TERMS AND CONDITIONS FOR PURCHASING FROM FLOATING DESIGNS

Welcome to the Floating Designs' website. Please read this Terms & Conditions Policy, by which you agree to accept the terms and conditions of the Company.

As a condition of your use of our website, you warrant to Floating Designs that you will not use it for any purpose that is unlawful or prohibited by these terms, conditions and notices.

Floating Designs reserves the right to alter the terms of this Policy at any given time without notice. By continuing to use the service after we post any such changes, you accept this Policy as modified.

The materials provided on the Floating Designs website including all content, information, photographs, illustrations, graphics, names and logos are the property of Floating Designs and its licencors and are protected by copyright, trademark and other intellectual property laws. Materials are for personal, non-commercial use only. The contents of the Floating Designs website as described above may not be changed, copied, reproduced, sold, rented, used, supplemented or utilised in any other way without prior written permission from Floating Designs.

1. FLOATING DESIGNS' PRODUCTS

Floating Designs' lights are decorative lights which are carefully handmade or imported. We pride ourselves in offering the best quality to our customers. While great care is taken to maintain consistency, occasionally the handmade nature of our products result in variations within our product range. By purchasing our products you agree to respect and understand the rare occasion where variations may occur, so long as they are reasonable.

Photographs and diagrams of the products may occasionally be simplified or ‘Photoshoped’ for marketing purposes in order to present the products in their best possible light. By making a purchase the buyer acknowledges that these standard marketing practices may apply, and that the actual products received may vary slightly from promotional materials. That said, we do our best to present our products in an honest and ethical manner.

We will take all reasonable care to ensure that all details, descriptions, and images of products appearing on the website and price list are correct at the time when the inquiry was made; however, we do not warrant that the product descriptions, colours on the website and price list are accurate, complete, reliable, current, or error free.

Although we aim to keep the website and price list as up to date as possible, the information including product descriptions appearing on the website and price list at a particular time may change from time to time.

Products marked as Replicas are not original pieces and NOT made or manufactured by, affiliated or associated with, the original manufacturers, brands or designers.

2. PRICING

In the very few cases, merchandise displayed for sale on our website or in our price list may not be available due to stock levels. The prices displayed on our website or in our price list are quoted in ZAR (South African Rand) and are valid and effective only in the Republic of South Africa. These prices are VAT inclusive.

All prices indicated for products available are exclusive of delivery charges, unless otherwise stated. Floating Designs will endeavour to hold firm the prices listed on the current price list and website.

Due to the volatile nature of the currency exchange rate, prices may be changed at any time without prior notice, and in this case the updated prices will apply regardless of previous purchases.

3. QUOTATIONS

Quotations must be in writing. Please ensure that you obtain official quotations from Floating Designs' Sales Department. NO VERBAL QUOTATIONS WILL BE HONOURED. Quotations submitted according to custom design specifications will remain valid for a period of 7 days from quote date. If this 7 day period lapses without client approval, or without requests for alterations or extensions by the client, the quote will expire. Thereafter, Floating Designs may amend the quote according to our current rates. As all quotations are carefully considered in light of each custom design specific requirements, Floating Designs reserves the right to amend any quote should the design specifications change, or if it becomes clear that the design specifications where not communicated in a reasonably clear and correct manner by the client to Floating Designs at the outset of the project. To formally accept a quotation by Floating Designs, the quote must be signed and dated by the client and returned to Floating Designs via email. No project will commence unless its formal acceptance of the quote is received by Floating Designs within the 7 day period as specified above.

4. DEPOSIT AND PLACEMENT OF ORDER

The 50% deposit of the total quoted amount becomes due immediately once the quote is formally accepted and once an invoice has been sent to the client. Floating Designs accepts cash deposits (banking deposit fees to be paid for by the client) and electronic transfers. Floating Designs does not accept payment by cheque. No project shall commence until the 50% deposit has been made and confirmed. Should a client cause a delay in the commencement of the project by failing to make deposit within a reasonable time period, Floating Designs accepts no responsibility should the deadline of the project not be met.

We reserve the right, with or without notice, to cancel or reduce the quantity of any orders in our sole discretion. We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment, we suspect fraudulent activity or violation of these Terms and Conditions or if we identify a product or pricing error. If we are unable to fulfill your order following our order acknowledgement, we will contact you by email or telephone advising you of this.

5. TRADE, WHOLESALE AND CUSTOMER ORDERS

Kindly contact us for further information or to find out more.

6. SAMPLE UNITS

Floating Designs will supply goods on a loan basis entirely at its discretion. Samples are issued on an Invoice made out to the Client. Payment for any sample unit/s must be received prior to the release of goods. The Client is responsible for returning all sample units on the due date and in the same good condition it was loaned. Should loans not be returned by the due date, the Client will automatically be liable for payment of the Invoice. The Client will be charged for any damaged goods.

7. PAYMENTS

All payments are strictly cash on delivery (COD). Proof of payment will be required for all EFT payments made. Please use your Quotation or Invoice number as Beneficiary Reference to ensure that payments are allocated correctly. In circumstances where payments are made to Floating Designs by means of EFT, Floating Designs shall only supply the goods to the Client once the relevant funds have cleared into its bank account. See the banking details below for EFT payments:

Name: Floating Designs Amsterdam (Pty) Ltd
Bank: First National Bank
Branch: 250655
Account Number: 62575296572
Quotation / Invoice number to be used as reference

8. DELIVERY

Floating Designs is based in Cape Town, South Africa.

Any delivery timescales quoted to you are indicative only. We do not accept any liability whatsoever for delayed delivery caused by any third party. Please note the estimated manufacturing & delivery times within South Africa are 46 weeks. International delivery upon request. Should any product be delivered to you and suffer from any defect or damage, you agree to notify us of such defect and/or damage within 48 hours of the time on which delivery of the said products took place. Failure to report such defect and/or damage timeously will result in us not accepting any liability whatsoever for such defect and/or damage.

Cost of Delivery

The delivery cost depends on the parcel weight, dimensions and area of delivery. The price is calculated according to the tariffs set by our courier company. However, we have done our best to source the most cost effective and reliable agent.

International Orders

As an international buyer you are responsible for any and all duties and custom charges that may occur with shipment. Floating Designs will invoice you for the products excluding VAT (15%), as it does not apply outside of South Africa. However we would then need the proof of export documents so we are able to ensure that the VAT exclusive prices are justified and fair.

Terms of Delivery

Please be aware than under certain circumstances beyond our control, including problems with availability – the delivery time may be longer than originally offered. In these cases we will notify you in advance by email about the extended delivery period.

The delivery price does not include insurance on the products, unless otherwise stated. If this is something that you feel strongly about or would like to inquire about, please contact us before placing your order so we are able to customise your shipping options and delivery costs.

When placing an order you are accountable for providing the correct shipping address, a telephone number and an email address. These details are of the utmost importance as it allows us to contact the relevant person in the scenario where the couriers are finding difficulty with delivery. Floating Designs will not be held responsible if the provided information is false or incorrect, causing the parcel delivery to be delayed or lost.

Risk in the goods will pass to you upon delivery to you.

9. FREIGHT DAMAGE AND RETURNS

Please inspect your order the moment you receive it. We are very precise and thorough when packaging for delivery, but our products by nature are fragile. We advise you upon reception of the parcel to check its condition, and in the case of detection of inaccuracies of the product, please contact us within 48 hours of the delivery date so we are able to arrange for an exchange. We ask you to save all cartons, packing materials and your damaged items so we are able to investigate further from our side. We will assist in arranging the best way to return it as soon as you contact us.

Again, checking over your products immediately after receipt is important as to ensure that the items you received is precisely what you were expecting and what you ordered. Please notify us immediately if there are any discrepancies with your order.

Defective products

We do our best to ensure that the products we deliver to you are of a high quality, and in good working order and without defects.

What is a defect? A defect is a material imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances.

The following will NOT be regarded as defects and will not entitle you to a return under this section 9:

  • faults resulting from normal wear and tear;

  • damage arising from negligence, user abuse or incorrect usage of the product;

  • damage arising from electrical surges or sea air corrosion;

  • damage arising from a failure to adequately care for the product;

  • damage arising from unauthorized alterations to the product;

  • where the specifications of a product, although accurately described on the website or price list and generally fit for its intended purpose, do not suit you.

Cooling Off Period

In addition to the rights set out in this Policy, if you qualify as a consumer in terms of the Electronic Communications and Transactions (ECT) Act you may enjoy certain cooling-off rights in terms of which you can cancel any transaction within 7 (SEVEN) days after the date of receipt of the goods or services, or within 7 (SEVEN) days after the date of conclusion of the agreement, without reason or penalty. This does not apply to certain goods or services. If you have effected payment prior to exercising your right to return the products, Floating Designs will refund you the full purchase price thereof, less a 20% handling fee for any direct costs incurred by Floating Designs in returning such goods.

Returns

Your satisfaction is very important to us. If, for any reason a purchase fails to meet your expectations, we will gladly exchange or credit your account with the purchase value of the item within 7 (SEVEN) days of the delivery date. Unfortunately we are unable to accept return items that have been installed or items that are not in their original condition. We also cannot accept returns for any products that have been special ordered or ordered with custom specifications. An example of this might be a piece of cable cord that has been cut according to the customer’s own dimension requirements. The customer is responsible for all return shipping costs and all shipping costs are non-refundable.

A 20% Handling Fee on all returns will be charged.

Preparing your products for a return

To ensure your request is processed as quickly as possible you are responsible for the following when returning your products:

  • package your products safely and securely for protection during transit;

  • clearly mark the invoice number of your returned item/s on the outside of the parcel; and

  • include all accessories and parts that were sold with the product.

Failure to adhere to any of these requirements could delay the processing of your request or result in its decline altogether.

Charges

If you return a defective product to us, but you fail to return all of the accessories and parts that were sold with that product, we are entitled to (subject to applicable law) to refuse the return, only to replace the item that you did return, or to estimate the value of the missing accessories and parts and only to credit or refund you in respect of the returned item.

If you return a product that does not comply with this Policy, you may be liable to reimburse Floating Designs for the cost of collecting the product from you and/or the cost of having the product returned to you.

Under no circumstances will donations be refunded.

10. STANDARD WARRANTY

If you have received a product which turns out to be defective or otherwise of poor quality, please notify us as soon as reasonably possible after you become aware of the defect or poor quality, but in any event within 6 (SIX) months after delivery / collection of the product (except in the case of an extended supplier warranty, which is set out below).

You can do so by logging a return via email at info@floatingdesigns.co.za, and we will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice repair / replace the product (if such repair is possible / we have the same product in stock to use as a replacement) or refund your account with the purchase price of the product. If the repair / replacement takes longer than 21 days, we will get in touch with you to see if you would rather receive a credit.

Where there is no extended supplier warranty period, unfortunately we cannot facilitate returns that fall outside of the 6 (SIX) month period.

Extended Supplier Warranty

A product may have a supplier warranty that extends beyond the 6 (SIX) month Standard Warranty. If such a product turns out to be defective more than 6 (SIX) months after delivery / collection, please notify us as soon as reasonably possible after you become aware of the defect, but in any event within the extended supplier warranty period after delivery / collection of the product.

You can do so by logging a return via email at info@floatingdesigns.co.za, and we will facilitate your return of the product to the supplier at no charge. Unfortunately we cannot facilitate returns that fall outside of the extended supplier warranty period.

Please note that any extended supplier warranty is subject to whatever terms and conditions the supplier or manufacturer may impose. These are usually stated in a brochure or leaflet inside or on the product packaging. It is your responsibility to make yourself aware of any such terms and conditions.

It is also important to note that it will be in the supplier or manufacturer’s discretion what remedy it can offer you. Floating Designs is under no obligation to provide you with a repair / replacement, as your remedy lies with the supplier or manufacturer.

11. VOUCHERS AND COUPONS

There are two types of Coupons: a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon”), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon”).

Where you have used a Fixed Coupon to pay for an order, and you or Floating Designs later cancels your order (or part thereof) prior to delivery of the relevant product(s), or you log a return of one or more products for a credit in accordance with this Policy, the value of the Fixed Coupon will be deducted off the purchase price of the cancelled or returned product(s) (as applicable), and we will credit your account for the balance, if any (or refund you if that is your preference). We will also provide you with a replacement Fixed Coupon of the same value as the original Fixed Coupon used. Floating Designs may in its sole discretion impose restrictions on the use of the replacement Fixed Coupon. For any subsequent cancellations or returns arising out of the same order, we will credit your account as normal with the value of the returned product (or refund you if that is your preference).

Where you have used a Percentage Coupon to pay for an order, and you or Floating Designs later cancels your order (or part thereof) prior to delivery of the relevant product(s), or you log a return of one or more products for a credit in accordance with this Policy, the value of the discount received using the Percentage Coupon will be deducted off the purchase price of the cancelled or returned product(s) (as applicable), and we will credit your account for the balance, if any (or refund you if that is your preference). We will also provide you with a replacement Fixed Coupon of the same value as the discount received using the original Percentage Coupon. Floating Designs may in its sole discretion impose restrictions on the use of the replacement Fixed Coupon. For any subsequent cancellations or returns arising out of the same order, we will credit your account as normal with the value of the returned product (or refund you if that is your preference).

Wherever you have used a Voucher to purchase a product that you later return for a refund in accordance with this Policy, we cannot refund you in cash for that portion of the purchase price which you paid using the Voucher, but we will credit your account.

12. TITLE OF GOODS

You agree that we retain the legal ownership of the goods until full payment has been made by you and delivery has been made to you.

13. ERRORS & OMISSIONS EXCLUDED

Floating Designs' prices and quotations are subject to the above conditions.