Chelsea Garden & Home > Terms & Conditions

Terms & Conditions

CHELSEA GARDEN AND HOME (PTY) LTD
Company Registration Number: 2013/028442/07
Last Updated: 11 September 2025
CONTENTS:

  1. Definitions

  2. Important Notices

  3. General

  4. Quotations

  5. Acceptance of Contract

  6. Purchase Price & Payment

  7. Delivery & Lead Times

  8. Installation & Assembly

  9. Returns

  10. Ownership

  11. Products & Warranties

  12. Limitations

  13. Default

  14. Governing Law & Jurisdiction

  15. Suretyship

  16. Acceptance

1. DEFINITIONS

1.1. “Company” refers to Chelsea Garden & Home (Pty) Ltd.
1.2. “Customer” refers to any party purchasing Products from the Company, including their representatives, agents, designers, architects, and assigns.
1.3. “CPA” refers to the Consumer Protection Act, 68 of 2008.
1.4. “Contract” means any agreement between the Company and the Customer resulting from an accepted quotation or order, including installation agreements.
1.5. “Products” means the goods sold by the Company to the Customer under the Contract.

2. IMPORTANT NOTICES

2.1. These Terms govern all sales and services rendered by the Company. If the Customer is a consumer under the CPA, certain clauses (e.g., 11.6.3 and 12.3) may not apply.
2.2. Nothing in this document shall limit or exclude rights or obligations under the CPA.

3. GENERAL

  • These Terms constitute the full agreement between the parties.

  • No changes are valid unless made in writing and signed by both parties.

  • Each clause is severable. If any clause is found unenforceable, it will not affect the remaining terms.

4. QUOTATIONS

4.1. Quotations are valid for 10 days unless otherwise stated.
4.2. Brochures and other publications are for general information only.
4.3. All prices exclude VAT, delivery, and installation unless stated otherwise.
4.4. Price changes may occur if the Customer modifies an order.
4.5. Installation charges may increase if project scope changes or costs rise.
4.6. Customers will be notified of any price increases in a reasonable time.

5. ACCEPTANCE OF CONTRACT

5.1. A contract is formed upon the Customer’s written acceptance of a quote or the Company’s acceptance of an order.
5.2. Orders are binding. Cancelled orders may incur a reasonable cancellation fee.
5.3. Orders for customised Products cannot be cancelled.
5.4. Salespersons may not amend these Terms unless approved in writing by a Company director.
5.5. Cancellation is only allowed by written agreement and may incur charges.

6. PURCHASE PRICE & PAYMENT

6.1. Full payment is due upon invoice, without set-off.
6.2. Late payment triggers immediate payment of all outstanding amounts and forfeiture of discounts.
6.3. Overdue amounts accrue interest at 2% above the base bank rate.
6.4. For foreign Customers, if exchange rates fluctuate by more than 5% in 30 days, prices may be adjusted with 7 days’ notice.

7. DELIVERY & LEAD TIMES

7.1. The Customer is responsible for delivery costs unless otherwise agreed.
7.2. Delivery dates are estimates. The Company is not liable for delays caused by events beyond its control (e.g., load shedding, economic conditions, etc.).
7.3. Risk passes to the Customer on delivery.
7.4. Claims must be made in writing within 5 days of delivery.
7.5. Products delivered in error must be returned undamaged and unaltered.
7.6. The Company may charge storage or other costs if delivery is delayed by the Customer.
7.7. Special access delivery (e.g., rope access) will incur additional charges.

8. INSTALLATION & ASSEMBLY

Where the Company agrees in writing to provide installation:

8.1. Subcontractors may be used.
8.2. Deposits for installation may be forfeited if the Customer breaches the Contract.
8.3. The Customer must prepare the site as specified.
8.4. Completion dates are not binding unless agreed in writing.
8.5. The Customer indemnifies the Company against injury, death, or damage caused by its negligence or conduct during installation.

9. RETURNS

Please refer to the Returns Policy.

10. OWNERSHIP

Ownership of Products remains with the Company until full payment is received.

  • Products must remain identifiable and separate until ownership transfers.

  • The Customer must notify their landlord (if applicable) of the Company’s ownership.

11. PRODUCTS & WARRANTIES

11.1. The Company is not liable for defects arising from:

  • Fair wear and tear

  • Abnormal use

  • Misuse or unauthorised modification

  • Incorrect assembly or installation

11.2. The Company provides no warranties beyond those stated here.
11.3. Colour swatches are indicative only; actual colours may vary by monitor and environment.
11.4. Timber (e.g., iroko) products naturally change colour and may develop cracks. This is not a defect.

12. LIMITATIONS

12.1. The Company is not liable for losses due to misuse or hazards unless covered by section 61 of the CPA.
12.2. If advice is requested, the Company’s liability is limited to the purchase price of the Product.
12.3. The Customer indemnifies the Company against losses from the Customer’s misconduct or negligence.

13. DEFAULT

13.1. If the Customer breaches the Contract or fails to pay on time, the Company may:

  • Cancel the Contract

  • Demand immediate payment of all outstanding amounts

  • Suspend further deliveries or obligations

13.2. Any leniency granted by the Company will not be considered a waiver of its rights.

14. GOVERNING LAW & JURISDICTION

14.1. This agreement is governed by South African law.
14.2. The Company may institute legal proceedings in the Magistrates Court or any competent court.
14.3. The Customer agrees to pay all legal costs (attorney-client scale), including tracing and collection fees.

15. SURETYSHIP

Where the Customer is a juristic person, the signatory personally binds themselves as surety and co-principal debtor for all obligations under this Contract. The signatory waives legal exceptions and confirms full knowledge of their implications.

16. ACCEPTANCE

By accepting these Terms, the signatory confirms they are duly authorised to enter into the Contract on behalf of the Customer