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TERMS AND CONDITIONS

CLICK FOR THE FULL TERMS & CONDITIONS HERE

1. What do these Terms and Conditions regulate?
1.1 These terms and conditions include the ‘Privacy Policy’ the Frequently asked questions (“FAQ”) and the ‘Product care handbook’, available at http://www.cecileandboyd.com collectively referred to as the”Terms”.
1.2 The website located at www.cecileandboyd.com (“Website”) is made available by Cecile and Boyds cc trading as Cecile and Boyd (“Cecile and Boyd”/”C&B”/”we”/”our”/”us”).  Any reference to “Cecile and Boyd”, “C&B”, “we”, “our” or “us” includes our employees, officers, members, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
1.3 These Terms apply to any person who shops, uses, accesses, refers to, views and/or downloads the information made available by us on the Website or physical stores for whatever purpose (hereinafter referred to as “users” or “you” or “your” or “customers”).

2. Your agreement to these Terms
2.1  Your use of the website or physical stores confirms your unconditional acceptance of the terms which will result in the terms becoming a legal contract between you and us.
If you do not agree with any term or condition in these terms, the privacy policy or the returns policy, or any policies or additional documents we incorporate by reference, or any subsequent changes thereto or become dissatisfied with us, the website, our privacy policy, faq or product care documents, you must not continue
2.2 E website or physical stores: These Terms and Conditions govern your access to and use of our services and offerings, both online and offline. By using our website or visiting any of our physical retail locations, you agree to be bound by these Terms and Conditions, which apply equally to transactions, communications, and interactions conducted through our website and in our stores, unless expressly stated otherwise.

3. Products, Content and Specifications
3.1 All features, content, specifications, products and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Cecile and Boyd makes all reasonable efforts to accurately display the attributes of our products, including the applicable colours; however, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours.
3.2 The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.

4. Accuracy of Information
4.1 Whilst all reasonable and foreseeable steps and precautions have been taken to ensure the accuracy of all of the information on the Website, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness or accuracy of any information on this Website.  For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website.
4.2 You understand and agree that the information, details, descriptions and prices set out on this Website may change from time to time. This Website may therefore not always contain the correct or most up-to-date information, details and descriptions of products.  You are advised to contact us at shop@cecileandboyd.com before using or relying on the Website.

5. The Purchase Price
5.1 All prices include VAT unless stated otherwise. Prices exclude delivery, insurance, customs duties, taxes, or any other associated charges unless specified. These charges will be quoted and invoiced separately where applicable.
5.2 Orders will not be dispatched and may not be collected until full payment is received and cleared.
5.3 When making an EFT payment, Cecile and Boyd advises customers to be vigilant and confirm all relevant and necessary information before making payment. Should the payment be intercepted by fraudulent third parties, Cecile and Boyd shall not be liable for any loss suffered by the customer. Please be advised that Cecile and Boyd will not proceed with the contract of sale if we cannot confirm receipt of funds as a result of fraudulent interception.
5.4 Please retain your invoice as proof of purchase.
5.5 Prices on the website and in-store are subject to change without notification.
5.6 Pricing on our system at the point of sale will be honoured over in-store price on the floor.

6. Deliveries, collections and storage
6.1 Deliveries are handled by independent third-party transporters upon request. Delivery charges are for your account and will be included on the final invoice.
6.2 All risk in the products shall pass to the customer upon delivery or collection thereof. Should you collect the products, Cecile and Boyd will not be held liable for any loss or damage to the products, whether you, your representative or a third-party transporter collected the products. For this reason, customers are required to inspect products prior to leaving our premises.
6.3 All handling, packing, loading, unloading, warehousing and transporting of products by you or on your behalf at your request are effected at your sole risk and you indemnify us accordingly.
6.4 If we are arranging the delivery of your product on your behalf, it is essential that you inspect it upon receipt and report any damage within 48 hours.
6.5mIf products are not collected or delivered within ten (10) days of notice, a storage fee of R250 per day will apply. All storage fees must be settled prior to release of products.

7. International Shipments
7.1 International shipments are quoted for on request and are shipped Ex Works (EXW). International customers are responsible for duties, taxes, customs clearing costs and insurance.
7.2 International orders are generally subject to local import fees, duty, customs, VAT charges or additional taxes in the country of destination.
7.3 Cecile and Boyd shall not be responsible for, nor can offer any specific advice regarding import fees, duty, customs clearance or additional taxes that you may have to pay when your merchandise arrives.  If you require specific information about these potential charges, we advise you to kindly contact your local government import agent.
7.4 Certain countries have certain import limitations and restrictions which need to be considered at the time of the order.  We are not responsible for ensuring compliance with any of these restrictions and/or limitations. The onus is therefore on you to determine whether any restrictions will apply.

8.Returns
8.1 You are entitled to return any purchase within 7 (seven) business days of the product(s) being delivered;
8.2 In order to obtain a purchase price refund, the product(s) being returned must be sent back to us in accordance with the returns procedure set out below;
8.2.1 Please retain the original packaging of the product(s) and ensure that the items are returned in the new and exact condition they were received in, and in their original packaging. Please inform us of any intended returns prior to dispatch to allow us to track the products.
8.2.2 You will be responsible for the payment of all delivery, packaging, insurance and courier fees or charges incurred by you or us (as the case may be) in the return of non-defective products to us.
8.2.3 Products must be returned to the following address: 253 Florida Road Morningside Durban 4001 or 26 Kloofnek Road Tamberoskloof Cape Town, 8001 depending where the products were dispatched from. Please ensure that the returned package contains your name, as well as a contact number.
8.3 If the incorrect product is delivered to you in error (i.e. It is not the product you purchased), please do not remove the product from its original packaging. Please promptly contact us, so that we can resolve the error by arranging to collect such product from you and deliver the correct product to you as soon as possible.
8.4 Please note: the following are examples of things which will NOT be regarded as defects and will NOT entitle you to any repair, replacement or refund:
8.4.1 Products that you or any other person has altered, repaired, used, incorporated or added to.
8.4.2 Products which have been used improperly. Please note all our products are made for indoor use only.
8.4.3 Products, whereby their nature of being handmade, may have imperfections or variations in colour, texture and size. These are NOT considered to be a defect, as the imperfections or variations are a fundamental element of the product.
8.5 Within 7 (seven) business days of the returned item having been cleared by us, the purchase price for the product/s will be refunded to you. You will be notified by email once your return has been received and processed.

9. Warranty
9.1 Cecile and Boyd provides a six (6) month warranty on all products sold, effective from the date of purchase. This warranty covers defects in workmanship and includes the free repair or replacement of faulty components, subject to the terms below. If a product cannot be repaired or replaced, a refund may be issued either by EFT or as credit on your Cecile and Boyd account.
9.2 Please note: All Cecile and Boyd products are designed exclusively for interior use. Any use in exterior environments will void the warranty.
9.3 To qualify for warranty coverage, the following conditions must be met:
9.3.1 Proof of purchase must be provided via the original invoice.
9.3.2 The product must have been used solely for its intended purpose in an indoor environment.
9.3.3 The product must have been cared for in accordance with our official Care Instructions, which can be obtained from a Cecile and Boyd consultant or found via our website under “product care handbook”.
9.3.4 The product must not have been misused, neglected, abused, or altered, nor subjected to unauthorised modifications or poor maintenance and cleaning.
9.3.5 The product must have been assembled strictly in accordance with our instructions.
9.3.6 The product must not have been partially disassembled or tampered with by any party other than Cecile and Boyd.
9.3.7 Upon receipt of a warranty claim, we will inspect the product to verify compliance with the above conditions. If the product qualifies, we will repair it where possible or offer a replacement.
9.3.8 If the product cannot be repaired and is no longer available, a credit to the value of the original transaction will be applied to your account.
9.3.9 If a product does not meet the warranty requirements listed above, you will be responsible for:
9.4 All transportation and delivery costs related to warranty servicing must be paid in advance by the customer before any arrangements will be made.
9.5 Please note: The final decision regarding whether to repair, replace, or issue store credit lies solely at the discretion of Cecile and Boyd.

10. Reserves
10.1 At your request, Cécile & Boyd will reserve items for a maximum of four (4) business days. If we do not receive confirmation of your intention to purchase within that period, the reserve will be automatically cancelled and the items will be released for sale without further notice. While we will do our best to contact you should another customer request the same item, we reserve the right to release it if we do not hear back from you.

11. Electronic Communications
11.1By using this Website and accepting these Terms, you agree that all agreements, notices, disclosures and any other communications sent by you or us satisfy any legal requirements, including but not limited to the requirement that such communications should be in “writing”.  For the purposes of this paragraph, a “data message” means data generated, sent, received or stored by electronic means.
11.2 You agree specifically that:
11.2.1 The agreement will be treated as if it was concluded at our physical address on the date on which you first made any use of the Website;
11.2.2 Any data message sent by either you or us to the other will be deemed to have been sent from our physical address if neither your usual place of business nor residence is located within South Africa;
11.2.3 Subject to the further provisions of these Terms, any communication sent to you by an information system programmed to operate automatically on our behalf will be a data message attributable to, or authorised by us; and
11.2.4 Subject to the further provision of these Terms, a data message sent by you to us will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or a person who had authority to act on our behalf in respect of that data message.
11.3 While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to you. We also may require verification of certain information prior to the acceptance and/or shipment of any order to you.

12. Use of this Website
12.1 The design of this Website and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Website are protected by copyright, trade mark and other laws and may not be used except as permitted by these Terms or with prior written permission of Cecile and Boyd and its licensors, if applicable.
12.2 You may not modify the information or materials displayed on or that can be downloaded from this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trade mark laws, laws of privacy and publicity, and other laws and regulations.

13. Trade marks
Certain trade marks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trade marks, trade names and service marks of Cecile and Boyd and its affiliates. Other trade marks, trade names and service marks used or displayed on this Website are the registered and unregistered trade marks, trade names and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade marks, trade names, service marks or logos displayed on this Website without the written permission of Cecile and Boyd or such other owner.

14. Linking to this Website
Creating or maintaining any link from another Web site to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rule and regulations.

15. Third-Party Links
15.1 From time to time, this Website may contain links to websites that are not owned, operated or controlled by Cecile and Boyd or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website.
15.2 Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.

16. User Information
16.1 Other than personally identifiable information, which is subject to the Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Website in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary.
16.2 We and our affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

17. Disclaimers
17.1 Your use of this site is at your risk. The information, materials and services provided on or through this website are, to the extent allowed by law, provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither cecile and boyd nor any of its affiliates warrant the accuracy or completeness of the information, materials or services provided on or through this website. The information, materials and services provided on or through this website may be out of date, and neither cecile and boyd nor any of its affiliates makes any commitment or assumes any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law.
17.2 All products and services purchased on or through this website are subject only to any applicable warranties of their respective manufactures, distributors and suppliers, if any. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this website.
17.3 Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law.

18. Limitations of Liability
18.1 Cecile and Boyd assumes no responsibility, nor will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. In no event will cecile and boyd or any of its officers, members, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this website, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this website, any web sites linked to this website, or the materials, information or services contained on any or all such web sites, whether based on warranty, contract, delict or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law.
18.2 In the event of any problem with this website or any content, you agree that your sole remedy is to cease using this website. In the event of any problem with the products or services that you have purchased on or through this website, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer’s or supplier’s warranty, or to seek a return and refund for such product or services in accordance with the returns policy.
18.3 Except where expressly stated otherwise in these terms and conditions, and in addition to any other exclusions of liability contained herein, the Customer shall have no claim against C&B for any loss or damage of any kind arising from:
18.3.1 Any defect in the Products supplied; or
18.3.2 The absence of adequate instructions regarding potential hazards associated with the use or misuse of the Products.
18.4 This limitation shall not apply to the extent that the Customer qualifies as a “Consumer” under the Consumer Protection Act, 2008 (CPA), and the loss or damage falls within the scope of section 61 of the CPA. Nothing in this clause shall be interpreted as limiting C&B’s right to rely on any defences available at common law or in terms of any applicable legislation.
18.5 If C&B provides any advice regarding the application or use of the Products at the request of the Customer, C&B’s liability for the Products not being suitable for the intended purpose shall be limited to the original selling price of the Products in question.
18.6 The Customer hereby indemnifies and holds C&B harmless from and against any loss, cost, expense, or damage of any nature suffered by the Customer, except to the extent such loss arises from the gross negligence or wilful misconduct of C&B.

19. Revisions to these Terms and Conditions
These Terms may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by legal notices or terms located on particular pages of this Website.

20. Choice of Law; Jurisdiction
These Terms and Conditions supersede any other agreement between you and Cecile and Boyd to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms will be governed by and construed in accordance with the laws of Republic of South Africa without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Website will be brought only in the courts of Republic of South Africa. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

21. Termination
You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.

22. Required information in terms of section 43 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”)
This information is set out below:
22.1.1 Full name: Cecile and Boyds CC t/a Cecile and Boyd, a close corporation incorporated in accordance with the company laws of the Republic of South Africa with registration number CK 1989/018757/23;
22.1.2 Main business address of receipt for legal service: 253 Florida Road, Morningside, Durban, 4001, South Africa;
22.1.3 Office bearers:  Boyd Ferguson;
22.1.4 The manner and period within which you can access and maintain a full record of any payment transaction: shop@cecileandboyd.com;
22.1.5 Webmaster: shop@cecileandboyd.com;
22.1.6 Official website: www.cecileandboyd.com;
22.1.7 Email address: shop@cecileandboyd.com.

23. Cooling-off period
23.1 In terms of section 44 of the ECTA, you have a cooling-off period within which to cancel your order. We permit cancellations within 7 (seven) days of receipt of the products as long as products are returned to us in their original condition and in their original packaging. (refer returns policy)
23.2 Should you decide to return any of the products ordered from us, you will only be refunded for the price of the products. You will be liable for all delivery, insurance, packaging, courier and other shipping charges arising from the return of the products to us.

24. Variation of certain deeming provisions in the ECTA
24.1 By using the Website, you agree that these Terms create a binding contract between us and you, even though these Terms are wholly or partly in the form of a data message.  You agree specifically that:
24.1.1 The contract will be treated as if it was concluded at our physical address on the date on which you first made any use of the Website;
24.1.2 An electronic signature is not required by you or us for purposes of agreeing to these Terms;
24.1.3 Your use of the Website is sufficient evidence of your agreement to these Terms;
24.1.4 Any data message sent by either you or us to the other will be deemed to have been sent from our physical address if neither your usual place of business nor residence is located within South Africa;
24.1.5 Subject to the further provisions of these Terms, any communication sent to you by an information system programmed to operate automatically on our behalf will be a data message attributable to, or authorised by us; and
24.1.6 Subject to the further provision of these Terms, a data message sent by you to us will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or a person who had authority to act on our behalf in respect of that data message.

25. Additional Assistance
If you do not understand any of these Terms or if you have any questions or comments, we invite you to contact our Customer Service Department by email at shop@cecileandboyd.com or by phone at +27 21 424 8890.

26. Effective Date
This policy is effective from 1 June 2025