Terms & Conditions

Online shopping at The Ugly Duckling is a convenient way of browsing our product range, placing orders and making payments. We sincerely hope that this site provides you with the functionality and ease of use that you would expect.

If you are dissatisfied with any aspect of this site or experience any problems with this site please send an email to info@theuglyduckling.co.za and we will endeavour to resolve your problem.

ACCESSING ANY PAGES ON THIS WEBSITE IMPLIES THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF USE OF THIS WEBSITE.

The Ugly Duckling and its affiliates provide their services to you subject to the following conditions.

 Your use of this site indicates your acceptance of these terms and your agreement to follow and be bound by them.

 You may only use this website for lawful purposes and you warrant that you will not, other than for your personal and non-commercial use, store on your computer, or print copies of extracts from this website.

 You may not, other than for your personal and non-commercial use, “mirror” or cache information provided via this website on your own server, or copy, adapt, modify or re-use the text or graphics from this website without prior written permission from The Ugly Duckling.

These terms and conditions may change
We may periodically change the terms and conditions of use of this website without notice, so kindly check them from time to time as your continued use of the site signifies your acceptance of any changed terms.

Copyright Notice
The content on this website, including all of the page headers, Images, illustrations, graphics, audio clips, video clips and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by The Ugly Duckling and protected by South African and international copyright laws. The compilation of all content on this site is the exclusive property of Uvinza (Pty) Ltd (‘The Ugly Duckling’) and protected by South African and international copyright laws. All software used on this site is the property of The Ugly Duckling or its software suppliers and protected by South African and international copyright laws. The Ugly Duckling grants you permission to view electronically, copy and print in hard copy portions of the site for the sole purpose of browsing the site for your personal use only. Any other use of materials on the site, including a reproduction for purposes other than those noted above, modification, distribution or reproduction, without the prior written consent of The Ugly Duckling and the lawful trademark and/or copyright owner (if applicable) is strictly prohibited and constitutes an unlawful infringement of the intellectual property rights of The Ugly Duckling and/or such trademark and/or copyright owner.

Prices
The prices displayed on this site are quoted in South African Rands inclusive of Value Added Taxation (‘VAT’) and are valid and effective only in South Africa. Prices are subject to change and confirmation by The Ugly Duckling Rosetta Main Branch – 033 267 7263. Products and prices displayed on this site may vary from time to time and are subject to availability. The Ugly Duckling or its agents shall in no way be held responsible for any errors or misstatements emanating from this website. Except where noted otherwise, the prices displayed on our website for our products represent the full retail list price of the product itself, including VAT. Despite our best efforts, a small number of the items may be incorrectly priced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Disclaimer
This site and all contents of this site are provided on a voetstoets “as is” basis without warranties of any kind, either express or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this site, that your use of this site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that The Ugly Duckling shall not be liable for any damages of any kind related to your use of this site. We make no representations or warranties, whether express or implied, and assume no liability or responsibility for the proper performance of this website and/or the accuracy of the data contained on the website, and your use of the website and the data is thus at your own risk. In particular we make no warranty that the website or the data will meet your requirements, be uninterrupted, complete, timely, and secure or error free. This site may contain hyper-links to third party sites. The Ugly Duckling is not responsible for the content of, or the services offered by or data contained on those sites. Any hyper-links are provided solely for your convenience and should not be construed as an express or implied endorsement by us of the sites or the data, products or services provided on the linked websites. You accessing of those sites and use their products, data and services solely at your own risk and subject to the website owners’ terms and conditions. Colours viewed on computers vary from one computer to the next and may also differ from the actual colour of the item displayed in The Ugly Duckling store showrooms. Customers are responsible for ensuring that the colour of the items as viewed in the The Ugly Duckling store showrooms is acceptably close to the colour as viewed on their computer or not.

Indemnification
You agree to defend, indemnify and hold The Ugly Duckling harmless from and against any and all claims, damages, costs and expenses, including direct, indirect, special or consequential damages, attorney’s fees, arising from or related to your use of the site. Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither The Ugly Duckling nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of The Ugly Duckling and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.

Electronic Communications
You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Trademarks
The Ugly Duckling, and other The Ugly Duckling graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of The Ugly Duckling in South Africa. The Ugly Duckling’s trademarks and trade dress may not be used in connection with any product or service that is not The Ugly Duckling’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits The Ugly Duckling. All other trademarks not owned by The Ugly Duckling or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Ugly Duckling or its affiliates.

License and Site access
The Ugly Duckling grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of The Ugly Duckling. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of The Ugly Duckling. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including Images, text, page layout, or form) of The Ugly Duckling and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing The Ugly Duckling’s name or trademarks without the express written consent of The Ugly Duckling. Any unauthorized use terminates the permission or license granted by The Ugly Duckling. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of The Ugly Duckling so long as the link does not portray The Ugly Duckling, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any The Ugly Duckling logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account
The Ugly Duckling grants you a limited license to access and make personal use of this site If you use this site, you are responsible for maintaining the accuracy of your profile and the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Ugly Duckling and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Reviews, Comments, Communications and Other Content
Visitors may post reviews, comments, and other content; send e-cards and other communications; 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 a card or other content. The Ugly Duckling 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 The Ugly Duckling and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable 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 The Ugly Duckling and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of 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 The Ugly Duckling or its affiliates for all claims resulting from content you supply. The Ugly Duckling has the right but not the obligation to monitor and edit or remove any activity or content. The Ugly Duckling takes no responsibility and assumes no liability for any content posted by you or any third party.

Risk of Loss
Customers who elect to collect from The Ugly Duckling’s premises unconditionally agree and accept that the risk of loss and title for such items passes to you at the time of collection by you or your appointed agent. The risk of loss and title passes to you, the customer, upon delivery as evidenced by the signature of the person taking delivery, on our copy of the invoice.

Return Policy
All merchandise displayed and sold by The Ugly Duckling is subject to stringent quality control standards. Should a customer not be satisfied with any product received within 7 days from date of receipt, The Ugly Duckling will endeavour to repair or replace the item in question. If within a reasonable time period The Ugly Duckling is unable to repair or replace the item a full refund of all monies paid will be made.

Delivery Policy
The delivery lead time quoted to you at the time of order is an at best estimate of the delivery date. Whilst every effort is made at all times to achieve this date, it does happen from time to time that delays are encountered that are often outside of our control. The Ugly Duckling will make every effort to expedite delayed lead times and will make every effort to ensure that the customer is updated on the progress of the order.

Applicable Law
Prevailing South African law will govern these Conditions of Use and any dispute of any sort that might arise between you and The Ugly Duckling or its affiliates.

Disputes
Any dispute relating in any way to your visit to The Ugly Duckling or www.theuglyduckling.co.za or to products you purchase through The Ugly Duckling shall be submitted to confidential arbitration by law, except that, to the extent you have in any manner violated or threatened to violate The Ugly Duckling’s intellectual property rights, The Ugly Duckling may seek injunctive or other appropriate relief in any court within South Africa, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement.

Site Policies, Modification and Severability
Please review any other policies posted on this site. These policies also govern your visit to The Ugly Duckling. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Contact Us
For any further information please refer to the CONTACT US page of the website or call (033) 267 7263.

To remove yourself from our databases
If you would like to be removed from our list of registered users, or would like to be removed from any service or newsletter to which you have subscribed, please send an e-mail to: info@theuglyduckling.co.za

Sharing Information
The Ugly Duckling will not share, sell, transfer or disclose your personal information with any other company or person without your consent.

Intellectual Property Rights
You acknowledge that we own the intellectual property rights in and to this website and the data, and that the unauthorized use thereof is expressly prohibited. The word or mark “The Ugly Duckling” however represented, including stylized representation, all associated logos and symbols and combinations of any of the foregoing with another word or mark, used on this site, are the trademarks of The Ugly Duckling.

Colours
The colours of our products shown on this website may look different on your computer compared with the colour of the actual product. This is because different computers display colours differently depending on the type of computer screen (LCD, plasma, desktop, laptop etc). For this reason it is strongly recommended that you visit one of our showrooms to see the actual colour of the item. The Ugly Duckling cannot be held responsible for any mistakes in ordering items whose actual colour is different from that appearing on the website as viewed on your computer.

Sales Terms and Conditions
The following Terms and Conditions regulate the customer order at Uvinza (Pty) Ltd as ‘The Ugly Duckling’.

  • We will endeavour to deliver on the date and time advised. While we are committed to deliver on time, the actual delivery date is subject to prevailing circumstances and may be subject to variation.
  • Ownership of the goods will rest with The Ugly Duckling until payment has been received in full. Payment of the full value of the order is required before The Ugly Duckling will delivery or before we can authorize collection.
  • If after 30 days of notification by The Ugly Duckling Head Office that your goods are ready for delivery, you as the customer fail to make final payment, The Ugly Duckling reserves the right to sell them to defray expenses.
  • Orders placed are irrevocable once a deposit has been paid. In the event of The Ugly Duckling agreeing to refund monies paid either prior to or post delivery due to circumstances unrelated to product quality or lead times, and If The Ugly Duckling agrees to accept return of any goods, the Customer will be liable for a 10% handling charge calculated on the purchase price of those goods. The onus of proof of return and proof of purchase rests with the customer at all times.
  • Sale items are sold voetstoets and cannot be exchanged or returned.
  • Delivery Policy:
    • Deliveries will be supplied by The Ugly Duckling subject to your address being within our designated delivery zones and you will be charged accordingly on your invoice.
    • Deliveries will be available from Tuesday to Saturday
    • For deliveries outside our designated zones, you will be contacted by our Rosetta Main branch staff to confirm delivery price and delivery instructions.
    • For collection of goods from the The Ugly Duckling stores, prior arrangement and acknowledgement is essential prior to such collection.

Please note that no goods will be given to outside transporters unless The Ugly Duckling has been paid in full for such goods. Proof of payment in full must be on hand for any goods to be released. In the event of outside contractors collecting on behalf of a customer, The Ugly Duckling may in addition to proof of payment in full, contact the customer to confirm proceedings.

  • To ensure a smooth and timely delivery of The Ugly Duckling goods, please make sure that you clear the room(s) in advance where your new goods are to be located prior to the delivery service arriving. The Customer must remove all breakable items in the path of the delivery. The Ugly Duckling delivery crew are not permitted to re-arrange Customers’ furniture. The Ugly Duckling delivery crew team will place the goods delivered in the place of the Customer’s choice. Items delivered will be unwrapped on site and the packing and wrapping material removed if so required. The delivery crew is not permitted to uplift or take away with them any unwanted items of furniture or items not designated for removal previously with the Rosetta Main branch. It is in the customers’ own interests that all loose items of value be removed from the delivery site and that in addition pets be secured in a safe location away from the crew and delivery site. The Ugly Duckling cannot be held responsible for any items claimed to be missing following a delivery. Breakables such as glasses, vases, wall mountings etc must be secured or removed from the delivery site. The Ugly Duckling cannot be held responsible for any items claimed to be missing following a delivery.
  • The Ugly Duckling delivery policy for flats and small apartments. The maximum furniture length that can be fitted into an elevator cannot exceed 2.2m. If the flat or apartment does not have a suitable lift for the furniture, then the. The Ugly Duckling delivery team will only be allowed to carry the items up to 3 floors in height, providing the passages are wide enough to accommodate the items without any damages to the goods. The Ugly Duckling delivery teams are not equipped to hoist goods over balconies. The Ugly Duckling shall not be responsible for any damage whatsoever whether direct or consequential rising out of the use of the goods or in respect of any late or short delivery.
  • The Ugly Duckling furnishes with its goods, its standard guarantees only and no other guarantees, warranties or representations of whatsoever nature will be made to the Customer by The Ugly Duckling in respect of such goods.
  • Payments made by EFT (Electronic funds Transfer) require a 48 hour period to clear funds and allocate them to the orders.
  • The Ugly Duckling does not accept payment by cheque because of the high risk of fraud prevalent in South Africa.
    RCS is a registered credit provider in terms of the NCA. NCRCP 38 and FSP 44481