Before submitting your order, please review these Terms and Conditions.

Bravoplex 212 cc t/a Born Furniture Manufacturing, herein-after referred to as Born Furniture, wants you to be well informed on every aspect of your purchase; from the moment of your purchase to the day you show off your furniture to family and friends.

Before You Submit Your Order, Please check the Order Form prior to submitting it, in order to ensure accuracy of the item numbers, sizes, finishes, and fabrics.  Your order will be placed exactly as submitted.  It is also important to take measurements to make sure the furniture you are purchasing will fit through your house and can be placed in the area of your choosing.  All measurements shown on the web site are given by the factory and are from the actual measurement of the item once produced and received.  On our website, we strive to provide an accurate representation of the finishes; however, due to changes in lighting and a wide variety of resolution qualities on different computer monitors, some colour variation is possible. To determine the exact colour of a finish, we suggest that you examine the actual product or see if a finish sample is available.

The prices displayed on our website are quoted in South African Rand inclusive of Value Added Taxation (‘VAT’) (If Applicable) and are valid and effective only in South Africa. Prices are subject to change. Products and prices displayed on this site may vary from time to time and are subject to availability of raw material. Born Furniture or its agents shall in no way be held responsible for any errors or misstatements emanating from this website. Except where noted otherwise, the prices displayed on our website for our products represent the full retail list price of the product itself, including VAT (When indicated). Despite our best efforts, a small number of the items may be incorrectly priced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

3.  Deposits.   A 50% deposit is required on orders except those listed below.  When the furniture arrives at our distribution centre, you will be notified and required to pay the balance by EFT or credit card if facility is available.  A 100% deposit is required on any custom orders or re-upholstering orders.

4.  Custom Orders – An order is seen as a custom order when the customer requests any changes to any of our products at the time of ordering or any time thereafter, or requests a total new design from their own sketch or photo. The change of fabric or leather is not seen as custom, although it might prolong delivery.

THERE ARE NO RETURNS OF CUSTOM OR RE-UPHOLSTERY ORDERS FOR ANY REASON.

5. Re-upholstery. We do not guarantee your old frames under any circumstances. Therefore there are no warrantees of any kid on reupholstering of old or second-hand furniture.

6. Split Shipment.  If a split shipment for any item on your order is approved, you will be required to pay the MISCELLANEOUS TERMS balance on the delivered items and to maintain a fifty percent (50%) deposit on the remaining items (unless the remaining items require 70% – 100% deposit).  Additional delivery charges may also apply if the split shipment is due to any action from the client’s side.

7.  Change of Orders.  Order changes will be allowed only when Born furniture has the ability to change the order before fabric or leathers was ordered or allocated.  Each permitted order change will require an R75.00 handling charge.  Requests for order changes must be in writing and signed by the customer and must be sent by FAX or email.

8.  Cancelled Orders.  You may cancel your order at any time after placing your order.  If your furniture has already been manufactured, you will be responsible for a 50% restocking fee. If at the time of delivery you decide you do not want the furniture or thought it would match your decor better, you can refuse the shipment, at this point you would only be charged the delivery fee and up to a 50% restocking fee.  After our delivery team has left your house and you decide to return the furniture, simply return the furniture to us at your expense and we will gladly give you a refund less up to 50% restocking fee.  You may contact us at any time to check the status of your order. If furniture orders are cancelled after 5 days of delivery, no refund will take place until the set is sold. Refunds might be 50% if the set is still in its original packaging.

9.  Delivery Charges.  Quotes for delivery charges are based on normal delivery conditions. The delivery quote you receive is guaranteed to be within 10% of the quoted price not withstanding any Special items.  Special items must be agreed upon at the time the order is placed.  (Examples:  limited hours of access to your neighbourhood, building or freight elevator, limited access to your home by large trucks, More than one flight of stairs, etc.)  The customer will be responsible for all delivery charges including those which exceed those quoted by Born furniture.

10.  Expected Time Of Delivery.  The delivery times depends a great deal upon availability of Fabrics, leather and special part.  If the items are in stock at the factory, we average a 21 working days for delivery in all major centres.  There is a great chance you will receive your items quicker and we will always do everything we can to ensure timely delivery.  Please Note:  These are estimates, not guarantees.  When it comes to delivery times, we are at the mercy of the manufacturers, tanneries and the Factory.  Normally we are able to pick up your furniture from the factory within 2-3 weeks of your order.  At that point your furniture will be on the next truck to your area which is every week to all major centres.  If we see there’s going to be an unusual delay in your shipment, we will notify you.  **Upholstery orders may take longer than our estimates due to manufacturer production lead times.

11. Holding Your Order.   You will be notified when your order is received at our distribution centre.  Orders held at our distribution centre more than thirty (30) days after notification at the customer’s request may be assessed a nominal storage fee by the distribution centre.

12.  DELIVERY OF FURNITURE  Pre-delivery.  You will be notified when your furniture arrives at the distribution centre and a delivery will be scheduled shortly thereafter.  You may, of course, choose to pick up your furniture directly from our distribution centre yourself or have it delivered through another delivery service or carrier.  While this procedure is welcomed, you should be aware any furniture picked up in this manner will be treated as an “AS IS” purchase and may not be returned for any reason.

The movers travel hundreds of miles and make numerous deliveries.  The delivery service will make every effort to meet your scheduled delivery time, but please remember delays may occur due to circumstances beyond the driver’s control.  Have your rooms and pathways to your room(s) cleared and ready for delivery as the drivers cannot move existing furniture.  If you cannot be present at the time of the scheduled delivery, please make arrangements to have a responsible representative present to fully inspect and accept the furniture on your behalf.  The signature of your representative on the Bill of Lading binds you with respect to all aspects of the acceptance of the delivery including the condition of the items delivered.  If any items are still in the way of the newly delivered furniture and must be moved by our delivery team, extra cost may occur.

13.  Delivery.  Delivery is made by Born furniture or  a third party courier service, who specialize in delivering furniture.  If the location of the delivery is not accessible by our delivery truck, it is your responsibility to provide transportation from the truck to the location of delivery.  If your order is undeliverable for any reason, the furniture will not be delivered and you will be charged with the freight charge and will be responsible for collecting your furniture from our warehouse.  If the movers have difficulty placing an item in the area of your choosing due to limitations such as narrow halls, stairways, corners or ceiling heights, the items will be placed in another area of your home.  If you insist the movers manoeuvre an item in a difficult situation, you will be responsible for any resulting damages to the furniture and the premises.  The movers are not permitted to set up baby cribs nor any items that attach to walls.  The movers are not permitted to dispose of packing materials and those items will be left with you.  Please carefully review the section entitled “Damaged Furniture.”

14.  Defective Furniture.  The furniture sold by Born furniture is warranted by our Factory, except if it is items manufactured by a third party.  All merchandise we sell not manufactured by Born furniture is from reputable companies with excellent quality control, but defective items are occasionally shipped.  In most cases, defects are of minor nature and can be cleared up in the home by a professional furniture technician.  In the event you receive an item you feel is defective, please send us photographs clearly showing the defect along with a written description so that we can assist you with submitting the claim to the manufacturer.  While none of our suppliers offer refunds for defective furniture, the manufacturer will be willing to repair or replace the item if the situation warrants.  Born furniture SHOPS WORKING WITH THIRD PARTY MANUFACTURER WILL DETERMINE IF AN ITEM NEEDS TO BE REPAIRED OR REPLACED.  Natural flaws and imperfections in wood add to a piece’s beauty and charm and should not be viewed as damages or defects.  Natural leather varies in colour and veining, and there is no control over veining or colour.  Due to the substantial discounts offered by Born furniture minor legs and latch alignments as well as minor touch-ups are the customer’s responsibility.

15.  Damaged Furniture.  Occasionally, the furniture may experience minor damage during shipment or it may contain manufacturer defects.  Please take your time an inspect all the furniture upon delivery and denote any damages or defects on the delivery ticket (bill of lading), as it is much easier to have these problems corrected when denoted on the delivery ticket.  PLEASE DENOTE ON DELIVERY SLIP EVEN IF YOU KEEP AN ITEM

If your delivery cannot take place during our normal business hours, 9-5 Mon. – Fri  9 – 12, please call us and we will help you determine what to do.

If your delivery is taking place after our normal business hours please contact our consultant at the specific branch and they will help you determine what to do.  The phone number will be provided before your scheduled delivery time.  If you have misplaced the number the delivery team will be able to give you the number.

If you are directed to keep the piece of furniture that is damaged we will we have a professional furniture technician come to your home and correct the problem.  If the problem is not corrected back to or better than manufacturer standards, we will have a new piece sent to you at no additional cost.  If you are directed to refuse the item we will have it replaced or repaired (per our manufacturer’s recommendation) and redelivered to you at no additional cost.  In the event an item is returned you may request a loan item until the item is returned to your home.  Please take your time and inspect the furniture upon delivery, as it is much easier to have any problems corrected if they are noted on the delivery receipt.  For extremely simple fixes such as replacing a broken handle, we will courier the parts to you and ask you to install them.

In terms of the consumer protection act, the consumer has an automatic right to have defective goods refunded, replaced or repaired. This right exists for the first six months after purchase and, for a further three months from over and above any terms that a company may provide. Paragraphs 12 and 13 of this agreement will therefore only take effect after the period prescribed in the act.

16. MISCELLANEOUS TERMS.  Title to Goods.  Title to goods only passes to you at the time of delivery if all outstanding moneys are paid in full.

17.  Jurisdiction and Venue.  Any dispute relating in any way to your visit to Born furniture or to products you purchase through Born furniture CFS shall be submitted to arbitration by law, except that, to the extent you have in any manner violated or threatened to violate Born furniture intellectual property rights, Born furniture may seek injunctive or other appropriate relief in any court within South Africa, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement.

19.  Unpaid Balances.  No warranty or any guarantees comes in effect before all balances are paid in full. Any balance more than thirty (30) days past due shall bear interest at the rate of ten percent (10%) per annum.  In the event collection efforts are necessary, the customer shall be responsible for all expenses of collection including attorney’s fees and costs.

19.               THERE ARE NO EXPRESS WARRANTIES OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE THAT APPLY TO THIS SALE.  BFM OR CFS IS NOT LIABLE FOR DAMAGES OF ANY SORT INCLUDING INCIDENTAL AND CONSEQUENTIAL DAMAGES.

20.               Each clause of this Agreement shall be severable from every other clause and if any clause in this Agreement is found to be void, invalid or unenforceable for any reason by any competent court the remaining clause shall be and remain in full force and effect.

21. Born Furniture is a business in the manufacturing industry that manufactures furniture.

22. Delivery policy

Subject to availability and receipt of payment, requests will be processed within 4 days and delivery confirmed by way of email or a telephone call.

23. Customer Privacy policy

Born Furniture shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:

http://www.polity.org.za/attachment.php?aa_id=3569.

24. Payment options accepted

Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Born Furniture bank account, the details of which will be provided on request.

25. Card acquiring and security

Card transactions will be acquired for Born Furniture via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the

website. Users may go to www.paygate.co.za to view their security certificate and security policy.

26. Customer details separate from card details

Customer details will be stored by Born Furniture separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.

27. Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

28. Responsibility

Born Furniture takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

29. Country of domicile

This website is governed by the laws of South Africa and Born Furniture chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 373 Anton van Niekerk street, Faerie Glen

30. Variation

Born Furniture may, in its sole discretion, change this agreement or any part thereof at any time without notice.

31. Company information

This website is run by Born Intelligence cc based in South Africa trading as Born Intelligence and with registration number

32. Born Furniture contact details

Company Physical Address: 92 Mosaic road Silvertondale, Pretoria.

Email: support@bornfurniture.com

Telephone: 012 804 0948