GIAVA INTERIORS (PTY) LTD

STANDARD TERMS & CONDITIONS

Last Updated: 2025

Welcome to Giava Interiors. Please note that your use of this website (www.giavainteriors.com) is governed by the Standard Terms and Conditions (“Terms”) appearing herein.

The Terms shall apply to all contracts of sale of goods and/or supply of services by Giava Interiors and no terms or conditions appearing elsewhere, which are at variance with these conditions, shall be binding on Giava Interiors.

By ordering, purchasing, or receiving any products, goods or services from Giava Interiors, you irrevocably and immediately agree and bind yourself to the terms and conditions of sale and service, as disclosed hereunder.

These Terms are updated from time to time and are subject to change without notice.  An up-to-date version of the Terms shall always be available on www.giavainteriors.com.

1. PRIVACY & POPIA COMPLIANCE

Giava Interiors (Pty) Ltd (“Giava Interiors”, “we”, “us”, or “our”) is the Responsible Party for the collection, storage, and processing of personal information as defined in the Protection of Personal Information Act, 4 of 2013 (POPIA).

Our appointed Information Officer may be contacted at info@giavainteriors.com regarding any privacy-related queries, access requests, or concerns.

We collect and process personal information solely for legitimate business purposes, including the fulfilment of orders, customer communication, account administration, and compliance with legal and tax obligations.

Your personal information will be retained only for as long as necessary to achieve the purposes for which it was collected or as required by law, after which it will be securely deleted or de-identified.

You have the right to:

• Request access to your personal information;
  
• Request correction or deletion (erasure) of inaccurate or outdated data;
  
• Object to the processing of your information; and
  
• Lodge a complaint with the Information Regulator (South Africa) via www.justice.gov.za/inforeg.
  

Giava Interiors may engage third-party operators such as payment gateways, couriers, and email service providers to process personal information on its behalf. All such operators process data under written operator agreements in compliance with POPIA, and Giava Interiors remains the Responsible Party for all personal information collected and processed.

For full details on how we collect, store, and protect your information, please refer to our Privacy & Cookie Policy, which forms part of these Terms and Conditions.

2. PAYMENT OPTIONS ACCEPTED

Payment may be made via Visa and MasterCard. 

3. PAYMENT OPTIONS NOT ACCEPTED

American Express and Cash.

4. SECURITY & DATA PROTECTION 

4.1. Card Acquiring & Security

Card transactions for payments to Giava Interiors are processed via trusted third-party payment gateways including PayGate, PayFast, PayPal, PayFlex, Yoco, and Ozow, all of which are PCI DSS compliant and use Transport Layer Security (TLS 1.2 or higher) encryption to protect data in transit.

No card details are stored on Giava Interiors’ servers or website.

Clients can view each provider’s security policy at:

• www.paygate.co.za
• www.payfast.co.za
• www.paypal.com
• www.payflex.co.za
• www.yoco.com
• www.ozow.com
  

4.2. Client Details Separate From Card Details

Client details are securely stored by Giava Interiors in accordance with POPIA and our Privacy & Cookie Policy. Payment and card information are processed independently by the above-mentioned payment gateways and are not stored, shared, or accessible to Giava Interiors.

5. COOKIE POLICY

The Giava Interiors website uses cookies to improve user experience, analyse website traffic, and personalise content. You may disable cookies in your browser settings; some features may not function optimally without them. For details, see our Privacy & Cookie Policy.

6. MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY 

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR). 

7. FIRST PARTY SECURITY PROVIDER

Giava Interiors is the direct first party service provider, responsible for provision of goods and services in a given transaction, including any sale of goods and services sold on this website, ancillary Client service and support, and associated dispute resolution. 

8. COUNTRY OF DOMICILE 

This website is governed by the laws of South Africa and Giava Interiors chooses as its domicilium citandi et executandi, for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: 24 Arklow Road, Bryanston, South Africa, 2191.

9. REFUND & RETURN OF STOCK ITEMS

Giava Interiors has a cooling-off period during which you may return your stock item(s) for a full refund within 7 (seven) calendar days of receipt, should you be dissatisfied with your purchase.

This cooling-off policy applies to online purchases made via the Giava Interiors website and complies with Section 44 of the Electronic Communications and Transactions Act, 25 of 2002 (ECTA).

To be eligible for a refund, your stock item(s) must:

• be unused and in the same condition in which you received them;
  
• be returned in their original packaging; and
  
• include proof of purchase.
  

Returns are made at the client’s own cost, as required under ECTA. Giava Interiors is not responsible for return shipping, transport, or insurance costs.

The following items are excluded from this cooling-off policy and are non-returnable and non-refundable once an order has been placed:

• Custom-made, made-to-order, personalised, altered, or cut-to-size goods, including wallpaper, fabrics, and bespoke furniture;
  
• Goods purchased through direct marketing beyond the five (5) business-day cooling-off period provided for under Section 16 of the Consumer Protection Act, 68 of 2008 (CPA);
  
• Sale items, clearance stock, or discontinued goods.
  

Stock items must be returned at your own cost within 2–5 business days of notifying Giava Interiors of your intention to return. Returned items will be inspected within 72 hours of arrival at our warehouse.

Once we determine that the returned goods meet the above criteria, a refund will be issued for the product purchase price, less applicable delivery and/or collection fees.

10. RETURN OF DAMAGED GOODS   

Giava Interiors takes great care to ensure that every order is inspected and securely packaged before dispatch.

Should you receive a product that is damaged in transit or appears to have a manufacturing defect, you must notify Giava Interiors in writing within 48 hours of delivery by emailing info@giavainteriors.com, including:

• your order number and proof of purchase;
  
• clear photographs showing the product, packaging, and the alleged damage or defect; and
  
• a brief description of the issue.
  

Giava Interiors will assess the claim and, at its sole discretion, may arrange for inspection, collection, repair, or replacement of the item.

Where damage or defect is verified as a manufacturing or supplier fault, the product will be repaired or replaced at no cost to the client.

The following are not considered manufacturing defects and will not qualify for repair, replacement, or refund:

• Damage arising from incorrect use, improper installation, exposure to moisture or sunlight, cleaning products, or third-party interference;
  
• Natural variations in materials such as wood, veneer, leather, fabric, or stone (including grain, texture, or colour differences);
  
• Minor dimensional or finish variations within acceptable tolerances as defined in clause 15.3;
  
• Damage caused by third-party installers, delivery agents, or contractors not appointed by Giava Interiors; or
  
• Normal wear and tear or softening of filling materials with use.
  

Where a replacement is authorised, Giava Interiors reserves the right to replace the item with a comparable product of equal value if the original item or materials are no longer available.

If damage results from third-party transport arranged by the client, Giava Interiors will not be held responsible, and any claims must be made directly with the courier or transporter.

11. REFUND OF UNAVAILABLE PRODUCTS

The provision of goods and services by Giava Interiors is subject to availability.  In cases of unavailability, you will receive a full refund within 5 business days. 

12. PRODUCT DESCRIPTIONS

Giava Interiors endeavors to be as accurate as possible in describing its products. However, we do not warrant those descriptions of stock items or other content on the website is accurate, complete, reliable, current or error-free. It is recorded that there is a degree of variability in the goods by their very nature, and as such Giava Interiors cannot warrant that they will be identical to each other or their description.

If a stock item is not as described, your sole remedy is to return the product in its unused condition, according to the guidelines outlined in the Returns Policy. Giava Interiors retains the discretion on whether to accept the requested return.

13. PRICING

Prices on the Website are subject to change without notification.

Except where noted otherwise, the Retail Price displayed for goods on the Website represents the price exclusive of VAT or any associated taxes and charges.

Despite our best efforts, items in our catalogue may be mispriced. If the correct price of an item sold by Giava Interiors is higher than our stated price (not applicable to sale items), we will, at our discretion, either contact you for instructions before shipping or cancel your order and refund you in full within 5 business days.

Quotations on special order goods are valid for a period of 10 (ten) days, from the date of issue.

14. CANCELLATION

All or any appointments for delivery and/or installation will be confirmed by the Parties at least 24 hours prior to delivery or commencement of installation, during office hours. In the event of cancellation of an appointment for delivery and/or installation, such cancellation must be done in writing by either party to the other party; and acceptance thereof confirmed in writing by the other party. Should you cancel the appointment and not inform Giava Interiors timeously, you will be liable for the call-out fee and staff wages, for the period of postponement of the cancellation.

No refunds are issued for services already rendered or work already initiated (including on-site or virtual consultations, renderings, layouts, and sourcing).

Any refund issued is at the discretion of Giava Interiors and subject to reasonable deduction for time spent and expenses incurred.

15. SPECIAL ORDER, HANDMADE GOODS & SERVICES

15.1. General Terms & Lead Times

Estimated timelines for goods and services will be shared but may be adjusted due to client delays, third-party dependencies, or supplier lead times.

The average lead time for custom-made orders is 3–8 weeks. Giava Interiors shall not be held liable for delays caused by external parties, public holidays, supplier lead times, or weather conditions.

Giava Interiors shall not be liable for any loss, damage, or inconvenience resulting from reasonable delays in manufacturing, delivery, or installation due to circumstances beyond its control.

15.2. Handmade and Artisan Products

All handmade products are unique, and no two pieces are exactly the same. You may expect minor distinctions that make your purchase truly one of a kind. These may include slight imperfections or subtle differences in size, colour, or finish.

Such variations are inherent to artisanal craftsmanship and do not constitute defects or grounds for rejection, return, or refund. By purchasing a handmade product, you acknowledge and accept that variations from the advertised image are to be expected.

In the unlikely event of an error or manufacturing defect in special-order goods, Giava Interiors will rectify the issue. Clients must notify Giava Interiors of any further snags or defects within 48 hours of such rectification; failure to do so will constitute acceptance of the goods and services in good order.

Giava Interiors does not accept returns or refunds on special-order or handmade goods.

15.3. Natural Materials & Products

This section applies specifically to natural materials, including solid wood, veneered wood, and genuine leather.

• Each piece is unique and may contain natural markings, minuscule burrs, or slight discolourations. These are natural characteristics and not considered manufacturing defects.
  
• Solid wood products often include visible wood grain, knots, and minor surface imperfections, all of which are inherent to the material.
  
• Wood naturally expands, contracts, or warps with changes in humidity and temperature. A tolerance of up to 5mm per linear metre is acceptable and not deemed a defect.
  
• When combining solid wood and veneer, variations in colour and grain may occur. Giava Interiors will endeavour to match these as closely as possible, but perfect alignment cannot be guaranteed.
  
• Leather products may show natural creases, scars, or grain variations, which are part of the material’s authenticity and are not faults.
  

These natural characteristics contribute to the individuality and beauty of each handcrafted piece and do not merit replacements.

Additional Measurements & Colour Tolerances

All custom-made furniture is crafted by hand and may vary slightly from the specified dimensions. A dimensional tolerance of up to ±10 mm is considered acceptable and does not constitute a defect.

Where multiple materials, finishes, or fabrics are used, slight colour or texture variations between batches may occur due to manufacturing and dye-lot differences. Such natural variations are inherent in bespoke production and do not warrant a replacement or refund.

15.4. Design Approvals & Client Responsibility

All drawings, designs, mood boards, quotations, and material samples are provided for client review and approval.

Once approved, Giava Interiors shall not be held responsible for any discrepancies, changes of mind, or variations not raised at the time of approval.

Any subsequent modifications will be treated as new work and will be quoted separately.

15.5. Colour, Finish & Digital Representation

Colours, finishes, and textures may appear differently on digital screens or under various lighting conditions.

Giava Interiors cannot guarantee exact colour or tone matches between digital references, material swatches, and final delivered products.

Reasonable variation between samples and final products shall not constitute grounds for return or refund.

15.6. Custom-Made and Special Orders

Custom-made and special-order goods are produced to the client’s specifications and are non-returnable and non-refundable.

By approving a quote or design, you confirm your acceptance of the product’s specifications and any inherent characteristics associated with bespoke production.

Giava Interiors reserves the right to substitute materials or components with equal or superior alternatives at its discretion, provided that quality, design intent, and price remain consistent with the original quotation.

15.7. Services & Installations

Where Giava Interiors renders services including installation, construction, renovation, maintenance, repair, or interim operation of goods, the following shall apply:

Giava Interiors' Obligations

• Services will generally be carried out during normal office hours (09:00–17:00), unless otherwise agreed in writing.
• Where urgent or after-hours work is required, increased labour rates may apply.
• Giava Interiors shall endeavour to complete work within a reasonable time frame, taking into account weather, public holidays, and supplier availability.
• Noise and disruption will be minimised where possible during installation or delivery.
• Giava Interiors exercises professional discretion in the execution of interior design plans and may substitute certain products or services with equivalent or superior alternatives as necessary.

Client Obligations

The client agrees to:

• Provide unhindered access to the premises for installation or delivery.
• Make available electricity, water, and ablution facilities, if required.
• Ensure that all surfaces and structures (walls, floors, ceilings, etc.) are in a suitable and safe condition for installation or mounting.
• Ensure all plumbing and electrical points are correctly prepared, with live isolation or shutdown arranged by the client prior to commencement of work.
• Obtain and maintain any permits, municipal approvals, or Homeowners Association (HOA) permissions necessary for installation or renovation works before commencement.
• Tolerate reasonable levels of noise, dust, or disruption during works.
• Not interfere with the duties of Giava Interiors or its contractors.
• Ensure the safety and containment of pets during installations or deliveries.

Failure to meet these conditions may result in delays or additional charges. Giava Interiors shall not be held liable for any delays, damage, or injury arising from unsafe site conditions, inadequate access, or missing approvals.

15.8. Third-Party Contractors

Giava Interiors may, at the client’s request, refer or liaise with external contractors or suppliers. However, Giava Interiors accepts no liability for the workmanship, delays, or conduct of any third-party contractor not directly employed by Giava Interiors.

15.9. Payment Terms for Special Goods & Services

Order Confirmation

An order form reflecting your name will be deemed a valid order, even if signed by an unauthorised person acting on your behalf.

An 85% deposit is required to confirm an order, with the balance payable before delivery or installation, unless otherwise agreed in writing.

Postponement & Storage

If delivery or installation is postponed by the client, payment remains due on the original delivery date.

Goods postponed for delivery will be stored at the client’s risk, and Giava Interiors shall not be liable for any loss, damage, or deterioration during storage.

Storage fees may apply and must be settled in full prior to release of goods.

Goods uncollected or undelivered within 60 days of readiness notification may, at Giava Interiors’ discretion, be resold or disposed of, with all proceeds forfeited by the client.

Payment Methods

Payments must be made via Electronic Funds Transfer (EFT) and will be deemed received once cleared unconditionally in Giava Interiors’ account.No cash or negotiable instruments will be accepted unless expressly authorised by a Director.

Ownership & Risk

Ownership of all goods remains with Giava Interiors until full payment has been received and cleared in Giava Interiors’ bank account.

Risk in and to the goods passes to the client upon delivery or installation of the goods, whichever occurs first; title passes only upon cleared funds.

In the event of delayed or non-payment, Giava Interiors reserves the right to reclaim possession of any unpaid goods and to apply any deposit received toward non-refundable materials or components procured for the order.

Interest of 2% per month, calculated daily and compounded monthly, will apply to overdue balances after 30 days from the due date.

Allocation of Payments

Unless otherwise specified, payments received will first be applied to any interest or legal costs, then to the oldest outstanding invoices.

Credit & Default

Giava Interiors reserves the right to withdraw credit terms at any time if the client’s financial position deteriorates.

In the event of a Credit Event, all outstanding balances become immediately due, and Giava Interiors may suspend or terminate any ongoing work.

The client may not withhold or set off payments under any circumstances.

A certificate issued by a Director or Manager of Giava Interiors will serve as prima facie proof of the client’s indebtedness.

16. DISCOUNTS

Discounts or promotional offers are granted entirely at the discretion of Giava Interiors and are not binding on Giava Interiors unless expressly confirmed in writing. Each discount or offer constitutes an individual transaction and shall not create any ongoing right or expectation of similar treatment in future purchases.

Promotional offers and discounts cannot be combined, transferred, or redeemed for cash, and are valid only for the specific period stated in the relevant promotion, quotation, or communication.

Giava Interiors may, from time to time, provide certain consultations, samples, or preliminary design advice at a discounted or complimentary rate. Should the client elect not to proceed with a confirmed order for goods or services following such preliminary work, Giava Interiors reserves the right to recover its reasonable costs and expenses, as agreed in writing prior to commencement, or failing such agreement, as determined at Giava Interiors’ discretion.

17. IMPORTED PRODUCT ORDERS

Where the parties have agreed that Giava Interiors is to order goods or products which require importation from a country outside of South Africa for sale and delivery to you, you shall be liable for any increase in the cost of said goods in excess of 5% of the total gross purchase price (between the date of placement of the order and the date of delivery of the goods), insofar as such increase is caused by a fluctuation in the exchange rate between South African Rands and the currency of the country from which the goods are ordered.

Where Giava Interiors and Client agree on the purchase price of specific goods in a currency other than South African Rands, Giava Interiors shall be entitled to elect to receive payment in South African Rands at date of invoice or in the foreign currency as originally agreed.

18. TRADE CLIENTS

18.1. Applicability

This clause applies exclusively to trade, wholesale, and business-to-business (“B2B”) clients purchasing goods or services from Giava Interiors for commercial, project, or resale purposes. Where the purchaser is a juristic person with an annual turnover or asset value exceeding R2 million, or otherwise exempt under Section 5(2) of the Consumer Protection Act (CPA), the CPA shall not apply to such transactions.

18.2. No Consumer Rights or Implied Warranties

Trade clients acknowledge that goods and services are purchased for business use; therefore consumer rights and statutory warranties under the CPA (including the six-month implied warranty and right to return) do not apply where the purchaser is a juristic person to whom the CPA does not apply in terms of section 5(2) (as amended from time to time). All warranties and remedies available to trade clients are limited to those expressly stated in §23 (Warranties).

18.3. Third-Party Installation or Handling

Where trade clients appoint or utilise their own delivery teams, installers, or contractors, Giava Interiors shall not be liable for any damage, defect, delay, or loss arising from such third-party handling, transport, or installation. Trade clients must ensure that their contractors follow Giava Interiors’ care, maintenance, and installation guidelines.

18.4. Indemnity

Trade clients indemnify and hold Giava Interiors harmless against any claims, costs, losses, or damages arising from:

• incorrect installation, handling, or modification of goods by the trade client or its contractors;
• use of goods outside their intended specification (e.g., commercial, hospitality, or outdoor use where not designed for such application); or
• failure to comply with Giava Interiors’ care and installation instructions.

18.5. Returns & Cancellations

All trade and custom orders are non-returnable and non-refundable once production has commenced. Cancellations after deposit payment will incur reasonable material and administrative charges. Returns will only be considered in the case of a verifiable manufacturing defect.

19. SERVICE CATEGORIES, SCOPE OF WORK, AND CLIENT RESPONSIBILITIES

To ensure clarity on the nature and extent of services offered, the below outlines the roles, scope of work, and example projects associated with each design service. This helps clients understand what is included in their selected service and what may fall outside the agreed scope. Please review carefully before confirming your project brief.

Interior Decorator

• Scope of work: Aesthetics only including colour palettes, furnishings, accessories, styling.
• Example projects: Room makeovers, furniture & soft furnishings updates.

Interior Designer

• Scope of work: Functional + aesthetic design, including space planning, furniture layout, lighting, finishes.
• Example projects: Residential remodels, commercial interiors, hospitality design.

Interior Architect

• Scope of work: Structural and spatial design – detailed plans for walls, plumbing, built-in joinery, technical drawings.
• Example projects: Large renovations, commercial buildings, custom architectural interiors.

Basic 2D Floor Plan

• Scope of work: A scaled floor plan based on client measurements, including walls, windows, and room labels. Includes 1-2 rounds of revisions.
• Example projects: A client renovating their space, needing a clean, to-scale floor plan to brief a contractor for structural layout only. Not SACAP-certified architectural work – not suitable for submission.

2D Layout with Furniture Layout Plan

• Scope of work: A floor plan based on client measurements with furniture placement to optimise space, flow, and room function. Includes 1-2 rounds of revisions. Not SACAP-certified architectural work – not suitable for submission.
• Example project: A client moving into a new space, needing help planning where to place their existing and new furniture to ensure flow and function before decorating.

On-site Consultation

• Scope of work: A walkthrough and design discussion of interior/exterior areas. Verbal advice on layout, colour schemes, finishes, flooring, lighting, window treatments, etc. Suggestions for furniture positioning and style direction. Guidance on renovation priorities or phasing. Answering client questions and offering practical, professional feedback. Verbal-only service. Written reports, moodboards, sourcing, or layouts are quoted separately.
• Example project: A client needs advice on flooring options, paint colours, furniture layout etc.

Project Management

• Scope of work: Overseeing the implementation of design plans, including contractor coordination, supplier management, timelines, quality checks, and on-site supervision.
• Example project: Managing the full installation of a project — coordinating painters, electricians, and furniture deliveries to ensure on-time, high-quality execution.

Procurement

• Scope of work: Sourcing, ordering, and managing the supply of furniture, finishes, décor, and materials based on behalf of the client. Fees and mark-ups disclosed upfront. Lead times depend on supplier stock and shipping. Includes supplier liaison, order tracking, and quality control.
• Example project: Sourcing custom furniture, soft furnishings, lighting, and décor across various suppliers to complete and elevate existing home interiors.

All services will be rendered in accordance with the service category selected by the client (e.g., Interior Decorator, Interior Designer, Interior Architect, Basic 2D Plan, etc.). Deliverables and expectations are outlined in the “Scope of Services and Role Definitions” table (above). Any work falling outside the agreed service scope will be quoted and billed separately.

Clients are responsible for providing accurate measurements and photos if no site visit is booked.  Clients must clearly communicate their design needs, preferences, and any site constraints in advance.  Delays in client feedback, approvals, or provision of required info may impact timelines of the overall project and are not the responsibility of Giava Interiors.

All design packages include a limited number of revisions, as specified in the agreed scope. Additional revisions will be charged at the hourly design rate.

Design concepts must be approved in writing (via email or WhatsApp) before moving into the next phase of work or before procurement begins. 

All official communication must be documented via email or WhatsApp. Verbal instructions are not binding unless confirmed in writing.

Office hours are Monday to Friday, 9am–5pm. Communication received outside of these hours will be addressed during business hours.

Unless requested in writing, Giava Interiors reserves the right to photograph completed work and use such photographs for marketing, portfolio, social media, and public relations purposes.

Client identity and location details will be kept confidential where requested.

20. THIRD-PARTY CONTRACTORS & INSTALLATION

Giava Interiors may refer third-party service providers for delivery or installation. We cannot be held liable for their actions, damages, or timelines. Clients are responsible for briefing and coordinating third-party contractors unless a project management service has been contracted separately.

Please note that Giava Interiors does not engage with suppliers or contractors who are not on our approved supplier and contractor list. Should a client choose to work with external parties outside of this list, they do so entirely at their own risk and remain solely responsible for managing those engagements.

21. FRAUDULENT ACTIVITY

In the event of fraudulent activities whereby a change of banking details is advised on Giava Interiors' letterhead or by other means, you agree that any payment made to any other bank account shall not constitute a valid discharge of your obligation to make payment to Giava Interiors.

You shall be obliged to notify Giava Interiors of any receipt of a notification of change of banking details and shall only give effect thereto if same is confirmed both in writing and telephonically by a Director of Giava Interiors.

All losses suffered as a result of any amounts being paid by you, into any bank account other than the account of Giava Interiors, shall be borne solely by you.

22. DELIVERIES

22.1. Delivery Scope

Giava Interiors offers door-to-door delivery within Gauteng.

For deliveries outside of Gauteng or for international orders, Giava Interiors makes use of third-party courier and freight partners.

No deliveries or collections may be made to PO Boxes.

For online orders, shipping costs, taxes, and discount codes (where applicable) are calculated at checkout.

22.2. Method & Charges

Giava Interiors will determine the most suitable delivery method, schedule, and route at its discretion.

Should you request any deviation from the agreed or standard delivery process, Giava Interiors may, at its sole discretion, accommodate such requests subject to any additional costs incurred, which shall be billed to you.

22.3. Site Readiness & Access

Upon notice of delivery, you must ensure that the delivery site:

• is accessible, safe, and prepared to receive the goods;
  
• has clear access routes, working power (if required), and adequate space for handling large items; and
  
• allows sufficient clearance for lifts, staircases, or doorways.

Failure to prepare the site may result in additional labour, storage, or transport charges, for which you will be liable. Giava Interiors shall not be responsible for any delays, damages, or losses arising from your failure to ensure site readiness.

22.4. Delivery Acceptance

Signature of the Giava Interiors Delivery Note by you or your authorised representative shall constitute acceptance that the goods and services have been properly and completely received in good order.

No claim for short or defective delivery will be considered unless:

• such defect or shortage is clearly noted on the Delivery Note at the time of delivery; and
  
• the Delivery Note is returned to Giava Interiors within 24 hours.

Where you fail to acknowledge receipt of delivery, any Delivery Note (copy or original), whether signed by an unauthorised person or unsigned, shall serve as prima facie evidence that delivery was completed and the goods received in good condition.

22.5. Partial Deliveries & Delays

Giava Interiors may deliver goods in portions or batches. You are required to make payment for each portion received, even if the balance of the order is pending.

All delivery timelines provided are estimates only and subject to external factors including production delays, supplier lead times, public holidays, logistics disruptions, or events beyond Giava Interiors’ control.

To the extent permitted by law, Giava Interiors shall not be liable for non-delivery or delayed delivery, and in any case, liability shall be limited to a refund of any amounts paid for undelivered goods.

22.6. Risk & Ownership

Risk in and to all goods passes to you upon delivery or installation, whichever occurs first. Title remains with Giava Interiors until full payment has been received and cleared in Giava Interiors’ bank account.

23. WARRANTIES

23.1. Warranty Coverage

Giava Interiors offers a 12-month warranty on defects in workmanship of furniture from the date of purchase, based on reasonable and intended residential use, provided that the products were properly installed and were made or assembled exclusively by Giava Interiors.

In addition, Giava Interiors guarantees that the materials used in the production of furniture and furnishings are free from degradation resulting from causes other than ordinary residential wear and tear for a period of 6 months from the date of purchase.

Statutory Warranty (Consumer Protection Act)

Nothing in these Terms limits the implied warranty of quality granted to consumers under Sections 55 and 56 of the Consumer Protection Act 68 of 2008.

Where the Act applies, a consumer may, within six (6) months of delivery, require Giava Interiors to repair, replace, or refund goods that fail to meet the required standard of quality, safety, or durability.

This statutory warranty, however, does not apply to goods that are custom-made, altered, or manufactured according to the client’s specific design, dimensions, finishes, or material selections, as such goods are expressly excluded from the six-month refund or replacement right under the Consumer Protection Act.

For business-to-business and trade transactions that exceed the CPA threshold, the contractual warranties contained in this clause 23 shall apply exclusively.

For the avoidance of doubt, custom-made, altered, or client-specified goods are excluded from the CPA six-month refund or replacement right.

23.2. General Care & Maintenance

Giava Interiors provides general care and maintenance guidelines for its products.

Damage arising from improper use, exposure to extreme environmental conditions, inadequate maintenance, inappropriate cleaning products, or third-party interference is not covered under any warranty and is not considered a manufacturing defect.

Clients are responsible for following Giava Interiors’ recommended care instructions to preserve the longevity and appearance of their products.

If these guidelines have not been provided to the client at the time of delivery or installation, it is the client’s responsibility to request them.

Failure to follow the recommended care instructions will void any applicable warranty.

23.3. Exclusions & Limitations

The workmanship and materials warranties exclude the following:

• Custom handmade-to-order goods and bespoke products, which by nature contain unique characteristics and variations.
  
• Any condition resulting from incorrect or inadequate maintenance, cleaning, or care.
  
• Damage or deterioration caused by accidents, alterations, misuse, negligence, exposure to direct sunlight, excessive humidity, moisture, or salt air, as well as insect or pet damage.
  
• Any condition resulting from use other than normal residential purposes or from commercial, hospitality, or outdoor applications, unless specifically designed and quoted for such use.
  
• Colour fastness, dye-lot variations, wrinkling, or wear of fabrics, leathers, or natural materials.
  
• Softening or settling of filling materials (foam, feathers, or down) under normal use.
  
• Slight warpage, hairline cracks, and natural variations in wood colour or grain, which are normal and inherent characteristics of natural timber.
  
• Any transport, delivery, labour, measuring, or installation charges associated with warranty assessment or rectification.
• Third-party products or components not supplied directly by Giava Interiors (e.g., lighting, hardware, or fittings sourced externally).

23.4. Warranty Claims Procedure

• Written Notice – All warranty claims must be submitted in writing to info@giavainteriors.com. Verbal or telephonic warranty claims will not be entertained.
• Documentation Required – Claims must include: Proof of purchase and original order number; Clear reference to the specific product on the order; A detailed written description of the issue; Clear photographs showing the alleged defect.
• Inspection Rights – Giava Interiors reserves the right to inspect any product subject to a warranty claim at the point of delivery, installation, or collection.
• Assessment and Remedy – Once a claim has been validated, Giava Interiors may, at its sole discretion: Repair the defective item; Replace the defective component or product with an equivalent or similar item; or Issue a partial or full credit toward future purchases.
  

Replacement or repair under warranty does not extend or restart the original warranty period.

23.5. Non-Transferability

This warranty is not transferable. The resale, gifting, or transfer of any Giava Interiors product to a third party automatically voids this warranty.

23.6. Limitations of Liability

• Giava Interiors’ liability under this warranty shall not exceed the original purchase price of the product in question.
• Giava Interiors shall not be liable for indirect, incidental, or consequential damages, including loss of profit, business, or opportunity, arising out of any defect or claim.
• Any modification or repair made by a person or company not authorised by Giava Interiors voids this warranty in its entirety.

23.7. Summary of Warranty Periods

• Furniture workmanship: 12 months, coverage includes manufacturing defects in workmanship
• Material integrity: 6 months, coverage includes degradation beyond ordinary wear and tear
• Upholstery & fabrics: 6 months, coverage includes material defects only (no wear, pilling, or dye variations)
• Finishes & coatings: 6 months, coverage includes manufacturing faults (not environmental exposure or cleaning damage)
  

24. LIMITATIONS OF LIABILITY

24.1. Best Endeavours On-Site

Where Giava Interiors has agreed to attend to the installation of goods or the rendering of services at the premises selected by the client, Giava Interiors shall exercise its best endeavours to avoid causing any damage to the client’s property, pets, visitors, employees, or any occupants of the premises. In the event of any damage, injury, or loss arising therefrom, Giava Interiors shall not be liable under any circumstances, except to the limited extent expressly provided in this clause.

24.2. Exclusion of Indirect/Consequential Loss

To the fullest extent permitted by law, Giava Interiors shall be exempt from and shall not be liable for any indirect, incidental, special, punitive, or consequential losses or damages, including (without limitation) loss of profit, business, income, reputation, opportunity, goodwill, or anticipated savings, arising from or related to:

• any defect in the goods or services;
• the goods or services failing to perform to desired specifications;
• any breach by Giava Interiors of its obligations; or
• the client’s dissatisfaction with the final presentation, aesthetics, or performance of the goods or services.

24.3. Right to Remedy Direct Loss/Defect

Should the client suffer any direct loss or damage as a result of the negligence of Giava Interiors, or as a result of a proven defect in the goods or services supplied, Giava Interiors shall have the right, in its sole discretion, to remedy such loss or defect at its own cost—using its own contractors, materials, and services—within a reasonable period after being notified in writing by the client.

24.4. Refusal of Remedy

If the client refuses Giava Interiors’ offer to remedy any direct loss or defect in terms of clause 24.3, Giava Interiors shall be entirely released from all liability in relation thereto, and the client shall have no further claim against Giava Interiors in respect of that loss or defect.

24.5. Overall Liability Cap

To the fullest extent permitted by law, Giava Interiors’ total aggregate liability—whether in contract, delict (including negligence), statute, or otherwise—arising from or in connection with any goods or services supplied under these Terms shall not exceed the total amount actually paid by the client to Giava Interiors for the specific goods or services giving rise to the claim.

24.6. No Extension of Time or Liability

Any repair, replacement, re-performance, or goodwill gesture provided by Giava Interiors shall not constitute an admission of liability, shall not extend or restart any applicable warranty period, and shall not increase the liability cap in clause 24.5.

25. COMPLIANCE

Giava Interiors undertakes to comply with all applicable South African laws and regulations, including but not limited to: the Consumer Protection Act (Act No. 68 of 2008), the Protection of Personal Information Act (POPIA), the Occupational Health and Safety Act (Act No. 85 of 1993), and all relevant industry-specific environmental, safety, and trade regulations.

Giava Interiors ensures that all products are manufactured, handled, and installed in accordance with accepted health, safety, and environmental standards.

Where third-party suppliers, manufacturers, or contractors are engaged, Giava Interiors shall use reasonable efforts to ensure that such parties also comply with applicable laws and industry standards. However, Giava Interiors shall not be liable for any act or omission of such third parties beyond its reasonable control.

All client information collected by Giava Interiors, whether through its website, online store, or direct correspondence, is managed in compliance with POPIA and Giava Interiors’ internal Privacy Policy, available upon request or via www.giavainteriors.com.

26. FORCE MAJEURE

Giava Interiors shall not be held liable for any delay, failure, or non-performance in the provision of its services, products, or website availability (www.giavainteriors.com) arising from circumstances beyond its reasonable control, including but not limited to:

internet or telecommunications failures; power outages; computer or equipment malfunctions; strikes; labour disputes; lockouts; riots; insurrections; civil disturbances; shortages of labour or materials; fires; floods; storms; explosions; acts of God; war; acts of terrorism; pandemics; load-shedding; governmental actions or regulations; or the non-performance of third parties.

In such cases, Giava Interiors’ obligations shall be suspended for the duration of the delay, and the client shall not be entitled to cancel the order or claim any damages or losses arising therefrom.

Upon cessation of the event giving rise to such delay or non-performance, Giava Interiors shall resume its obligations as soon as reasonably practicable, and all timelines and deliverables shall be adjusted accordingly in good faith.

27. ELECTRONIC COMMUNICATIONS

By using the Website or by sending us an e-mail or WhatsApp, you consent to receive communications from Giava Interiors electronically.

In accordance, Giava Interiors may communicate with you by e-mail, WhatsApp or by posting notices on this site.

You consent that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

28. INTELLECTUAL PROPERTY

28.1. Ownership of Intellectual Property

Giava Interiors has created, acquired, or otherwise obtained rights in and to Intellectual Property relating to its business, services, and products.

All concepts, mood boards, drawings, plans, 3D renders, designs, and other creative materials remain the exclusive intellectual property of Giava Interiors unless a full copyright buyout has been expressly agreed to in a separate written agreement.

The client shall not acquire any right, title, or interest in or to such existing Intellectual Property.

Any Intellectual Property created by either party as a direct or indirect result of services rendered by Giava Interiors to the client—including, but not limited to, designs, photographs, 3D renders, and installation images—shall vest solely in Giava Interiors.

To the extent required, the client hereby cedes, assigns, and transfers all rights, title, and interest in and to such Intellectual Property to Giava Interiors and agrees to do all things necessary to effect such assignment during or after completion of the services.

28.2. Usage & Public Rights

Giava Interiors reserves the right to use, publish, and promote any designs, photographs, 3D renders, or images of completed projects created during the course of the project for marketing and promotional purposes, including but not limited to:

social media, website content, digital and print advertising, portfolio presentations, and press features.

Such use shall be perpetual, royalty-free, and worldwide, across all media formats now known or hereafter developed.

The client hereby waives any moral rights to object to such use, while retaining the right to use photographs and renders of the project for personal, non-commercial purposes only.

Giava Interiors agrees that any personal or sensitive client information (including family photographs, portraits, or images of minors) shall not be used or published without the client’s express written consent.

28.3. Client Use & Restrictions

The client shall not utilise, reproduce, distribute, adapt, or share the confidential information or Intellectual Property of Giava Interiors, or any derivative thereof, without prior written consent.

This includes, but is not limited to:

• Sharing design concepts, drawings, renders, or layouts with third parties for quotation, reproduction, or execution purposes;
  
• Using Giava Interiors’ designs or concepts to brief another designer or contractor; or
  
• Creating derivative works based on Giava Interiors’ original materials.
  

Any unauthorised use or reproduction of Giava Interiors’ Intellectual Property shall constitute a breach of copyright and may result in legal action.

28.4. Confidentiality

All information, ideas, specifications, and design materials shared with the client are provided in confidence and remain the confidential and proprietary property of Giava Interiors.

The client undertakes not to disclose, replicate, or make use of such confidential information except as required for the execution of the approved project.

29. COPYRIGHT

All content included in or made available through the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Giava Interiors or our content suppliers. This material is protected by South African and International copyright laws.

All the content included in or made available through the Website is the exclusive property of Giava Interiors and protected by South African and international copyright laws.

Giava Interiors respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@giavainteriors.com.

30. TRADEMARKS

“Giava Interiors”, our logo and the phrase "Where Luxury Lives" are registered trademarks and protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of this mark is strictly prohibited.

31. OTHER INTELLECTUAL PROPERTY

Giava Interiors is the sole owner or lawful licensee of all the rights and interests of the website www.giavainteriors.com

By using the Website, you agree not to infringe any or all of the title, ownership and intellectual property rights of Giava Interiors.

You further indemnify Giava Interiors to the extent of any breach of intellectual property rights by or through your use of the Website.

Any intellectual property, of any kind, which is delivered, created, adapted, or developed during the course and scope of Giava Interiors rendering the services or providing the products shall be the sole and exclusive property of Giava Interiors, and Giava Interiors shall own and have all right and title in relation thereto. Under no circumstances is Giava Interiors deemed to have sold or otherwise disposed of any its intellectual property to you or any third party.

All rights not otherwise claimed under the Terms or by Giava Interiors are hereby reserved.

32. PROPER USE AND ACCESS

By using the Website, you agree that you will not engage in any activity, either directly or indirectly, which undermines the integrity of the computer systems, networks and/or other electronics of Giava Interiors and/or of other Clients of Giava Interiors.

You further agree that you will not gain and/or attempt to gain unauthorized and/or unlawful access to Giava Interiors’ computer systems and networks and/or all data or information therein.

You agree to use Giava Interiors for your personal use only and shall in no event use any or all the information, text, images, graphics, video clips, sound, directories, files, databases, listings etc. obtained on or through Giava Interiors for commercial purposes of any sort, nor for copying, reproducing, downloading, compiling whether directly, indirectly.

Use of any content on the Website for purposes other than appearing in these Terms is prohibited, unless agreed to in writing by the owner of Giava Interiors.

33. YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account information and password on www.giavainteriors.com. 

You are also responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Adults can purchase products through the Website with a credit card or other permitted payment method.

If you are under 18, you may use Giava Interiors only with involvement of a parent or guardian.

Giava Interiors reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

34. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content.

Giava Interiors reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Giava Interiors a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You grant Giava Interiors and sublicensees the right to use the name that you submit in connection with such content, if they choose to do so.

You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Giava Interiors for all claims resulting from content you supply.

Giava Interiors has the right, but not the obligation, to monitor and edit or remove any activity or content. Giava Interiors takes no responsibility and assumes no liability for any content posted by you or any third party.

35. INDEMNITY

You hereby agree to indemnify and save Giava Interiors, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such your use of Giava Interiors or Services (including, but not limited to the display of your information on the Website) or from your breach of any of the Terms.

You hereby further agree to indemnify and save Giava Interiors, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to information about such third parties and/or any of their goods and/ or services.

You also agree that Giava Interiors is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with you.

Giava Interiors reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Giava Interiors in asserting any available defences.

36. TAXES

Giava Interiors is a registered VAT vendor.

All products on the Website represent the full retail price excluding VAT unless specifically indicated otherwise.

37. GOVERNING LAW & DISPUTE RESOLUTION

These Terms and our relationship and/or any dispute arising from or in connection with these Terms shall be governed and interpreted in accordance with the laws of the Republic of South Africa. 

Your continued use of the Website 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 these Terms.

Rule of construction, in that: if there is ambiguity in the interpretation of this agreement, it shall not be ruled against the party responsible for the drafting of this agreement.

In the event of any dispute arising between you and Giava Interiors, either party shall be entitled to refer any dispute in relation to the subject matter of this Agreement to Arbitration as follows:

The Arbitration shall be held in the town/city of the principal place of business of Giava Interiors;

The Arbitration shall be held within 60 (sixty) days after it has been demanded;

The Arbitration shall be held before an arbitrator which has been mutually agreed upon between the parties, and failing agreement, the arbitrator shall be selected by the Association of Arbitrators;

The parties agree that the decision by the Arbitrator shall be final and binding on all parties and shall be made an order of court, of any court with a competent jurisdiction;

The parties agree that the arbitrator shall be entitled to make an order as to the costs of the arbitration;

The rules of the Association of Arbitrators of Southern Africa (2018 Edition) will be applicable, unless specifically agreed otherwise between the parties in writing.

Any condonation of any breach of any of the provisions hereof or other act or relaxation, indulgence or grace on the part of Giava Interiors shall not in any way operate as or be deemed to be a waiver by Giava Interiors of any rights hereunder, or be construed as a novation thereof.

Each clause of these Terms is severable, the one from the other and if any one or more clauses are found to be invalid or unenforceable, that clause/clauses shall not affect the balance of these Terms, which shall remain of full force and effect.

These Terms together with Giava Interiors’ official quote contains the entire agreement between the parties and any other terms thereof whether express or implied are excluded herein and any variations, cancellations or additions to this contract shall not be of any force or effect unless reduced to writing and signed by the parties or their duly authorised representatives.

38. MISCELLANEOUS

In these Terms, where any provision is qualified by the words “to the extent permitted by law”, Giava Interiors and the Client agree that such provision shall only apply to the extent that the laws of the Republic of South Africa allow same to apply, on the basis that if Giava Interiors is precluded from applying –

any such provision then the terms of such provision which Giava Interiors is precluded from applying shall not apply; or

the full terms of any provision, then such provision shall not apply and shall be severed from these Terms, and the remaining provisions hereof shall be of full force and effect.

Where this agreement refers to a matter being to the "satisfaction" of a party, this means to the satisfaction of that party in its absolute discretion.

A Client must not assign or transfer any of its rights or obligations under this agreement, or attempt to do so, without the prior written consent of each of the other parties.

Giava Interiors is entitled to transfer any rights and obligations to any third parties at its sole and absolute discretion.

A party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that or any other right, power or remedy and failure by a party to exercise, or delay by a party in exercising a right, power or remedy does not prevent its exercise.

Where Giava Interiors incurs any legal costs enforcing its rights or claims against you, in terms hereof or otherwise, it shall be entitled to claim those costs from you or the attorney-and-client scale.

No term or condition of this agreement will be construed adversely to a party solely on the ground that the party was responsible for the preparation of this agreement or that provision.

Each provision of this agreement is individually severable.

If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction it is to be treated as being severed from this agreement in the relevant jurisdiction, but the rest of this agreement will not be affected.

The legality, validity and enforceability of the provision in any other jurisdiction will not be affected.

Waiver or relaxation of any right, power or remedy under this agreement must be in writing signed by the party granting it.

A waiver only affects the particular obligation or breach for which it is given.

It is not an implied waiver of any other obligation or breach or an implied waiver of that obligation or breach on any other occasion.

The fact that a party fails to do, or delays in doing, something the party is entitled to do under this agreement does not amount to a waiver.

You release Giava Interiors (and Giava Interiors’ officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more Clients, or an outside party.

To the extent permitted by law, Giava Interiors is permitted to revise these Terms at any time as it sees fit, without prior notice to a Client, and any revisions will take effect when posted on the Website, unless a later date is stated in the revised Terms.

A Client’s continued use of the Website will be construed as a Client’s consent to the amended or updated Terms, and will be conditional upon the Terms in force at the time of use.

A Client’s only remedy, should such Client not agree to these amended Terms, is to stop the use of the Website.

Should either Giava Interiors or the Client commit a breach of these Terms and fail to remedy such breach within 7 (seven) business days of receipt of written notice requiring the breach to be remedied, then the party giving notice shall be entitled, at its option, either to cancel these Terms and claim damages or alternatively to claim specific performance of all the defaulting party’s obligations, together with damages, if any, whether or not such obligations have fallen due for performance.

In the event of any dispute or difference arising between Giava Interiors and the Client relating to or arising out of these Terms, including the implementation, execution, interpretation, rectification, termination or cancellation of these Terms, Giava Interiors and the Client or any of their designated officials shall upon request by the other meet to attempt to settle such dispute or difference, and failing settlement within a period of 7 (seven) business days from such a request, the said dispute or difference shall on demand by either Giava Interiors or the Client be submitted to arbitration in Johannesburg in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator or arbitrators appointed by the Foundation.

Giava Interiors and the Client irrevocably agree that the decision in any arbitration proceedings: will be binding on both of them; will forthwith be carried into effect; may be made an order of any court of competent jurisdiction.

Nothing herein contained shall be deemed to prevent or prohibit either Giava Interiors or the Client from applying to the appropriate court for urgent relief.

Survival Clauses which out of necessity or by implication herein survive termination of these Seller Terms of Service, shall remain in full and effect despite the termination hereof.

Giava Interiors and the Client choose as their respective citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary in respect of these Terms as follows:

Giava Interiors, 24 Arklow Road, Bryanston, 2191.

Client: the address provided when placing an order.

Any notice given in terms hereof shall be in writing and shall, if delivered via email, on the date of dispatch, if delivered by hand, be deemed to have been duly received by the addressee on the date of delivery; and if delivered by an internationally recognised courier service, be deemed to have been received by the addressee 3 (three) business days after dispatch.

Notwithstanding anything to the contrary contained in these Terms, a written notice or communication actually received by a party from another shall be adequate written notice or communication to such party.

39. DISCLAIMER

The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

Whilst Giava Interiors takes reasonable measures to ensure that the content on the Website is accurate and complete, Giava Interiors makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.

If any such representations or warranties are made by Giava Interiors’ representatives, Giava Interiors shall not be bound thereby.

Giava Interiors disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

Any views or statements made or expressed on the Website are not necessarily the views of Giava Interiors, its directors, employees and/or agents.

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

You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Giava Interiors, its employees, agents or authorised representatives.

Giava Interiors thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

Giava Interiors is not responsible for any remarks, information or other content posted or made available on the Website by any Client, even if such content is defamatory or otherwise legally actionable.

Giava Interiors is not responsible for and does not monitor or censor content for accuracy or reliability (although it reserves the right to remove any content at any time without giving any reason).

40. GLOSSARY

We've used a number of definitions in these Terms to make them easier to read. When any of the following terms are used in these Terms, unless it's very clear that the intention was different, they will have the following meanings:

“Terms” means the Standard Terms and Conditions as outlined in this document;

“Giava Interiors” means, Giava Interiors (PTY) Ltd, Registration Number: 2019/114099/07

“Client” means any person who orders or purchases goods or services from Giava Interiors, and shall include its agents, employees, administrators, assigns, trustees, curators, representatives and executors;

“Giava Interiors Community” means you and anyone else who is eligible and agrees to be bound by these Terms & Conditions;

"The Parties" means Giava Interiors and the client;

“Business Day” means any day in the Republic of South Africa, other than a Saturday, Sunday or public holiday;

“Account” means a Client’s account, as a Client, as the case may be, on www.giavainteriors.com, which is associated with a Client’s Profile, their communications using the Website and all transactions and interactions on the Website;

“Website” means all the pages available on www.giavainteriors.com;

“Manufacturer” means Giava Interiors’ suppliers;

“Retail Price” means the price including VAT (but excluding delivery and/or installation) on www.giavainteriors.com;

“Goods/products” used interchangeably, and can refer to any items, goods, products, furniture, artworks, or construction materials including stock items and or special-order goods;

“Stock items” means ready-made goods that are purchased directly from the Website and generally shipped within 2-5 business days. 

“Special order goods” means products that are made to order (including custom orders or personalised items)

“Services” means any services provided by Giava Interiors as well as its independent subcontractors, with expertise in Interiors design, generation or adaption of Interiors design intellectual property, creation of designs or artwork, construction or renovation to movable or immovable property, or services in respect of acquisition, sale, or installation of goods.

“Credit Event”, in respect of you the Client, when:

an order or declaration is made for the administration, custodianship, bankruptcy, liquidation, sequestration, winding-up, dissolution or placing under supervision for business rescue proceedings (and whether provisional or final);

you are unable (or admits inability) to pay your debts generally as they fall due or are otherwise insolvent;

you commit any act which, if such act was committed by an individual, would be an act of insolvency within the meaning of section 8 of the Insolvency Act No 24 of 1936 or any equivalent legislation in any jurisdiction to which such person is subject;

you cease to carry on business;

you fail to satisfy any judgment awarded against you within 5 (five) business days;

you fail to pay Giava Interiors any amount owing to it.

41. CONTACT INFORMATION

Please direct any questions about these Terms or any aspect of our service to info@giavainteriors.com. We are here to help.