Terms & Conditions

Detailed Description of Good and / or Services

Ascot Beds & Furniture is a business in the Bed and Furniture industry that markets Beds, Mattresses, and Furniture.The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

Introduction

  1. This website can be accessed at www.ascot.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Ascot Beds & Furniture Online (“Ascot”, “we”, “us” and “our”).
  2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
  3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” Or “Checkout” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
  4. The Website enables you to shop online for an extensive range of goods including Beds, Mattresses, Furniture, Mattress protectors, and more (“Goods”).

Important Notice

  1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
  2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
    1. may limit the risk or liability of Ascot or a third party; and/or
    2. may create risk or liability for the user; and/or
    3. may compel the user to indemnify Ascot or a third party; and/or
    4. serves as an acknowledgement, by the user, of a fact.
  3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
  4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Ascot to explain it to you before you accept the Terms and Conditions or continue using the Website.
  5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Ascot in terms of the CPA.
  6. Ascot permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
  7.  Ascot is not obliged to accept any transaction or order made by a consumer on a product with the incorrect price offer. This principle applies to online transactions.
  8. Certain sections of the CPA do not apply to electronic transactions if ECA applies to them.
  9. Orders placed online through our checkout process would only be considered to be concluded once the customer’s order is accepted by Ascot.
  10. Ascot will not be bound to deliver any product that has been purchased at the incorrect price. Ascot has the full authority to cancel the order.
  11. The consumer will not be entitled to demand delivery of the product purchased at the incorrect price or to refuse receipt of a refund.
  12. Online payment does not conclude the order.
  13. Pro Forma invoice does not mean the order has been concluded. 
  14. The consumer will receive a final Invoice by email stating that the order has been concluded. If no final invoice was received by email your order was not concluded. 

Registration and use of the website

  1. Only registered users may order Goods on the Website.
  2. To register as a user, you must provide a unique username(email) and password and provide certain information and personal details to Ascot. You will need to use your unique username(email) and password to access the Website in order to purchase Goods.
  3. You agree and warrant that your username(email) and password shall:
    1. be used for personal use only; and
    2. not be disclosed by you to any third party.
  4. For security purposes you agree to enter the correct username(email) and password whenever ordering Goods, failing which you will be denied access.
  5. You agree that, once the correct username(email) and password relating to your account have been entered, irrespective of whether the use of the username(email) and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
  6. You agree to notify Ascot immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username(email) and password and to take steps to mitigate any resultant loss or harm.
  7. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
  8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Ascot representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
  9. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
  10. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Ascot representative.

Conclusion of sales and availability of stock

  1. Registered users may place orders for Goods, which Ascot  may accept or reject. Whether or not Ascot accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Ascot for the Goods.
  2. NOTE: Ascot will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Ascot come into effect (the “Sale”). This is regardless of any communication from Ascot stating that your order or payment has been confirmed. Ascot will indicate the rejection of your order (by Ascot itself) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
  3. Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
  4. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Ascot, Ascot will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Ascot will notify you and you will be entitled to a refund of any amount already paid by you for such Goods. 

Errors

  1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy. 
  2. Ascot shall not be bound by any incorrect information regarding our Goods displayed on this or any other websites.
  3. According to the consumer services ombudsman, it was decided that the supplier is not bound to provide the consumer with any item at the incorrectly advertised price. The Supplier (Ascot) has the full authority to cancel the order placed with the incorrect price. Therefore the supplier does not have to conclude the sale made by the consumer online through electronic payment. Ascot has the full authority to cancel any order that was made with an item with the incorrect price. Ascot will refund the customer according to our refund policy.

Customer Privacy Policy

This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.

Note, the privacy practices set forth in this privacy policy are for this web site only. If you link to other web sites, please review the privacy policies posted at those sites.

Ascot Beds & 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.dhs.gov.za/Content/PAIA/paia_manual.htm

Payment Options Accepted

  1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
  2. payment can be made for Goods via –
    1. debit card;
    2. credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
    3. direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Ascot will not accept your order if payment has not been received;

Payment may be made via Visa and Master Card credit cards or by bank transfer into the Ascot Beds & Furniture bank account, the details of which will be provided on request. Please note: We only accept 3D secure enrolled cards. NO Cheque payments will be accepted. 

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 ZAR (South African Rand).

Responsibility

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

Country of Domicile

This website is governed by the laws of South Africa and Ascot Beds & 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.

Changes to these Terms and Conditions

    1. Ascot may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

Electronic communications

    1. When you visit the Website or send emails to us, you consent to receiving communications from us.

Ownership and copyright

    1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Ascot.
    2. You will not acquire any right, title or interest in or to the Website or the Website Content.
    3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via sales@ascot.co.za
    4. Where any of the Website Content has been licensed to Ascot or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

Disclaimer

  1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
  2. Whilst Ascot takes reasonable measures to ensure that the content of the Website is accurate and complete, Ascot makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Ascot representatives, Ascot shall not be bound thereby.
  3. Ascot disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
  4. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, for a particular purpose, completeness, or non-infringement, as may be allowed in law.
  5. Any views or statements made or expressed on the Website are not necessarily the views of Ascot, its directors, employees and/or agents.
  6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Ascot also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Ascot, its employees, agents or authorised representatives. Ascot thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

Limitation of liability

  1. Ascot cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Ascot, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email sales@ascot.co.za
  2. ASCOT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
  3. YOU HEREBY INDEMNIFY ASCOT AGAINST ANY LOSS, INCORRECT PRICES, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

Availability and termination

  1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
  2. Ascot may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Ascot will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
  3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
  4. Ascot is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Ascot to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Ascot, in whole or in part, on notice to you. Ascot shall only be liable to refund monies already paid by you (see Ascot’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
  5. At any time, you can choose to stop using the Website, with or without notice to Ascot.

Governing law and jurisdiction 

  1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
  2. In the event of any dispute arising between you and Ascot, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

General

  1. Ascot may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
    1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
    2. Any failure on the part of you or Ascot to enforce any right in terms hereof shall not constitute a waiver of that right.
    3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
    4. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
    5. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
    6. These Terms and Conditions contain the whole agreement between you and Ascot and no other warranty or undertaking is valid, unless contained in this document between the parties.

Company Information

This website is run by Ascot Beds & Furniture based in South Africa with registration number ****/****/## VAT number 4790254058.

Export Restriction

The offering on this website is available to South African clients only.

Ascot Beds & Furniture contact details

Telephonic Support: 011 907 6022 | Email Support: info@ascot.co.za

Collection of Information

We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfil your specific request. This information is only used to fulfil your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

How We Use Cookies

  • Third party vendors or Ad Serving Companies, including Google and its subsidiary company Double Click, may show you ads related to products or services on this site on other sites on the internet. These ads are based on the fact that you have visited this site. This forms part of the Google Remarketing feature. Users of this site may opt out of this feature by using one of the methods detailed below.
     
  • As an example; we may request Google to server you a Text Ad on the Google Search Network sometime after you have visited this site. These ads may advise you of special offers or price reductions on products you viewed while on the site. This is made possible via information stored in your site specific cookie.
     
  • Third party vendors or Ad Serving Companies, including Google, use cookies to serve ads based on a your prior visits to this website. Cookies do not contain personal or sensitive information about the user and are commonly used across the internet by almost all websites.
     
  • Users may opt out of Google’s use of cookies by visiting the Google advertising opt-out page. (Alternatively you can point users to opt out of a third party vendor’s use of cookies by visiting the Network Advertising Initiative opt out page).
     
  • This site complies with the  Google Advertising Cookies Policy.
     
  • Further information on how Google uses and protects information related to cookies and advertising can be found here:  Google advertising privacy policies

Distribution of Information

We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.

Commitment to Data Security

Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.

We reserve the right to make changes to this policy. Any changes to this policy will be posted.

Warranties and Guarantees

Ascot Beds & Furniture only deals with recognized brands that adhere to the highest quality manufacturing standards. This is why every product sold by Ascot Beds & Furniture is backed by a manufacturer’s warranty against any defective workmanship or materials for a period of time determined by the manufacturer. This period of time will consist of a guarantee period and a warranty period.

Furniture sold on this website does not carry a warranty or guarantee.

If a claim is raised within the guarantee period there will be no cost to the customer for repairing or replacing. If the claim is raised within the warranty period, a pro-rata charge will be applied and charged to the customer.

So, if you have bought a bed with a ten-year manufacturer’s warranty this means that in the first two years (depending on the manufacturer’s terms), you will be reimbursed in full for any defective workmanship. This is known as a guarantee. After this time period, you will be asked to pay a pro-rata cost for any repairs for the remaining eight years. This is called a warranty

You will receive a manufacturers warranty and guarantee card with your purchase. 
Refer to the product you have purchased for specific warranty and guarantee details as each manufacturer offers different terms for each of the products. 

In the event of having to make a claim contact our call center on 011 907 6022. Please allow for up to two weeks for evaluation of your claim which may include an inspection of your goods. You will need to keep your proof of purchase, product guarantee or warranty card in a safe place. We recommend placing it into an envelope and inserting it between your base and mattress for safe keeping.
 

Delivery Policy

We deliver anywhere in Gauteng only.  Delivery charges are calculated on the distance from the store and will be added to your total order value.  A minimum delivery charge of R250 is applied. You will be contacted within 48 hours of your online purchase (or the next business day) to confirm a delivery day and time. While Ascot Beds & Furniture carries a wide range of beds and Furniture we strive to arrange delivery within 3 – 5 working days, certain products may need to be custom made especially for you and can take up to 21 days to be delivered. In the event delivery has to take place outside of the Metropolitan areas (long distance 150km from Metropolitan areas), delivery can take up to 10 working days. Contact 
Ascot Beds & Furniture before your purchasing for the delivery cost outside of Gauteng.

Returns Policy

Ascot Beds & Furniture is committed to service excellence. If you are not getting the service you deserve, please contact us so we can investigate any issues you are experiencing and correct them.

Returning a Purchase

Ascot Beds & Furniture respect consumer rights and you have the right to return unsatisfactory goods. We would like to make your customer experience as pleasant as possible. If you have bought any goods and you are experiencing problems with the goods and would like to return them we will be happy to assist.

  1. You may return the goods to Ascot Beds & Furniture with no undue or additional risk or expense to yourself and receive a full refund within 7 days if:
    1. You did not get the opportunity to examine the goods when they were delivered;
    2. You received a mixture of goods, i.e. you received some goods that we agreed to supply mixed with goods of a different description that you did not order;
    3. The goods you have acquired are not suitable for the purpose marketed for and described on our site at the time of purchase.
  2. Ascot Beds & Furniture will refund you the full price paid for the goods if the goods are returned in the original unopened packaging;
  3. If the goods are returned in their original condition and repackaged in their original packaging we may charge you a reasonable amount for:
    1. Use of the goods during the time they were used;
    2. Necessary restoration costs to render the goods fit for re-stocking;

Please Note:  Pillows, mattress protectors and pillow protectors are non-refundable and cannot be returned once the original seal has been opened.


Defective Goods

  1. If the goods purchased are defective; are not of good quality; cannot be used and is not durable for a reasonable period of time; and/or not in good working order; or is not compliant with any applicable standards set under the Standards Act, 1993 (Act No. 29 or 1993), or any other public regulation; then the goods may be returned to Ascot Beds & Furniture within six months.
  2. In the above event, Ascot Beds & Furniture will:
    1. repair or replace the failed, unsafe or defective goods; or
    2. refund you the price paid for the goods.

Late Deliveries

You may cancel your order if you have not received delivery within:

  1. 5 working days if the goods are in stock; and
  2. 21 days if the goods are out of stock

Note:

  1. You may not return goods if after having been supplied the goods you have partially or entirely disassembled, physically altered, permanently installed, affixed, attached, joined or added to, blended or combined, or embedded within other products or property.
  2. If you want to return goods then you must contact Ascot Beds & Furniture by:
    • Email at: sales@ascot.co.za; or
    • Call :011 907 6022
  3. If you are entitled to a refund the money will be paid back into the account you used to make the purchase and will take 10 days to reflect in your account.

Ascot Beds & Furniture values our clients and respects consumer rights and as such ensures that all our policies are compliant with the Customer Protection Act (68 of 2008) and will go out of our way to ensure your satisfaction in our goods.

Refunds 

Refunds will be initiated once all goods are returned to Ascot Beds & Furniture and will be processed to the account or credit card that payment was received from. Refunds could take up to fourteen days.

Errors and omissions excepted.