Terms of Service

These Terms of Service govern your use of the SleepGenie website and every purchase you make from us, online or in our showroom. By using this website or placing an order, you agree to these terms. Please read them carefully, especially the sections on cancellations, returns and our liability.

1. Who we are (supplier information)

This website is operated by SleepGenie. Section 43 of the Electronic Communications and Transactions Act 25 of 2002 (ECTA) requires us to give you the following information:

Trading name	SleepGenie
Registered name and legal status	[To be confirmed]
Registration number	[To be confirmed]
VAT number	[To be confirmed]
Directors / office bearers	[To be confirmed]
Physical address (showroom and for service of legal documents)	Monument Park Shopping Centre, Skilpad Road, Monument Park, Pretoria, 0081 [street number to be confirmed]
Telephone	071 895 0469 / 073 087 9125
Email	sales@sleepgeniesa.com
Website	sleepgeniesa.com

2. Definitions

Term	Meaning
“SleepGenie”, “we”, “us”, “our”	The business described in section 1.
“You”, “your”, “customer”	Any person who uses this website or buys from us.
“Products”	Mattresses, bed bases, mattress and base sets, pillows and any other goods we sell.
“Order”	Your request to buy Products, placed online, by phone, by WhatsApp or in our showroom.
“Lay-buy”	An arrangement where we set Products aside for you while you pay for them in instalments, as described in section 8.
“CPA”	The Consumer Protection Act 68 of 2008.
“ECTA”	The Electronic Communications and Transactions Act 25 of 2002.
“POPIA”	The Protection of Personal Information Act 4 of 2013.

3. Using this website

You may use this website to browse our Products, place orders and contact us. You agree not to:

• use the website for any unlawful or fraudulent purpose, including placing false orders;
• try to gain unauthorised access to the website, its server or any connected system;
• upload or transmit viruses or other harmful code;
• scrape or copy the website or its content by automated means without our written permission.

If you create an account, you are responsible for keeping your password confidential and for all activity on your account. Tell us immediately if you think someone else has used it.

4. Products, sizes and descriptions

We make every effort to describe and photograph our Products accurately. Colours, fabric textures and finishes may look slightly different on your screen, and photographs may show Products in a size other than the one you choose. Standard South African bed sizes apply (Single, 3/4, Double, Queen and King) unless a product page says otherwise.

Firmness and comfort are personal. We encourage you to visit our Monument Park showroom and lie on a mattress before you buy. Our team will gladly help you choose.

All Products are subject to availability. If a Product you ordered is no longer available, we will tell you as soon as possible and offer you an alternative or a full refund.

5. Prices and VAT

• All prices are in South African Rand (ZAR) and include VAT at the current rate.
• Delivery charges, if any, are shown separately before you confirm your order. See section 9 and our Delivery Policy.
• Sale and special prices apply only for the period stated, or while stock lasts.
• If a Product is shown at an incorrect price because of an obvious error, we are not obliged to sell it at that price. We will contact you, and you may choose to buy at the correct price or cancel for a full refund. This is in line with section 23 of the CPA.

6. Placing an order

When you place an order online, you will see a summary of the Products, sizes, prices, delivery charges and total before you confirm. You can correct any mistakes at that point. Once you submit your order, you will receive an email acknowledging it. This acknowledgement is not yet acceptance. A binding agreement is formed when we confirm your order and payment has been received, or when we dispatch the Products, whichever comes first.

We may decline an order, for example if a Product is out of stock, if we cannot verify payment, or if we suspect fraud. If we decline an order you have paid for, we will refund you in full.

7. Payment

• Online orders can be paid using the secure payment options shown at checkout. Card payments are processed by our payment service provider. We never see or store your full card details.
• Showroom purchases can be paid by card, EFT or any other method we accept in store.
• For EFT payments, your order is confirmed once the funds reflect in our bank account. Please use your order number as the payment reference.
• Ownership of Products passes to you once we have received full payment. Risk passes to you on delivery or collection.

8. 0% interest lay-buy

We offer lay-buy on our Products with no interest charged. Lay-buy is arranged in our showroom or by contacting us, and is governed by section 62 of the CPA and the lay-buy agreement you sign with us.

• Deposit: [To be confirmed]% of the purchase price is payable to open a lay-buy.
• Period: the balance must be paid within [To be confirmed] months, in instalments as agreed.
• Price: the price is fixed at the date you open the lay-buy. No interest, admin fees or price increases apply during the agreed period.
• Collection or delivery: your Products are set aside for you and released once the full price has been paid.
• Cancellation: if you cancel, or do not complete payment within the agreed period, we will refund what you have paid, less a cancellation charge of [To be confirmed]. This charge will not exceed the amount allowed by the CPA and its regulations.
• If we are unable to supply the Products for any reason, we will refund everything you have paid in full.

9. Delivery and collection

Delivery areas, charges and estimated delivery times are set out in our Delivery Policy and shown at checkout. You may also collect your order from our showroom by arrangement.

• Please make sure the delivery address is correct and that someone over 18 is available to receive the order.
• Check that your Products will fit through doors, stairways and passages before delivery, especially Queen and King sizes.
• Inspect your Products on delivery and note any visible damage on the delivery note. Tell us about any damage or missing items within 48 hours.
• Delivery dates are estimates. We will keep you informed of any delay. If we cannot deliver within 30 days of the agreed date, you may cancel the order for a full refund, as provided for in section 46 of ECTA.

10. Cancelling an online order (cooling-off)

If you bought Products through this website, you have the right under section 44 of ECTA to cancel the purchase without giving a reason and without penalty within 7 days after you receive the Products.

• To cancel, contact us at sales@sleepgeniesa.com or 071 895 0469 and quote your order number.
• The only charge you may have to pay is the direct cost of returning the Products to us. We will tell you what this is, or you may return them to our showroom yourself.
• We will refund all payments made, less any return cost, within 30 days of the date you cancel.
• This cooling-off right does not apply to Products made to your specifications (such as custom sizes) or clearly personalised, as excluded by section 42 of ECTA.

We recommend that you keep a mattress in its original protective plastic until you are sure you want to keep it.

11. Returns, defects and refunds

Your rights under the CPA cannot be taken away by these terms. Under section 56 of the CPA, if a Product is defective, unsafe or not fit for its normal purpose, you may return it within 6 months of delivery, and choose a repair, a replacement or a refund. Full details, including how hygiene affects change-of-mind returns, are in our Returns and Refunds Policy.

Normal body impressions, changes in feel as a mattress settles, and damage caused by misuse, an unsuitable base, liquids or stains are not defects.

12. Guarantees and warranties

Many of our Products carry a guarantee and a warranty for a stated period, for example a 3-year guarantee and a 25-year warranty on selected mattresses. The period that applies to each Product is shown on its product page and on your invoice. These guarantees and warranties are in addition to, and do not limit, your rights under the CPA.

To make a warranty claim, contact us with your invoice or order number and photographs of the problem. We may need to inspect the Product at your home or at our showroom.

13. Limitation of liability

To the extent allowed by law, our total liability to you for any claim related to an order is limited to the price you paid for the Products concerned. We are not liable for indirect or consequential loss, such as loss of income, that was not reasonably foreseeable when you placed your order.

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be limited or excluded under South African law, including the CPA.

14. Intellectual property

The SleepGenie name, logo, product photographs, text and design of this website belong to SleepGenie or its licensors. You may view and print pages for personal use, but you may not copy, reproduce or use them commercially without our written permission.

15. Privacy and cookies

We process your personal information in line with POPIA. Please read our Privacy Policy and Cookie Policy to see what we collect, why, and the choices you have.

16. Complaints and disputes

If you are unhappy with a Product or our service, please contact us first. Most problems can be solved quickly with a phone call or a visit to our showroom.

1. Talk to us: contact us with your order number and details of the complaint. We will respond within 5 business days and aim to resolve the matter within 20 business days.
2. Escalate: if we cannot resolve it, you may refer your complaint to the Consumer Goods and Services Ombud (CGSO) at www.cgso.org.za, or to the National Consumer Commission.
3. Courts: you may also approach a consumer court or a court with jurisdiction.

17. Events beyond our control

We are not responsible for delays or failure to perform caused by events beyond our reasonable control, such as natural disasters, load shedding, strikes, civil unrest, supplier failures or transport disruptions. We will let you know as soon as possible and keep delays to a minimum. If a delay lasts more than 30 days, you may cancel and receive a full refund for undelivered Products.

18. Changes to these terms

We may update these terms from time to time. The version that applies to your order is the one published on this website when you placed it. The “Last updated” date at the top of this page shows when the terms were last changed.

19. South African law

These terms are governed by the laws of the Republic of South Africa. The following legislation is particularly relevant:

Legislation	What it means for you
Consumer Protection Act 68 of 2008	Your rights to fair dealing, safe and good quality goods, the 6-month return right for defective goods, and fair lay-buy terms. Nothing in these terms limits rights the CPA gives you.
Electronic Communications and Transactions Act 25 of 2002	Supplier information, the 7-day cooling-off right for online purchases, and the validity of electronic agreements.
Protection of Personal Information Act 4 of 2013	How we collect, use and protect your personal information.
Promotion of Access to Information Act 2 of 2000	Requests for access to records we hold may be made in terms of PAIA. Our PAIA manual is available on request.

20. General

• If any part of these terms is found to be invalid, the rest remains in force.
• If we do not enforce a right immediately, we have not waived it.
• These terms, together with your order confirmation, invoice and any lay-buy agreement, form the entire agreement between you and us.

21. Contact us

SleepGenie
Monument Park Shopping Centre, Skilpad Road, Monument Park, Pretoria, 0081
Phone: 071 895 0469 / 073 087 9125
Email: sales@sleepgeniesa.com