Terms - Riverwalk Furniture

Terms

Terms of use of Website

Online shopping at Riverwalk is a convenient way of browsing our product range, placing orders and making payments. We sincerely hope that this site provides you with the functionality and ease of use that you would expect.

If products are not in stock lead times may be up to 8 weeks.

To enquire if a product is in stock or not please contact our Head Office on 012 753 7943.

If you are dissatisfied with any aspect of this site or experience any problems with this site please send an email to info@riverwalkurniture.co.za and we will endeavour to resolve your problem.

ACCESSING ANY PAGES ON THIS WEBSITE IMPLIES THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF USE OF THIS WEBSITE.

Riverwalk Trading CC, registration number 2006/224952/13, trading as Riverwalk Furniture, and having its principal office at Unit 3, 81 Amatole Close, N4 Gateway Park, Willow Park Manor, (herein called the “Riverwalk”)and its affiliates provide their services to you subject to the following conditions:

  • Use of this site indicates your acceptance of these terms and your agreement to follow and be bound by them.
  • You may only use this website for lawful purposes and you warrant that you will not, other than for your personal and non-commercial use, store on your computer, or print copies of extracts from this website.
  • You may not, other than for your personal and non-commercial use, “mirror” or cache information provided via this website on your own server, or copy, adapt, modify or re-use the text or graphics from this website without prior written consent from Riverwalk.
  • Riverwalk or its agents shall in no way be held responsible for any errors or misstatements emanating from this website. Except where noted otherwise, the prices displayed on our website for our products represent the full retail list price of the product itself, including VAT. In the event that changes to the displayed product are required, e.g. different fabric or leather, changes to dimensions, changes to legs etc. Riverwalk  shall first have to quote on the bespoke item prior to accepting the offer.

These terms and conditions may change.

We may periodically change the terms and conditions of use of this website without notice, so kindly check them from time to time as your continued use of the site signifies your acceptance of any changed terms.

Copyright notice

The content on this website, including all of the page headers, Images, illustrations, graphics, audio clips, video clips and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Riverwalk and protected by South African and international copyright laws. The compilation of all content on this site is the exclusive property of Riverwalk and protected by South African and international copyright laws. All software used on this site is the property of Riverwalk or its software suppliers and protected by South African and International copyright laws. Riverwalk grants you permission to view electronically, copy and print in hard copy portions of the site for the sole purpose of browsing the site for your personal use only. Any other use of materials on the site, including a reproduction for purposes other than those noted above, modification, distribution or reproduction, without the prior written consent of Riverwalk and the lawful trademark and/or copyright owner (if applicable) is strictly prohibited and constitutes an unlawful infringement of the intellectual property rights of Riverwalk and/or such trademark and/or copyright owner.

Disclaimer

This site and all contents of this site are provided on a voetstoots “as is” basis without warranties of any kind, either expressed or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this site, that your use of this site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that Riverwalk shall not be liable for any damages of any kind related to your use of this site. We make no representations or warranties, whether express or implied, and assume no liability or responsibility for the proper performance of this website and/or the accuracy of the data contained on the website, and your use of the website and the data is thus at your own risk. In particular we make no warranty that the website or the data will meet your requirements, be uninterrupted, complete, timely, and secure or error free. This site may contain hyper-links to third party sites. Riverwalk is not responsible for the content of, or the services offered by or data contained on those sites. Any hyper-links are provided solely for your convenience and should not be construed as an express or implied endorsement by us of the sites or the data, products or services provided on the linked websites. You accessing of those sites and use their products, data and services solely at your own risk and subject to the website owners’ terms and conditions. Colours viewed on computers vary from one computer to the next and may also differ from the actual colour of the item displayed in Riverwalk’s showrooms. Customers are responsible for ensuring that the colour of the items as viewed in the Riverwalk  Furniture’s showrooms is acceptably close to the colour as viewed on their computer or not.

Indemnification

You agree to defend, indemnify and hold Riverwalk harmless from and against any and all claims, damages, costs and expenses, including direct, indirect, special or consequential damages, attorney’s fees, arising from or related to your use of the site. Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Riverwalk nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Riverwalk and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.

Electronic communications

You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Trademarks

Riverwalk, and other Riverwalk graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Riverwalk in South Africa. Riverwalk’s trademarks and trade dress may not be used in connection with any product or service that is not Riverwalk’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Riverwalk. All other trademarks not owned by Riverwalk or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Riverwalk or its affiliates.

License and site access

Riverwalk grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Riverwalk. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Riverwalk. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including Images, text, page layout, or form) of Riverwalk and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Riverwalk’s name or trademarks without the express written consent of Riverwalk. Any unauthorized use terminates the permission or license granted by Riverwalk  Furniture. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Riverwalk so long as the link does not portray Riverwalk, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Riverwalk logo or other proprietary graphic or trademark as part of the link without express written permission.

Reviews, comments, communications and other content

Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Riverwalk reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Riverwalk and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Riverwalk and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Riverwalk or its affiliates for all claims resulting from content you supply. Riverwalk has the right but not the obligation to monitor and edit or remove any activity or content. Riverwalk takes no responsibility and assumes no liability for any content posted by you or any third party.

Site policies, modification and severability

Please review any other policies posted on this site. These policies also govern your visit to Riverwalk. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Sharing information

Riverwalk will not share, sell, transfer or disclose your personal information with any other company or person without your consent.

Intellectual property rights

You acknowledge that we own the intellectual property rights in and to this website and the data, and that the unauthorized use thereof is expressly prohibited. The word or mark “Riverwalk” however represented, including stylized representation, all associated logos and symbols and combinations of any of the foregoing with another word or mark, used on this site, are the trademarks of Riverwalk.

Colours

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). For this reason it is strongly recommended that you visit one of our showrooms to see the actual colour of the item. Riverwalk 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.

Contact us

For any further information please refer to the CONTACT US page of the website.

To remove yourself from our database

If you would like to be removed from our list of registered users, or would like to be removed from any service or newsletter to which you have subscribed, please send an e-mail to: info@riverwalkurniture.co.za

Standard Terms & Conditions for Sale of Goods

  • Definitions

In this document the following words shall have the following meanings:

  1. “Buyer” means the organisation or person who buys Goods from the Riverwalk
  2. “Goods” means the articles to be supplied to the Buyer by the Riverwalk;
  3. “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;
  4. The Seller is “Riverwalk” and means Riverwalk Trading CC, registration number 2006/224952/13 having its principal office at Unit 3, 81 Amatole Close, N4 Gateway Park, Willow Park Manor.
  • General
  1. These Terms and Conditions shall apply to sales of Goods by the Riverwalk to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Riverwalk in writing.
  2. Any variation to the Terms and Conditions (including any special terms and conditions agreed between the parties) shall be of no force or effect unless prior agreed in writing by the Riverwalk.
  • Price and Payment
  1. The prices displayed on this site are quoted in South African Rands inclusive of Value Added Tax(‘VAT’) (unless specifically indicated otherwise) 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.
  2. 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.
  3. No Credit terms are offered by the Riverwalk. Financing could be recommended by Riverwalk but always subject to satisfactory credit vetting by the independent financier. Whether credit is obtained or not, full payment will be required before the release of goods by the Riverwalk.
  4. Riverwalk does not accept payment by cheque.
  5. Payments made by EFT (Electronic funds Transfer) require a 48 hour period to clear funds and allocate them to the orders.
  6. If payment of the price or any part thereof is not made by the due date, the Riverwalk shall be entitled to require payment in advance of delivery in relation to any Goods not previously delivered.
  • Title

Title in the Goods shall not pass to the Buyer until the Riverwalk has been paid in full for the Goods.

  • Description
  1. Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
  2. Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is representative in nature and the bulk of the order may differ slightly as a result of the manufacturing process.
  3. The products are manufactured from natural materials and may vary in colour and/or texture and may also look different on your computer compared with the colour of the actual product. Riverwalk cannot be held responsible for any variation in items whose actual colour and/or texture is different from that appearing on the website or from samples.
  • Delivery and lead times
  1. The delivery lead time quoted to you at the time of order is an at best estimate of the delivery date. Whilst every effort is made at all times to achieve this date, it does happen from time to time that delays are encountered that are often outside of our control. Riverwalk will make every effort to expedite delayed lead times and will make every effort to ensure that the customer is updated on the progress of the order.
  2. Riverwalk will endeavour to deliver on the date and time advised. While we are committed to deliver on time, the actual delivery date is subject to prevailing circumstances and may be subject to variation.
  3. Ownership of the goods will rest with Riverwalk until payment has been received in full. Payment of the full value of the order is required before Riverwalk will delivery or before we can authorize collection.
  4. If after 30 days of notification by Riverwalk Head Office that your goods are ready for delivery, you as the customer fail to make final payment, Riverwalk reserves the right to sell them to defray expenses. A R500 storage fee per month is applicable after 30 days of notification.
  5. Orders placed are irrevocable once a deposit has been paid. Sale items are sold voetstoets and cannot be exchanged or returned.
  6. Deliveries will be conducted by Riverwalk subject to your address being within our designated delivery zones and you will be charged accordingly on your invoice.
  7. Deliveries will be available from Monday to Saturday
  8. For deliveries outside our designated zones, you will be contacted by our call centre staff to confirm delivery price and delivery instructions.
  9. For collection of goods from the Riverwalk warehouses, prior arrangement and acknowledgement is essential prior to such collection.
  10. Please note that no goods will be given to outside transporters unless Riverwalk has been paid in full for such goods. Proof of payment in full must be on hand for any goods to be released. In the event of outside contractors collecting on behalf of a customer, Riverwalk may in addition to proof of payment in full, contact the customer to confirm proceedings.
  11. To ensure a smooth and timely delivery of Riverwalk goods, please make sure that you clear the room(s) in advance where your new goods are to be located prior to the delivery service arriving. The Customer must remove all breakable items in the path of the delivery. Riverwalk delivery crew are not permitted to re-arrange Customers’ furniture. Riverwalk delivery crew team will place the goods delivered in the place of the Customer’s choice. Items delivered will be unwrapped on site and the packing and wrapping material removed if so required. The delivery crew is not permitted to uplift or take away with them any unwanted items of furniture or items not designated for removal previously with the call centre. It is in the customers’ own interests that all loose items of value be removed from the delivery site and that in addition pets be secured in a safe location away from the crew and delivery site. Riverwalk cannot be held responsible for any items claimed to be missing following a delivery. Breakables such as glasses, vases, wall mountings etc must be secured or removed from the delivery site. Riverwalk cannot be held responsible for any items claimed to be missing following a delivery.
  12. Riverwalk delivery policy for flats and small apartments. The maximum couch length that can be fitted into an elevator cannot exceed 2.2m. If the flat or apartment does not have a suitable lift for the furniture, then the Riverwalk delivery team will only be allowed to carry the items up to 2 floors in height, providing the passages are wide enough to accommodate the items without any damages to the goods. Riverwalk delivery teams are not equipped to hoist goods over balconies. Should items be required to be hoisted a dedicated team would be required and subject to an additional charge. Riverwalk shall not be responsible for any damage whatsoever whether direct or consequential rising out of the use of the goods or in respect of any late or short delivery. Maximum delivery time per customer is 15 minutes.
  13. Riverwalk furnishes with its goods, its standard guarantees only and no other guarantees, warranties or representations of whatsoever nature will be made to the customer by Riverwalk in respect of such goods.
  • Risk &Insurance
  1. Risk in the Goods shall pass to the Buyer upon receipt of the goods. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
  2. If payment of the price or any part thereof is not made by the due date, the Riverwalk shall be entitled to refuse to make delivery of any undelivered Goods without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;
  3. Customers who elect to collect from Riverwalk’s premises unconditionally agree and accept that the risk of loss and title for such items passes to you at the time of collection by you or your appointed agent. The risk of loss and title passes to you, the customer, upon delivery as evidenced by the signature of the person taking delivery, on our copy of the invoice.
  4. Please note: If the customer requires insurance on the item/s, he /she is responsible to make arrangements before the item/s leave the warehouse of Riverwalk.
  5. Riverwalk supplies different grains of leather at different prices. The customer must ensure to apply leather cleaner to sustain the quality of the leather and to enhance the durability/ life span.
  • Return of Goods
  1. All merchandise displayed and sold by Riverwalk is subject to stringent quality control standards. Should a customer not be satisfied with any product received within 48 hours from date of receipt, Riverwalk will endeavour to repair or replace the item in question. NO refund policy is applicable.
  2. All goods are sold on a firm sale basis, i.e. the Riverwalk will not take back any goods not required or sold by the Buyer, unless otherwise agreed, in which case the following terms apply:
    1. Any returns must be authorised by a representative of the Riverwalk before any credit will be given.
    2. Where the Riverwalk agrees to accept the return of goods that are not damaged the Buyer will be responsible for the cost of carriage and will ensure that they are carefully packaged to avoid any damage in transit. The Riverwalk will not be obliged to accept any goods that are damaged in any way.
    3. Credit of amounts due or paid in will only be given for goods that are in saleable condition.
  3. In a case where a customer requests specific designs or bespoke furniture not advertised on our website or catalogue we can gladly assist, although in case of customer dissatisfaction a strict 35% handling fee will be deducted in case of a refund.
  • Limitation of Liability
  1. The Riverwalk shall not be liable for any all loss or damage suffered by the Buyer in excess of the contract price.
  2. Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Riverwalk for death or personal injury as a result of the Riverwalk’s negligence or that of its employees or agents.
  • Intellectual Property Rights

All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Riverwalk, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Riverwalk by the execution of appropriate instruments or the making of agreements with third parties.

  • Force Majeure

The Riverwalk shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Riverwalk shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Riverwalk considers unreasonable, it may, without liability on its part, terminate the contract.

  • Relationship of Parties

Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.

  • Assignment and Sub-Contracting

The contract between the Buyer and Riverwalk for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Riverwalk.

  • Waiver

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

  • Severability

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

  • Governing Laws

Prevailing South African law will govern these Conditions of Use and any dispute of any sort that might arise between you and Riverwalk or its affiliates.

  • Disputes

Any dispute relating in any way to your visit to Riverwalk or www.Riverwalkfurniture.co.za or to products you purchase through. Riverwalk shall be submitted to confidential arbitration by law, except that, to the extent you have in any manner violated or threatened to violate Riverwalk’s intellectual property rights, Riverwalk may seek injunctive or other appropriate relief in any court within South Africa, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement.

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