Terms and Conditions

When reading through the Terms and Conditions, the Privacy Statement and Disclaimer as well as any and all of the agreements, the following terminology is applicable:

  1. Client will apply to you, the person who is using this website and thereby accepting the Terms and Conditions set by the Company.
    2. The Company, ourselves, our, we and us will apply to The Bed Company
    3. Parties, Party and Us, will apply to both the client and ourselves (The Bed Company) or it can apply individually to the client or individually to The Bed Company.
    4. Terms will apply to the offer, acceptance and/or consideration of payment that is needed for us to give assistance to a client in an appropriate manner such as a formal meeting or for the purpose of meeting a client’s needs as set in The Bed Companystated services and products as it relates to South African law.

The terminology written above when used as the plural, singular or capitulation variation of the words, will be seen as interchangeable and as such it will be seen as the same thus meaning that the Terms and Conditions apply and that the laws surrounding the terms and conditions also apply.

Privacy Statement

Protecting your privacy is a pledge that The Bed Company is committed to. Only those employees who are authorised to handle your private information are allowed to do so in accordance with our privacy statement. To keep our services at a high standard, The Bed Company ensures that the data storage and collection systems are kept up to date and up to a high standard. Offences recognised in the eyes of the law have been created with regards to unauthorised actions used on computers and data systems. The Bed Company will undertake to investigate any of these actions in order to bring offenders to justice and in order to recover any lost information.

Confidentiality

The Bed Company views all information provided by the client as confidential and will not share information to any third parties with the exception of the manufacturers and, if legally required, the relevant authorities. The Bed Company requests that clients keep copies of the information that is related to the provision of services from The Bed Company. When appropriate and/or necessary The Bed Company will give clients copies of documentation, information and contacts for the clients own use, relating to the contract agreed upon.

The Bed Company will only communicate with clients on matters relating to the agreement made between the client and The Bed Company. We will not share, sell or send any contact information or confidential information to any third party for the purposes of marketing or otherwise.

Disclaimer

Limitations and Exclusions

Any information provided and included on this website is given on an “as is” basis.
As permitted by the fullest extent of the law, The Bed Company:
Excludes all of the representations and warranties that are related to the website and the content, including text and images, which are included on the website. This includes content provided by affiliates and any third parties which are related to any mistakes in the information or information left out of the website or as it relates to the company’s literature.
Excludes any damages that might be as a result of the use of this website or as a result of a connection with this website. Without any limitations damages will include loss of profits, loss of business (whether the losses could be foreseen or not) any damage to the computer and/or other device used to access this company’s website, any damage to the computer systems software, systems or programmes or the loss of data, either directly or indirectly as a result of the use of this website.
The Bed Company does not exclude liability for events caused by the negligence of this company such as death or injury.
E&OE: Errors and omissions excepted. Prices may change without prior notice.
The limitations and exclusions mentioned above are only applicable where they fall under the scope of the law. No statutory rights of the client are affected.

Payment

The following methods of payment are accepted by The Bed Company: cash, all major debit and credit cards, PayPal transactions and electronic transfers. Payments for The Bed Company products need to be made in South African Rand and in accordance with our company policies all payments need to be made in full before the goods being purchased are delivered. The Bed Company products will remain the property of this company until such time as the goods are paid for. Should unpaid products be delivered to you we reserve the right to claim the money owed to us via the use of collection agencies and through small claims courts if the amount outstanding is not more than R12 000. Should this event arise, you will be liable for covering the administrative costs such as the costs of going to court.

100 Day Comfort Trial

Take advantage of our 100 Day Comfort Trail, if you don’t love your new bed, we’ll gladly exchange it.

Buying a new bed is not something you do every day and given the long-term investment it is; we would like to make this process as easy as possible for you.

How does it work?

We know that even after you have taken a lot of time in your selection, sometimes you just require a different level of comfort.  All we ask of you is that you give your new bed enough time to get used to it. Most people need a couple of weeks for their bodies to make the transition between the old and new bed. By taking your time testing your new bed, you can be sure you’re making the right decision.

Conditions for the 100 Day Comfort Trail

  1. We ask that you invest in a waterproof mattress protector.
  2. You can exchange your bed for another of equal or higher value.
  3. A difference in lower priced models is non-refundable.
  4. If you make use of the 100 Day Trail, you are responsible for the delivery costs
  5. Products used in the 100 Day Comfort trail cannot be refunded, only replaced with an alternative product.
  6. Unused, sealed products qualify for a full refund under the refunds policy.

Cancellation Policy

When shopping with The Bed Company, we would like to ensure your comfort and your peace of mind, and so we have included a Cancellation Policy in our Terms and Conditions. Any unused, still packed item, packed in its original packaging, which was purchased from The Bed Company can be returned within 14 days of the purchase regardless of the reason for it being returned.

Refunds Policy (Unused Products)

Should you not be 100% satisfied with any product purchased at The Bed Company we will refund you in full. Refunds will only be considered under the following conditions and such requests will be handled in the following way:

  1. The product to be returned must be returned in their original packaging and they must be unused.
    2. The product must be in their original condition.
    3. Any custom-made products cannot be returned.
    4. Products with a custom design, fabric or colour choice cannot be returned.
    5. Transportation costs of returned products, when they need to be collected by The Bed Company, will be covered by the client and such costs will be covered by part of the refund.
    6. Any transportation costs that are more than the amount the client originally paid for will also be deducted from the refund.
  2. Products used in the 100 Day comfort trail do not qualify for a refund.

The refund will be issued within 30 days of the product being returned, and if the product being returned meets the above requirements.

Availability The services stated on the The Bed Company website are only available in South Africa unless it is otherwise stated. The advertising associated with The Bed Company is only intended to be used for the South African market. No part of this website, including content, may be reused in any way unless written permission has been given by The Bed Company. The Bed Company does not guarantee that the services offered by this site will be error free, uninterrupted or timely, however this company does undertake to provide consistent services through this website. When using the services offered by the The Bed Company website you are indemnifying the company, its agents, its employees and its affiliates against any damage or loss associated with the website regardless of the manner in which it was caused.

Log Files

The Bed Company makes use of IP addresses to analyse trends, administer the site, track the movement of users and collect the information of the demographics using the website. The IP addresses are not linked to individuals, so identities cannot be recognised. Our system is able to keep a log of the standard access information that a user makes use of including browser type and URL referral and this is used for the systems administration to keep the website well maintained and to prevent errors from occurring in the future. This helps to make the overall use of the website more effective.
Links to the The Bed Company website
You are not allowed to create links to this website without prior written permission from The Bed Company. Creating links to this website is done at your own risk and the exclusions and limitations set out above will apply.

Links from this website

The content that is placed onto those websites connected to this one are neither checked nor reviewed by The Bed Company. Any of the materials or opinions which may be found on those websites linked are not endorsed or shared by The Bed Company. The Bed Company should not be thought of as the publisher of content and materials on those websites that are linked. The Bed Company would like to encourage those who visit the sites linked from this one to pay express attention to the privacy statements that are placed on those websites. We also encourage those visiting sites linked from this website to check the trustworthiness and the security of the website before entering the site and especially before giving away any information about yourself to the site owners. We do not take any responsibility for any losses or damages experienced when visiting a website linked to the The Bed Company website.

Copyright Notice

Copyrights and other intellectual property rights that exist and are related to this website are applicable to all text on this website.

Communication

Different email addresses have been created for different purposes, i.e. different services have different email addresses in order to get your queries to the right person. All of the methods that can be used to contact The Bed Company can be found on the contact page of the The Bed Company website.

Force Majeure

In the event that a situation arises that is out of the hands of the parties involved, such as an act of God, war, political insurgence, rioting, terrorism, natural disasters, civil unrest or any other such event, which causes the agreement to be terminated neither party to the contract will be held liable for the agreements termination. The causes of the termination will need to have been reasonably unforeseen in order for force majeure to be applicable. Either of the party who experiences an unforeseen situation under force majeure will need to inform the other party and must strive to continue forward with the Terms and Conditions as set out in the agreement.

Waiver

Failure on behalf of either party to ensure that the agreement is followed through and/or the failure of either party to correct this, he or they shall not enforce a waiver of the agreement and will not be able to create a limitation of any of the obligations listed in the Agreement. A waiver shall only be effective if both parties have stated so and signed to the agreement.

General

As a person using this website, buying products from The Bed Company or using any of the The Bed Company services, you are agreeing to the Terms and Conditions that are set out in this document as well as agreeing to the jurisdiction of the South Africa courts in legal matters, such as non-payment, that may arise between you and The Bed Company. Should any of the terms set in the Terms and Conditions document (including those set in the limitations and exclusions) then such Terms as these will be set aside while the rest of the Terms and Conditions will remain valid. Should the Smith’s Bed Company CC fail to enforce any of the terms set out in the Terms and Conditions will not be considered a waiver in the contract and it shall not be considered as an act that will affect the Terms and Conditions or any Agreements and it will also not affect the ability to later reinforce the Terms and Conditions or Agreements. Only if it is in writing can the Terms and Conditions be changed, amended, supplemented or varied in any way, and the written agreement of the changes will need to be signed by the representatives of the company who have been authorised to do so.

Notification of Changes

The right to make changes to the Terms and Conditions when the need arises is reserved by The Bed Company and should you continue to use this website and our services you will be agreeing to the revised Terms and Conditions. Any changes made to the privacy policy will be announced on The Bed Company homepage as well as on other pages. Email or postal communication will be sent to those who will be affected by any changes that are made to the use of the information that can identify the user and that is related to their personally identifiable information. 30 days before the changes are enforced in the privacy policy, The Bed Company will inform those who will be affected by the changes. We also request and advise all of our existing clients to visit the Terms and Conditions page occasionally to make sure that you, our client, are well versed in any changes that might have been made.
By visiting this website you are agreeing to the Terms and Conditions that are set out by The Bed Company. The parties to these Terms and Agreements are the Client and ourselves. By using this website and/or by purchasing a product from The Bed Company you are indicting that you understand the agreement and the purchase, and you are accepting the Disclaimer Notice and everything that has been set out in the Terms and Conditions. The statutory consumer rights will be unaffected