1. GENERAL

• Pascal Marlin (PTY) LTD T/A Pascal Furniture registration number 2020/262421/07, is hereafter referred to as “The Company”.

• These are the terms and conditions that apply when you order any Item from The Company’s store or website.

2. ACCEPTANCE

• By ordering Items from The Company you acknowledge that you have read and understood the Terms and Conditions and accept them in their entirety.

3. CHANGES TO THE TERMS & CONDITIONS

• The Company reserves the right to change, modify, or remove from these Terms and Conditions in part or in whole at any time without prior notice.

• These changes will become effective once posted on our website, or if they accompany issued sales order documents or invoices.

• It is the responsibility of the customer to periodically check the website for changes or updates to the Terms and Conditions.

4. PRICES

• All prices are quoted in South African Rands (ZAR) and are inclusive of Value Added Taxation (VAT) and are valid only in South Africa.

• Despite our best efforts to ensure otherwise, some Items on our website, on promotional materials, or in our showroom may be incorrectly priced. If the correct price is higher than the price quoted, the Company will contact you to arrange settlement of difference in a reasonable and agreed upon manner.

4. PRODUCTS

• “Products”, “Items”, and “Furniture” refer to all items and services presently being sold by Pascal Furniture in-store or online.

• Any Item that is manufactured or modified based on the materials, colours, finishes, dimensions, or modifications specified or selected by the customer is considered as “made-to-order”. As per the Consumer Protection Act, we are not required to accept cancellations of any “made-to-order” Items.

• In order to improve the quality, enhance the appearance, or streamline the manufacturing processes of their products, The Company may alter or modify the dimensions, specifications, and aesthetics of Items without prior notice. This means that reasonable changes to Items may be made periodically and that these changes may make Items non-identical to those displayed on promotional materials, in-store, online, or elsewhere.

• Items are intended for use in residential environments and are not suited for commercial or industrial use. Items used in commercial or industrial environments are done so at the customers’ own risk and will not be protected under the normal guarantees or warranties of the Company.

5. COLOURS, FINISHES, SPECIFICATIONS, MATERIALS, AND DIMENSIONS

• The Company has done its best to ensure that colours and finishes of Items displayed in images, promotional materials, and in their showroom are representative of real life. However, Items are supplied on the understanding that colours and finishes may vary.

• Items containing leather, wood, and / or fabrics may make use of natural materials that may not be uniform in colour or texture, and may show natural marks or imperfections. Natural characteristics will not be regarded as defects or signs of damage.

• Dimensions and specifications are given in good faith based on our suppliers’ information.

• It is strongly advised that you view Items in person to verify colours, finishes, or dimensions for yourself.

• With specific regards to Items made with leather;

• Marks, tick-bites, scars, scratches, brand marks, and colour variations between hides form part of the natural characteristics of leather and are not considered defects or signs of damage.

• Colour variations may occur when multiple hides are used to create Items.

• Colour samples displayed in our store, showroom, or promotional materials provide an approximation, rather than a an absolute reflection of the leather.

• It is important to be aware that leather fades over time. Fading of leather will not be considered as a defect and the Company will not be responsible for the fading of leather used in their Items.

• Leather should be treated regularly and with care to ensure its longevity. 

6. GENERAL CARE

• The Company accepts no responsibility for damage caused by the improper care or maintenance of Items.

7. STOCK AVAILABILITY

• Items displayed on the Company’s website, promotional material, or in their showroom does not indicate or guarantee stock availability.

• It is the responsibility of the customer to contact the the Company to ensure that Items are available in stock. 

8. METHODS OF PAYMENT

• The customer may make payment for Items in any of the following ways:

1. Cash.

2. Credit Cards / Debit Cards - Please note that some credit cards may not be accepted by our merchant provider. We also reserve the right to withhold the delivery or collection of Items until funds paid by credit or debit cards have reflected in our bank account.

3. Electronic Funds Transfer (EFT) - Please note that the Company will not process orders, deliveries, or collections until proof of payment has been sent by the customer and that funds reflect in the Company’s bank account (transfer of funds may take several working days to reflect in our account). 

4. Lay-Bye - the Company will accept multiple deposits on Items over a period of one (1) to six (6) months until the Items are paid in full.

9. CUSTOMER ORDERS

• A 50% deposit is required when placing an order. If no deposit is paid the sales order will not be considered as confirmed.

• Deposits are non-refundable.

• Ownership of the Items remain with the Company until payment is received in full.

• The balance is payable immediately by the customer once Items are ready for collection or delivery.

• Deposits need to be paid on any additional Items added to an existing order. Failure to pay these deposits may result in the non-acceptance of these changes to the order by the Company and the Company will accept no responsibility if; these Items are excluded from your order, if Items can’t be completed due to stock availability, or if Items can no longer be manufactured.

10. STORAGE

• The Company does not have adequate warehouse space to store Items for extended periods of time after they have been manufactured.

• If Items cannot be collected or delivered within thirty (30) days after they are manufactured a storage fee may be applied to the order. This fee is calculated at ten percent (10%) of the total order value per month.

• If Items cannot be collected or delivered within three (3) monhs after the completion of manufacturing, the Company reserves the right to sell the Items to recoup the expenses incurred during storage. The items will then be rescheduled for manufacturing and completed during the current production lead time.

• The Company is not responsible and cannot be held liable for losses or damage that occurs while Items are stored.

11. DELIVERIES

• Delivery charges are quoted based on the area in which you reside, or in which the customer intends to receive delivery of the Items. These prices may change during the period between which they were originally quoted and when the sales order is confirmed.

• No Items will be dispatched until full payment has been received and reflects in the Company’s bank account.

• A delivery date and time will be scheduled once your Items are completed. Delivery times are approximate and may be affected by external factors or rescheduled.

• Deliveries will only be made in areas where there is reasonable access. It is the customers’ responsibility to ensure that Items can pass through doors, stairwells, gates, lifts etc.

• It is the responsibility of the customer to ensure that old furniture is removed to make space for the Items, and that their is adequate space to receive the Items.

• Items will not be hoisted, dismantled, or modified to make provision for access that is not suitable to receive them. In the event that these provisions are made, the customer indemnifies the Company against any damage or issues that may be incurred to the Items or property.

• The customer may be charged additional delivery fees for failed deliveries resulting from, but not limited to, incorrect delivery addresses, improper access, or failure to adhere to the scheduled delivery date and time.

• The customer must inspect all Items at the time of delivery. Any damages or defects must be reported to the Company within twenty-four (24) hours after delivery. Failure to report issues at the time of delivery is seen as an indication that Items have been received undamaged and in good order.

• If the customer is unable to receive the Items themselves, it is assumed that the person at the delivery address is an authorised representative of the customer and can accept the items on their behalf.

• The Company will sometimes make use of a courier to deliver Items to you. By confirming a sales order you agree that we may share your personal information with couriers so they can complete your delivery. Any damages or losses caused by third-party couriers or delivery companies will not be the responsibility of the Company and we cannot be held liable.

12. COLLECTIONS

• No Items may be collected until they are paid in full. 

• The customer, their authorised representative, or their appointed courier are hereby after referred to as the “Appointed Party”.

• The Appointed Party must present the original sales order or invoice when collecting the Items.

• The Appointed Party must inspect all Items at the time of collection. Failure to report issues at the time of collection is seen as an indication that Items have been received undamaged and in good order.

• The Company will not be held liable for any damage or losses once Items have left their premises.

• Please notify the Company to arrange a suitable date and time prior to collecting the Items.

13. ITEMS ON SALE OR PROMOTION

• Promotions are only valid on specific Items as advised periodically by the Company on their website, online, or in-store, and while stocks last.

• Promotions and sales do not include delivery fees or extra services like scotchgaurding unless otherwise specified.

• Discounts cannot be retrospectively applied to orders confirmed before the advertised or advised launch date of the promotion or sale.

• All Items on sale or promotion are sold “voetstoets” and are strictly non-refundable.

14. LEAD TIMES

• Lead times refer to the expected amount of time it will take between when a sales order is confirmed and when the Items will be ready to be delivered or collected.

• Lead times are approximated at the time of quotation, or as indicated and periodically updated on our website or in-store.

• Lead times are approximate and may be adjusted based on external factors outside the control of the Company.

15. CANCELLATIONS AND REFUNDS

• “Made-to-order” Items have been manufactured especially for you in accordance with your design or material preferences. Therefore, in accordance with the Consumer Protection Act, no cancellations, refunds, returns or exchanges can be made to your sales order.

• In the event that Items have been mistakenly produced and not in accordance with your specifications, the Company will rectify the error at their discretion.

• For “in-stock” Items the customer may cancel their order within the provisions of the Consumer Protection Act.

• All Items must be returned before a refund can be processed.

• A refund form must be completed by the original purchaser, and the following supporting documentation must be provided before the refund can be processed;

• Original sales order or invoice

• Copy of ID

• If all refund requirements are met, the Company will issue a full refund to the customer, minus a 10% handling fee as well as all relevant service and delivery fees.