Terms and Conditions

1. POCO Website Terms and Conditions


Terms of use

Acceptance of Terms

Welcome to the POCO website at www.poco.co.za (“Website” / “Site”). This Website is owned by SA POCO RETAIL (Pty) Limited trading as POCO (“the Company” / “us” / “we” / “our”).Please take a moment to read these terms and conditions to understand how they apply to your use of our Website. The Company permits the use of this Website subject to these terms and conditions (“the Terms and Conditions”). By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally and be bound by the Terms and Conditions. The Site promotes the sale of the Company’s products as well as other products (collectively “the Products”).

PLEASE DO NOT USE THIS SITE IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Product Pricing & Availability

The Company cannot guarantee availability of Products but will endeavour to source Products where possible. The Products displayed on this Site are subject to availability and are only available within the Republic of South Africa, within the defined areas as determined by the Company.

The prices displayed on this site are quoted in South African Rands inclusive of Value Added Taxation (‘VAT’). All prices displayed on the Site are valid and effective only in the Republic of South Africa. Prices do not include delivery charges.

We have made every effort to accurately display all Products and prices however Products and prices displayed on this site may vary from time to time and are subject to availability. The Company shall in no way be held responsible for any errors or misstatements emanating from this website.

If a price as displayed contains an inadvertent and obvious error, the Company is not bound by it after- (a) correcting the error in the displayed price; and (b) taking reasonable steps in the circumstances to inform consumers to whom the erroneous price may have been displayed of the error and the correct price. We regret that no order will be accepted if we identify an inadvertent and obvious error in the prices of products or services or the description of any of our products or services or the on the Website.

The Company reserves the right, without prior notice, to discontinue or change pricing or specifications on Products and services offered on this Site without incurring any liability whatsoever. The Company reserves the right to refuse any order you place with us.

Colours

We have done our best to accurately display the colours of the Products shown on this Website. However, the colours of our Products shown on this Website may look different on your computer compared with the colour of the actual product. This is because different computers display colours differently depending on the type of computer screen (LCD, plasma, desktop, laptop etc.). We cannot guarantee that your monitor’s display of any colour will be accurate.

Intellectual Property

All intellectual property rights, including copyright, in all materials, including trademarks, logos, photographs, images, text and other graphics which form part of the Site are owned by the Company alternatively the Company is the lawful user thereof. Such rights are protected by both South African and international intellectual property laws. All data and information communicated to or from the Site and/or any Site information as well as the database is the sole property of the Company.

The Company grants you permission to view, electronically copy and print portions of the Site for the sole purpose of placing an order with the Company for any of the Products.
Any use of materials on the Site other than for the purpose noted above including, without limitation, the unauthorised submission, removal, modification, dissemination, copying or distribution of copyrighted or other proprietary content, without the prior written consent of the Company and/or the lawful trademark and/or copyright owner (if applicable), is prohibited and constitutes an unlawful infringement of the intellectual property rights of the Company and/or such trademark and/or copyright owner.

Unlawful Use

By entering this Website, you agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Website and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the pages of the Website or the content contained herein, without the prior written consent from The Company (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website). You may not use the Website to distribute material which is defamatory, offensive, and unlawful or contains hate speech.

Disclaimer for Website

While the Company takes all reasonable measures to ensure that the contents of this Website are accurate and complete, the Company makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website. The Company reserves the right to make changes, corrections and/or improvements to the information and to the Products and programs described in such information, at any time without notice.

The Company will use all reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserves the right to discontinue providing the Website or the service or any part thereof with or without notice to you. Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk. The Company does not accept any responsibility for any errors or omissions on this Website.

In addition to the disclaimers contained elsewhere in these Terms and Conditions, the Company also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.

External Links and Advertising

Links provided on this Site are subject to these Terms and Conditions. No person, business or other website may link to any page on this Site without the prior written permission of the Company. Links contained on this Website may lead to other websites outside of our control, including those of advertisers. These Terms and Conditions do not apply to those websites and the Company is not responsible for the practices and/or privacy policies of those sites or the cookies those sites use. In addition, because the Company has no control over such external sites and resources, you acknowledge and agree that the Company is not responsible for ensuring the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You shall not interpret the provision of such links as constituting any relationship between the Company and any linked third party, nor as an endorsement by the Company of such third party. Links provided on this Site to other websites are provided as is and the Company does not necessarily agree with, edit or sponsor the content of such websites.

Your use of such other 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 other websites or your reliance on any information contained on those websites.

Privacy Policy

We respect your privacy and take privacy seriously.

The Company has a strong commitment to providing excellent service to all of our customers and visitors of this Website, including respecting concerns about privacy. The Company will explicitly ask when we need information that personally identifies you or allows us to contact you (“Personal Information”). You agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything. The Company will endeavour to ensure that your personal information and details are protected. However due to the multitude of devices and methods in which the Website can be accessed the Company cannot guarantee the absolute security of any information you transmit to us or which the Company transmits to you.

The Company shall be entitled to disclose Personal Information if required to do so (a) to comply with applicable law or with legal process served on the Company; (b) to protect and defend the rights or property of the Company, and (c) for the purposes of distributing same to various employees and/or third parties who assist the Company in providing services to you and thus need to know your Personal Information in order to render a proper and efficient service to you. The Company will ensure that all such employees and/or third party service providers having access to your Personal Information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your Personal Information.

You are aware that information and data is automatically collected through the standard operation of the Internet servers and through the use of “cookies.” “Cookies” are small text files a website can use to recognise repeat users, facilitate the user’s ongoing access to and use of the website and allow a website to track usage behaviour and compile aggregate data that will allow content improvements and targeted advertising. Cookies are not programs that come onto your system and damage files. Generally, cookies work by assigning a unique number to you that has no meaning outside the assigning site. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however, you should note that cookies may be necessary to provide you with certain features (e.g., customized delivery of information) available on our Websites.)

WHILST THE COMPANY IS OF INTENT TO TAKE REASONABLE MEASURES TO KEEP PERSONAL INFORMATION ABOUT YOU CONFIDENTIAL, IT SHALL HOWEVER NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION.

The Company will:

• treat your personal information as strictly confidential;

• take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

• promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;

• provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable request; and

• upon your request, promptly return or destroy any and all of your personal information in our possession or control.

We will not retain your Personal Information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

Changes to these Terms and Conditions

The Company reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.

Termination

The Company may in its sole discretion terminate, suspend and modify this Website and/or your use of this Website, with or without notice to you. You agree that The Company will not be liable to you in the event that it chooses to suspend, modify or terminate this Website or your use of this Website.

Governing Law

The Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa and application for any of the services offered on these pages or sites 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 the terms and conditions pertaining to such services.

User comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Limitation of Liability

THE COMPANY SHALL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL INJURY, LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, ANY MATERIAL OR CONTENT CONTAINED IN THE WEBSITE OR ANY LINKED WEBSITE, OR ANY INABILITY TO USE THE WEBSITE, OR ANY UNLAWFUL ACTIVITY ON THE WEBSITE CAUSED BEYOND THE REASONABLE CONTROL OF THE SUPPLIER.

YOU HEREBY INDEMNIFY THE COMPANY 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 OR THE RECEIPT BY YOU OF AN ELECTRONIC MAIL FROM THE SUPPLIER OR ONE THAT PURPORTS TO EMANATE FROM THE SUPPLIER, UNLESS THE LOSS, CLAIM OR DAMAGE ARISES AS A RESULT OF THE GROSS NEGLIGENCE OF THE SUPPLIER.

2. POCO Finance Terms and Conditions


Credit Applications

• Monthly instalment and total credit price shown include interest as shown, basic insurance, initiation fee, service fee and VAT.

• Delivery charges, deposit, comprehensive insurance and extended warranties are excluded. Credit and “No Deposit” offers remain subject to credit approval, an affordability assessment as required by the National Credit Act and a debit order where relevant.

• INTEREST RATE, DEPOSIT, INSTALMENT AND CREDIT PRICE MAY VARY BY CREDIT PROFILE AND TERM LOAN. You may be required to produce proof of an insurance policy or alternatively take up insurance with us. Minimum Application Requirements: ID Book, latest payslip, 3 months bank statements and proof of own insurance (if applicable).

• Pepkor Trading (Pty) Ltd is an authorised Financial Services Provider (FSP3247) duly authorised to act on behalf of Century Capital (Pty) Ltd (NCRCP 74), t/a POCO Finance) Abacus Life Ltd and Abacus Insurance Ltd

3. POCO Promo Terms and Conditions

Students and Senior Citizens 10% discount

Date: Every Tuesday

Terms and conditions:

1. Students and Senior Citizens qualify for a 10% discount on advertised prices every Tuesday.
2. This discount promotion is not applicable to:
2.1 electronic goods; and
2.2 products already subject to another promotion.
3. To qualify for the 10% discount:
3.1 Students must be over 18 years of age and must produce proof of registration at a recognised tertiary learning institution.
3.2 Senior Citizens must be 60 years or older, and must produce a valid South African ID card/book.
4. This promotion is further subject to POCO’s standard terms and conditions of sale*. The following matters should specifically be noted:
4.1 POCO reserves the right to limit the quantity of goods sold to an individual in terms of this promotion;
4.2 The promotion is only valid for as long as there is stock available.
*See www.poco.co.za

25% off all mattresses, base sets, beds and bedroom furniture

Date: 26, 27 and 28 May 2017

Terms and conditions:

1. Customers can qualify for 25% discount on advertised prices on all Base Sets, mattresses, beds and bedroom furniture.
2. This promotion is available at both POCO Strand and Sandown stores.
3. This discount promotion is not applicable to:
2.1 wardrobes; and
2.2 products already subject to another promotion.
4. This promotion is further subject to POCO’s standard terms and conditions of sale*. The following matters should specifically be noted:
4.1 POCO reserves the right to limit the quantity of goods sold to an individual in terms of this promotion;
4.2 The promotion is only valid for as long as there is stock available.
4.3 Certain products may require self-assembly.
5. Only 3 month Layby’s are available on this promotion. Laybys are only available at the Strand store.
*See www.poco.co.za