Publication Date: 7 November 2025
Where provisions are highlighted in bold text, the User is required to pay special attention to such provisions as they have a serious impact on the User’s rights and SAFI wishes to draw the User’s attention thereto.
1. Deemed Acceptance
1.1 By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out herein.
1.2 If the User does not wish to be bound by the Terms and Conditions, the User may not access, display, use, download, and/or otherwise copy or distribute the Content or the Website.
2. Interpretation
2.1 In these Terms and Conditions, unless inconsistent with or otherwise indicated by the context –
2.1.1 “Business Day” means any day which is not a Saturday, Sunday, or a public holiday in South Africa;
2.1.2 “Catalogue” means the catalogue of Products published on the Website through which Users can directly purchase Products from various manufacturers;
2.1.3 “Consumers” means individuals who use the Catalogue to purchase Products;
2.1.4 “Content” means any and all content displayed on the Website at any given time, and shall include (but shall not be limited to) confidential information, member directory, industry resources and news, tender bulletin, employment portal, the Catalogue, literary works, marketing and business information, musical works, artistic works, sound recordings, cinematograph films, sounds and television broadcasts, program-carrying signals, proprietary works, published editions and computer programs, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations and software;
2.1.5 “Intellectual Property” means rights in and in relation to any patent, design, trade mark, trade or business name (including all goodwill associated with any trade mark, or any trade or business name), rights in get-up, copyright (including rights to derivative works), database, domain name, circuit, design, and/or utility model, and including in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world, registered or unregistered;
2.1.6 “Member” means any person or entity who applies and is accepted to become a member of SAFI, which for the avoidance of doubt includes associate members, and who agrees to be bound by the Membership Terms and Conditions;
2.1.7 “Membership Terms and Conditions” means the terms and conditions to becoming a member of SAFI, as published on the Website and amended from time to time;
2.1.8 “Order” means an order for the Products placed by the User by completing an Order Form and submitting same via the Website;
2.1.9 “Order Form” means the order form prescribed by SAFI from time to time, for the purpose of ordering Products accessible via the Website;
2.1.10 “Owner(s)” means SAFI or any third-party owner(s), as the case may be, of the proprietary rights in and to the Content;
2.1.11 “Parties” means the relevant User and SAFI and “Party” shall mean either one of them as the context indicates;
2.1.12 “Products” means the furniture products advertised on the Website from time to time;
2.1.13 “SAFI” means South African Furniture Initiative NPC, registration number 2009/003078/08, a non-profit company duly incorporated in accordance with the laws of the Republic of South Africa;
2.1.14 “Sales Agent” means a sales agent who will support Consumers in purchasing the Products and associated logistics and who is required to be an associate member of SAFI and bound by the Membership Terms and Conditions;
2.1.15 “Services” means the services offered by SAFI to Members through the Website which includes access to and allowing manufacturer’s products to be included in the Catalogue, a members bulletin with news and industry relevant updates, a tender bulletin which includes a list of all industry specific tenders and an employment portal whereby vacancies are posted and candidates seeking employment are listed, which access is limited to Members which form part of furniture bargaining councils only;
2.1.16 “Terms and Conditions” means the terms and conditions applicable to the use of the Website as set out herein, as amended from time to time;
2.1.17 “User(s)” means any person or entity using the Website, which includes Consumers, Sales Agent and Members; and
2.1.18 “Website” means the Website owned and maintained by SAFI, or through which SAFI makes information relating to its Services available to Users and publishes the Catalogue, including but not limited to the website located at the domain name https://furnituresa.org.za/.
2.2 The rule of construction that the contract shall be interpreted against the Party responsible for the drafting or preparation of these Terms and Conditions shall not apply.
2.3 These Terms and Conditions shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.
3. Introduction
3.1 This document sets out the Terms and Conditions of SAFI pertaining to the sale of the Products advertised on the Catalogue via the Website as well as the provision of the Services and access and use of the Website and the Content, information, news, and functions provided on the Website.
3.2 The User may use the Website and the Services as and when required from time to time, subject to these Terms and Conditions.
Part I – Catalogue and Sale of Products
4. Orders
4.1 SAFI has made the Catalogue available to Users and provided a platform via the Website to enable Users to place Orders via an Order Form and make payment for Products directly to the manufacturer.
4.2 To place an Order for any Products, the Consumer must properly complete the Order Form and submit same via the Website. The Consumer warrants that all information contained on the Order Form or otherwise submitted via the Website is accurate, and the Consumer acknowledges that the manufacturer and sales agent will rely on this information.
4.3 Once an Order Form has been duly completed by the Consumer and submitted via the Website, a Sales Agent will be in contact with the Consumer and provide the Consumer with a quotation in respect of the Products and all associated logistics and delivery costs.
4.4 If the Consumer confirms in writing that it accepts the quotation, then Website will then generate an invoice for the Products on behalf of the manufacturer which will include a breakdown of manufacturing and logistics costs and same will be sent to the Consumer’s nominated email address as stipulated in the Order Form. All communication between the Sales Agent and Consumer will be via the contact details provided by the Consumer in the Order Form.
4.5 On acceptance of a quotation and receipt of the invoice, the Consumer will be required to make payment to the manufacturer by way of electronic funds transfer directly to the manufacturer’s nominated bank account as stipulated on the invoice and upload proof of payment to the Website.
4.6 The Order Form and proof of payment will be delivered to the relevant manufacturer of the Products who may accept the Order in its sole discretion.
4.7 SAFI has provided a platform to enable Users to purchase directly from manufacturers via the Website. However, SAFI is not involved in the sale or marketing of the Products other than in providing the use of such platform via the Website. Accordingly, SAFI shall not be liable for any defective products, non-delivery, cancellation of orders, incorrect marketing, representations or warranties or any other associated losses or damage in respect of the Products. The User does not have any claims against SAFI, and the User hereby indemnifies and holds SAFI harmless against any direct or consequential damage or harm that the User or any third party may endure as a result of any Order or the cancellation or non-fulfilment thereof or any defective Products.
4.8 The User acknowledges that it does not rely on any warranties or representations given in the Catalogue in respect of the Products, other than those included in these Terms and Conditions. All specifications, prices, advertisements, brochures and technical data obtained by the User either directly from SAFI or in any media published with regards to the Products will only form part of this Agreement if confirmed in writing by both the User and SAFI.
5. Price and Payment
5.1 After completion and submission of an Order Form via the Website via the process as contemplated in clause 4 above, an invoice will be generated by the manufacturer and delivered to the Consumer via the Catalogue.
5.2 All payment specific details included on the invoice are at the discretion of the relevant manufacturer and SAFI has no involvement therewith. The prices for the Products whilst advertised in the Catalogue are subject to increase by the manufacturer.
5.3 The User acknowledges that the Products appearing on any invoice issued are the Products ordered by the User. The manufacturer is entitled to invoice the User separately for each delivery of the Products.
5.4 The User shall make payment of the purchase price of the Products as set out in the Order Form directly to the manufacturer in cash in the currency stated on the invoice, in full, prior to delivery, via electronic funds transfer.
5.5 The User accepts all of the risk connected to payment to the manufacturer and acknowledges that it is third party bank details over which SAFI has no control.
5.6 Once the quotation has been accepted by the Consumer in writing, the Consumer may not withhold payment of an invoice for any reason whatsoever and may not apply set-off or deduction.
5.7 SAFI does not take responsibility for its Member’s operations, the quality of the Products nor workmanship. In the unlikely event of a complaint, Consumers are to contact the Sales Agent for assistance and resolution.
Part II – Use of the Website
6. Content
6.1 SAFI reserves the right to –
6.1.1 refuse services, suspend or terminate a User’s access to the Website, and remove or edit the Content at its sole discretion;
6.1.2 claim damages from any User who does not comply with these Terms and Conditions;
6.1.3 make improvements, change, or discontinue, without notice, any aspect or feature of the Website and Content;
6.1.4 change or amend the Products, prices, membership fees and Services on the Website, from time to time without notice to the Users; and
6.1.5 use the services of third parties to provide information on the Website.
7. Usage Restrictions
7.1 The User hereby agrees that it will not itself, nor through a third party –
7.1.1 use the Website for any purposes other than in respect of placing an Order or receiving the Products, receiving the Services and/or obtaining further information on the Services;
7.1.2 use the Website or any of the Content for or in conjunction with any illegal, unlawful, or immoral purpose or as prohibited by the provisions hereof;
7.1.3 engage in any activity intended to entice, solicit or otherwise recruit Users to join an organisation, except where such activities are expressly authorised in writing by SAFI or as permitted in law;
7.1.4 take action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent the User’s affiliation to any person, or otherwise manipulate or disguise the origin of anything posted or transmitted electronically to SAFI, whether on or through its Website, or otherwise;
7.1.5 engage in any abuse of electronic mail or spamming, including the posting or cross-posting of unsolicited articles with the same or substantially the same message to recipients that did not request to receive such messages;
7.1.6 modify, access, or make available any Content other than as made available by SAFI;
7.1.7 remove any identification, trademark, copyright or other notice from the Website;
7.1.8 violate the privacy of any person, or attempt to gain unauthorised access to the memberships and/or services rendered by SAFI;
7.1.9 use, copy, adapt, redistribute or modify the Content or any part thereof or frame, “mirror”, data-mine (by way of but not limited to, robots, crawlers or other similar programs) or cache the Website or reverse engineer, copy, modify, re-distribute, decompile, or create a derivative work of the Website or SAFI’s software, or any part thereof;
7.1.10 use the Website in a manner that may infringe the intellectual property rights or other proprietary rights of others, including the transmission of pirated software;
7.1.11 use the Website in any manner which could damage, impair, overburden, or disable the Website or interfere with any User’s use or enjoyment of the Website;
7.1.12 use the Website to transmit anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;
7.1.13 use the Website to post or transmit, by means of listings, reviews, comments, suggestions, ideas, question, or otherwise, anything which is unlawful, defamatory, discriminatory, obscene, offensive, vulgar, threatening, abusive, harassing, harmful, hateful, profane, sexually explicit, or which carries child pornography, religious or racial slurs, which can be construed as racially, ethnically, or otherwise objectionable in any way, or threatens or encourages bodily harm or the like, or which may violate any person’s personality rights;
7.1.14 frame, nor use framing technologies to enclose the Website, without the express written consent of SAFI (and the Owner where applicable); and
7.1.15 gather electronic mail addresses and/or names for commercial, political, charity or like purposes or collect or attempt to collect personal information about third parties without their knowledge or consent.
8. Linked Sites
8.1 The Website may contain links to other websites that are not controlled or maintained by SAFI.
8.2 While SAFI attempts to include only links to those sites which are in good taste and safe for Users, the User agrees that SAFI will not be responsible for the content, advertising, privacy policies, products, services, or other materials on or available from such linked Websites.
8.3 The use of linked Websites is at the User’s own risk. SAFI encourages all Users to read the terms of use of such other websites. Any inclusion of such links on the Website does however not imply SAFI’s endorsement of the linked site nor the content thereof.
8.4 SAFI reserves the right to disable links from third party sites to SAFI’s Website, and vice versa.
9. Copyright and Intellectual Property Rights
9.1 The Content is provided by the Owners.
9.2 All right title and interest in and to the Content vests with the Owners or their licensors. Nothing in these Terms and Conditions shall be construed as granting a User any right, title, or interest in the Content, other than to use the Content in accordance with these Terms and Conditions.
9.3 Except as specifically provided herein or elsewhere on the Website, no Content may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity.
9.4 SAFI reserves the right (at its sole discretion) to make changes to the Website, or to Products or Services offered by it at any time, with or without notice to the User.
9.5 No User may add, delete, distort, or otherwise modify the Content. Any unauthorised attempt to modify any Content, to defeat or circumvent SAFI’s security features, or to utilise the Website for any purpose other than its intended purpose is strictly prohibited.
10. Limitation of Liability and Disclaimers
10.1 SAFI does not warrant that the Website, Content, information, or downloads shall be error-free or that they shall meet any particular criteria, performance, or quality. SAFI expressly disclaims all implied warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.
10.2 To the extent permitted by law, the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors, and SAFI shall not be held liable for any damage, loss or liability of any nature whatsoever, howsoever caused.
10.3 SAFI makes no warranties or representations as to the availability, accuracy or completeness of the Website, or any third-party content accessible via the Website.
10.4 SAFI, its directors, employees, representatives, or service providers will not be liable for any special, direct, indirect, or consequential damages, expenses, or losses whatsoever, including loss of profits or data, loss of revenue, anticipated savings, goodwill, reputation or any delays, arising out of the use or inability to use the Website or performance of the Website or non-performance of the Website, maintenance, enhancements, events outside its control or force majeure events, even if SAFI has been advised of the possibility of such damages.
10.5 The User waives and abandons any and all liabilities and claims of any nature whatsoever, howsoever arising, which he/she might have against SAFI, and releases SAFI against any and all liability and claims that may arise or accrue to the User, including but not limited to the User’s use of the Website, purchase of the Products or the Services.
10.6 Each Member hereby indemnifies and holds SAFI harmless from any losses or claims arising from the sale of the Products via the Website and the use of the Services.
10.7 The use of the Website is at the User’s sole risk.
10.8 The Products and Services advertised on the Website and other marketing material and documents are to be used as a guideline only and may be influenced or changed by variable and/or unforeseen factors and SAFI shall not be responsible for the accuracy of information published thereon.
10.9 SAFI shall not be held liable for any errors or omissions in any of its publications and documentations (including any such material, information, publications, and documentation made available in digital or electronic media format).
11. Non-Endorsement
11.1 Reference to any specific company, products, processes, or services by trade name, trademark, manufacturer, or otherwise on the Website does not necessarily constitute or imply its endorsement, recommendation, or favouring by SAFI. Any such references are provided solely for informational purposes.
11.2 SAFI makes no representations or warranties regarding the quality, safety, suitability, or legality of any Products, services, or companies referenced in the Catalogue or elsewhere on the Website and expressly disclaims any responsibility or liability for any Products or workmanship nor does SAFI accept any responsibility for its Member’s operations.
12. Access to and Use of Information
12.1 It is possible for internet-based communications to be intercepted. Without the use of encryption, the internet is not a secure medium and privacy cannot be ensured. Email is vulnerable to interception and forging.
12.2 All banking details and associated information obtained by SAFI will be used for billing purposes only and will otherwise be kept strictly confidential.
12.3 To ensure acquaintance with and awareness of the privacy measures and policies of SAFI the User is urged to read and understand the underlying privacy clauses as set out in the privacy policy published on the Website.
13. Other Territories
13.1 SAFI makes no representation that the Website and the Content thereon are appropriate or available for use in other locations or countries. Access to the Website from territories or countries where the Content is illegal is prohibited. If the User accesses the Website from locations outside of the Republic of South Africa, that User is responsible for compliance with all such local laws.
Part III – General
14. Dispute Resolution
14.1 SAFI may demand that a dispute be determined in terms of this clause 14 by written notice given to the other Party in accordance with the Expedited Rules (“Rules”) of the Arbitration Foundation of Southern Africa (“AFSA”).
14.2 This clause shall not prevent any Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction, pending the decision of an arbitrator.
14.3 The User hereby consents to the arbitration being dealt with on an urgent basis in terms of the Rules of AFSA should either Party, by written notice, require the arbitration to be held on an urgent basis. In such event either Party may apply to the AFSA Secretariat as required in terms of the said Rules to facilitate such urgent arbitration.
14.4 The arbitration shall be held –
14.4.1 at Cape Town;
14.4.2 with only the legal and other representatives of the Parties to the dispute present thereat; and
14.4.3 otherwise in terms of the Arbitration Act, No. 42 of 1965 (“Arbitration Act”), unless otherwise provided for herein.
14.5 The arbitrator shall be a practising advocate of the Cape Bar of at least ten years’ standing, appointed by agreement between the Parties to the dispute, subject to clause 14.6.
14.6 Should the Parties fail to agree on an arbitrator within 14 days after the giving of notice in terms of clause 14.1, the arbitrator shall be appointed by the Chairperson of the Cape Bar Council (or by AFSA if the Cape Bar Council no longer exists), at the request of either party to the dispute.
14.7 The decision of the arbitrator shall be final and binding on the Parties to the dispute and may be made an order of the court, at the instance of any of the Parties to the dispute. The Parties hereby consent to the jurisdiction of the High Court of South Africa, Western Cape Division, Cape Town in respect of the proceedings referred to in clause 14.8.
14.8 The Parties agree to keep the arbitration including the subject matter of the arbitration and the evidence heard during the arbitration confidential and not to disclose it to anyone except for purposes of obtaining an order as contemplated herein.
14.9 It is recorded that it is the intention of the Parties, that any dispute referred to arbitration in terms of clause 14.1 shall be resolved strictly in accordance with the provisions of this clause 14. The Parties accordingly agree and undertake as follows –
14.9.1 that it shall not make any application to Court as contemplated in terms of section 3(2) of the Arbitration Act;
14.9.2 that it shall not make any application to court as contemplated in terms of section 20(1) of the Arbitration Act; and
14.9.3 the periods set out in section 23 of the Arbitration Act shall not be applicable to any arbitration proceedings arising out of this Agreement.
15. ECT Requirements
15.1 In accordance with the disclosure requirements of Electronic Communications and Transactions Act 25 of 2002 and the Promotion of Access to Information Act 2 of 2000, SAFI makes the following information available to the User –
15.1.1 Full name: South African Furniture Initiative NPC
15.1.2 Legal status: Non-Profit Company
15.1.3 Physical Address: Unit 4, 39 Empire Road, Parktown, Gauteng, 2193
15.1.4 Website Address: https://furnituresa.org.za/
15.1.5 Email address: safi.info@furnituresa.org.za
16. Breach and Termination
16.1 Failure to comply with these Terms and Conditions constitutes a material breach upon which the User is permitted to use the Website, and may result in SAFI taking all or any of the following actions –
16.1.1 immediate, temporary or permanent withdrawal of the User’s right to use the Website;
16.1.2 immediate, temporary or permanent removal of any Content uploaded by the User to the Website;
16.1.3 issue a warning to the User;
16.1.4 obtain an order against the User for specific performance, with or without claiming damages;
16.1.5 claim such damages as it may have suffered in lieu of specific performance together with all amounts owing under or in terms of these Terms and Conditions; and/or
16.1.6 disclosure of such information to law enforcement authorities, as deemed necessary in SAFI’s sole discretion.
17. Amendment of the Terms and Conditions
17.1 The Owner reserves the right to, at its sole discretion, amend, modify, add to or remove any provisions (in whole or in part) of the Terms and Conditions from time to time.
17.2 Any changes to these Terms and Conditions will become effective upon such changes being posted on the Website.
17.3 The onus rests on the User to periodically check the Terms and Conditions on the Website for any changes or updates therein contained.
17.4 The User’s continued use of the Website following the posting of any amendments by SAFI shall be considered notice of the User’s acceptance to abide by, and be bound by the Terms and Conditions, including any amendments hereto.