Terms and Conditions

1. General

In these Terms and Conditions, “the Seller” shall mean Beige Bleu and “the Buyer” shall mean the purchaser of the products pursuant to any Sales Order which shall be subject to these Terms and Conditions.
These Terms and Conditions apply to the Sales Order to the exclusion of all other Terms and Conditions, implied by law (except to the extent that they cannot be excluded), or implied by trade or custom, or by course of dealing (unless otherwise agreed by the Seller in writing). No representative or agent of the Seller has the authority to agree to any Terms or make any representations inconsistent with these Terms and Conditions or to enter into any contract except on a basis of these Terms and Conditions alone.
The Seller shall sell and the Buyer shall purchase the products in accordance with a Sales Order of the Seller, initiated by:
1. any written quotation of the Seller which is accepted by the Buyer; or
2. any verbal order (including telephone order) by the Buyer which is accepted by the Seller and is subsequently confirmed in writing.
Whether the Buyer's Order is initiated by a written quotation of the Seller or a verbal order by the Buyer, it will be subject to the final confirmation in a Sales Order format by the Seller. The Sales Order of the Seller setting out the details of the Buyer's Order will prevail over any preceding communication between the Seller and the Buyer, whether verbal or in writing.
The Sales Order shall be issued by the Seller in the Seller's standard format in which each product ordered by the Buyer shall be itemised (“the Sales Order”). The Sales Order and these Terms and Conditions shall form the Sales Contract between the Seller and the Buyer (“the Sales Contract”).
If the Buyer makes an order from the Seller's catalogue or website, the Buyer is responsible to verify the colour, finish, design and dimension of the product. If the Buyer elects not to carry out such verification and inspection, the Buyer shall make such order at their own risk.
The Seller shall make reasonable endeavour to avoid any typographical, clerical or other errors or omissions in any sales literature, quotation, price list, acceptance of offer, Sales Order or invoice issued by the Seller. The Seller shall be entitled to make any correction to such errors or omissions and shall not be liable for any losses or damages in respect of such errors or omissions.

2. Prices

The prices for products are in South African Rand and inclusive of VAT.
Delivery costs will be charged in addition to the price of products and are included in the total cost of the order at checkout.
If we discover an error in the price of any products which you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If the order is cancelled and you have paid a deposit, we will provide a full refund of the deposit amount. If you have paid the full price, we will provide a full refund.

3. Payment and Delivery

For orders under $5,000.00, in-stock items and clearance pieces, full payment is required at the time of purchase. For custom orders over $5,000.00 the Buyer must pay a deposit equivalent to 50% of the total sales amount set out in the Sales Order. No Sales Order shall be processed until the deposit is received by the Seller.
The Buyer shall pay the balance due under the Sales Order when a date for delivery or pickup has been booked, or within 7 days of notice from the Seller when the product is ready for collection or delivery. No goods will be dispatched until the Seller receives the full balance payment.
The delivery date of the products provided by the Seller is an estimate only. If the Seller is unable to deliver the products on or before the estimated delivery date due to material shortage, shipping delay, customs clearance, quarantine detention, strike, act of God or any circumstances beyond the Seller's control, the Seller shall be entitled to delay or cancel the Sales Order and refund any deposit paid by the Buyer.
Where the Seller and the Buyer agree on a delivery date, the Buyer or their representative agrees to be present at the nominated place of delivery. If the Seller is unable to deliver the product because no one is in attendance, the Seller shall be entitled to charge a re-delivery fee of $150.
The Buyer must inspect the product upon delivery and agrees to acknowledge that the product is received in good order and condition. If there is any damage to the product which is not detectable at the time of delivery, the Buyer must forward a written report of the damage to the Seller within 48 hours of receipt. If the Seller does not receive any damage report within such period, no claim for damage will be processed.
Where the Seller has notified the Buyer that the product is ready for collection or delivery and the product is not collected or delivered within 21 days, the Buyer agrees to pay a daily storage charge equivalent to 0.3% of the total retail price from the date (being 21 days after notification) to the actual date of collection or delivery, for a maximum of 90 days. If no arrangement is made within 90 days, the Sales Order will be cancelled and all monies paid will be forfeit.

4. Risk and Title

The risk of damage or loss of the products shall pass to the Buyer upon collection or delivery.
The title of the product remains with the Seller until the sale price of the product and all other outstanding balance in the Sales Order is paid in full. The Seller reserves the right to repossess and recover the product from the Buyer prior to payment in full of any amount outstanding.
In addition to any other remedies, the Seller shall be entitled to charge interest at the rate of 10% per annum calculated daily for any outstanding balance from the date of collection or delivery to the date of final payment in full.

5. The Product

The Buyer acknowledges that there may be slight variations in respect of the material, colour, finish, craftsmanship and dimension between each piece and between the products received and those displayed on the Seller's website or showroom. Genuine wood will vary in colour and contain natural characteristics such as knots and graining. This is the result of using natural materials in the manufacturing process and is not considered a defect.
All product images on the Beige Bleu website are digitally staged. Actual products may vary in colour and appearance. The Buyer shall not be entitled to make any claim in respect of such variation.
Beige Bleu reserves the right to change dimensions, materials, design and construction specifications to improve the design of the product. In most cases any changes will be of a limited nature and not material or noticeable.
Please choose carefully as Beige Bleu will not provide a refund or exchange simply because you have changed your mind or the products did not meet your expectations. Beige Bleu will not be responsible for ensuring that the products are suitable for a particular purpose unless accepted in writing.

6. Assembly and Installation

If the Buyer requests the Seller to assemble the product at the Buyer's premises, the Buyer agrees to remove all valuables and home contents from the room prior to assembly. The delivery team is prohibited from being requested to perform any furniture removal without written permission by the Seller.
The Seller is not liable for any accidental damage to the Buyer's valuables, home contents and effects. Any accidental damage to the Buyer's property such as walls or floors must be recorded on the spot by a written damage report signed by the Seller's workman; no damage claim will be processed without such a record.
Where the Buyer requests a product to be mounted on any wall, the Seller shall arrange the work to be carried out in accordance with the National Building Regulations and Standards Act. The Buyer shall indemnify and keep the Seller indemnified from any damages, loss or claims arising from such work.

7. Cancellation and Returns

All catalogues, photographs, brochures and any presentations provided by the Seller are for illustrative purposes only. It is the Buyer's responsibility to ensure that the size, colour and design of the products are suitable for the Buyer's premises.
The Buyer shall not be entitled to cancel the Sales Order or return the product for change of mind, change of situation, or on the basis that the product is not the right size, colour or design for the Buyer's premises.
Where the Seller agrees to accept the cancellation of the product (at the Seller's absolute discretion):
1. if the manufacture of the products has not commenced, the Buyer agrees to forfeit a cancellation fee of up to $500 or 50% of the deposit, whichever is lesser;
2. if the manufacture of the products has commenced, the Buyer agrees to forfeit the full deposit amount paid;
3. the Buyer will have no further claim to the products.
Sale items and clearance pieces are sold “as is” with no exchange or refund.

8. Warranty Against Defects

Beige Bleu provides the original purchaser of its products a warranty against defects in workmanship and materials, in addition to guarantees that cannot be excluded under the Consumer Protection Act. The warranty period commences from the date of your original tax invoice.
Beige Bleu warrants that:
1. the frame used in each Beige Bleu furniture piece is guaranteed against failure due to a manufacturing defect for a period of 5 years from the date of delivery;
2. all other components of the product (including timber finishes, metal, glass and upholstery) are guaranteed against failure due to a manufacturing defect for a period of 2 years from the date of delivery.
If a product is replaced during the warranty period, the guarantee period will not reset and will continue to expire as per the date of delivery of the original item.
If a defect caused by faulty workmanship or materials appears during the warranty period, Beige Bleu may perform an inspection to determine if a manufacturing fault exists. If confirmed, Beige Bleu will, at its election, choose whether to repair or replace the defective part or product.

9. Warranty Exclusions

To the maximum extent permitted by law, and subject to the Consumer Protection Act, Beige Bleu is not liable for normal wear and tear. The following may occur as a result of natural and normal usage:

Wood and timber finishes will develop a natural patina over time;
Fabrics and upholstery may fade and crease with regular use;
Foam and fillings will soften and form the shape of the user over time;
Scars, marks and differing grain density are natural characteristics of wood;
Damage caused by spills such as acid, solvents, dyes or other corrosive materials;
Damage caused by improper cleaning, negligence, treatment with chemicals, or exposing the product to direct sunlight or extreme heat;
The failure of the purchaser to take reasonable steps to care for the product as described in any care instructions provided.

The warranty against defects is not transferable. It is limited to the original purchaser specified in the original Sales Order. The warranty only applies to products used for normal domestic purposes and excludes products used for commercial purposes.

10. How to Claim a Warranty

To claim under the warranty against defects, the purchaser must:

Cease using the product immediately after the defect appears;
Notify Beige Bleu within 7 days after the defect appears;
Provide a copy of the original Sales Order or tax invoice.

Once a claim has been lodged, Beige Bleu will assess your claim and respond within 5 business days.

11. Caring for Your Furniture

General Care: Please ensure that your furniture is used as intended. Do not sit on arms of chairs, do not sit or stand on table tops, and do not pivot on the back legs of chairs.
Sunlight: Prolonged exposure to direct sunlight will cause timber products to warp and finishes to fade. Position furniture away from direct sunlight where possible.
Timber Finishes: Natural timber will show distinctive markings, patterns and colour variations which are evidence of genuine timber materials. Always use protective heat coverings and coasters. Regularly clean surfaces by wiping with a non-abrasive, damp cloth.
Metal and Chrome Finishes: Dust the surface regularly to avoid build-up of pollutants which may cause the surface to rust. Avoid contact with sharp or hard objects.
Glass: Use a regular glass cleaner with a soft cloth. Always use a mat to avoid hot objects being in direct contact with glass. Avoid contact with sharp or hard objects. Never lift glass tops from the ends of a table.
Fabric Upholstery: If thread becomes loose, simply cut it off. Do not pull it. Dust is best removed using your vacuum cleaner with the appropriate attachment. Avoid harsh brushing and sharp objects.

12. Consumer Protection Act

Nothing in these Terms and Conditions excludes, restricts or modifies any rights, guarantees or remedies provided to the Buyer under the Consumer Protection Act 68 of 2008 or any other applicable consumer protection laws which cannot be excluded, restricted or modified by agreement.
Our goods come with guarantees that cannot be excluded under the Consumer Protection Act. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
The guarantees under the Consumer Protection Act are in addition to any warranty against defects provided in these Terms and Conditions. Should your product be defective, you may choose to make a claim under the Consumer Protection Act or the Beige Bleu Warranty Against Defects.

13. Liability

The Seller is only responsible to the maximum extent of furniture replacement or refund of the purchase price for any claims. No loss or damages as a consequence of using the furniture can be claimed against the Seller.
To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms are excluded and Beige Bleu is not liable in contract, tort (including negligence) or otherwise to compensate you for any increased costs or expenses, any loss of profit, revenue, business or anticipated savings, your use or misuse of the products, or any special, indirect or consequential loss or damage.

14. Privacy

The Seller agrees not to disclose any private and confidential information collected from the Buyer to any entity outside the Seller's organisation. We will use any personal information provided by you to enable us to process your purchase and communicate with you about our products. Please advise us if you do not wish to be contacted by Beige Bleu in this way.

15. Intellectual Property

You acknowledge that at all times all intellectual property including, but not limited to, designs, techniques, methods of manufacture, photographs, specifications, artwork, text, patented inventions and registered designs remain the property of Beige Bleu. You will not knowingly allow any intellectual property belonging to Beige Bleu to be reverse engineered, copied or breached in any manner.

16. Force Majeure

If a Force Majeure Event occurs, Beige Bleu may be prevented, hindered or delayed from performing its obligations. If this is the case, Beige Bleu will not be liable for non-performance of its obligations (other than an obligation to refund your deposit) to the extent that its performance is impacted by the Force Majeure Event. Force Majeure Event means any circumstance beyond the reasonable control of a party, including any act of God, riot, war, civil unrest, flood, epidemic or pandemic, earthquake, fire, lightning, storm, shipping delays, customs clearance or similar event.

17. Governing Law

These Terms and Conditions are governed by the laws of Gauteng, South Africa. The parties submit to the non-exclusive jurisdiction of the courts of Gauteng and any courts entitled to hear appeals from those courts.

18. Entire Agreement

These Terms and Conditions, together with the Sales Order, constitute the entire agreement between Beige Bleu and the Buyer for the purchase of the products. All representations, communications and prior agreements in relation to the subject matter are merged in and superseded by this agreement. If any part of these Terms is found to be void, invalid or otherwise unenforceable, the remainder of these Terms will continue to be enforceable and valid.

19. Contact Details

For any questions regarding these Terms and Conditions, warranty claims or general enquiries, please contact Beige Bleu via the Contact Us page on our website.