SLOOM TERMS OF SERVICE

These Terms of Service (“Terms”) are effective as of : 29 April 2019 “Effective Date”

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. YOUR CONTINUED USE OF THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPTED THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF THESE TERMS ARE APPLICABLE TO ALL USERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.

1. INTRODUCTION

1.1. The website http://www.sloom.co.za (“the Website”) together with all mobi-related sites are owned and operated by Afrisleep (Pty) Ltd t/a Sloom (bearing registration number: 2016/248682/07) (hereinafter referred to as “Sloom”, “we”, “our” or “us”). The Terms herein are entered into by and between us and the User. Any reference to “Sloom”, “we”, “our” or “us”, shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.

1.2. These terms, including any document incorporated by reference herein, including, but not limited to the Privacy Policy (collectively, the “Terms”) apply to any User who uses any one or more of the Services, accesses, refers to, views and/or downloads any information or material made available on the Website for whatever purpose (hereinafter referred to as “User”, “you” or “your”).

1.3. Accessing and/or use of the Website after the Effective Date will signify that you have read, understand, accept, and agree to be bound, and are bound, by the Terms, in your individual capacity and for and on behalf of any entity for whom you use the Website. Further, you represent and warrant that you have the authority to do so and that you are a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).

1.4. To the extent permitted by applicable law, we may modify the Terms with prospective effect without prior notice to you, and any revisions to the Terms will take effect when posted on the Website, but notice of such change will be reflected on the Website. Such modifications will require acceptance by you prior to your continued use of the Website, and you continued use thereof be construed as your consent to the amended or updated Terms. Your only remedy, should you not agree to these Terms, is to refuse acceptance of the amended or updated Terms, and therefore your use of this Website.

2. TERMINOLOGY

2.1. “Browser” shall mean any person who visits any page of the Website, whether by landing on the home page or any other page through use of a hyperlink of another website or by direct access to the Website, and who has no intention of using the Services offered by us, or who has not as yet utilised the Services;

2.2. “Business Days” shall mean any days which are not a Saturday, Sunday or gazetted public holiday in the Republic of South Africa and which shall be between the hours of 09h00 – 17h00;

2.3. “Goods” shall mean the goods as made available to a User for purchase on the Website, and which include mattresses, pillows, mattress bases and other related items;

2.4. “Party” or “Parties” shall mean Sloom and/or or the User as the context implies;

2.5. “Personal Information” shall mean the Personal Information as collected from the User in order to utilise the Services and/or the Website as more full set out in the Privacy Policy situate at www.sloom.co.za/privacy-policy;

2.6. “Services” shall refer to the Services provided by us to the User as set out in clause 4 below;

2.7. “Terms” shall mean these Terms of Service as read together with the Privacy Policy; and

2.8. “User” / “Purchaser” shall mean a Browser who registers on the Website in order to make use of the Services.

2.9. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

3. YOUR AGREEMENT TO THESE TERMS

3.1. Subject to, and on the basis of a User’s acceptance of the Terms, we grant to you a limited, revocable, non-transferable license to access and use the Website in accordance with the various policies and agreements which may govern such use and access.

4. DESCRIPTION OF OUR SERVICES
4.1. The Website enables you to shop for and purchase Goods for delivery to you.

5. REGISTRATION PROCESS
5.1. Only Users may order and purchase Goods through the Website.

5.2. A potential User shall be able to create an account on the Platform by providing, among others, a secure password and email address (“Log In Details”), together with additional personal information as set out in the Privacy Policy.

5.3. Each time a User wishes to make use of the Services, the User shall be required to log into the Website using Log in Details.

5.4. In the event of a User being of the view that its Log in Details are being used by someone else, please contact us immediately at info@sloom.co.za.

6. ORDERING PROCESS

6.1. It shall be incumbent on the User, when purchasing Goods to ensure that all contact details, addresses and the like have been recorded correctly. Sloom shall not bear the onus of ensuring that the details submitted by a User in terms of the Privacy Policy and those recorded by it when finalising a purchase are the same, and we shall not be held liable for any Goods delivered to an incorrect address or person as a result thereof.

6.2. We reserve the right to prevent a User from purchasing Goods through the Website, and this decision shall be based on, but not limited to, the User:

6.2.1. habitually cancelling or returning Goods after delivery;

6.2.2. having insufficient funds to cover the payment of the Goods; and/or

6.2.3. reversing payments or attempting to initiate fraudulent payments.

6.3. In the event of a User purchasing Goods which have not been recorded on the Website as being out of stock or discontinued, we will make all reasonable efforts to obtain a similar item to that originally purchased within the same price range, alternatively reimburse the Purchaser, or further alternatively, reach such other agreement that is satisfactory to both Sloom and the Purchaser.

7. PRICE OF THE GOODS

7.1. The price of the Goods as reflected on the Website shall include cost of delivery.

7.2. All prices are in South Africa Rands.

7.3. We shall take all steps possible to ensure that the prices as reflected on the Website are correct. We bear no liability for the incorrect pricing of the Goods or any loss, claim or expense arising from such error in respect of either the Website or the website of a third party.

8. PAYMENT AND REIMBURSEMENTS

8.1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

8.2. Payment may be made as follows:

8.2.1. Card payments (debit and credit cards) – where payment is made by card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order for the Goods will be cancelled. You warrant that you are fully authorised to use the card supplied for purposes of paying for the Goods. You also warrant that your card has sufficient available funds to cover all the costs incurred as a result of the Goods purchased on the Website;

8.2.2. Electronic Funds Transfer (“EFT”) or Bank Transfer – if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) Business Days of placing your order. We will not accept your order or attend to delivery of the Goods if payment has not been received.

8.2.3. Snapscan; and

8.2.4. Payfast.

8.3. Once you have selected your payment method (save for Bank Transfer), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

8.4. Goods will only be released for delivery once payment has been received into our banking account.

8.5. In the event that after payment has been received it transpires that we are unable to honour the purchase due to the specific Good being out of stock or such other reason that is out of our control, we will attend to refund the Purchaser within 7 days of the payment having reflected into our account.

9. COUPON CODES AND PROMOTIONS

9.1. We may, at our own discretion, and from time to time, offer discount coupons or promotions in respect of certain of the Goods which are sold on the Website.

9.1.1. In order for a coupon code to be honoured, the discount as associated with the coupon code:

9.1.1.1. must be used in its entirety per order. You may not accumulate coupon codes and use more than one per Good;

9.1.1.2. shall not be redeemed where an order does not include a mattress as one of the Goods being purchased;

9.1.1.3. cannot be replaced if expired;

9.1.1.4. may not be used as a credit claim against cash that has already been dispensed in payment for Goods;

9.1.1.5. is non-transferrable and may not be exchanged for cash; and

9.1.1.6. must be used as a once off application and not split over a period of time, or over multiple orders.

9.1.2. Insofar as promotions are concerned, Goods received free of charge as a result of promotions that we may be running at the time may not be exchanged or returned for either a cash refund or in order to build up a credit against future purchases.

10. DELIVERY OF GOODS

10.1. We shall make the necessary arrangements for the Goods to be delivered to the Purchaser through a delivery service of our own election.

10.2. The Goods shall be delivered to the User at the address nominated by the Purchaser.

10.3. The delivery shall take place as soon as reasonably possible after payment has been confirmed in our banking account and the Goods released for delivery.

10.4. A User, by changing the delivery address after the Goods have been dispatched acknowledges that it shall be liable for all delays occasioned thereby.

10.5. If as a result of an event or events outside of our control delivery of the Goods is unduly delayed, then the Purchaser shall be entitled, within 3 days of notification of such delay, to cancel the transaction and receive a refund.

10.6. We shall not be liable for any losses, however so arising, including direct, indirect, special, consequential or otherwise, which may be suffered by the User or any other third party as a result of a delay in the delivery of the Goods.

10.7. The delivery service is contracted solely to deliver the Goods to the nominated address (or changed address as the case may be). It is under no obligation to, nor shall it ensure that the Goods are delivered directly to the User. The onus is on the User to ensure that either it, or a designated and responsible person is available to take delivery of the Goods on its behalf.

10.8. Our obligation to provide the Goods to the User is fulfilled when the Goods are delivered to the User’s nominated address. We are not responsible for any loss or unauthorised use of the Goods after delivery has taken place.

11. TRIAL PERIOD IN RESPECT OF SLOOM MATTRESSES

11.1. A User may, for 100 nights (“the Trial Period”) (counted from the date of delivery) exercise a trial period in respect of a mattress only, whereafter, if so wishing, the mattress may be returned to us, subject to the following:

11.1.1. No returns will be entertained after the expiration of the Trial Period.

11.1.2. The mattress may only be returned at any time after the 60th night from date of delivery, but before the 100th night.

11.1.3. All costs associated with the return of the mattress will be covered by us.

11.1.4. A full refund will be made to the User using the same method when purchasing the mattress, 7 days or later from date of confirmation that the collection of the mattress together with all ancillary parts as originally delivered to the User has been effected. The failure by a User to return all peripheral items associated with the mattress so delivered will render the obligation to effect such refund void.

11.1.5. A User who has in the past returned a mattress during the Trial Period may not, at our discretion, be afforded the benefit of another return during the same or any other Trial Period.

11.1.6. The Trial Period is linked to the User who purchased the mattress and is not transferrable to any third party, or to any other address save that to which it was originally delivered where the User may have moved. In the event of a User having moved, proof of change of address is to be provided to us prior to the invoking of the benefits of the Trial Period.

11.1.7. The refund associated with the Trial Period may be refused by us, at our discretion, if the mattress is:

11.1.7.1. burnt;

11.1.7.2. cut;

11.1.7.3. torn;

11.1.7.4. water/tear stained or marked;

11.1.7.5. stained by bodily fluids; and

11.1.7.6. bears any other markings, staining, wear or damage that may not be viewed as normal or wear and tear.

In this regard, and in order to prevent damage we would suggest, although not mandatory, that a mattress protector be used at all times.

11.1.8. In the event of the mattress being returned to us and replaced by another during the Trial Period, the Trial Period shall be suspended for the period that the User is not in possession of a mattress, with the counting recommencing from the night on which the returned mattress was deemed to be in the possession of the User. The counting period shall not be reset to “one” at any given time. As such, there will only be one Trial Period per User.

11.2. Should a User wish to return a mattress during the Trial Period it is requested to contact our offices at info@sloom.co.za or 087 550 3146 in order to make the necessary arrangements, and receive the packing instructions for the collection of the mattress.

11.3. Although we aim to have the mattress collected within 5 Business Days from the request to do so, we cannot always guarantee the time period, and in certain instances it may take up to 10 Business Days before collection may be affected.

12. RETURNS

12.1. If you are not completely satisfied with your purchase you may return the Goods to us within 7 days from date of receipt, and providing that same are in their original packaging, unopened and unused, we will refund to you the amount paid in respect of such Goods.

12.2. All returns as may relate to defective goods shall be dealt with in clause 13 below.

13. WARRANTIES AND GUARANTEES IN RESPECT OF SLOOM MATTRESSES

13.1. All Sloom mattresses carry a two-year full factory guarantee against faulty workmanship and materials.

13.2. We will, at our discretion, repair or replace the defective mattress in accordance with such guarantee.

13.3. In the event of the mattress being out of the two-year guarantee period and requiring replacement or repair, we shall attend to same on a User’s behalf, upon the payment of a service charge, which shall then form part of the twenty-year service warranty as offered by us.

13.4. The service charge shall be calculated by dividing the current retail price of the mattress by 25 and multiplying the result with the number of years since the purchase date as reflected on the original invoice.

13.5. The twenty-five -year service warranty shall only be applicable if activated by the original Purchaser and the original invoice is presented.

13.6. Both the guarantee and warranty shall apply to the following:

13.6.1. deterioration in the mattress causing denting exceeding 35mm;

13.6.2. any physical flaw in the mattress which has resulted in the foam splitting or cracking, despite normal usage and proper handling and care; or

13.6.3. a manufacturing defect in the zipper assembly or fabrics making up the mattress cover.

13.7. Neither the guarantee nor the warranty shall cover:

13.7.1. damages caused to the foam cover or zipper as a result of not aligning the foam layers properly;

13.7.2. damage caused as a result of the mattress being used with an inadequate foundation or base;

13.7.3. formation of mould or mildew caused from using the mattress on a non-breathable surface;

13.7.4. either the mattress or the base sustaining damage due to abuse, misuse or unsanitary treatments beyond reasonable use including, but not limited to, burns, cuts, tears, stains, bodily fluids, or spills;

13.7.5. not complying with washing instructions and proper handling instructions in respect of the cover resulting in damage to the cover or the zipper;

13.7.6. complications resulting from use or inability to use the mattress;

13.7.7. personal comfort preference;

13.7.8. height of the bed due to a User’s own base or headboard;

13.7.9. normal decrease of firmness that may occur during regular use; and

13.7.10. as a remedy for aches, pains or other health issues.

13.8. Requisite documents required in order to verify the validity of the guarantee or warranty claim:

13.8.1. photographs recording the indentation by placing the mattress directly on to a flat floor and measuring the vertical distance from a flat level string pulled tightly across the product, lightly touching opposite sides, to the lowest point of the indentation using a clearly demarcated measuring device; and

13.8.2. photographs of any and all physical flaws relating to the warranty or guarantee claim.

13.9. In the event of us agreeing to repair the mattress either in terms of the guarantee or the warranty (as the case may be) the User may be required to provide us with further photographs so requested.

13.10. We may, should it appear to be necessary, repair or replace the mattress cover with the current style fabric available and in this regard, we make no guarantee that this will be of the same or similar design as the original.

13.11. We shall bear the cost of the shipping on condition that the mattress is still situate at the abode reflected on the original invoice. Should the location of the mattress have moved, or should same be in a remote area, then the User will be required to make payment of the balance of the shipping costs.

13.12. A guarantee is valid for 2 years, with a warranty being valid for 25 years, neither shall be extended for any reason whatsoever.

13.13. We, at all times, reserve the right at our sole and absolute discretion, to refuse the activation or a guarantee or a warranty if, upon inspection of the mattress it is seen to be dirty, stained or in an unsanitary condition, or further, when the mattress is found to be damaged due to abusive treatment by the User or third parties.

14. WARRANTIES BY THE USER

14.1. The User warrants and represents that the Personal Information provided to us is and shall remain accurate, true and correct and that the User will update the Personal Information held by us to reflect any changes as soon as possible.

14.2. The User further warrants that when registering on the Website it:

14.2.1. is not impersonating any person; and

14.2.2. is not violating any applicable law regarding use of personal or identification information.

14.3. Further and insofar as the registration process is concerned, the User warrants that the Log in Details shall:

14.3.1. be used for personal use only; and

14.3.2. not be disclosed by a User to any third party.

14.4. For security purposes the User agrees to enter the correct Log in Details whenever purchasing Goods, failing which access will be denied.

14.5. The User agrees that, once the correct Log in Details relating to the User’s account have been entered, irrespective of whether the use of the Log in Details is unauthorised or fraudulent, the User will be liable for payment of such Goods purchased.

15. WARRANTIES BY SLOOM

15.1. We make no representation or warranty (express or implied) that the Website or Services will:

15.1.1. meet a User’s needs;

15.1.2. be accessible at all times;

15.1.3. be accurate, complete or current; or

15.1.4. be free from viruses.

15.2. Subject to any express terms, we make no representation or warranty as to the volume or subject area of Services accessible through the Website.

15.3. Except for any express warranties in these Terms, the Services are provided “as is”. Sloom makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or non-infringement. We do not provide any warranties against viruses, spyware or malware that may be installed on your computer as a result of you accessing or using the Website.

15.4. Sloom does not warrant that the use of the Website will be uninterrupted or error free, nor does Sloom warrant that we will review information for accuracy or that we will preserve or maintain the User’s Personal Information without loss.

15.5. Sloom shall not be liable for delays, interruptions, service failures or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of Sloom. While a User may have statutory rights, the duration of any such statutorily warranties, will be limited to the shortest period to the extent permitted by required law.

16. PROTECTION OF PERSONAL INFORMATION

16.1. We undertake as far as is possible, to protect each User’s Personal Information in accordance with the Privacy Policy, and not provide same to any third party, except as may be necessary in order to perform all such Services as required in terms of these Terms or otherwise in terms of the Privacy Policy.

17. UNAUTHORISED USE OF THE WEBSITE OR EMAIL ADDRESSES AS PROVIDED BY US

17.1. A User may not use the Website for any objectionable or unlawful purpose.

17.2. A User is not able to upload any information onto the Website save for the Personal Information as required when registering on the Website.

17.3. A User undertakes not to send to us spam mail, or make use of other unsolicited mass e-mailing techniques.

17.4. A User shall not introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment through email communication with us.

17.5. A User may not sell, redistribute or use information contained on the Website for a commercial purpose without our prior written consent.

17.6. A User may not remove or alter our copyright notices or other means of identification including any watermarks, as they appear on the Website or any of our emails.

17.7. A User understands and agrees that it is solely responsible for compliance with any and all laws, rules and regulations that may apply to its use of the Website or the Services.

18. LINKS TO OTHER WEBSITES

18.1. The Website may contain links or portals to other websites. We have no control over websites operated by third parties and the User agrees that we are not responsible for and will have no liability in connection with a User’s access to or use of any third-party website.

19. LIMITATION OF LIABILITY AND INDEMNITY

19.1. The Website shall be used entirely at a User’s own risk.

19.2. We are not responsible for, and the User agrees that we will have no liability in relation to, the use of and conduct in connection with the Website, or any other person’s use of or conduct in connection with the Website, in any circumstance.

19.3. We cannot guarantee or warrant that any file downloaded from the Website or delivered to you via email will be free of infection or virus, worms, trojan horses or other code that has contaminating or destructive qualities. A User is responsible for implementing appropriate processes, systems and procedures to protect itself from this type of issue.

19.4. A User indemnifies us, and agrees to keep us indemnified, from and against any claim, loss, damage, cost or expense that we may suffer or incur as a result of or in connection with a User’s improper use of or conduct in connection with the Website, including any breach by a User of these terms or any applicable law or licensing requirements.

19.5. To the maximum extent permitted by law we exclude all implied representations and warranties which, but for these terms, might apply in relation to a User’s use of the Website.

19.6. To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or tort (including negligence), to a User will be limited to the minimum amount imposed by such law.

19.7. Notwithstanding anything to the contrary in these terms, in no circumstances will we be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to interruption of the Services of any type, whether in delict, contract or otherwise.

20. COPYRIGHT

20.1. Sloom and the contents of the Website are the property of Sloom, unless specified otherwise, and are protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website and/or the Services, is our property, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.

20.2. Except as stated in the Terms, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without our prior written permission, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.

20.3. Users are expressly prohibited to “mirror” any content, contained on the Website, on any other server unless our prior written permission is obtained, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.

20.4. The User is granted a limited, revocable, and non-exclusive right to create a hyperlink to the Website, so long as the link does not portray us, our affiliates, Goods or Services in a false, misleading, derogatory, or otherwise offensive manner. A User may not use our logo or other proprietary graphic or trademark as part of the link without our permission or the permission of our affiliates or content suppliers.

20.5. All trademarks and copyrights, as also any other intellectual property rights, in and to any of the content of the Website are the exclusive property of Sloom.

21. INTELLECTUAL PROPERTY

21.1. A User undertakes not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Website including any algorithm used by us.

21.2. We own or are licensed to use all intellectual property on the Website. A User may not use any of our intellectual property for any purpose other than as may be required to use the Website for its intended purpose.

22. MISCELLANEOUS

22.1. Assignment and novation:

22.1.1. We may assign or novate any of our rights or obligations under these Terms without a User’s consent. A User may not assign or novate any of his/her rights.

22.2. Force Majeure:

22.2.1. The failure of either Party to fulfil any of their obligations under these Terms shall not be considered to be a breach of, or default provided such inability arises from an event of Force Majeure, and that either of the Parties who may be affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures in order to meet these Terms, and has informed the other as soon as possible about the occurrence of such an event.

22.2.2. During the subsistence of Force Majeure, the performance of both Parties under these Terms shall be suspended, on condition that either of them may elect to cancel any Services should the event of Force Majeure continues for more than 14 (fourteen) days by giving written notice to the other.

22.3. General

22.3.1. To the extent permitted by law, these Terms shall be governed by and be construed in accordance with South African law, and any dispute arising out of these Terms shall be submitted to the competent South African courts having the requisite jurisdiction to hear the matter.

22.3.2. To the extent necessary and/or possible, you consent to the exclusive jurisdiction of the Western Cape High Court or an alternative appropriate South African court seized with appropriate jurisdiction in all disputes arising out of the Terms, our Services, and/or related agreements incorporated by reference.

22.4. Severance

22.4.1. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and the remaining terms will continue to apply. Failure by us to enforce any of the provisions set out in these Terms and/or any other agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.

22.5. Domicilium Citandi Et Executandi and Contact Information

22.5.1. The User and Sloom choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following:

22.5.1.1. Afrisleep (Pty)Ltd t/a Sloom
10 Clam Road
Table View
Cape Town
Western Cape
7441