Terms and Conditions
Welcome to the Red Apple Website which may be accessed at www.redapple.za.com Please take time to read these terms and conditions including any policies which are contained herein to understand how they apply to you and the use of our website as well as any products and services you may order online.
The terms and conditions set out govern the relationship between Grandbridge Trading (Pty) Ltd trading as Red Apple Furniture South Africa (hereinafter referred to as “Red Apple”) and you (the “customer”) when placing an order through our website (Online Shop). Your use of this site indicates your acceptance of these terms and conditions together with any policies outlined herein and your agreement to follow and be bound by them. These terms and conditions are subject to and may be amended from time to time. You are accordingly requested to read them regularly and update yourself on the latest applicable terms.
All orders placed online are consequently governed by the terms and conditions of sale in effect at the time that such order is placed. All warranties and guarantees provided by Red Apple apply only to the customer placing the order and are non-transferrable should the customer decide to resell any product purchased from the Red Apple store.
The terms and conditions herein contained govern the ordering, sale and delivery of goods and the use of the website. This website allows you to shop online for an extensive range of goods offered by Red Apple and including but not necessarily limited to furniture, lighting and décor products (“the goods”). These terms and conditions apply to users who are consumers for purposes of the Consumer Protection Act 68 of 2008 (“the CPA”). Your use of this website is subject to these terms and conditions and you accept full responsibility to ask Red Apple to explain it to you prior to your use of the website, if required. You must not use this website if you do not agree to the terms and conditions. Nothing in these terms and conditions should be interpreted or is intended to either restrict, limit or avoid any right or obligation, as the case may be, created for either you the customer or Red Apple in terms of the CPA.
- Website Ownership
The Red Apple website is owned and operated by Grandbridge Trading (Pty) Ltd trading as Red Apple Furniture South Africa a company duly registered and incorporated with limited liability having registration number 2010/022931/07 and which has its principal place of business at 18 – 22 Houer Road, City Deep, Johannesburg. The content of such website, to be interpreted in the widest possible sense and including all pages, images, logos, graphic designs, video clips and the like and/or any other intellectual property, is held by Red Apple and remains the exclusive property of Red Apple. You may use this website subject to the terms and conditions herein contained and not for any unlawful purpose.
Any use of the material contained on this website, its modification, distribution or reproduction without prior written consent of Red Apple is wrongful and unlawful and prohibited and
constitutes an unlawful infringement of the property rights of Red Apple.
- Applicable Law
This agreement and any dispute arising there from, is governed by the laws of Republic of South Africa.
- The prices displayed on this site are quoted in South African Rands inclusive of Value Added Taxation (‘VAT’) and are valid and effective only in South Africa. Products and prices displayed on this site may vary from time to time and are subject to availability. Red Apple Furniture or its agents shall in no way be held responsible for any errors or misstatements emanating from this website. Despite our best efforts, a small number of the items may be incorrectly priced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Orders placed are irrevocable once a payment has been made. All items are sold voetstoots and cannot be exchanged or returned except in accordance with the terms specified. Payments made by EFT (Electronic Funds Transfer) require a 48-hour period of clearance.
- Pricing shown is subject to modification at any time.
- Ordering Online
- None of the data displaying content or other material on the Red Apple website constitutes an offer, but is merely displayed so as to invite you to do business.
- Accordingly all orders placed through Red Apple constitute an offer and is subject to acceptance of the order. Red Apple reserves the right to decline any order without giving reasons and is only liable to refund actual monies paid by the customer.
- Quality Guarantee
- Red Apple guarantees that our products will be free from defective material and workmanship and we offer a 1 year quality guarantee.
- We will only be liable to honour a guarantee if:-
- the defect existed at the time of delivery and/or manifested during the warranty period;
- the defect did not arise due to normal wear and tear or abuse by the customer;
- the customer provides the tax invoice.
Should you be unhappy with your product during the guarantee period, please send us a photo of the defect along with a written description of the flaw. After assessment we will then be in contact with you to make arrangements within our discretion either for repair or replacement at our cost.
- Incorrect, Damaged, Faulty Goods,and Delivery
In the case of incorrect/damaged/faulty goods please notify us of the incorrect/damaged/faulty product within 3 days of receipt of the product. Please e-mail email@example.com with a clear photo of the damaged/incorrect product received along with a description of how and why the product is faulty. Please keep all original packaging. We will ensure the correct/new product is delivered to you (subject to stock availability) within 10 working days or you will receive a full refund. If the product is not available in stock or has to be imported/manufactured, please allow for the original lead time periods for replacement unit/s to be delivered. We will endeavour to deliver on the date and time advised. Whilst we are committed to the delivery on time, the actual date of delivery is subject to variation.
We offer a returns option on some of our products. The products that are returnable are indicated on the product detail section of each product on the website. If you wish to return the product/s email us at firstname.lastname@example.org within 5 working days of receiving the product/s that you wish to return. Include in this email images of the product/s and the packaging along with details on why you wish to return. Return requests will be approved at the discretion of Red Apple. Products will not be eligible for return if they have been partially or entirely disassembled, physically altered, permanently installed, affixed, attached, joined or added to, blended or combined with, or embedded within, other goods or property. This includes products that have been worn or damaged. Once we give you our written confirmation and consent that you can proceed to return the goods are to be returned at your instance and expense to the relevant warehouse address in Johannesburg that we will supply you. Once we receive the goods in perfect condition (and in original packaging), we will proceed to refund you the full price paid for the product/s. (less the original delivery charge paid) within 48 hours.
- Warranty Terms
All warranty claims must be supported by proof of purchase Tax Invoice. That the warranty is subjected to a carry in service and that any request for call out to site service will be subjected to a minimum call out fee which call out fees are subject to change without any further notice. That all warranty claims must be submitted in writing and supported by a minimum of thee images of the defective item from three different angles showing clearly the defect.That the purchaser is responsible for making the final decision to purchase and defining suitability or purpose and that the seller does not warrant in any way whatsoever that the product is suitable for the chosen application.
- Receipt and Inspection
The customer is required to inspect products on delivery. The customer OR the person taking delivery on behalf of the customer will be required to sign a proof of delivery (POD). Unless indicated to the contrary on the POD, it is deemed that the product has been delivered and received in good condition. Red Apple Furniture cannot be held accountable for any damages that are not detailed on the proof of delivery.
The colours of our products shown on this website may look different on your computer compared with the colour of the actual product. This is because different computers display colours differently depending on the type of computer screen (LCD, plasma, desktop, laptop etc.) Red Apple Furniture cannot be held responsible for any mistakes in ordering items whose actual colour is different from that appearing on the website as viewed on your computer.
- Intellectual Property
- Red Apple Furniture retains all copyright and other rights to services, as well as listings, information, images, videos, and databases (the “protected property”). A modification, reproduction, publication, disclosure to third parties and / or exploitation of the protected property without the prior written consent is expressly prohibited.
- All rights, including copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on this Website are owned by or licensed to us. All data and information communicated to or from the Website including its database also belongs solely to us or our licensors. You agree to sign all documents as we may reasonably require in order to assign any rights that you may acquire in the content of our Website. You agree also to waive any moral rights in such content. You are permitted to view, print or store electronically a copy of any information on our Website, including these Terms, solely for your personal, lawful, non-commercial use. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.
- Red Apple do not own the trademarks to any original designs. All design classics depicted on our website or traded are high quality reproductions. We do not deal in originals, but import replicas, to the highest standard in the same style of the original design. The names Charles & Ray Eames, Harry Bertoia, George Nelson, Philippe Starck,, Eero Aarnio, Arne Jacobsen, Mario Bellini, Jean Prouve, Hans Wegner, Acapulco, Tolix, Navy, Ghost, Barcelona, Parillo, Noguchi, Masters, Tom&Jerry, Laclasica, Viento, Stone, Madamoiselle, Dr. No, Basel, Pasha, Maui and Shark are only used to describe the characteristics of the goods made to their designs, and not as trademarks.
Red Apple Furniture reserves the right within its sole discretion to cancel or refuse to fulfill any order it suspects of being fraudulent.
- Disclaimer and Exclusion Of Liability
- This website is used entirely at your own risk. Red Apple makes no representations or warranties of any kind, whether express or implied. Red Apple does not warrant that the functions provided by this website will be uninterrupted or without error or that the website or its affiliate servers are free from viruses or other harmful components. Red Apple accepts no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever caused arising from the access or use of our website or the purchase of any of our products or services. You the customer agrees to indemnify Red Apple against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of the website and/or purchase of any product or services.
- Accordingly this site and all its contents are provided on a voetstoots “as is” basis and is utilized solely at your own risk. You accordingly agree to defend, indemnify and hold harmless, Red Apple against any or all claims and costs either by way of damages or otherwise including attorneys fees and arising from your related use of the site.
You agree and consent to receive communications from us electronically, in other words by electronic mail or as more commonly known, e-mail.
- Availability of Stock
Whilst stocks last, our products are available and our prices are applicable as long as they are featured on the Red Apple website however it is expressly understood that all products are advertised for purchase, subject to availability.
- Use of our Logos, Content, and Images
You are not permitted to use the content of our Website, our logos or any product or other images that appear on our Website without our prior written consent. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an infringement of our or our licensors’ intellectual property rights.
- Risk and Ownership
Risk in the product shall pass to you or your authorized representative on delivery. Red Apple retains full ownership in the products until payment has been received in full.
- In concluding an agreement under the terms and conditions herein contained, both parties accept and are made aware that you as the customer will upload onto our website, certain personal information including payment card information which we endeavour to retain in a secure environment in order to minimise the risk of unauthorized disclosure or interception. We undertake not to disclose, sell or rent your personal information to any third party without your consent, unless we are compelled to do so by law alternatively provided you have granted the necessary consent.
- Whilst all reasonable efforts are taken to ensure that any personal information and/or payment card details are protected over the internet, we cannot guarantee the absolute security of any information that is exchanged with us.
- Linking To Third Party Websites
This website may contain links or references to other websites which are outside of and beyond the control of Red Apple including those of advertisers. These terms and conditions do not apply to those third party websites and Red Apple accepts no responsibility of whatsoever nature for such websites. You use of such third party websites is accordingly entirely at your own risk and Red Apple is not responsible for any loss, expense, claim or damage whether direct, indirect or consequential arising from your use of such third party website or your reliance on any information contained therein.
Red Apple hereby selects 18 – 22 Houer Road, City Deep, Johannesburg as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions. Red Apple may change this address from time to time by updating these Terms and Conditions. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving us not less than 7 days’ notice in writing.
Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent:-
- by hand will be deemed to have been received on the date of delivery;
- by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
- by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
- by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All email communications between you and us must make use of the “read receipt” function to serve as proof that an email has been received.
- Red Apple may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
- You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
- Any failure on the part of you or Red Apple to enforce any right in terms hereof shall not constitute a waiver of that right.
- If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
- No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
- No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
- These Terms and Conditions contain the whole agreement between you and Red Apple and no other warranty or undertaking is valid, unless contained in this document between the parties.
- Red Apple cannot be held responsible for any costs associated with the installation or subsequent removal of equipment. Neither Red Apple, or its members employees, affiliates, shareholders, agents, consultants, directors etc. shall be responsible to you for incidental, special, indirect or consequential loss or damage, any loss of profit direct or indirect, loss of sales, loss of goodwill or reputation, loss of business, third party claims, pure economic loss arising out of in connection with the performance or none performance of our obligations under these terms and conditions including such damage as may be reasonably foreseeable at the date you order the goods. Such liability is excluded irrespective of whether it arises in contract, derelict, statute or otherwise
- Red Apple’s liability for any claim for loss or damage if at all shall be limited to the sum paid by you the customer for the goods or replacement of such goods.
- If any provision of these terms and conditions is found to be invalid or unenforceable by a court the invalidity or unenforceability of such provision shall not affect the other provisions of these terms and conditions.
- Red Apple may sign or transfer any of its rights or sub-contract any of its obligations under these terms and conditions to any third party.
You the customer may not assign or transfer any of your rights or subcontract any of your obligations under these terms and conditions except with our specific permission in writing. Your attention is drawn to the fact and you accept that information transmitted via the internet is susceptible to monitoring and interception. Accordingly you bear all risk of transmitting such information in this manner and under no circumstances will Red Apple be liable for any loss, harm or damage suffered by you as a result of such transmission of information. Red Apple reserves the right to request independent verification of any information transmitted electronically and you consent to such verification should Red Apple deem it necessary.