Terms & Conditions

Chelsea Garden & Home (Pty) Ltd

Registration Number: 2013/028442/07

Last Updated: August 2026

1. Definitions

In these Terms and Conditions, unless the context otherwise indicates:

• “Company” refers to Chelsea Garden & Home (Pty) Ltd (Registration Number: 2013/028442/07).
• “Customer” refers to any natural or juristic person purchasing Products from the Company, including their authorised representatives, agents, interior designers, architects, and assigns.
• “CPA” refers to the Consumer Protection Act 68 of 2008 of South Africa.
• “ECTA” refers to the Electronic Communications and Transactions Act 25 of 2002 of South Africa.
• “Contract” refers to any binding agreement between the Company and the Customer resulting from an accepted quotation, online order, or installation agreement.
• “Products” refers to the goods, furniture, and items sold by the Company under the Contract.
  

2. Statutory Information Disclosures (ECTA Section 43)

In compliance with Section 43 of the Electronic Communications and Transactions Act 25 of 2002 (ECTA), the Company discloses the following legal details:

• Full Name & Legal Status: Chelsea Garden & Home (Pty) Ltd
• Registration Number: 2013/028442/07
• Designated Information Officer: Mrs Meagan Ashley
• Physical Address: 3rd Floor, Grove Exchange, 9 Grove Avenue, Claremont, Cape Town, Western Cape, South Africa, 7945
• Telephone Number: +27 (0)21 812 0849
• Email Address: info@chelseagh.co.za
• Website Address: www.chelseagardenandhome.co.za

3. Important Notices & Consumer Rights

• These Terms and Conditions govern all sales of Products and services rendered by the Company.
• Where the Customer is a consumer as defined under the CPA, certain limitations shall apply only to the extent permitted by South African consumer law.
• Nothing in these Terms and Conditions is intended to limit, alter, or exclude any statutory rights or obligations granted to consumers under the Consumer Protection Act 68 of 2008.

4. General Provisions, Amendments & Severability

• These Terms and Conditions constitute the full and complete agreement between the parties regarding the subject matter herein.
• No variation, amendment, or consensual cancellation of these Terms shall be valid or binding unless reduced to writing and signed by authorised representatives of both parties.
• Amendments: We reserve the right to update or amend these Terms and Conditions from time to time. It is your responsibility to review these Terms and Conditions regularly.
• Severability: If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.

5. Quotations & Pricing

• Quotations issued by the Company are valid for ten (10) days from the date of issuance, unless explicitly stated otherwise in writing.
• Catalogues, marketing brochures, and online promotional publications are provided for general informational purposes only and do not constitute binding offers.
• All displayed website and quoted prices include VAT, but exclude delivery fees, freight, and installation charges, unless expressly stated otherwise.
• The Company reserves the right to adjust prices if the Customer modifies an order, scope of work, or product specifications after quotation.
• Installation and delivery charges may increase if project scope changes, access constraints arise, or operational costs rise. Customers will be notified of any required price adjustments within a reasonable time.

6. Contract Formation & Cancellation

• A binding Contract is formed upon the Customer’s written acceptance of a quotation, completion of online checkout, or the Company’s formal acceptance of an order.
• Placed orders are binding. If the Company agrees in writing to cancel an order, the Customer may incur a reasonable cancellation fee to cover administrative and preparation costs.
• Custom & Bespoke Orders: Orders for customised, bespoke, or made-to-order Products cannot be cancelled once manufacturing or procurement has commenced.
• Sales representatives and staff members are not authorised to amend or waive these Terms unless approved in writing by a director of the Company.

7. Purchase Price & Payment Terms

• Full payment is due upon issuance of invoice or checkout clearance, without set-off, deduction, or delay.
• Failure to make payment on time triggers the immediate settlement of all outstanding amounts and the forfeiture of any promotional discounts previously granted.
• Overdue balances shall accrue interest at a rate of 2% per annum above the prevailing prime overdraft rate of the Company's commercial bank, calculated daily from the due date until paid in full.
• For foreign currency transactions, if foreign exchange rates fluctuate by more than 5% within a 30-day period prior to full payment, prices may be adjusted upon seven (7) days’ written notice.

8. Delivery, Lead Times & Festive Season Cut-Offs

• The Customer is responsible for all delivery, freight, and shipping costs unless otherwise agreed in writing.
• Delivery dates and lead times provided are estimates only. Risk in and to the Products passes to the Customer upon physical delivery to the designated delivery address.
• Claims regarding missing items or visible defects must be submitted in writing within five (5) days of delivery.
• Products Delivered in Error: Products delivered in error must be returned undamaged, unused, and in their original unaltered condition, and will be collected at Chelsea Garden and Home’s expense.
• The Company reserves the right to charge storage fees if delivery is delayed or postponed by the Customer. Special access requirements (such as crane or rope access) will incur additional charges.

Festive Season Delivery & Cut-Off Information:

Our online store remains open 24/7; however, our fulfilment and logistics teams take an annual break over the Christmas/New Year period.

• Custom / Lead-Time Orders: Due to our standard 8-week production and delivery lead times for bespoke and custom items, there will be a cut-off date to place orders. Orders placed after the cut off date will be fulfilled in January 2027.
• Please allow additional processing time for orders placed during or immediately preceding the shutdown period. Thank you for your patience.

9. Product Use, Safety Warnings & Maintenance

Packaging Safety: Please exercise extreme care when unwrapping Products. Keep all packaging (plastic wrap, strapping, boxes) away from children and vulnerable individuals to prevent choking, strangulation, or injury. Use appropriate tools (e.g. scissors) safely to remove wrapping. Take all reasonable precautions against fire hazards - many timber, fabric, and upholstery materials are flammable.

10. Installation & Assembly

Where the Company agrees in writing to perform or manage product installation:

• The Company reserves the right to utilise approved sub-contractors.
• Installation deposits may be forfeited if the Customer breaches the Contract or fails to provide required site access.
• The Customer must ensure the site is fully prepared, clear, and accessible according to agreed specifications prior to the installation date.
• Installation completion dates are non-binding estimates unless explicitly guaranteed in writing.
• The Customer indemnifies the Company against loss, injury, or property damage arising during installation, except where caused directly by the gross negligence of the Company.

11. Returns, Refunds & Warranties

Returns, exchanges, warranty claims, and cancellations are strictly handled in accordance with the statutory requirements of the Consumer Protection Act (CPA) and our dedicated Returns, Refunds & Warranty Policy.

12. Products, Timber Characteristics & Warranties

• The Company provides no warranties beyond those explicitly set out in these Terms, our Returns & Warranty Policy, or mandated by applicable law.
• The Company shall not be liable for defects or damage resulting from fair wear and tear, abnormal use, neglect, lack of maintenance, unauthorised modifications, or incorrect self-assembly.
• Colour Swatches & Natural Materials: Colour swatches and online images are indicative only; actual timber tones, fabric shades, and finishes may vary depending on lighting, display settings, and material batches.
• Natural Timber Behaviour: Hardwoods (such as Iroko timber) naturally change colour, develop surface patinas, and may experience minor movement or hairline cracking over time due to weather exposure. These natural characteristics are evidence of genuine timber craftsmanship and do not constitute manufacturing defects.

 

13. Limitation of Liability & Indemnity

• To the fullest extent permitted by law, the Company shall not be liable for indirect, special, or consequential damages resulting from the use or misuse of the Products, save for liabilities imposed under Section 61 of the CPA.
• Where product advice or recommendations are requested, the Company’s total liability shall be strictly limited to the original purchase price paid for the specific Product concerned.
• The Customer indemnifies and holds harmless the Company against third-party claims, damages, or losses arising from the Customer's negligence, wilful misconduct, or failure to adhere to product care guidelines.

 

14. Force Majeure (Supervening Events)

• Neither party shall be deemed to be in breach of its obligations under this Contract if it is prevented from or delayed in fulfilling them due to a supervening event beyond its reasonable control, including but not limited to war, national emergency, flood, earthquake, strikes, lockouts, severe weather, or major epidemics.
• The affected party shall immediately notify the other party and take all reasonable steps to resume performance.
• If the period of incapacity exceeds six (6) consecutive months, this Contract shall automatically terminate unless the parties agree otherwise in writing.

 

15. Default, Remedies & Legal Expenses

If the Customer breaches any term of the Contract, fails to make payment on the due date, or commits an act of insolvency, the Company shall be entitled, without prejudice to any other legal remedies, to:

1. Cancel the Contract immediately.
2. Declare all outstanding amounts immediately due and payable.
3. Retake possession of any unpaid Products and suspend further deliveries or performance.

Each party shall be liable to pay to the other all damages, expenses, and costs incurred (including legal expenses charged on an attorney-and-own-client scale, collection commission, and tracing fees) in enforcing its rights under this Contract.

 

16. Waiver

No waiver or indulgence granted by the Company regarding any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.

 

17. Governing Law & Jurisdiction

• The Contract is governed by and construed in accordance with the laws of the Republic of South Africa, save where the Customer places the order from abroad where mandatory international consumer laws apply.
• The Company shall be entitled to institute legal proceedings in the Magistrates' Court or any other competent court having jurisdiction.

 

18. Personal Suretyship (Juristic Clients)

Where the Customer is a juristic person (such as a company, close corporation, or trust), the individual executing the Contract or order on behalf of the Customer personally binds themselves as surety and co-principal debtor in solidum for the due and punctual performance of all obligations owed by the Customer to the Company. The signatory explicitly waives the legal exceptions of excussion and division and confirms full understanding of this suretyship obligation.

 

19. Authorisation & Acceptance

By accepting a quotation, completing an online purchase, or signing an agreement with the Company, the signatory confirms that they possess full legal authority to enter into this Contract on behalf of the Customer.