TERMS AND CONDITIONS

TERMS AND CONDITIONS

This website, located at  or any of our affiliated sites including mobile and/or Internet applications or “apps” (collectively, the “Site”), is provided by DESIGN COLAB/ DESIGN LAB . (DESIGN COLAB/ DESIGN LAB , “we,” “our,” or “us”) to the person accessing this Site (“you,” “your”).

You Agree to These Terms by Using This Site:

Your access to, and use of, this Site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use.

DESIGN COLAB/ DESIGN LAB may, at any time and without notice, modify these Terms of Use by revising them on the Site. Your continued use of the Site constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms of Use. You cannot modify these Terms of Use. These Terms of Use only can be modified in a writing signed by DESIGN COLAB/ DESIGN LAB . If you do not agree and accept, without limitation or qualification, these Terms of Use, you must stop your use and exit the site immediately.

PERMITTED USE OF THE SITE; TERMINATION

The information and materials on this site are provided for general informational purposes. You may use this site solely for the purpose of learning about and/or purchasing DESIGN COLAB/ DESIGN LAB or its services and products. You may not use, reproduce, or distribute the text, graphics, downloads, tools, or any other content on this Site for any other purpose.

You agree that DESIGN COLAB/ DESIGN LAB may, without cause or prior notice, immediately terminate your DESIGN COLAB/ DESIGN LAB membership, any promotion, accumulated reward or virtual currency associated with your membership and/or email address, access to your membership page, access/participation in any special marketing groups, access to our blog, access to or participation in any promotions or contests, or access to any of our social networking pages, in accordance with the these Terms of Use. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your membership may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies DESIGN COLAB/ DESIGN LAB may have at law or in equity.

Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership deletions), (d) discontinuance or material modification to the Site (or any part thereof), (e) technical or security issues or problems, (f) inactivity, (g) engagement by you in fraudulent or illegal activities, (h) non-payment of any fees owed by you in connection with the Site, and/or (i) no cause at all.

Termination of your DESIGN COLAB/ DESIGN LAB membership includes (a) removal of access to all offerings and features on the Site, (b) deletion of your password and all related information, files, and content associated with or inside your membership page (or any part thereof), and (c) barring of further use of your membership. Further, you agree that all terminations for cause shall be made in DESIGN COLAB/ DESIGN LAB’s sole discretion.

You may terminate your membership, this Agreement, and your right to use your membership at any time and for any reason or no reason, by contacting us at iinfo@designcolab.co.za

NOTICE; ELECTRONIC COMMUNICATIONS

  • When you visit this Site, send emails to DESIGN COLAB/ DESIGN LAB , or when we post notices on our site or services or communicate with you via email, you are communicating with us electronically. This section informs you of your rights when receiving electronic communications from us. By accessing and using the Site, you consent to receive communications from us electronically. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with DESIGN COLAB/ DESIGN LAB .
  • We may also use your email address to send you other messages, such as changes to features of our service, newsletters, and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these types of promotional communications from us, you may select the unsubscribe link which is present in each email. Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates.
  • Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption. 
  • You acknowledge that DESIGN COLAB/ DESIGN LAB reserves the right to log off, delete, or disable memberships that are inactive for an extended period of time. You further acknowledge that DESIGN COLAB/ DESIGN LAB reserves the right to modify these general practices and limits from time to time.
  • In the event that a product is mistakenly listed at an incorrect price or with incorrect specifications, DESIGN COLAB/ DESIGN LAB reserves the right to refuse or cancel any orders placed for product listed incorrectly, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is cancelled, DESIGN COLAB/ DESIGN LAB shall issue a refund to you in the amount of the incorrect price charged. In no event shall DESIGN COLAB/ DESIGN LAB be obligated to provide you the merchandise at the incorrect price.
  • The colours shown on the Site may be influenced by the settings of your computer or your monitor. Accordingly, makes no guarantees that any actual colours of products or features will be true or accurate.
  • A lot of our products are handmade and will sometimes not exactly match the colour, shape, size or finish of that depicted in the product image and product description online.  This is seen as a unique feature of hand crafted products, rather than an imperfection or defective product.

INTELLECTUAL PROPERTY

  • Unless otherwise noted, the design of the Site, the Site as a whole, and materials that are part of the Site (collectively, “Contents”) are copyrights, trademarks, trade dress, or other intellectual property owned, controlled, or licensed by DESIGN COLAB/ DESIGN LAB or its affiliates. The Contents, including its trademarks such as DESIGN COLAB/ DESIGN LAB may not be used by you for any commercial purpose without DESIGN COLAB/ DESIGN LAB’s written consent.
  • All software used on this Site is the property of DESIGN COLAB/ DESIGN LAB or its software suppliers and protected by copyright laws and may not be used for any purpose by you. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.

SHIPPING

  • DESIGN COLAB/ DESIGN LAB will not be held liable for failure to deliver your purchased products due to incorrect shipping details provided by you (the buyer) or failed delivery on buyer / client’s part where the client is non reachable at the provided address after two delivery attempts.  
  • It remains the responsibility of the client / buyer to reach us (DESIGN COLAB/ DESIGN LAB ) to correct this and the client be responsible to settle any additional shipping fees if applicable. 
  • Your total shipping charge for all products (with the exception of furniture) is calculated as the greater between total actual item weight or volumetric weight for all the products within your order.
  • All rates are calculated using a door to door courier economy service.
  • For any orders in excess of 500kg (greater of either actual or volumetric weight), please contact us for a current (live) shipping quote. If you proceed to checkout, you will still be liable to pay the shipping fee before your order will be shipped.
  • Please note that shipping on all furniture items will vary and is calculated based on area, size of item(s) and accessibility.  
  • Certain larger furniture items will require a live shipping quote from DESIGN COLAB/ DESIGN LAB before proceeding to checkout as these does not fall within our standard courier pricing.
  • These items will state this in the product description.
  • If you proceed to checkout and pay for your order that still requires a shipping quote, you will be liable to settle the additional shipping fee quoted by DESIGN COLAB/ DESIGN LAB before your order will be shipped.
  • DESIGN COLAB/ DESIGN LAB offers a standard furniture delivery service to the ground floor of the delivery address property only and we do not provide hoisting or special moving delivery options (i.e. transporting via elevator or carrying up stairs) of any furniture whatsoever
  • We use a third party standard delivery company who does not offer these type of services.  
  • If you live above ground floor and require furniture items to be delivered to your floor, it is your own responsibility to make your own additional arrangements and we will only deliver furniture to the ground floor of the delivery address you provided.  Once we have delivered your order to the ground floor, the responsibility of that item becomes that of the customer and we will not be liable for damages caused after delivery by DESIGN COLAB/ DESIGN LAB.
  • For international shipping, please contact us on info@designcolab.co.za for a live shipping quote.  Please ignore the shipping rate listed at checkout.  If you proceed to checkout without contacting us for a shipping quote first, you will still be liable to pay the fee.

STORE DISCOUNT CODES

All store discounts are extended as a gift and not an obligation by DESIGN COLAB/ DESIGN LAB and is not physical currency. Therefore no discount codes or coupons are exchangeable for cash or refunds. Any discount code or coupon extended must be entered at checkout to qualify for the discount offered. DESIGN COLAB/ DESIGN LAB is under no obligation to fulfil any discount if neglecting to enter the code at checkout.

PRODUCT AVAILABILITY

Whilst DESIGN COLAB/ DESIGN LAB will always try it’s utmost best to only list products that are available and in stock, please note that we sell products supplied to us by local suppliers and will not be held liable if a product becomes unavailable since the product has been listed. In the event that a customer purchases a product(s) in the online store and DESIGN COLAB/ DESIGN LAB gets notified by the supplier(s) that a product has been discontinued or unavailable for the unforeseeable future, DESIGN COLAB/ DESIGN LAB has the right to remove that product from the online store, not fulfill the order and refund the client for any monies spent.  

ONLINE TERMS AND CONDITIONS

Please be advised that the prices displayed on the Website are subject to change without notice and products are subject to availability. All photographs of products are provided as a guide only. The colour of products may appear differently to the actual colour, due to the resolution of individual monitors, computers, devices, or lighting variations. Please contact us or visit our premises if you wish to enquire as to the availability and appearance of any products.

CONTRACT

These Terms and Conditions of Sale apply to Customers (“You”) requesting quotations, placing orders, or submitting tenders (“Orders”) to DESIGN LAB/ DESIGN COLAB (“Us”, “We”, “Our”).

Our acceptance of Your Order brings into existence a legally binding contract between You and DESIGN LAB/ DESIGN COLAB.

60% of the quotation value of your Order is payable upon your acceptance of the quotation.

PRICES

Prices quoted are taxable.

Delivery charges are not included in our prices and an additional delivery cost must be charged for deliveries.

If the prices stated in the Our quotations are subject to a discount or special price, such discounted or special pricing shall be applicable only if payment is made by or before the due date for payment.

ORDERS & QUOTATIONS

Quotations are valid for 14 days.

We generate quotations based on the information and measurements provided by You or Your consultant, interior designer or decorator on Your behalf, and it is incumbent upon You to ensure that the measurements and descriptions provided to us are correct.

You irrevocably agree to verify and confirm any measurements, and descriptions of materials and textiles stated on Our quotations prior to confirming Your Order.

We accept no liability of whatsoever nature for incorrect measurements or incorrect descriptions of materials and textiles.

CUSTOM ORDERS

We provide custom designs and to-specification Orders at Your special written request.

Any specifications must be provided to Us within a reasonable time to enable timeous delivery of Your Order.

Please choose carefully when you place a custom Order, in the event of a cancellation, You will be liable for the full price of the custom item.

ORDER AMENDMENTS

  • Once your order has been confirmed any request for subsequent changes must be sent in writing.
  • No guarantee will be given that the requested change can be made.
  • Any variations or alterations to goods manufactured at Your request will be for Your account, which amounts shall be calculated at our prevailing rates for material, time, labour, and transport costs.

TERMS OF PAYMENT

  • 60% of the quotation for your Order is payable upon your acceptance of the quotation. No works will commence on Your Order until the deposit reflects in Our account.
  • The full outstanding balance shall become due and payable prior to delivery if no installation is required.
  • Any dispute in respect of the goods or services or claim against Us shall not constitute grounds upon which to withhold payment. Any complaints, claims, or disputes shall be resolved in accordance with the appropriate channels.
  • Ownership of the goods shall not transfer to You until We have received payment in full of the all amounts owing to DESIGN LAB/ DESIGN COLAB by You without set-off, counterclaim, or other deduction save as required by law.
  • Delinquent payments on any owing amount shall bear an interest equal to the prevailing prime rate of Our bank from time to time, plus 2% on the amount due and shall be calculated from the due date until payments are received by Us.

UPHOLSTERY – FABRIC, TEXTILES, AND LEATHER SUPPLY

  • While We prefer to order fabrics, textiles, or leather on behalf of Our customers, We may accommodate requests by You to supply/specify Your own materials.
  • When Your own material is supplied the onus is on You to ensure that the material is fit for purpose, and free of any defects or flaws. We reserve the right to reject materials deemed unsuitable for upholstery on our goods.
  • Please ensure that Your materials are appropriately packaged and clearly marked with your name, Order number and project name.

SPECIFICATIONS

  • All Our drawings, dimensions, samples, descriptive matter and online or in-store specifications are intended as a guide only. DESIGN LAB/ DESIGN COLAB reserves the right to change, alter, or modify the design, dimensions, construction, and costing of any item displayed in-store or online without prior notice.

DELIVERY & PRODUCT LEAD TIMES

  • Risk in the goods shall pass to you upon delivery.
  • Our earliest estimate delivery periods extend between six to eight weeks following receipt of payment of the deposit in full.
  • Custom orders and bespoke designs will hold a varying delivery time, and will be confirmed with you upon receipt of payment of the deposit in full.
  • While we endeavour to effect delivery on the dates and times provided to You, delays do not constitute a breach of the Agreement and We shall not be liable for any resulting damages.
  • Failure to provide Us with all relevant information or subsequent requests for order amendments timeously may impact on the estimated delivery dates.
  • Prior to delivery You agree to provide Us with full written details of any difficulty to access considerations. Unusual or difficult deliveries include, but are not limited to, removal of doors, hoisting furniture, or carrying goods upstairs. We reserve the right to charge additional costs for unusual or difficult access deliveries.
  • You shall ensure that all existing furniture, valuables and fragile or breakable items are removed from the route or room prior to delivery of the goods.
  • Our contractors shall not move, reposition or rearrange existing furniture.
  • Electrical work is not provided, the installation team is not qualified to disconnect or reconnect any electrical equipment.
  • We offer storage facilities of the goods up to and until the delivery date. If you are unable to accept delivery of the goods on the delivery date a storage fee will be payable.
  • DESIGN LAB/ DESIGN COLAB shall not be held liable for any damage, injury or loss howsoever arising from the actions or omissions of its employees or contractors.

INSPECTION

  • Inspection of the goods must take place upon delivery and any damage must be noted on the delivery note presented to You by the delivery contractors for signature.
  • Notification of any damages or shortages upon delivery must be submitted to Us within 24 hours of delivery.

RETURNS & EXCHANGES

  • Please choose carefully as all sales are final.
  • Our goods are crafted to order and we do not give refunds on custom made items under any circumstances.
  • We do not offer refunds for change of mind.
  • Should you receive an item that is faulty or damaged, please contact us immediately.
  • In the event that the goods are grossly defective, We shall repair or replace the goods or accept the return of the goods in exchange for credit in terms of the Consumer Protection Act.
  • We will only accept products in their original condition with tags attached, accompanied with the receipt and all original packaging.
  • Goods will be inspected upon return and exchanges will be issued for the original value of the product only — excluding any delivery costs.

GENERAL

  • These Terms and Conditions of Sale together with the quotation constitute the whole agreement between the parties as to the subject matter contained in the Terms and Conditions of Sale and, no agreements, representations or warranties between the parties regarding the subject matter hereof other than those set out herein are binding on the parties.
  • No addition to or variation of or any waiver of any right arising from these Terms and Conditions of Sale shall be of any force or effect unless reduced to writing and signed by the parties or their duly authorised representatives.
  • You agree that no indulgence whatsoever by Us will affect the terms of these Terms and Conditions of Sale or any of Our rights and such indulgence shall not constitute a waiver by Us in respect of any of Our rights herein.
  • The parties hereby consent to the jurisdiction of the Magistrates Court in terms of Section 45 of Act No. 32 of 1944 (as amended) notwithstanding the a foregoing, the parties shall be entitled to institute legal proceedings in connection with these Terms and Conditions of Sale in any other court in South Africa having jurisdiction.