Terms & Conditions


 

1

Introduction

1.1This website (www.cielo.co.za), related mobile-sites and software applications (hereinafter referred to as the ‘Website’) is owned and operated by Wheco Group (Pty) Ltd (hereinafter referred to as ‘us’, ‘we’, ‘our’ ‘Cielo’, ‘the Supplier’ and/or ‘Wheco Group’), a retailer of furniture, homeware and decor products.
1.2 The disclaimers, policies and terms and conditions on this page (hereinafter referred to as ‘Terms’ and/or ‘Conditions’) shall govern the order, sale and/or delivery of goods or services from Cielo as well as the use of this website by any customer or person (hereinafter referred to as ‘you’, ‘your’, ‘user’, ‘customer’). 
1.3Any personal information or data collected when using this website whether, by communication, purchase invoicing or customer enquiry as well as in-store transactions (governed by these terms & conditions) shall be utilised for customer service, internal market research or direct marketing. This information shall not be shared with third parties except as far as it relates to customer service and delivery. For more information on the use of personal data, please refer to our ‘User Data Policy’ available on our website.
1.4The Terms apply to all users/customers/visitors of the Cielo website or of any Cielo store (regardless of whether such store may be owned by a third-party agent or franchisee).
1.5If you access and use this website, you accept and agree to be bound by and comply with the Terms and conditions. If you do not agree to the Terms and Conditions contained herein, you are not authorised to access our website, use any of our website’s services or place an order on our website.

2

Waiver

2.1Any failure on our part to exercise or enforce any right or provision of any of our terms and conditions set out will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
  

3

Severability

3.1If any of the provisions of our terms or condition are determined by any competent authority to be invalid, unlawful, or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
  

4 

Variation

4.1 Cielo may, at its sole discretion, change or amend any of these terms, conditions or policies without notification and it is the user's responsibility to ensure that he or she is satisfied with the terms and any amendments that may have been affected.
4.2 Using the website after any amendments have been made shall deem your acceptance of such changes. Should you not agree with any of the terms or amendments made you should not proceed to transact with us either in-store or on through this website.
  

5 

Errors, Omissions and Product Descriptions

5.1 While all reasonable effort is made to provide accurate information about products (including pricing, availability, features, and descriptions), we do not accept liability and shall not be held liable for any loss or claim as a result of such error or inaccuracy. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice, including after an order has been submitted in which case, where the correction is significant, we will take all reasonable effort to inform affected customers.
5.2 Product descriptions are for marketing purposes only and are presented in a simple easy-to-understand format. Product descriptions on this website are by no means exhaustive technical specifications. Some descriptive terms may be used in a broad sense or for specific purposes only.
5.3 Colour Descriptions: Descriptions and depictions of colour may not be 100% accurate. Some colours, especially earthy tones are especially difficult to accurately describe and/or depict. Colour descriptions pertain to colour only, and does not describe the actual materials (e.g., wooden items described as ‘mahogany’ in colour does not infer the wood type is mahogany).
5.4 Materials: Where a product description describes a product to be manufactured from a specific material such as ‘solid wood’ or ‘aluminium,’ this only refers to the most notable aspect of the product and does not necessarily imply that every part of the product is manufactured from this material. For example, items described to be manufactured from ‘solid wood’ may feature some other materials, e.g., knobs of steel, interior panels, or drawer bottoms from plywood or MDF. Descriptions such as ‘synthetic leather’ or ‘leatherette’ could, for example, refer to various materials including PU or PVC. Where broad terms are used, such as, but not limited to ‘wood,’ this may cover various forms of wood, including solid woods, veneers, MDF, etc. The same shall apply to other materials.
  

6 

Pricing & Stock

6.1 All prices advertised on our website includes VAT of 15%.
6.2 Prices published on the website applies to in-stock products only. In the event where a specific product may be sold out, and a customer places an order or enquiry before a price, specification or promotion could be updated, we will first inform the customer of any changes before processing the order. Should this not be accepted by the customer we reserve the right to cancel the order or any part thereof.
6.3 While most items listed on this website are in-stock, there may be occasions where items are temporarily out of stock, or where a waiting period applies due to a product having to be custom made.

7 

Delivery and Inspection of Goods

7.1 Prices advertised on this website shall exclude delivery charges unless otherwise specified.
7.2 No orders shall be dispatched until payment has cleared in our account.
7.3 Depending on the size of the order and the exact delivery location, our standard delivery period is approximately 5-7 days for smaller non-furniture orders (e.g., rugs, bedding etc) and 7-14 days for furniture orders. Deliveries to remote or far outlying areas not regularly serviced by our contracted services providers may take longer than our standard delivery timeframe. Longer delivery periods may also apply to orders placed during or leading up to Black Friday and Festive season trading (15 November to 31 December). Delivery timelines for this period shall be published on the website and/or communicated by stores or sales consultants during such periods. Cielo shall not accept any liability for any claims resulting from any losses or damages as a result of a delayed delivery of any order or part of an order.
7.4 Deliveries shall be done on weekdays during the courier/transporter’s standard daytime service hours. After hour deliveries shall be subject to surcharges. In the event where goods have been shipped out via third party delivery service provider, and a reasonable number of delivery arrangements and/or attempts are proven to be unsuccessful due to customer not responding, unreachable or not cooperating, goods will be returned to our warehouse and customer may be held liable for the return transport costs incurred.
7.5 Delivery fees include delivery to most towns and cities within the borders of South Africa. In some cases, couriers may require a surcharge to deliver to areas considered to be remote or high-risk. Deliveries to outlying areas such as farms or small towns may also be subject to additional charges. Should this be the case, the customer shall be contacted to discuss surcharges or alternative delivery options. Should an agreement not be reached between ourselves and the customer, we reserve the right to cancel the order and refund the customer in full.
7.6It shall be the customer’s responsibility to properly inspect delivered goods. If packaging shows visible damages, it is advised to make a clear note of such damages on the waybill when signing for the goods.
7.7 Due to size and nature, some products may be supplied and delivered in a knocked down/flat pack format and require self-assembly. Under the product specifications section for each item listed on the website the assembly requirements of each product are listed and classified as either being delivered assembled, or alternatively requiring partial or full assembly.
7.8 Customers should ensure that the correct number of cartons as indicated on the waybill is received before signing the waybill. The number of cartons may not correspond to the number of items you have purchased as more than one item may be packaged in a single carton. The number of packages/cartons/pieces as indicated on the waybill should be verified by the customer or his representative before signing receipt of the goods. Customers should never sign as having received more packages as what was delivered as this could jeopardise any claim the customer may have related to short delivery of goods ordered.
7.9 Delivery is only guaranteed to be delivered to the delivery address supplied by the customer. Verification of the identity of the person receiving goods may not always be done by the transporter. Individuals accepting the goods at the delivery address on the date of delivery shall be considered authorised by the customer to receive delivery on their behalf and shall also be responsible to perform the duties of checking for damages or shortages as per clauses 7.6 and 7.8 above.
7.10 Any discrepancies, damages or shortages on any delivery, including erroneous delivery, must be reported to us within 48 hours from time of delivery by submitting this claim using our online Customer Care form (link located at the bottom of the Cielo.co.za homepage). If the report was successfully submitted, an automated message shall be sent to the customer which shall serve as proof of submission.
7.11 Unless otherwise specified, delivery of orders shall be handled by contracted third-party delivery service providers. Delivery shall be made strictly on a ‘door-to-door’ basis. Delivery shall not include installation of products, removing products from packaging, clearing areas, re-arranging furniture, hoisting products over balconies or through windows, removing and refitting railings or doors or other barriers, discarding packaging or any other special service required by the customer. Should the delivery service provider or any of his employees agree to any of these or other services other than delivering a packaged product to door, this shall be strictly at the risk and cost of the customer and Cielo does not take any responsibility for any damages, losses or other claim resulting from these additional services.
  

8 

Return Policy

8.1 Unless otherwise specified, all items purchased from Cielo comes with a 14-day money back satisfaction guarantee. This money back guarantee only applies to products which the customer could not inspect prior to purchase and delivered or collected from our warehouse. This guarantee shall be calculated from the date of delivery of goods. Where the actual floor stock was purchased by a customer directly from the store, and where the customer was given the opportunity to inspect the purchase, the 14-day money back guarantee does not apply.
8.2 Customers wanting to return any product must submit a notice of return through the Cielo website within 14 (fourteen) days of delivery. Returns can be logged by clicking on the ‘Customer Care’ link found at the bottom of the Cielo home page.
8.3 Transport charges for products returned for refund under the 14-day money back guarantee shall be borne by Cielo and only apply to purchases delivered by Cielo or it’s contracted delivery service providers. Original delivery charges paid by the customer shall not be refunded. Orders collected by the customer must be returned by the customer at own cost to Cielo’s nearest warehouse.
8.4 Only where the product was collected from a store may a return be done to a specific store. Products ordered online may not be returned to a Cielo store.
8.5 All authorised returns under the provision of the 14-day money back guarantee, must be ready for collection by our transporters no later than three days from date of expiry of the money back guarantee. Should goods not be ready for collection by this time, the item shall no longer be accepted for refund.
8.6 Products returned must be adequately packaged in the original packaging and be in as-new condition. Where original packaging was discarded, it shall be the customer's responsibility to ensure the item is packaged adequately to avoid damage in transit. Our contracted third-party couriers do not offer packaging services and may refuse to accept products without adequate packaging. In the event where our transporters collect an item not packaged properly, or where they assisted the client with packaging, this shall be done at the customer's own risk. It is advised that customers take adequate photos of the products they wish to return (covering all areas and angles) as Cielo will keep the customer liable for any damages to the product when received.
8.7 Items returned without original packaging materials may be subject to the deduction of reasonable surcharges of up to 15% of the purchase price.
8.8 Items returned for refund shall be inspected thoroughly for damages or other discrepancies. Cielo reserves the right to levy reasonable and appropriate surcharges or handling fees to compensate for missing components or items returned not in good condition.
8.9 Refunds may take up to 14 (fourteen) days from date of receipt of returned goods, subject to the return meeting the criteria for refund. Where Cielo has determined deductions or surcharges to be deducted from the refund, such amounts shall be communicated to the customer and only after agreement on the final refund amount has been reached will refunds be processed for payment.
8.10 Where payments were made by credit card, refunds will be made through a payment reversal into the credit card. In the case of cash refunds by means of EFT transfer, customers are required to provide Cielo with proof of banking details as well as the account holder’s proof of ID (or in the case of a company, a company registration number confirming the banking details provided.). No refunds will be paid to third parties.

9 

Warranty

9.1 Warranty periods may differ from product to product, with some items such as mattresses or selected couches having longer warranties. Unless a product description specifies a warranty longer than 12 (twelve) months, the default warranty period of 12 (twelve) months shall apply to all products.
9.2 Warranties shall cover manufacturing defects arising from material defects or poor workmanship only. Where appropriate warranties shall be subject to the specific terms of the relevant manufacturer. Extended warranties shall only apply where an extended warranty was specifically purchased or agreed to by means of a formal signed letter by a duly authorised representative of Cielo.
9.3This warranty only covers products within the borders of South Africa. Any product taken outside of South Africa must be returned to South Africa at customer’s cost in the event of any warranty claims.
9.4 Product warranties extends to the original purchaser only and not transferrable with the sale or donation of the product to a third party.
9.5 Warranties shall only be valid where the product was used and maintained properly and shall not cover any defects, damages or claims arising from any misuse or abuse, external causes or what can be considered fair wear and tear. Unless otherwise stated, no product shall be covered against any corrosion or damages caused by natural elements (i.e., rust, wind etc.). Warranty claims or returns of products shall not be processed where products are in an unhygienic state. Natural variation occurring in wood or other materials are not considered defects, neither does the manufacturer guarantee the colourfastness of any material. Natural products including but not limited to products such as leathers, feathers, wood and animal hides may have natural defects and subject to natural changes (e.g., full grain leathers will have inconsistent grains, cowhides may have hair loss etc.,). Warranties explicitly excludes any natural changes or natural decline to such products.
9.6 Cielo’s liability in terms of the warranty shall only extend to the defective product and shall not cover any consequential damages. Warranties extend to the purchased product only and shall not extend to product liability and shall not extend to consequential damages or costs involved in obtaining such a refund.
9.7 While some products may be suitable for commercial purposes, all products listed on this website is intended, priced and marketed for domestic use only. Unless otherwise stated in the product specifications or any product literature all furniture has a maximum recommended user weight of 120kg. Although higher weights may be supported, heavier user weights will accelerate wear and tear on the products and may cause damages to the product that will be excluded from any warranty claim and may even result in the warranty becoming null and void. In the event where items are used in commercial environments (unless agreed to otherwise in writing), the warranty shall be limited to a period of 6 (six) months from date of purchase.
9.8 We reserve the right to either repair or exchange an item submitted for warranty purposes. In the event where the item cannot be repaired, it may be exchanged with a replacement item that is identical, or where the exact same model or product is no longer available, with an item of similar value, or alternatively with in-store credit. Any approved exchange, credit or refund of a particular product shall apply to that product only and not any other products purchased from us at the same or at another time, regardless of whether the other items were purchased to match or compliment this product. Where an item was replaced or repaired under warranty, the balance of the original warranty period shall remain in place and the repaired or replaced product does not come with a new warranty.
9.9 Transport charges applicable for warranty repairs or exchanges submitted within 6 (six) months from date of purchase shall be borne by Cielo who shall appoint a transporter of its choice to effect collection and delivery charges. Customers shall not be compensated for transport arranged by themselves and not authorised by Cielo. Transport shall only be covered within the borders of South Africa. Where a customer has relocated to a different address to that of the original delivery address and such new address located in an outlying area including farms, villages or small towns or any area resulting in significantly higher transport costs, such additional costs shall be for the account of the customer.
9.10 Unless otherwise specified, products that were given as free gifts as part of a promotion (i.e., free pillows received with a mattress promotion), received in a competition or giveaway or where the product was bought as a shop-soiled or demo item shall be covered by a 6 (six) month limited warranty against any manufacturing defect unrelated to the condition it was sold in.
9.11 Warranties shall only extend to the repair or replacement of the purchased product and, under no circumstances shall this warranty extend to liability for any consequential or indirect losses or damages of any nature whatsoever.

10 

Competitions and Giveaways

10.1 Results for competitions and lucky draws shall be announced on Cielo ‘s official Facebook page on the date published on the competition literature. In the event where, due to technical or other difficulties, we were unable to announce the winner on the published announcement date, Cielo reserves the right to announce the results within a period of up to 7 (seven) days thereafter.
10.2 Unless otherwise specified, winners shall not be contacted directly and as part of the conditions of entry, this is understood and agreed to by the entrant. The winners of all Cielo competitions and draws, unless otherwise stated, shall be published on Cielo’s official Facebook page and entrants should check this page for the results and claim its prize by following the instructions on the announcement.
10.3Prizes not claimed by winners within 30 (thirty) days of the results announcement, shall be forfeited without exception.
10.4 Entering a competition does not guarantee the entrant any prizes. Winners are randomly chosen and announced. Winners are final and entrants do not have the right to appeal the results. By entering into any of our competitions, the entrant agrees to these terms.

11 

Coupons and Vouchers

11.1 Discount coupons are only valid for the period as published.
11.2 Vouchers that have been purchased from Cielo shall be valid for a period of 3 (three) years from the date of purchase in terms of the Consumer Protection Act. Any voucher issued as part of any promotion or by our customer care department in good faith or as part of any compensation, compromise or resolution for any claim, shall only be valid for a period of 6 (six) months from the date of issue.
11.3 Vouchers may not be exchanged for cash. Customers who purchased a voucher and wishes to cancel the purchase must do so within 7 (seven) days from purchase the date.
11.4Where a customer has received a voucher for free as part of a product promotion and at a later stage a refund or part refund is approved towards the item that was purchased, the free voucher issued shall automatically be cancelled. In the event where this voucher has already been redeemed, the value of such voucher will be deducted from any refund amount due to the client.
11.5Vouchers linked with promotions, shall only be issued where the full advertised price has been paid. If any discount was offered to the client for the specific product, the free voucher shall no longer apply to the product offer. Cielo reserves the right to exclude laybuy orders from any promotion or clearance sale.
  

12 

Special Sales and Promotions (Including Black Friday)

12.1 All sales and promotions are valid while stocks last and subject to availability of allocated stock.
12.2Sales and promotions shall only be valid for the period as advertised.
12.3 No laybuy payment plans on sale items will be accepted. Payments must be made immediately via Credit Card or EFT to secure the stock. Processing an order on the website does not automatically reserve stock. Stock can only be reserved when payment has been received.
12.4 Unless otherwise stated, all prices exclude delivery fees. Delivery fees will be added as per normal upon checkout.
12.5 Delivery of orders shall be handled by contracted third-party couriers and due to the logistical constraints specifically for Black Friday deals may take up to 3 (three) weeks from date of purchase.
  

13 

Credit / Account Purchases

13.1 All accounts and credit finance are offered by Fevertree Finance, a third-party financial services provider.
13.2 By purchasing on credit, the customer understands that they enter into an agreement with a third party, agreeing to its terms and conditions.
13.3 Fevertree Finance grants credit at its own discretion and acceptance or decline of applications are not in the domain of Cielo.
13.4 In the event where a refund is passed for any item purchased on credit, finance fees and interest accrued during the period of finance will be unconditionally due to Fevertree Finance and will not be refunded.
13.5 On sale items may be excluded from account purchases.
  

14 

Lay Buys

14.1 Cielo accepts three and six-month laybuy as payment plans for orders placed through any of its stores or this website.
14.2 Laybuys will not be accepted for any of the following promotions and sales: Black Friday promotions, flash sales, priced-to-go sales, headboard clearance sales or any other promotion or sale, where Cielo explicitly excludes laybuys.
14.3 In the event where an order was incorrectly accepted on a laybuy payment plan at website check-out or in the store, the company reserves the right to cancel such an order in accordance to its terms and conditions of sale.
14.4 Laybuy orders cancelled within 14 (fourteen) days from date of order shall be cancelled without any penalty. All other cancellations shall be subject to a cancellation fee of 1% for orders cancelled within the agreed laybuy period (being either 3 or 6 months). Cancellation fees shall only apply to the price of the goods cancelled and shall exclude delivery fees. Cancellation fees shall only be waived in cases specifically excluded by the provisions of the Consumer Protection Act, such as the death of the purchaser.
14.5The price at which the lay buy order was processed shall be fixed and will not be increased or decreased, regardless of any permanent or temporary increase or decrease in prices at any future date.
14.6 Where laybuys are not paid in full within the agreed laybuy period (being either three or six months), and where the Client does not choose to cancel the laybuy, Cielo reserves the right to levy storage charges for each month stock is held in storage for the customer.
14.7Cielo reserves the right to sell laybuy stock and/or cancel a laybuy order where the customer has failed to upkeep laybuy instalments.
  

15 

Images

15.1 All graphical images including product photos, logos, banners, sound or video clips, trademarks and trade names, lay-outs, icons or copy text displayed or incorporated in this website is the property of Wheco Group (Pty) Ltd or the brands, associates, suppliers, or service providers it represents and is protected by law. Any unauthorised use, reproduction or distribution thereof is strictly prohibited and may only be done with the express written consent of Wheco Group.
  

16 

Governing Law

16.1 Any disputes arising out of or relating to the Terms and Conditions, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the Republic of South Africa. Any disputes, actions or proceedings relating to the terms or your access to or use of our website must be brought before the courts of the South Africa in the city of Port Elizabeth.
  

17

Country of domicile

17.1 This website is governed by the laws of South Africa and Cielo chooses its domicilium citandi et executandi for all purposes under this agreement whether in respect of court process, notice, or other documents or communication of whatsoever nature, 40 Newton Street, Newton Park, 6045. Any disputes, actions or proceedings relating to the terms or your access to or use of our website must be brought before the courts of the South Africa in the city of Port Elizabeth and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
  

18 

Company Information & Contact Details

18.1 This website is owned and operated by Wheco Group (Pty) Ltd. Contact details: Tel. 086 1999 193. Email: [email protected]

  


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