Terms & Conditions

Introduction

These General Terms & Conditions of Sale (“Terms”) govern all quotations, sales, manufacturing, custom orders, deliveries, installations, collections, and related transactions with Birthmark Interiors (Pty) Ltd (“Birthmark”, “we”, “us”, “our”).
By placing an order, making payment, or accepting delivery, the customer agrees  to be legally bound by these Terms.

These Terms must be read together with:

Shipping & Delivery Policy
Returns, Exchanges & Repairs Policy
Warranty & Care Manual
Website Terms & Conditions
Privacy Policy

In the event of conflict, statutory rights under the Consumer Protection Act, 2008 prevail.

Products & Manufacturing

Birthmark designs, manufactures, and sells furniture including but not imited to:

Bed sets and bed frames
Headboards
Sofas and couches
Ottomans
Mirrors
Tables and cabinets
Motion furniture
Mattresses
Accessories

Products are manufactured:

In-house; and/or
Through approved production partners under Birthmark quality standards.

All products are subject to availability and formal order confirmation.

Product Variations & Natural Materials

Due to the nature of furniture manufacturing and natural materials:

Minor stitching variations may occur
Fabric dye lots may vary slightly
Natural wood grain and movement may vary
Leather markings, wrinkles, and grain variations are inherent, and
only add to the beauty and uniqueness of an item
Measurements may vary within ±1–2cm allowance

Such variations are normal characteristics and are not considered defects.

Quotations & Validity

Quotations are valid for 7–14 days unless otherwise stated in writing.
All prices are quoted in South African Rand (ZAR).
Delivery and installation fees are quoted separately unless stated as included.
Birthmark reserves the right to correct pricing errors prior to order confirmation.

An order becomes legally binding only once payment has been received and confirmed in writing.

Payment Terms

In-Stock Items

Full payment is required to secure and release stock.
Stock allocation is on a first-come, first-served basis.

Made-to-Order (MTO) Items

A minimum 50% deposit is required to commence production.
The balance must be settled prior to dispatch or collection.
Production will begin only once cleared funds are received.
In certain cases, full upfront payment may be required.

Failure to settle the outstanding balance may result in delivery delays and/or storage fees.

Custom & Made-to-order products

Custom or Made-to-Order products include items manufactured according to  customer-selected:

Fabric
Colour
Size
Design specifications

Once production has commenced:

Orders may not be cancelled.
Deposits are non-refundable, unless cancellation arises from confirmed manufacturing defect or breach by Birthmark.

Custom products are excluded from voluntary return policies but remain protected under statutory defect rights.

Lead Times

In-Stock Items
Delivery arranged within 3–7 working days after payment confirmation.

Made-to-Order Items
Estimated production time frame: 4–6 weeks.

Lead times are estimates only and may vary due to:

Supplier delays
Material shortages
Load shedding
Public holidays
Force majeure events

Birthmark will make reasonable efforts to meet estimated timelines but does not guarantee specific completion dates.

Delivery & Installation

Delivery and installation are governed by the Shipping & Delivery Policy.

Customers must:

Ensure suitable access for large furniture items
Confirm dimensions prior to order
Provide accurate delivery details

Birthmark is not liable where:

Furniture cannot fit through access points
Delivery fails due to customer-related access constraints

Risk transfers upon delivery and acceptance. Installation sign-off confirms satisfactory completion, subject to statutory defect protections.

Collection

Customers collecting goods must:

Inspect goods prior to leaving the premises
Ensure suitable and secure transport

Risk transfers upon collection.
Birthmark is not responsible for damage occurring after collection.

Storage

If goods are not collected or delivery is not accepted within 7 days of completion notice:

Storage fees may apply
Full outstanding payment remains due

Birthmark reserves the right, after reasonable notice, to cancel the order and retain deposits where goods remain uncollected.

Returns & Defects

Returns and defect claims are governed by the Returns Policy and the Consumer Protection Act. All goods carry a 6-month implied statutory warranty against defects.

Within 6 months of delivery:

The customer may choose to repair, opt for a replacement, or refund if a defect is confirmed.
Reporting visible defects within 7 days assists prompt resolution, but does not limit statutory rights.
Custom products remain covered for manufacturing defects.

Extended Warranty

In addition to statutory rights, Birthmark provides the following extended warranty coverage for residential use:

10-Year structural frame warranty
2-Year warranty on foam and fibre fillings
2-Year warranty on stitching and seams
2-Year warranty on webbing and springs
2-Year warranty on craftsmanship and workmanship
2-Year warranty on motion mechanisms and motors (where applicable)

Extended warranty terms are detailed in the Warranty & Care Manual.
After the initial 6-month statutory period, repair shall be the primary remedy under extended warranty, unless otherwise required by law.

Lay-by

Available on selected in-stock items only
Minimum 30% non-refundable deposit required
Balance payable within 60 days unless otherwise agreed
Failure to complete payment may result in cancellation and forfeiture of deposit

Goods are released only upon full payment clearance.

Customer-Supplied Materials

Where customers supply fabric or materials:

Suitability must be approved in writing prior to production
Birthmark is not liable for defects, shortages, or performance of customer-supplied materials
Additional labour charges may apply

Photography & Marketing

Birthmark reserves the right to photograph completed products for marketing purposes.
No personal identifying information will be published without consent.
Customers may object in writing prior to delivery.
All product designs, images, and marketing materials remain the intellectual property of Birthmark.

Limitation of Liability

To the extent permitted by law, Birthmark shall not be liable for:
Indirect or consequential damages
Loss of income
Loss of business
Secondary damages arising after delivery

Nothing in these Terms excludes liability for:

Gross negligence
Personal injury
Death
Any liability that may not legally be excluded

Force Majeure

Birthmark shall not be liable for delays or failure to perform due to events beyond reasonable control including:

Load shedding
Strikes
Supplier failures
Government restrictions
Natural disasters

Timeframes shall be reasonably extended.

Dispute Resolution

Parties agree to attempt amicable resolution in good faith.

If unresolved:

The matter may be referred to mediation.
Failing mediation, disputes shall be resolved in South African courts.

Nothing limits statutory consumer complaint rights.

Privacy & Data Protection

Customer information is processed in accordance with the Protection of Personal Information Act and Birthmark’s Privacy Policy.

Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in full force.

Acceptance of Terms of Use of Website

By accessing this website, requesting a quotation, placing an order, or making payment, you agree to be bound by these Website Terms & Conditions.

These Terms apply to:

Website browsing
Quotations
Online purchases
Custom and made-to-order products
Delivery and installation services
Commercial and residential transactions

If you do not agree, you must discontinue use of this website.

Use of website

You agree not to:

Misuse the website
Attempt unauthorised access
Interfere with website security
Introduce malicious code
Copy, reproduce, or distribute intellectual property without permission

Birthmark reserves the right to suspend or terminate access for unlawful or abusive conduct.

Intellectual Property

All content on this website, including but not limited to:

Furniture designs
Product renders
Custom styles
Website images
Branding
Logos
Layout and design

Custom design drawings and manufacturing specifications remain Birthmark’s intellectual property unless otherwise agreed in writing.

Amendments

Birthmark may update these Terms from time to time.