Defects, Returns, Refunds & Guarantees

Should you not be satisfied with any product purchased by you on the Website, by reason of a defect, incorrect choice of product, or otherwise, you may, under certain circumstances, be entitled to either be refunded or have the product repaired or replaced, as the case may be. The Refund Policy regulates your rights in this regard, and how products are to be returned to us.

Sales Records

A full record of every sale and related transaction between you and mattressking.co.za shall be maintained on the Website for a period of 12 months following the date of such sale or related transaction. You shall thus only be able to view and print such record during such period, whereafter, you shall be responsible for retaining your own record of the relevant sale or related transaction.

Disclaimer

Save for mattressking.co.za being liable to you –

under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by mattressking.co.za to you via the Website; and

under sections 43(5) and 43(6) of the ECT Act in relation to mattressking.co.za’s payment systems not being sufficiently secure,

Neither mattressking.co.za nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website. Furthermore, mattressking.co.za makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors via email.

Although the products sold via the Website may be under warranty, the Website itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these T&C that the service available from and through this Website will meet your individual requirements.

Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of mattressking.co.za and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.

Governing Law And Jurisdiction

This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the ‘Disputes’ clause of these T&C, you and mattressking.co.za submit to the non-exclusive jurisdiction of the South African courts.

Privacy

mattressking.co.za shall take all reasonable steps to protect your personal information. 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). PAIA may be downloaded from: http://us-cdn.creamermedia.co.za/assets/articles/attachments/03569_promofaccestoinfoact2.pdf

mattressking.co.za may electronically collect, store and use the following of your personal information:

• name and surname;
  
• birth date;
• gender;
• closest city;
• non-personal browsing habits and click patterns;
• e-mail address;
• mobile number (if provided by you);
• IP address; and
• ID number / passport number.

mattressking.co.za collects, stores and uses the abovementioned information for the following purposes:

• to greet you when you access the Website;
• subject to your consent, to inform you of facts relating to your access and use of the Website;
• subject to your consent, to inform you about competitions and special offers from mattressking.co.za and/or its partners / affiliates;
• to compile non-personal statistical information about browsing habits, click-patterns and access to the Website;
• to verify your identity when transacting with mattressking.co.za;
• to ensure that the goods are received by the addressee; and
• Information detailed above is collected either electronically by using cookies or is provided voluntarily by you. You may determine cookie use independently through your browser settings.
• You may elect not to receive any communications from mattressking.co.za and/or its partners / affiliates.

mattressking.co.za may collect, maintain, save, compile and share any information collected from you, subject to the following provisions:

mattressking.co.za shall not disclose your personal information unless –

• you consent thereto;
  
• through due legal process.
• mattressking.co.za may compile, use and share any information that does not relate to any specific individual; and
• mattressking.co.za owns and retains all rights to non-personal statistical information collected and compiled by mattressking.co.za.

Security

Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that mattressking.co.za suffers any damage or loss.

You agree and warrant that your log-in name and password shall:

• be used for your personal use only; and
  
• not be disclosed to any third party.
• You allow mattressking.co.za to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.

Changes To Agreement

mattressking.co.za may, in its sole discretion, change these T&C or any part thereof at any time on notice to you. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using the Website in any way..

Disputes

Between you and mattressking.co.za

Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and mattressking.co.za on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Services Department of mattressking.co.za, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf 

Address For Notices

mattressking.co.za chooses as its address for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: PO Box 150, Kloof, 4320, South Africa.

Term And Termination

These T&C shall commence from the date on which they are published on the Website and continue indefinitely, as amended by mattressking.co.za from time to time (as described above), for so long as the Website exists and is operational, mattressking.co.za being entitled to terminate these T&C and/or shut down the Website at any time (subject to still processing any orders then already placed and accepted by mattressking.co.za).

Copyright & Other Intellectual Property Rights

Any and all copyright subsisting in the Website, including these T&C, vests in mattressking.co.za and all rights not expressly granted are reserved.

You may only download, view and print content from this Website for private and non-commercial purposes.To obtain permissions for the commercial use of any content on this Website e-mail us or phone customer support on +27 (0)31 764 1937 for assistance.

All the content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to mattressking.co.za and as such are protected from infringement by local and international legislation and treaties.

Electronic Communications

When you visit the Website or send e-mails to mattressking.co.za, you consent to receiving communications from mattressking.co.za electronically and agree that all agreements, notices, disclosures and other communications sent by mattressking.co.za satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.

Framing, Spiders & Crawlers

No person, business or web site may frame this site or any of the pages on this Website in any way whatsoever.

No person, business or web site may use any technology to search and gain any information from this Website without the prior written permission of mattressking.co.za.

Information

The ECT Act states that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about it available to customers on websites where the goods or services are offered.

mattressking.co.za’s information is as follows:

Full name: mattressking.co.za, registration number: 2003/109936/23

Main business: Supplier of Mattresses and Base Sets

Address for receipt of legal service: 47 Intersite Avenue, Durban

Office bearers: Param

Webmaster: webmaster@virtuallythere.co.za

Website: https://mattressking.co.za

Official email address: dane@mattressking.co.za

PROATIA: The manual published in terms of section 51 of the Promotion of Access to Information Act No 2 of 2000 may be downloaded from http://www.naspers.co.za