Terms and Conditions

GENERAL

The items shown on the website are carefully selected by Tracy Kelly. Some items are limited in stock. We pride ourselves in offering a range of good quality custom-made furniture that is made as one-off items. Products shown on the website and displayed on the showroom floor may not always be available, so please contact the showroom to check availability of stock. Our products are made up of a selection of imports that Tracy has selected during her travels abroad, as well as local suppliers that manufacture specific designs on Tracy’s behalf. Whilst we do our best to keep our pricing up to date, some prices on the website may be incorrect. Please use this as a guideline and contact the showroom for exact prices.

WOOD

Many of our products are made from wood. Wood is a natural, organic, and porous material, with each piece having its own unique character – no two pieces will be the same. Wood will expand and contract with seasonal humidity changes. Maintaining consistent humidity levels will help to minimise movement in the wood and prevent warping and cracking. It is important to note that air conditioning draws moisture out of the wood and can cause cracking.

UPHOLSTERY

Our upholstery items are made with down feathers and good quality foams. 

PRICE AND PAYMENT METHOD

Prices are quoted in South African Rands (ZAR), include VAT at 15%, but exclude delivery and any extra packaging requirements. We accept cash in-store, card, and EFT payments. Products paid for by EFT will only be released from the shop when the funds reflect in the company’s bank account. A 50% deposit is required on all custom-made items. The manufacturing lead time varies between 4-8 weeks from the date of payment. Full payment is required on all stock items on display in the showroom. Please allow 2-7 days for delivery.

REFUNDS & EXCHANGES

If you are not completely happy with your purchase, we are happy to refund or exchange the goods within 48 hours. Refunds or exchanges are only given if goods are returned with original documentation and are in the original condition. Additional delivery fees will apply should we need to collect the items being returned. The customer will be responsible for any courier costs incurred to return the items to the shop.

DELIVERIES

Specialised deliveries or outsourcing to a furniture removal company may be required should the delivery require hoisting over walls, navigating stairs, or additional manpower. Whilst we try to accommodate all our customers’ requirements, our team does not have the expertise for complicated deliveries. No deliveries will be done over weekends or public holidays. Should we not be able to meet the scheduled delivery date or time, we will contact the customer to reschedule. Delivery fees are not refundable.

NATIONWIDE & INTERNATIONAL DELIVERIES

Nationwide and international shipments can be arranged on the customer’s behalf using a variety of reputable courier companies. The customer can also arrange their own. Additional packaging would be required and will be charged to ensure the goods are well wrapped for long-distance transport. Once items are collected from our warehouse, the company cannot be held responsible for any damages. We strongly suggest you take out insurance for all third-party delivery and/or courier companies.

COLLECTIONS

Collections require original documentation and proof of payment in order for goods to be released. Tracy Kelly Design Studio will not be liable for any damages after goods have been signed for and released. We strongly suggest you take out insurance for all third-party delivery and/or courier companies.

STORAGE

Tracy Kelly Design Studio does not offer storage services. With the exception of items purchased in conjunction with production orders. After 10 days of purchase, the customer will be charged a 10% per day storage fee, which needs to be settled prior to collection.

CUSTOMER ORDERS & BACK ORDERS

It is the customer’s responsibility to provide Tracy Kelly Design Studio with the correct measurements and dimensions before the order is sent to the manufacturers. The customer must check the measurements on the quote when confirming the order. Custom orders are non-refundable or returnable. A 50% deposit is required prior to production taking place. A lead time of 4-8 weeks from receipt of deposit will be needed to manufacture any product. Fabric deliveries may cause a further delay in production; these instances are out of our control.

SALE ITEMS

All items sold on sale or at a sale price are non-refundable.

 

Cookies

We employ the use of cookies. By accessing Tracy Kelly Design, you agreed to use cookies in agreement with the Tracy Kelly CC’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Tracy Kelly CC and/or its licensors own the intellectual property rights for all material on Tracy Kelly Design. All intellectual property rights are reserved. You may access this from Tracy Kelly Design for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from Tracy Kelly Design
  • Sell, rent or sub-license material from Tracy Kelly Design
  • Reproduce, duplicate or copy material from Tracy Kelly Design
  • Redistribute content from Tracy Kelly Design

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Tracy Kelly CC does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Tracy Kelly CC,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Tracy Kelly CC shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Tracy Kelly CC reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Tracy Kelly CC a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Tracy Kelly CC; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Tracy Kelly CC. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Tracy Kelly CC’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly. We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

 

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.