Sofaworx until paid for in full;

·       Sofaworx may withhold delivery or collection until all amounts are settled.

Sofaworx is not required to begin production, allocate stock, order materials or dispatch goods until payment requirements have been met.

3.6 Deposits

Deposits are required to secure production, materials, factory time and order administration. For custom or made-to-order goods, deposits may be non-refundable to the extent that Sofaworx has already incurred costs, ordered materials, allocated production, cut fabric, manufactured components or commenced work. This does not affect statutory rights where goods are defective or where the law requires a refund.

3.7 Order confirmation and customer approval

An order is only confirmed when Sofaworx has issued a sales order, invoice or written confirmation, the customer has approved the specifications, the required deposit or payment has cleared, and Sofaworx has accepted the order.

The customer is responsible for checking all details before confirming the order, including product model, size, configuration, fabric or leather selection, colour, finish, delivery address, access restrictions, contact details, pricing and lead time. Once production has started, changes may not be possible or may attract additional charges.

3.8 Custom and made-to-order goods

Custom and made-to-order goods are manufactured according to the customer’s specifications. Because these items are produced specifically for the customer, they may not be cancelled, returned or refunded due to change of mind, incorrect selection, unsuitable size, incorrect colour choice, incorrect fabric choice or customer preference, unless Sofaworx agrees in writing or the goods are defective as contemplated under applicable law.

3.9 Customer’s own material / customer-supplied fabric

Where Sofaworx agrees to manufacture using fabric, leather or material supplied by the customer, the customer warrants that the material is suitable for upholstery or the intended use. Sofaworx is not responsible for defects, fading, tearing, stretching, dye transfer, shrinkage, weakness, flaws or performance issues in customer-supplied materials.

Additional fabric may be required for pattern matching, defects or manufacturing tolerance. Sofaworx may refuse to use material it considers unsuitable. Sofaworx remains responsible for workmanship performed by Sofaworx, but not for the inherent quality or performance of materials supplied by the customer.

3.10 Lead times

Any production, delivery or collection dates provided by Sofaworx are estimates only, unless expressly guaranteed in writing. Lead times may be affected by supplier delays, fabric or leather availability, manufacturing capacity, public holidays, transport delays, load shedding or utility interruptions, strikes, unrest, port delays, logistics disruptions, customer approval delays, payment delays or force majeure events.

3.11 Display, clearance and sale items

Display, clearance, floor-stock, discontinued or marked-down items may be sold at reduced prices due to their condition, age or status. Any known defects or condition issues should be disclosed where reasonably possible. Where the customer knowingly purchases goods with disclosed defects, the customer may not later claim against Sofaworx for those specific disclosed defects. This does not remove rights relating to undisclosed defects protected by law.

3.12 Promotions and discounts

Promotions are subject to availability, stated dates, specific product ranges, stock limitations, exclusions, website or showroom terms, and non-combination with other discounts unless approved. Sofaworx may correct promotional errors, withdraw promotions or amend promotional terms before order confirmation. Discounts cannot be applied retrospectively to previous purchases unless Sofaworx agrees in writing.

3.13 Decorator, designer and trade accounts

Decorator, designer and trade discounts are discretionary and may be subject to separate approval. Sofaworx may amend, suspend or withdraw trade benefits where account rules are breached, payments are late, fraud or misrepresentation is suspected, purchases are made for unauthorised resale, brand terms are breached, or the relationship becomes commercially unviable.

3.14 Website accounts and use

Customers may be required to create an account to use certain website features. Customers are responsible for keeping login details confidential, ensuring account information is accurate, all activity under the account, and notifying Sofaworx of unauthorised access.

Customers may not interfere with website functionality, upload malicious code, scrape data, copy website content, misuse product images, attempt unauthorised access, use the website for unlawful purposes, misrepresent identity or place fraudulent orders.

3.15 Intellectual property

All website content, images, designs, product names, copy, logos, trade marks, layouts, drawings, renderings and marketing material remain the property of Sofaworx or its licensors. No customer, competitor, supplier or third party may copy, reproduce, distribute, adapt or use Sofaworx intellectual property without written permission.

3.16 Fraud prevention

Sofaworx may cancel, delay or refuse an order where fraud, suspicious payment activity, identity concerns or unauthorised use of payment details is suspected. Sofaworx may require additional verification before processing orders.

3.17 Limitation of liability

To the maximum extent permitted by law, Sofaworx will not be liable for indirect loss, consequential loss, loss of profit, loss of business, loss of income, loss of rental, inconvenience, emotional distress, third-party costs or delays outside reasonable control.

Sofaworx’s liability, where lawfully limited, will not exceed the amount paid by the customer for the specific goods giving rise to the claim. This clause does not limit liability where the law does not allow limitation.

3.18 Force majeure

Sofaworx will not be liable for delay or failure caused by events beyond its reasonable control, including strikes, riots, unrest, fire, floods, natural disasters, supplier failure, import delays, port delays, fuel shortages, power outages, load shedding, government restrictions, epidemics, logistics disruptions, war or civil unrest.

3.19 Customer conduct

Sofaworx reserves the right to refuse service where a customer behaves abusively, threateningly, fraudulently, unlawfully or unreasonably towards staff, delivery teams or representatives.

3.20 Cancellation by Sofaworx

Sofaworx may cancel an order if stock is unavailable, materials are discontinued, the customer has not paid, fraud is suspected, there is a pricing or system error, delivery is impossible, the customer breaches these terms, or production is no longer commercially or practically possible. Where cancellation is not due to customer breach, Sofaworx will refund amounts paid for undelivered goods, subject to applicable law.

3.21 Dispute resolution and governing law

Customers should first contact Sofaworx directly to allow the company a reasonable opportunity to resolve any complaint. If the matter cannot be resolved, the customer may use any dispute resolution mechanism available under South African law, including referral to the appropriate consumer protection authority.

These terms are governed by the laws of the Republic of South Africa. Any dispute will be dealt with in South Africa, unless otherwise required by law.