These Terms and Conditions of Sale record the sole agreement between the parties. If there are any terms which are not understood, please ask for a written explanation thereof.

  1. Quotations:
    • Shall be valid for:
      • 30 days from the date of the quotation, or
      • in respect of promotional offers, for the duration of the promotional period.
      • whereafter they shall automatically lapse.
    • Bakos Brothers reserve the right to discontinue promotional offers at their total discretion and without prior notice.
    • It is the Client’s responsibility to ensure the correctness of all information on the quotation including but not limited to the item quoted, choice of the material/fabric to be used, quantity required, and any other specific requirement in respect of the items.
  2. Agreement of Sale:
    by signing the Quotation in respect of the various items set out thereon, the Client:

    • confirms the correctness of the items ordered in all respects, and
    • concludes an agreement of sale in respect thereof, and
    • consents to these Terms and Conditions of Sale become immediately binding on the parties.
  1. Non-Refundable Deposit:
    • No order for items shall be processed until such time as the Quotation has been accepted and signed by the client, concluding the agreement of sale, and a deposit in the amount of 50% of the total quotation value, including VAT, has been received by Bakos Brothers. The Client shall be able to make part payments in respect of the deposit, but no order shall be processed until 50% has been paid.
    • All deposits shall be unconditionally non-refundable, except as set out in clause 11.2 below.
    • The Client shall have no claim against Bakos Brothers for interest or unjust enrichment or any similar claims in respect of deposits.
  2. No Return, No Exchange and No Refund Policy:
    • The Client acknowledges that the items have been made to their specific specifications as set out on the Quotation, and accordingly are of a bespoke nature.
    • Accordingly no items shall be accepted back for return, exchange or refund, unless in terms of a warranty claim, as set out in Clause 12.
    • It is the Client’s responsibility to ensure, before entering into the agreement that they:
      • understand and accept the disclaimers in respect of the appearance of all natural products used in the manufacture of the items, as set out in clause 9.3 below;
      • have measured the space in which the items are intended to be placed, and according to the exact measurements, dimensions and sizes of the items as provided to the Client by Bakos Brothers, accept that the items will fit in the designated space;
      • have determined that the items will be able to be moved into the space, through doors or access points.
  1. Terms of Payment:
    • 50% of the full purchase price, including VAT, shall be paid as a non-refundable deposit.
    • The full outstanding balance of the order, including VAT, shall be paid, without deduction or set-off, prior to delivery of the items.
    • A certificate of balance at the hand of any authorised officer of Bakos Brothers shall be prima facie evidence of the amount due by the Client to Bakos Brothers. Bakos Brothers shall not be required to prove the authority of such officer to issue such certificate.
    • Payments shall only be accepted as made when the amount paid reflects in Bakos Brothers bank account.
    • All payments shall be made by way of Electronic Funds Transfer or by direct deposit into Bakos Brothers’ designated bank account.
    • In the event of cash deposits, Bakos Brothers reserves the right to charge the Client the relevant bank fees charged by the Bank.
    • Any amount not paid by the Client when it becomes due and payable shall incur an interest charge on the outstanding balance at the rate of 3% above Bakos Brother’s banker’s commercial prime interest rate, which shall be calculated from the date on which the payment was due until the date of final payment thereof.
    • Cheque payments shall only be considered to have been paid once the funds have been cleared and appear in Bakos Brothers’ bank account, which may take up to 7 working days.
    • In respect of any cash or other payments, whether such payment is in South African Rand or any other foreign currency, Bakos Brothers shall comply with the reporting requirements of the Financial Intelligence Centre Act, in respect thereof, where applicable.
  2. Delivery Date:
    • The lead-time for the delivery of the ordered items will be set out on the Quotation, and Bakos Brothers shall endeavour to deliver on or before the agreed date.
    • In the event that, due to circumstances beyond the control of Bakos Brothers, including but not limited to instances of power interruptions, strikes, riots, lock-outs and natural disasters, Bakos Brothers is not able to meet the agreed delivery date, the Client shall be contacted and an alternative delivery date agreed.
    • The Client shall not be entitled to cancel this agreement due to the failure of Bakos Brothers to deliver by the agreed delivery date.
    • The Client shall be notified of the “Confirmed Delivery Date” as soon as all ordered items are available to be delivered.
  3. Delivery Terms:
    • All delivery shall be charged for at the rate agreed to on the Quotation, or thereafter between the parties;
    • No delivery of the items shall be made until such time as all amounts due to Bakos Brothers have been paid by the Client, including the cost of the items as per the Quotation, the delivery charge and any interest that may have accrued.
    • All deliveries shall be made between the hours of 09h30 and 15h30 on weekdays, and 09h30 and 12h30 on Saturdays. No deliveries will be made on Sundays, public holidays or after hours.
    • All deliveries shall be made by prior arrangement with the Client. In the event that delivery cannot be effected on arranged date due to the non-availability of the Client, the Client shall be liable for an additional delivery fee for any subsequent delivery.
    • The Client, or person taking delivery of the items on behalf of the Client, shall be required to sign a Proof of Delivery Note (“PoD”), and unless it is indicated to the contrary on the PoD, the Client acknowledges that the items have been delivered and received in good condition and in accordance with the Client’s specific requirements, as set out on the Quotation.
    • It is the Client’s responsibility to inspect the items on delivery.
    • The Client is required to ensure that the place of delivery is accessible and that the items to be delivered can fit into lifts, staircases or through doors and that all of the relevant areas have been cleared prior to delivery. This specifically includes any breakables. Neither Bakos Brothers, nor any of its Employees or Agents shall be held liable for any damages occurring during the delivery of the items, howsoever arising.
    • All hoisting and fitting of wall mounted items will be for the Client’s expense and shall be done by the Client’s appointed agent. This includes any windows, doors or other access points that may need to be removed.
    • In the event that the Client requires Bakos Brothers, or its Employees or Agents, to assist with the assembly and/or installation of any items, the Client shall sign the requisite Assembly and Installation Agreement in respect thereof.
    • All risk in and to the items shall pass to the client once delivery thereof is made, and Bakos Brothers shall not be liable for any damage that may occur, howsoever arising, after the items have been delivered to and accepted by the Client or the Client’s Agent.
  4. Collection:
    • In the event that the Client elects to collect the ordered items when the Client’s order is completed, the Client shall only be entitled to collect the items by prior arrangement with Bakos Brothers.
    • The items shall only be released for collection upon receipt all amounts due to Bakos Brothers, including the cost of the items as per the Quotation, the delivery charge and any interest that may have accrued.
    • The Client, or person collecting the items on behalf of the Client, shall be required to produce the original signed quotation in respect of the items, and upon production thereof, shall be deemed to be the authorised agent of the Client.
    • The Client, or person collecting the items on behalf of the Client, shall be required to sign a Proof of Delivery Note (“PoD”), and unless it is indicated to the contrary on the PoD, the Client acknowledges that the items have been collected and received in good condition and in accordance with the Client’s specific requirements, as set out on the Quotation.
    • All risk in and to the items shall pass to the client once they are collected, and Bakos Brothers shall not be liable for any damage that may occur after the items have been collected and accepted by the Client or the Client’s Agent.
  5. Condition of Goods:
    • Bakos Brothers warrant that the characteristics and capabilities of the items will be substantially the same as advertised or displayed, subject to the Client’s specific requirements, but make no other warranties or representations in respect of the items.
    • Bakos Brothers shall not be liable for any damage to the items, following their delivery/collection arising from the wear and tear, moving, negligence, mishandling, disassembling or alteration of the items.
    • The Client acknowledges and understands that all natural products used in the items may, by their very nature, vary in the look and feel sample or demonstration items, and Bakos Brothers cannot warrant the uniformity of texture and/or colour thereof and accordingly the Client has duly signed the “Customers Acknowledgment for all Suede, Leather, Wood and Other Natural Products”.
  6. Storage:
    • All items shall be stored for a maximum period of 30 days from the Confirmed Delivery Date at no cost, until delivery/collection of the items is arranged with the Client, whereafter the Client shall be charged a monthly storage fee, calculated at 5% per month, or pro-rata for part of a month, of the Total Purchase Price.
  7. Cancellation:
    • The client shall not be entitled to cancel any order for the items in terms of section 20(3)(b) of the Consumer Protection Act, given that they have been made to the specific requirements of the Client in terms of the Quotation.
    • Only in the event that Bakos Brothers is in breach of any of their material obligations in terms of this agreement, the Client shall be entitled to cancel the order, which shall be communicated in writing, and which shall be subject to Bakos Brothers’ right to charge a cancellation fee in the amount of 25% of the total value of the order including VAT, which the Client acknowledges and accepts is a reasonable charge given the bespoke nature of the items. Any refund due to the Client following the deduction of the cancellation fee from the deposit held may take up to 21 days for Bakos Brothers to process after approval.
    • Bakos Brothers reserve the right to cancel the Client’s order and sell any items not delivered or collected with three months of the Confirmed Delivery Date as clearance items. The Client shall remain liable to Bakos Brothers for any shortfall between the nett value of the items (being the total value of the items plus interest and storage less the deposit amount) and the amount that the items are subsequently sold for as clearance items. The Client shall have no claim against Bakos Brothers for any surplus. The Client shall have no right to the refund of the deposit amount held.
  • Warranties:
    • Bakos Brothers shall honour the warranty on any item as set out below, subject to the following:
      • the defect must have existed in the product at the time of delivery and manifested during the relevant warranty period;
      • the defect did not arise due to normal wear and tear, or the misuse, abuse or neglect of the item;
      • the disclaimer in respect of the natural characteristics of all natural products used in the manufacture of the items;
      • the item has only been used for the purpose for which it was intended, in a domestic environment. Commercial use of an item must be specifically recorded and agreed to by Bakos Brothers;
      • the Client has duly complied with the care and maintenance instructions provided with the items;
      • the Client has not altered or modified the items.
    • Bakos Brothers warrants that all items, excluding clearance and shop-soiled items, are free from defects and are of a quality that the Client is reasonably entitled to expect from the items. All such items are warranted against faulty materials (subject to the disclaimers in respect of all natural materials) and workmanship for a period of 2 years.
    • In respect of all clearance items and shop-soiled items, which shall be marked accordingly, the Client acknowledges and understands that they are sold on an “as-is” and “voets-toots” basis, and Bakos Brothers make no warranties in respect thereof other than that the items are suitable for their intended purpose and are of a quality to be reasonably expected from clearance and/or shop-soiled items.