TERMS AND CONDITIONS
OVERVIEW
This website (‘’Site’’) is operated by Casa Bella Lounge (Pty) Ltd and the terms “we”, “us” and “our” refer to Casa Bella Lounge (Pty) Ltd.
By visiting our Site and/or by purchasing our services or products, you engage our services (“Service/s”) and agree to be bound by and undertake to comply in accordance with the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or made available by way of hyperlink. These Terms of Service apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms and Conditions concerning our services and purchasing of our products. If you do not agree to all the terms and conditions, then you may not access the Site or make use of the Services offered therein.
Any new features or tools which are added to the current Site remain to be subject to these 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 and Conditions posting updates and/or changes to our Site without further notice to the customer or any other person making use of this site. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the Site following the posting of any changes constitutes your acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms and Conditions, you represent that you have reached the legal age of majority in accordance with the laws of the Republic of South Africa (18 years of age). No person under the age of 18 may be permitted to use this site or purchase products. You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright 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 and Conditions will result in an immediate termination of our Services to you.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse our Services 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 Services and products, use of the Services, or access to the Services or any contact on the Site through which the Services are provided, without express written permission by us. The headings used in this agreement are included for convenience only and are not to be used as a means of interpreting these terms of service.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We shall not be held liable if any 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. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information which 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 4 – MODIFICATIONS TO THE SERVICE, PRODUCTS AND PRICES
Prices for our products are subject to change without notice. We reserve the right to, at any time, modify or discontinue the Services or Products (or any part or content thereof) without notice and at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services or Products.
SECTION 5 – PRODUCTS OR SERVICES
Our Products and Services are only available in South Africa and are exclusively made available online through the Casa Bella Lounge (Pty) Ltd Website. Our products are subject to return only in accordance with our returns policy.
We have made every effort to display the colours and images of our products that appear on our website as accurately as possible; however, we cannot guarantee that your computer monitor’s display of any colour will be accurate. Pictures are provided as a guide only. Due to the resolution of different computer monitors, lighting, computers and devices the products colour may appear different to the actual product.
We reserve the right, but are not obligated (unless in terms of law), 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 within our sole discretion. 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 any time, and without notice, at our sole discretion. 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. Products cannot be reserved to be bought at a later stage, and placing an item in your cart without completing the order does not constitute a “sale”. This means that we may remove any product(s) or services from your cart before the sale actually takes place.
Casa Bella Lounge (Pty) Ltd does not warrant that product descriptions or other content of this website is accurate, reliable, current or error free.
All Products and Services are shown on our website in South African Rand Inclusive of Value Added Tax. (VAT)
SECTION 6 – 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 and/or 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 on our website, including but not limited to your full legal name, current valid address, valid email address and confirmation you are 18 years of age or older. 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.
SECTION 7- PURCHASING OF PRODUCTS AND PAYMENT
When placing your order, please select the product/design, combination required and leather/fabric you want carefully to ensure you are satisfied with what you have chosen.
We do not offer refunds for a customer’s ‘change of mind’.
On placing your order, a 50% deposit is required. Once this has been received your order will be processed. When your order has been completed you will be notified and the balance of payment is required before delivery takes place.
Payment may be made via Visa, MasterCard credit and EFT. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is the South African Rand (ZAR).
Once your order is accepted by us, and your deposit paid, it becomes a legally binding agreement between the customer and Casa Bella Lounge (Pty) Ltd.
Please note: Casa Bella Lounge (Pty) Ltd is a custom made/made to order online furniture store. (Custom made/made to order being that you the customer chooses your own design/quantity/combination/leather and fabric to suite your requirements, design and decor) We do not change sizes of our products, and all products are chosen from our range as per the website. We do not have set combinations only single products. This allows you the customer to select and make up the combination of products/designs/leather and fabric that you desire.
Due to orders being custom-made/made to order for the customer, once the order is placed and deposit paid, we cannot accept cancelations or offer refunds for the customer’s ‘change of mind’. Every order we receive is as per your specific requirements of products and combinations of leather and fabric etc. We do not keep stock of our products due to every customer ordering differently and their order being made up as per their requirements, so your order is made specifically for you from start to finish. We do not supply retailers or use other avenues of selling except for direct to the customer. We are therefore unable to resell or place your specific order somewhere else.
SECTION 8 – 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 done so entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which these tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
SECTION 9 – THIRD-PARTY LINKS
Certain content, products and services available via our website may include products/Services from third-parties. Third-party links on this site may direct you to third-party websites which are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of the content on these third-party sites 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 of or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review 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 10 – 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, 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 defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our website, the Products/Services 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 11 – PERSONAL INFORMATION
Your submission of personal information is governed by our privacy policy which you can access by clicking on it.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or in the Products/Services 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 Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We carry no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in our website, products the Services or on any related website, should be taken to indicate that all information in our website, products the Services or on any related website has been modified or updated.
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions / Services, you are prohibited from using our website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any laws; (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 Services 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 Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our website, products and or services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the website, products and services will be accurate or reliable. You agree that from time to time we may remove the products and services for indefinite periods of time or cancel the Products and Services at any time, without notice to you. You expressly agree that your use of, or inability to use the website, products and Services, is solely at your own risk. The Website, Products and Services are 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 merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Casa Bella Lounge (Pty)Ltd, our directors, members, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, whetherfor 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, or any similar damages, whether based in contract, delict (including negligence), strict liability or otherwise, arising from your use of the Services, or for any other claim related in any way to your use of our website and any service or 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 Website, Services, products or any content posted, transmitted, or otherwise made available via the Website and Services, even if advised of their possibility.
The warranty of any and all products does not extend to fabric or leather. Customer’s lifestyles are all different and we do not know how the leather or fabric will react in each customers environment.
Leather
Casa Bella Lounge (Pty) Ltd does not provide a warranty for leather products.
Leather is a natural product and can react differently depending on its environment or where it is kept, and how it is treated. We cannot be held liable for fading, cracking, moulding and markings on the leather being stretch marks, tick bites, scratch marks which are natural characteristics and not defects.
With leather being a natural product, hides will vary in colour and no two hides will be exactly the same.
Please read leather guidelines.
SECTION 15 – INDEMNIFICATION
You agree to indemnify and hold harmless Casa Bella Lounge (Pty)Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-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.
SECTION 16 – SEVERABILITY
In the event that any provision of these Terms and Conditions /Services is determined to be unlawful, void or unenforceable, 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 17 – 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 Terms of Service constitutes the entire agreement and understanding between you and us and governs your use of these Terms of 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 these Terms of Service). Any ambiguities in the interpretation of these Terms and Conditions/Services shall not be construed against the drafting party.
SECTION 18 -IP OWNERSHIP
All rights, title, interest and ownership (including all rights under all copyright, patent, and other intellectual property law) in the Casa Bella Lounge (Pty) Ltd Website are our sole property. Our trademarks include but are not limited to our logos, marks, images, trade names and source codes and no person may use them without our prior written consent.
SECTION 19– DELIVERIES AND RETURNS
DELIVERY POLICY
All orders are delivered directly to the customer from the factory.
Once orders are placed and the deposit has been received, the customer’s order is registered and logged on our system. We do not keep stock as every customer’s order is different and made specifically for them. As a result therefrom, the time period between manufacture to delivery is approximately 4 – 6 weeks.
Once the customer’s order is complete, the customer will be contacted by way of either email or telephone to inform them of same.
A precise, certain and easily identifiable address is required from the customer. If the address is incomplete or incorrect; we take no responsibility and accept no liability for any delays or loss resulting therefrom.
Our scheduled deliveries shall take place as follows:
- Johannesburg deliveries shall take place on Monday to Thursday from 8am to 4pm.
- Pretoria is only done on Thursdays.
- No deliveries are done on weekends.
- For any deliveries outside of these areas, Casa Bella Lounge shall utilise the services of Campos Logistics. Casa Bella Lounge avails itself, but reserves the right to decline at any time and within its own discretion, to the customer to obtain a quote from Campos Logistics or another service provider, should the customer request same, for the delivery of any goods ordered through Casa Bella Lounge.
Casa Bella Lounge accepts no liability for any loss, damage or delay caused by acquiring the services of Campos Logistics or any other preferred logistics company nominated by the customer.
Damages and issues
Casa Bella Lounge adheres to strict quality control standards before any orders / products leave the factory. On delivery, it is the responsibility of the customer to thoroughly inspect their order to ensure that they are satisfied with the services provided by Casa Bella Lounge.
Should there be any damage or fault that is seen to have been done enroute to the customer, (This only applies to those products delivered by Casa Bella Lounge) or any factory fault to the product, it is the responsibility of the customer to show the driver and delivery team. They will make a note as to the fault or damage and the product will be returned to the factory where you’re the damage or fault to the product will be repaired accordingly and returned to the customer within the shortest reasonable period.
On delivery, should the customer renege on their order for no apparent reason other than the above, the order cannot be returned as they have been personally customised to the customer’s desired specifications and cannot be re-sold.
When the customer accepts delivery of their order, a reasonable inference shall be drawn to the fact that the customer has sufficiently inspected their order for any faults or damage and that it has been accepted in good and working order. The customer will be required to sign a Proof of Delivery thereby accepting the delivery of their order and confirming the aforesaid.
Please Note: Casa Bella Lounge (Pty) Ltd does not provide services for the removal of doors, hoisting furniture up floors and over balconies or carrying goods upstairs. The customer has a responsibility to notify Casa Bella Lounge in advance of any considerations that should be taken into account to navigate through the accessibility of any area.
The customer is to make a clear passageway through which the furniture may pass and to remove any and all existing furniture, fragile or breakable items and valuables in order to make the entrance easily accessible. Casa Bella Lounge’s delivery crews are not permitted to move the above around to accommodate placing the furniture in your home or business.
Casa Bella Lounge (Pty) Ltd shall not be held liable for any damage, injury or loss howsoever arising from the actions or omissions of its employees or contractors. The customer accepts the risk of all damages that may result due to non-compliance by the customer.
RETURNS POLICY
Casa Bella Lounge (Pty) Ltd operates on a custom-made basis, this is not relating to manufacturing specific sizes or making the customers own design. We do not change any sizes of our products, and all products are chosen on, and as per our website. Custom made for you the customer (In other words Made to Order especially for the customer) refers to and allows you to choose which ever products you desire from our website, being couches occasional chairs etc and make up your own combinations, quantities upholstered in the leather / fabric you require. For example, you could order 2 x leather couches and 2 x fabric occasional chairs or just 2 couches in leather or a 3-seater and 2-seater couch in leather etc. This makes your order exclusive to you and is specifically manufactured for you from start to finish.
Due to the above:
PLEASE SELECT YOUR PRODUCT DESIGNS / COMBINATIONS / LEATHER OR FABRIC UPHOLSTERY CAREFULLY, MAKING SURE YOU ARE 100% SURE YOU ARE HAPPY AND SATISFIED WITH WHAT YOU HAVE CHOSEN.
We do not exchange, replace, offer or give refunds due to the customer’s ‘change of mind’ or custom made/made to order combination orders manufactured specifically for the customer.
We do not sell to retailers or through any other means but online. We are therefore unable to resell or place the customer’s specific made to order products somewhere else.
Damages and issues
We adhere to strict quality control standards before the orders/products leave the factory. On delivery, please inspect your order thoroughly to ensure that you are satisfied that the product received is indeed the product ordered and that there is no damage to the product upon delivery.
Should there be any damage or fault that is seen to have been done in route to you the customer, (This will not apply to customers using their own means of transport and logistics company) or any factory fault, please show the driver and delivery team. They will make a note as to the fault or damage and the product is to be returned with the truck where we assure you that your product will be sorted out and repaired accordingly and returned to you within a reasonable period.
On delivery, should the customer change their mind or not want to receive their order for no apparent reason other than the above, we will not take the order back and the liability for same remains to be that of the customer’s.
When the customer accepts the delivery of their order it will be deemed to have been checked and accepted in good order, and that the customer acknowledges full acceptance of the product.
Please refer to our delivery policy for any damages done whilst delivering to the customer’s home or business.
SECTION 20 – GOVERNING LAW
These Terms and Conditions/Services and any separate agreements whereby we provide Products and Services shall be governed by and construed in accordance with the laws of South Africa.
All disputes relating to these Terms shall be decided by the courts of South Africa. When using this Site and agreeing to these Terms of Service, such agreement is deemed to have taken place in South Africa.
In the event of any dispute arising between you and us, you consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa. Nothing in this clause or these Terms of Service limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the Consumer Protection Act. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 CHANGES TO TERMS OF SERVICE
You can review the most current version of these 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/products or these Terms of Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 23- CONTACT INFORMATION
Questions about our products and the Terms and Conditions/Services should be sent to us at info@casabellalounge.co.za