Terms and Conditions

We are Elula Furniture Cape Town (Pty) Ltd (“Elula Furniture”), Registration Number: 2022 / 331380 / 07. Our physical address is Unit 20, Gunners Park, Cnr Gunners Circle & Grenville Ave, Epping 1, Cape Town, South Africa.

These Terms and Conditions shall apply to all orders concluded by or with Elula Furniture for the sale and/or supply of products/services at our warehouse and on our online shop, elulafurniture.co.za (the “Site”). When you submit an order to Elula Furniture, give any delivery instruction or accept delivery of any products, this shall constitute your unconditioned acceptance of these Terms and Conditions. However, nothing in these Terms and Conditions affects your statutory rights.

Selected products are advertised on the Elula Furniture website (elulafurniture.co.za). Most of these products are displayed and are made to order. Details of all our stores appear on the Elula Furniture website. The availability and lead time of any of the products can be confirmed with our sales team.

While every effort is made to ensure that the product you buy, including timber and fabric products, corresponds as closely as possible to the sample shown on our website, slight differences may occur. We regret that no responsibility can be accepted for variations which add to the unique characteristics of Elula Furniture products.

To find out more about unique characteristics and care instructions please refer to Elula Furniture Care Instructions online.

The colour of all products pictured on the Elula Furniture website may appear different on various computer screens than compared to the colour of the actual products. It is recommended that clients visit our warehouse if they are uncertain of the finish or colour of a product. Clients are able to order wood samples or fabric cuttings, which will encur a delivery fee.

The onus is on the client to ensure that the product and colour they are ordering, is in fact correct.

Sizing and Dimensions

Elula Furniture will not accept liability for costs incurred by the client as a result of the incorrect or incomplete measurements or information supplied by the client, or alterations made by our factory. All dimensions specified by Elula Furniture are approximates which we will try our utmost to adheare to.

You will be provided with a quotation for all custom orders and back orders (collectively “special orders”). It is your responsibility to verify the correctness of all information on the quotation before Elula Furniture processes the order.

For custom orders, a deposit of 100% (to be finally determined by Elula Furniture depending on the circumstances) in advance is required. You may not cancel an order for special orders prior to delivery, unless Elula Furniture allows this in their discretion. In the case that the special order is cancelled, you will forfeit any deposit or amount already paid for the special order.

Lead time for special orders depends on the product, its availability and performance by Elula Furniture. The anticipated lead time will be stated on the sales order. Elula Furniture will inform you of any delays. It is acknowledged that products that are subject to special orders may differ from standard due to hand made processes and also the considerations set out in the PRODUCT INFORMATION section above and the Elula Furniture Care Instructions online. and it will be so accepted by the customer.

Lead Times

Each product carries a standard lead time of 1-3 weeks.

The lead time quoted by Elula Furniture is an estimate date of completion. Whilst every effort is made at all times to achieve the aforementioned date, there may be instances where delays are encountered that are outside of Elula Furniture’s control. Elula Furniture will ake every effort to expedite delayed lead times and will update the client throughout the process.

Elula Furniture shall aim to let you know if we are unable to meet our estimated delivery date but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

Elula Furniture offers an in-house delivery service within 40km from Cape Town City Center. All national and international deliveries are contracted to a third party.

All orders will incur a delivery fee. You will be charged for the cost of delivery which will be reflected on the appropriate invoice in accordance with the prevailing Elula Furniture policy.

You can also elect to collect goods from our factory located in Epping, Cape Town. Please make the necessary arrangements for collection with your sales representative.

All risk in the product shall pass to the customer upon delivery or collection.

The onus is on the client to inspect the product on delivery. The client (or person taking delivery on behalf of the client) will be required to sign a Proof of Delivery. Unless indicated to the contrary on the POD, it is deemed that the product delivered was received in good order and, where appropriate, in accordance with the customer’s specifications.

The onus is on the client that the place of delivery is accessible and that the area has been cleared prior to delivery. This includes the removal of all breakable objects. No products will be hoisted over balconies, or through windows unless otherwise agreed to and quoted for. In the event that hoisting is required, the client will arrange this at their own cost.

The client accepts risk of all damaged that may result due too non-compliance by the client. The client will be charged for any additional delivery costs due to failed deliveries, access problems and/or failure to adhere to the appointed time of delivery/collection. Delivery fees are non-refundable.

Deliveries can be scheduled for Saturdays per special arrangement and at an additional charge.

Reasonable endeavours will be made to deliver the product on the scheduled date and time. Circumstances that are unforeseen or beyond Elula Furniture’ control may however result in changes to the agreed delivery date and time, of which the customer will be informed telephonically or by email to make alternative arrangements.

Elula Furniture cannot be held responsible for delays in transit or delivery nor is Elula Furniture able to commit on behalf of the delivery company to a set time.

Elula Furniture offers free assembly of products bought from Elula Furniture when products are delivered by Elula Furniture’ in-house delivery service.

Product assembly by customers is not recommended. Should you opt to assemble products, kindly refer to assembly instructions included with the product. Elula Furniture does not accept responsibility for items damaged due to incorrect assembly by a customer. Such items will not be considered for returns or refunds.

If the subject matter of the sale is the particular product that is on display in the Elula Furniture warehouse as viewed by you, the customer, then the product is sold to you in the specific condition in which it is, based on your acceptance of the relevant product in that condition.

Care instructions and maintenance advice regarding the use and application of products are provided for all products.

Such instructions are available here.

• Elula Furniture warrants all of its products for a period of 6 (six) months, granted that:
• The product is reasonably suitable for the purpose that it was generally intended for;
• The product is of good quality, free of defects and in good working order and;
• The product will be durable and usable for a reasonable period of time.

Elula Furniture will only be liable to honour a warranty if:

• The defect existed at the time of delivery or collection and manifested during the warranty period;
• The defect did not arise due to normal wear and tear or misuse/abuse by the customer;
• The product concerned is used for the purpose intended and in a domestic environment (Unless the latter requirement is waived by Elula Furniture in writing); i.e. commercial use is not warranted;
• The customer duly complied with the Elula Furniture Care Instructions available online;
• The customer provides the original invoice;
• The product is assembled by Elula Furniture or by the customer in accordance with the suppliers’ specifications.

Elula Furniture warranty provides for the free repair or replacement of any faulty component within the warranty period.

After the six month statutory warranty has expired, all furniture products have an extended warranty. All furniture products have an extended warranty of 1 year, being a further 6 (six) months from the end of the statutory warranty.

It is entirely at Elula Furniture’ discretion to offer the necessary remedy, being either repair, replace or store credit, should your product breach the extended warranty. In addition, Elula Furniture will charge necessary collection and delivery fees in certain circumstances.

Section 44 of the Electronic Communications and Transactions Act may apply to your electronic transactions. If your transaction qualifies as an electronic transaction and you qualify as a consumer under the ECT Act, you may be entitled to cancel some electronic transactions within seven days, without reason or penalty. This means that you have to return new, unused goods, and we will refund the purchase price. The only cost levied against you will be the direct cost of returning the goods and any fees that Elula Furniture is charged either by our bank or our online payment gateways.

If you are not satisfied with your furniture purchase or have made an error with your furniture purchase and wish to exchange or return the furniture purchase, you may do so within 7 (seven) days of purchase. Goods must be returned in their original condition and packaging along with the original invoice. The customer may choose either a store credit or exchange, unfortunately no refunds are given.

Should the customer wish to return their product, the customer will be charged a 20% handling/restocking fee for the return of the furniture product in terms of this section (this fee may increase dependent on circumstances). If the product requires upliftment, a collection fee will in addition be charged. The customer will be given a store credit for the value of the furniture product less the handling/delivery/collection fees.

If the customer has chosen an exchange, they may not choose a product that exceeds the purchase price of the original product less the handling fee, collection/delivery fee and use charge if applicable, unless the customer pays in the difference in the purchase price.

Before store credit or exchange is processed, the product will be assessed for wear and tear. Should there be evidence of use, we will impose a charge for use. This charge will be in line with the extent of use.

This section does not apply to custom or made to order products.

It is acknowledged that exchanges are subject to product lead times at the time of the request for exchange.

Physically altered, partially disassembled or damaged product may not be returned or exchanged in terms of this section. Elula Furniture will check the condition of products presented for exchange or returned accordingly.

Elula Furniture will process your return request in the following circumstances:

• If your purchase falls under the ECT Act, you may return an undamaged, non-defective product in the event that you change your mind about the product within 7 (seven) days of delivery of products, which the return shall incur a collection charge, equivalent to the initial delivery fee.
• You may return a product if you have not had the opportunity to inspect the product and upon inspection the goods do not meet the type or quality reasonably expected from the agreement, within 7 (seven) days of delivery.  Elula Furniture will charge the delivery/collection fee and may charge an additional fee for wear and tear if any.
• You may return a product which breaches the statutory warranty within 6 (six) months after delivery.

Returns Procedure

• Should you wish to a return a product, you will need to send us an email to info@elulafurniture.co.za .
• As you agreed to inspect the product for defects or damage before accepting delivery, you are encouraged to submit photographic proof and you must provide full reasons for alleging that the product is defective, including stating how the product was utilised during the period that it was in your possession.

• Should we be of the opinion that your product is returnable we will contact you to arrange collection or advise you if you may drop off the product at our warehouse in Epping, Cape Town.
  
• Once the return has reached our warehouse, the product will be inspected before the return is processed.
• If you have proven that the statutory warranty has been breached, you may choose a refund, store credit, repair or an exchange if possible.
• If you have proven that any of the extended warranties have been breached, we may offer you a repair, exchange or store credit at our discretion.
• If you have returned the product within 7 (seven) days in terms of the ECT Act or within 7 (seven) days if you have not had the opportunity to inspect the product you may receive a refund, less any applicable collection/delivery or wear and tear fees.
• Should you wish to elect a refund, the refund will be processed only once you’ve provided our accounts department with confirmation of bank details by way of bank confirmation letter and your bank details have been verified.
• All refunds will be processed every Friday, allowing 7-14 business days for the funds to reflect once the credit has been processed.

Elula Furniture will evaluate the defect and honour warranties if:

• The defect existed at the time of delivery or collection and manifested during the warranty period;
• The defect did not arise due to normal wear and tear or misuse/abuse by the customer;
• The customer duly complied with the care instructions and maintenance.

Vouchers are valid only for the period as stipulated on the voucher. Vouchers can only be redeemed on our website. Vouchers are not refundable. Unfortunately, lost vouchers cannot be replaced.

Vouchers and store credit are valid for 3 years in terms of the CPA

All discount offers exclude “Promo” or “Sale” items, unless otherwise specified. All pricing can be confirmed with our sales team. All special offers are subject to material stock being available.

Elula Furniture makes every effort to ensure that the information we provide is correct. However, we cannot be held responsible for any form of misprint or defect. Details of your order should be checked and confirmed by yourself when your order is placed and signed off (We do not hold ourselves responsible for any incorrect orders placed).

Should any of our products contain an obvious error regarding the price displayed for the product, Elula Furniture will correct the error as soon as we have been notified of the error. Elula Furniture will not be bound by the incorrect price.

Elula Furniture 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 Site.

Unless any applicable law prescribes otherwise, any agreement made with Elula Furniture to buy a product or a connected service, shall be governed by the laws applicable to South Africa.

Elula Furniture will contact the customer to arrange delivery on any weekday between 09h00 and 16h00. No deliveries will be made during weekends or on public holidays. Reasonable endeavours will be made to deliver the product on the arranged time and date.

Circumstances that are unforeseen or beyond Elula Furniture’ control may result in changes to the agreed delivery date and time of which the customer will be telephonically informed and alternative arrangements will be made.

Elula Furniture shall aim to let you know if we are unable to meet our estimated delivery date but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.

Please note that some of our vehicles are large. Please make sure that your property has the necessary means of access at the time of payment. Please discuss any special delivery instructions with your sales representative.

The customer must ensure that the place of delivery is accessible; that the product delivered can fit into lifts, staircases or through doors and that all the relevant areas have been cleared prior to delivery. This includes the removal of breakable objects. No products will be hoisted over balconies or through windows. Should hoisting be required, the customer will arrange this at his/her own cost. The customer accepts the risk of all damages that may result due to non-compliance by customer. The customer will be charged for additional delivery costs due to failed deliveries, access problems and/or failure to adhere to the appointment time for the delivery/collection.

Our delivery crews are instructed to not attempt delivery where damages may occur. Unfortunately, they cannot remove doors or windows, or reconnect electrical equipment.

The customer is required to inspect products on delivery. The customer or the person taking delivery on behalf of the customer will be required to sign a proof of delivery (POD). Unless indicated to the contrary on the POD, it is deemed that the product has been delivered and received in good condition and, where appropriate, in accordance with the customer’s specifications.

Overseas deliveries can be arranged and Elula Furniture offers various export options. Please ask your sales representative to discuss the available options with you or refer to the Elula Furniture website. Unfortunately, we cannot guarantee delivery to all countries or locations.

Collection is only available from our warehouse in Cape Town. Please ask your sales representitive to advise on lead time of your order if you are unsure. Once goods are paid in full, your sales representative will arrange and confirm the collection with the customer.

Please produce the original invoice in order for Elula Furniture to release the product. Please inspect the items on collection and make sure that you sign the POD (proof of delivery). If you do not indicate any product defects on the POD, it will be assumed that stock was received in good order and in accordance with product specifications.

These are our collection times:

• Monday to Thursday: 9h00 – 12h30  and 14h00 – 16h00
• Friday: 9h00 – 12h30
• No collection on Saturdays, Sundays or public holidays

The customer or person collecting the product must produce the original invoice in order for Elula Furniture to release the product. Please inspect the items on collection and make sure that you sign the POD (proof of delivery). If you do not indicate any product defects on the POD it will be assumed that stock was received in good order and in accordance with product specifications.

Elula Furniture will not in any way be liable for damage that may occur after the products have been handed to the customer or person collecting on behalf of the customer or during the loading and conveyance thereof. All risk in the Product shall pass to the purchaser upon collection.

It’s the customer’s responsibility to ensure that a suitable collection vehicle is utilised in order to accommodate the size of the product in an upright position and that it is loaded and secure to prevent damage.

The customer is also responsible for supplying the necessary consumables e.g. rope and blankets to stabilise the product during transportation.

Elula Furniture does not offer storage facilities. In the event of a purchase not being collected or delivered without prior notice within 10 days after the customer has been notified that it is available for collection or delivery, a storage fee of R250 (two hundred and fifty rand) per day will be charged to the customer’s account. This storage fee must be settled in full prior to the delivery and release of the product.