1. POCO Website Terms and Conditions
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.
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.
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.
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.
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.
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.
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.
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
• Monthly installment 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, INSTALLMENT 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.
4. POCO Cancellation Terms and Conditions
1 CUSTOMERS RETURNS (CPA s17, 20, 55-57)
1.1. If you are unhappy or not satisfied with your products, we will gladly exchange them, offer you a voucher or refund your money provided that you supply the original receipt.
1.2. A customer can return a product if:
1.2.1. The item has not been used and is in its original packaging (within 30 days). Mobile phones can only be returned within 7 days of sale;
1.2.2. The item has not been used and is a large item (furniture or appliances) that the customer only inspected when it was delivered to his/her premises and opened (within 10 days);
1.2.3. If the item is defective as demonstrated and agreed by management or a technician from the supplier (see defects with goods policy);
1.2.4. The item is unused and was wrongly described or different from the sample shown.
2 CANCELLATION POLICY – CUSTOMER RETURNS (CPA s17, 20, 55-57)
2.1. The returns policy is printed on the original sales till slip:
We are happy for you to return or exchange any item within 30 days, just bring it back unused with the original packaging undamaged.
Understandably, items that have been self-assembled cannot be returned.
Mobile phones can only be returned within 7 days of sale.
All returns must be accompanied with the original till slip.
** Note: All returns must be processed at the Returns department.
2.2. Used items cannot be returned (excluding defective items, see below). The item must be unused and in its original packaging. POCO reserve the right to refuse returns where the customer has discarded the original packaging.
2.3. Items that have been assembled by the customer cannot be returned. POCO reserve the right to refuse returns where the customer has self-assembled the item.
2.4. Due to hygiene reasons all linen products and mattresses cannot be returned once used/ opened.
2.5. The customer must present their original till slip as proof of purchase. The returns cashier cannot help the customer without this document. The returns cashier may not look on the system to try and match-up an original sale. The customer must provide the proof of purchase.
2.6. Same tender refunds must be done, therefore if the customer paid with a credit card the refund must be done on that card. In cases where more than R1,000 cash was paid and a refund is required, POCO will arrange an EFT (Electronic funds transfer) to the customer. This is due to strict cash management at a store level to limit the risk of armed robbery.
3 DAMAGED ITEMS SENT FOR REPAIRS PROCEDURE / DEFECTIVE ITEMS AFTER 6 MONTHS (CPA s57)
3.1. Items can be sent back to the supplier for repairs.
3.2. Customer damage or a fault detected after 6 months can be sent back to the supplier for repairs.
3.3. The returns cashier and the customer must complete the customer repairs book. A copy of the repairs job card is to be given to the customer for easy reference.
3.4. In terms of the CPA s57, there is a 3 month warranty on repair work
5. POCO Facebook Competition Terms and Conditions
Freebie Friday Competition
1. These terms and conditions apply to the “Freebie Friday” Facebook campaign.
2. Please read these terms and conditions carefully and by participating in this Competition, all participants irrevocably agree to be bound by these terms and conditions, which will be solely interpreted by POCO.
3. POCO may amend these terms and conditions at any time during the Competition, by posting such amendments on their website (www.poco.co.za).
4. The Competition is each Friday of the month on the Facebook Page of POCO.
5. The Competition may be terminated or extended at any time by POCO. In the event of such termination, all participants agree to waive (give up) any rights they may in terms of this Competition and acknowledge that they have no recourse of any kind against POCO or its promotional agents.
6. To enter the Competition you must be 18 years old or older and live in South Africa (being a resident or a citizen). Directors and/or Members and/or Agents and/or Promoters and/or Consultants to Promoters and/or Employees and/or Contractors and/or Family members of any of the following companies are not eligible to enter or even claim the prizes: POCO, including all employees within the Steinhoff Group of Companies.
7. POCO will post a “Freebie Friday” prize every week on Friday on its official Facebook Page, and in order to qualify to win a prize, participants should either like, share and or comment thereon.
8. Winners shall be randomly selected from the whole group of likes, shares and comments POCO received via its Facebook Page.
9. The winner/s will be announced the next week, on the Monday. The judges‘ decision is final and no correspondence will be entered into.
10. The winner/s will be notified via Facebook messenger. Once contacted, winners should provide the following information to POCO within 5 business days: Name, Surname, Identity Number, Mobile Phone Number and E-mail address. If this information is not provided within 5 business days, POCO reserves the right to forfeit the prize. Winners have 8 weeks after they provided the information above to collect their prize at specified POCO Store, failing, the winner will forfeit the prize, in such an instance, POCO reserves the right to readvertise the prize for a new winner. The winner agrees to supply a valid identification document (SA ID or passport), e-mail address and mobile phone number and any other validation procedure determined by POCO, in order to claim the prize.
11. The winner agrees to have his/her photo taken, which may be used together with their full names by POCO for advertising and promotional purposes on Facebook, without the obligation to notify or reimburse the winner.
12. By entering the competition, participants will have an “opt in” option in terms whereof they can subscribe to POCO’s future online marketing activities. After subscription, participants can at any given time “opt out” which option shall at all times be communicated with all future correspondence.
13. The prize includes the following: any goods which may be selected by POCO at their own sole discretion, and will be different each Friday.
14. The prize is not transferable neither can it be exchanged for cash.
15. POCO`s external auditors will oversee the competition.
16. Any violation, attempt and/or suspicion to violate any of these rules will result in the immediate disqualification on the participant.
17. Entrants indemnify POCO or their respective affiliates for any loss or damage that it or its respective affiliates may suffer because of the Entrant’s breach of these terms and conditions. Consequently, the Entrants agree to compensate POCO or their respective affiliates for any loss or damage it suffered (including consequential damages and/or legal expenses incurred) because of the Entrant’s breach of these terms and conditions. The Entrants also agree to hold POCO or their respective affiliates harmless for any claim made against it or their respective affiliates by third parties due to the Entrant’s breach of these terms and conditions.
18. The prize may not be awarded if entry procedures or these terms and conditions have not been adhered to or if POCO detects and/or suspects any irregularities or fraudulent practices.
19. All participants indemnifies POCO and any other company associated with the competition and its advertising agencies against any and all claims howsoever from their participation in this competition.
20. All participants further indemnifies POCO from any claim should this Competition be called off or extended for any reason whatsoever. Consequently, all participants agree to waive any rights they may have in terms of this Competition and acknowledge that they have no recourse against POCO or any of its promotional agents.
21. The winner will be required to sign a detailed indemnity document prior to redeeming or delivery of a prize.
22. If required, as a result of a change in legislation by the Minster of Trade and Industry or if the Competition is declared unlawful, POCO reserves the right to terminate this competition immediately and without notice. In the event of such termination, all participants agree to waive any rights they may have accrued in terms of this Competition and acknowledge that they have no recourse against POCO or its promotional agents.
23. At the end of the competition of all POCO`s obligations with regard to the Competition as well as with regard to the prize shall cease to exist.
24. These terms and conditions are severable and are governed by the laws of the Republic of South Africa.