TERMS AND CONDITIONS
The following terms and conditions regulate inter alia the terms of delivery and merchandise refunds/exchanges between you, the customer, and us, Ellerine Holdings Ltd t/a Wetherlys hereafter referred to as Wetherlys.For purchases on credit financed by African Bank, in addition hereto refer to the terms and conditions relating to the use of such credit facility.
1. Applicable Law:
Any dispute that may arise between you and Wetherlys will be subject to prevailing South African Laws.
2. Ownership:
2.1 Until full payment has been made, ownership of all merchandise vests with Wetherlys.
2.2 Customers who elect to collect goods from our premises unconditionally agree and accept that the risk of loss and title for such items passes to you at the time of collection by you or your appointed agent.
2.3 The risk of loss and title passes to you the customer upon delivery as evidenced by the signature of the person taking delivery on our delivery note.
3. Delivery Commitment:
Where Wetherlys is responsible for deliveries to you the customer, we will best endeavour to deliver the merchandise on the date and time as agreed upon finalisation of the order however due to circumstances beyond our control there may be unexpected changes to the agreed delivery date and time.
4. Lead Times:
Lead times for deliveries are 4-6 weeks provided that these lead times are not affected by any public holidays locally or internationally. This is also providing that the lead time is not affected by strikes, mass actions or natural disasters locally or internationally. The lead times above specifically exclude made to order items as those items may require fabric orders which are as per the respective design house’s turnaround time.
5. Deliveries/Collections/Storage:
5.1 No deliveries/collections will take place until payment for the merchandise is made in full and cleared by our bank.
5.2 Deliveries by us will take place within designated areas and during office hours on working days or by agreement with the branch manager.
5.3 Wetherlys will only make deliveries where the merchandise can fit in lifts, staircases or through doors and merchandise will not be hoisted onto balconies.
5.4 The onus is on the customer to inform us of weight/tonnage restrictions applicable to the place of delivery. Any damages resulting from non-disclosure in this regard will be for the customer’s account.
5.5 Please ensure that the place of delivery is accessible for deliveries and that you have cleared the space for the merchandise prior to delivery, together with removing breakables that could be in the way of the delivery.
5.6 Should the delivery crew be required to move any furniture to make space for the delivery of the merchandise, Wetherlys will not be held responsible for any resulting damages to the new or existing furniture or interiors whatsoever.
5.7 Any additional costs due to failed deliveries, access problems and/or failure to adhere to the appointment time will be for your account.
6. Proof of delivery and Damage to delivered merchandise:
A signed proof of delivery by you, the customer, or a representative, without annotations, is proof that you have received the merchandise in good order and condition, ie undamaged. If there is any damage to the merchandise, this must be annotated/ recorded on the proof of delivery upon delivery and reported by you the customer in writing to the store manager within 24 hours. Refer to clause 9 below regarding exchanges/refunds.
7. Collections from the Distribution Centre (DC):
Appointments for collections from the DC must be made 2 working days in advance. You must inform the Sales Consultant at the time of purchase as to who will be collecting the merchandise together with the date and time of collection. The person collecting the merchandise must produce an original order confirmation (to which these terms and conditions are attached) as well as the original proof of payment (receipt), for the merchandise to be released. Upon release of the merchandise, if no damage is recorded on the collection document, this document will serve as proof that the merchandise was received in good order and condition. Should the customer fail to take delivery within 30 days from the agreed delivery date, we reserve the right to cancel this agreement and impose the cancellation charge as set out in clause 8.
8. Special Orders (CMT):
All Special orders require a 50% deposit and no order will be processed until the deposit has been paid. If the order is cancelled within 5 days of having paid the 50% deposit, the greater of 10% of the deposit or the actual cost incurred by Wetherlys will be forfeited as a handling fee. All special orders cancelled after that period will forfeit the full 50% deposit.Special orders already delivered will not be refunded /exchanged.
9. Refunds and Exchange Policy:
9.1 Damaged GoodsMerchandise that is delivered damaged will only be refunded or exchanged and credit given if there is compliance with the requirements in clause 6 and 7. For special orders, refer to clause 8 above.
9.2 LinenDue to our stringent hygiene standards Linen and associated lines will not be exchanged or refunded if the packaging has been opened.
9.3 Gift CardsAll gift cards are non-refundable and cannot be used to purchase other gift cards. Returns on items paid for with a gift card will be made via a credit on a new gift card.
9.4 All other ReturnsWetherlys offers a 7 day exchange or refund policy on all other purchases excluding items on sale, promotional lines, and the other restrictions specifically listed in this document.Apart from the aforementioned and the provisions of clauses 6,7,8,11 and 13, we will only accept the return of merchandise that is returned within 7 days of delivery provided that- The merchandise is in the unused condition it was delivered in.- Original proof of purchase is provided.Refunds will be done in the original tender type and the original credit card used for the purchase must be produced for the refund.A payment that is done in multiple tender types will be refunded as per the split of the original payment by tender type. For a part refund the customer has the option of choosing the tender type refund as long as this is within the limits of the original split.EFT refunds will be made from our head office in Sandton via EFT within 7 working days.All Refunds except in the case of damages (on condition that they meet the criteria for damages) will be made net of delivery/related charges incurred by Wetherlys.All refunds for payments made using e-bucks will be treated as a cash refund and will be processed via EFT by our head office in Sandton within 7 working days.
10. Items on Sale:
All Sale items are sold voetstoets and are strictly non-refundable.
11. Merchandise assembled by customers:
We will not be liable for any damage to merchandise or personal injury that may arise where the merchandise is purchased unassembled. No refunds /exchange will be entertained for merchandise that has been assembled by you/your representative.
12. Merchandise warranties:
12.1 All merchandise will carry a one year supplier warranty against latent defects unless otherwise stated.
12.2 Our couches all come standard with a lifetime warranty on the frames.Please note that you will need to supply your original proof of purchase when making any claims in this regard.
12.3 Kindly consult your store manager on how best to care for your merchandise. In this regard, please note that leather and timber merchandise have natural markings and colour variations due to the nature of the product and these are not defects/signs of damage. All claims are subject to assessment by our trained staff and decisions made are at the discretion of the branch manager.
12.4 This warranty will not apply where goods have been altered after leaving the control of Wetherlys
12.5 This warranty will not apply where the consumer subjected the goods to abuse or misuse.
12.6 This warranty will not apply when the consumer disregarded the supplier care instructions
12.7 No other warranties, representations or guarantees apply in respect of the merchandise.
13. Cheque Payments:
Wetherlys preferred methods of payments are EFT or Credit/Debit cards. Should you choose to pay by cheque, this may take up to 14 business days to clear. For special orders (CMT), your order will only be processed after the cheque has cleared. All payments must be in local currency (ZAR).
