1. Introduction

 Our website can be accessed at www.edensleep.co.za related Mobi-sites and software applications (the “Website”) and is owned and operated by Eden Sleep Innovations (PTY) Ltd (“Eden”, “we”, “us” and “our”).

These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale, delivery and return of Goods, and the use of our website.

These Terms and Conditions are binding on every person that accesses or uses this Website (“you”, “your” or “user”), including, without limitation, each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the

Website, as may be applicable, you acknowledge and understand that you have read and agree to be bound by these Terms and Conditions.

The Website enables you to shop online for bedding, furniture and other related products (the “Goods”).

2. Important Notice

These Terms and Conditions are to be read together with our Privacy Policy, Website Use Policy and Returns Policy (click to read policy), which policies are deemed to be incorporated by way of reference into these Terms and Conditions and which apply to users who are or might be consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

Terms and Conditions contain provisions which  may limit the risk or liability of Eden or a third party (see clauses 10,11 and 12); and/or  may create risk or liability for the user; and/or may compel the user to indemnify Eden or a third party; and/or serves as an acknowledgement, by the user, of a fact.

If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to request Eden to explain these terms and conditions to you before you accept the Terms and Conditions or continue using the Website. If you are unfamiliar with the Goods or the use of the functionality of this website and the implications thereof for you, please pay particular attention to all these terms and conditions and address any queries to Eden before making use of this Website or ordering any Goods.

Nothing contained in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Eden in terms of the CPA or any other related legislation.

Eden permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed t to have accepted all the Terms and Conditions (including Eden’s

Policies) unconditionally. You must not use this Website if you do not agree to these Terms and Conditions.

3. Conclusion of sales and availability of stock

Registered users may place orders for Goods, which Eden may, at its discretion,  accept or reject. Whether or not Eden accepts an order depends on the availability of Goods, the correctness of the information provided by you (including without limitation your personal particulars) and receipt of payment or payment authorisation by Eden for the Goods.

Eden will indicate and confirm the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and Eden or the Third-Party Seller come into effect (the “Sale”). This term is regardless of any communication from Eden stating that your order or payment has been confirmed. Eden will indicate the rejection of your order by cancelling it and, as soon is reasonably possible thereafter, refunding you for any amount already paid.

Once payment has been made by you, you may not cancel an order. You will be required to wait until prior delivery and then follow the Returns Policy (click to read policy).

You acknowledge that stock of all Goods on offer is limited, and that pricing may change at any time without notice to you. In the case of Goods for sale by Eden, Eden will take all reasonable efforts to monitor stock levels and attempt to ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, Eden will notify you, within reasonable time of your order and you will be entitled to a refund of the amount paid by you for such Goods.

Please see details relating to orders and use of the Website in our FAQ’s, which are incorporated by reference.

4. Payment

 Eden is committed to providing secure online payment facilities through our third party service providers.

Payment can be made to Eden for Goods via –

PayFast;

The order will not be finalised until the funds have cleared.

Eden will not accept your order if payment has not been received.

The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment.

You may contact us via email at info@edensleep.co.za to obtain a full record of your payment. We will also send you email communications concerning your order and payment.

Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

The Website uses third parties to process payments and thus will use and disclose and share your information and personal particulars provided with such third party payment processor. Please carefully read our Privacy Policy for further details.

5. Delivery of goods

Eden will deliver your ordered Goods to you by physical delivery to your nominated address.

Please see details of our delivery and shipping terms and conditions in our FAQ’s: Shipping and Delivery.

Eden, or its third party service provider, will deliver the Goods to you as soon as reasonably possible.

We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 3 (three) days of receiving such notification elect whether to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.

Eden’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order, at which time delivery shall be deemed to have taken place.

Eden is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.

Ownership of the goods will only pass to you once your payment has been cleared.

6. Errors

 We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy (click to read policy). Eden shall not be bound by any incorrect information regarding our products displayed on any third party websites.

7. Vouchers & Coupons

Eden may from time to time make promotional coupons or discounts (“Coupons”) available to you for use on the Website towards the purchase of Eden Goods. Coupons can only be redeemed while they are valid and their expiry dates cannot be extended.

There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon “), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).

Coupons are issued in Eden’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.

As a general rule, and unless specified otherwise on the specific Coupon itself: each Coupon can only be used once;

only one Coupon can be used per order;

only one Coupon can be used on the Website per person per promotion/campaign.

a Coupon must be used at check-out – it cannot be used later on and/or existing orders; and

the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.

Coupons cannot be exchanged or refunded for cash or credit. Eden is not responsible for any harm due to the loss, unauthorised use, or distribution of a Coupon.

8. Changes to these Terms and Conditions

 Eden may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

Any such change will only apply to your use of this Website immediately after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

9. Electronic communications

When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically. These terms and conditions are governed, where applicable, by the Electronics and Communications Transaction Act 25 of 2002 (“ECT” Act”).

10. Ownership and copyright

The contents of our Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Eden, its advertisers and/or sponsors and/or is licensed to Eden.

Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.

Where any of the Website Content has been licensed to Eden or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

11. Disclaimer

 The use of the Website is entirely at your own risk, and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

Whilst Eden takes reasonable measures to ensure that the content of the Website is accurate and complete, Eden makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Eden’s representatives, Eden shall not be bound thereby.

Eden assumes no liability whatsoever for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

Any views or statements made or expressed on the Website are not necessarily the views of Eden, its directors, employees and/or agents.

In addition to the disclaimers contained elsewhere in these Terms and Conditions, Eden also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Eden, its employees, agents or authorised representatives. Eden thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

12. Linking to third party websites

This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third-Party Websites and Eden is not responsible for the practices and/or privacy policies of those Third-Party Websites or the “cookies” that those sites may use.

Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third-Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

13. Limitation of liability and Indemnity

Eden cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful, intentional misconduct of Eden, its employees, agents, or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@edensleep.co.za

Eden shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the Website or the content contained in the website; or your inability to use the website, and/or unlawful activity on the Website and/or any linked third party website.

You hereby indemnify Eden against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this Website and/or any linked Third-Party Website.

14. Availability and termination

We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

Eden may in its sole discretion terminate, suspend, and modify this Website, with or without notice to you. You agree that Eden will not be liable to you, in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.

If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you. At any time, you can choose to stop using the Website, with or without notice to Eden.

15. Governing law and jurisdiction

These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

In the event of any dispute arising between you and Eden, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Durban Local Division) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

16. Notices

Eden hereby selects address, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Eden may change this address from time to time by updating these Terms and Conditions.

You hereby select the delivery address specified with your order as your legal address and chosen domicilium citandi et executandi but you may change it to any other physical address by giving Eden not less than 14 days’ notice in writing.

Notices must be sent either by hand or email and must be in English.

17. Information

For the purposes of the ECT Act, Eden’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:

Full name: Eden Sleep (Pty) Ltd, a private company registered in South Africa with registration number 2022/843490/07

Main business: Online retailer

Physical address for receipt of legal service (also postal and street address):

16 Makriel Road, Wadeville, Germiston, Gauteng, 1422

Phone number: 011 5681570

Official email address: info@edensleep.co.za

18. General

You may not cede, assign, or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

Any failure on the part of you or Eden to enforce any right in terms hereof shall not constitute a waiver of that right.

If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

These Terms and Conditions contain the whole agreement between you and Eden, and no other warranty or undertaking is valid, unless contained in this document between the parties.