These Terms of Service (“Terms”) govern your use of the Website and the purchase of Goods from us. By using our Website, you agree to comply with these Terms.
1.1 The websites located at sleepsport.com.na and sleepsport.online (the “Website”) are owned and operated by Ukusiza Retail Investments cc t/a SleepSport (hereinafter referred to as “SleepSport”, “we”, “our” or “us”). These Terms form a binding contract between us and you, the User.
1.2 These Terms apply to any User who accesses, refers to, views, or downloads any information or material made available on the Website (hereinafter referred to as “User”, “you”, or “your”).
1.3 Your continued access to or use of the Website signifies your acceptance of these Terms. If you do not agree to these Terms, you may not use the Website.
1.4 We may modify these Terms from time to time. Any changes will take effect immediately upon posting on the Website, and your continued use will constitute acceptance of those changes.
2.1 “User” refers to any individual or entity that accesses the Website and may also be the Purchaser, if an order for goods is placed.
2.2 “Goods” means all products available for purchase on the Website.
2.3 “Services” means the services provided by us through the Website.
2.4 “Party” or “Parties” refers to either SleepSport or the User, as the context implies.
2.5 “Personal Information” refers to any personal data collected from the User, as described in our Privacy Policy.
2.6 “Purchaser” refers to the person or entity responsible for the payment of Goods.
3.1 Subject to your acceptance of these Terms, we grant you a limited, revocable, non-transferable license to access and use the Website in accordance with these Terms.
4.1 The Website enables you to shop for and purchase Goods for delivery.
5.1 It is the User’s responsibility to ensure that all contact details and addresses are recorded accurately. SleepSport is not liable for any issues arising from incorrect information provided by the User.
5.2 We reserve the right to refuse or cancel orders at our discretion, particularly in cases of suspected fraud or if the User has a history of problematic transactions.
5.3 If a User purchases Goods that are out of stock or discontinued, we will make reasonable efforts to provide a similar item within the same price range or issue a refund.
6.1 The price of the Goods listed on the Website includes delivery costs, except for scheduled or special delivery, which will incur additional charges.
6.2 All prices are stated in Namibian Dollars (NAD).
6.3 While we strive to ensure that prices displayed on the Website are accurate, we are not liable for any errors in pricing or any resulting claims or expenses.
7.1 We are committed to providing secure online payment options. All transactions are encrypted with appropriate security measures.
7.2 Payment methods include:
7.2.1 Card Payments: Debit and credit card payments are processed through a secure payment gateway. Additional information may be required for verification. We reserve the right to withhold delivery until authorization is confirmed. If authorization is not obtained, your order will be canceled. You affirm that you are authorized to use the card for payment and that sufficient funds are available.
7.2.2 Electronic Funds Transfer (EFT): Payments must be completed within five (5) Business Days. Orders will not be processed until payment is confirmed.
7.2.3 Mobicred: Users can opt to use Mobicred for flexible payment solutions at checkout.
7.2.4 Adumo Online (Pty) Ltd.
7.3 Upon selecting a payment method (excluding Bank Transfer), you will be directed to a secure site or app for payment.
7.4 Goods will be dispatched for delivery only after payment is confirmed.
7.5 If, after payment, we cannot fulfill the order due to stock issues or other uncontrollable circumstances, a full refund will be processed within seven (7) days.
8.1 We may, at our discretion, offer discount coupons or promotions for certain Goods.
8.1.1 To redeem a coupon code, the following conditions apply:
8.1.1.1 It must be used in full for each order; multiple codes cannot be combined.
8.1.1.2 Coupons cannot be applied if an order does not include a mattress.
8.1.1.3 Expired coupons cannot be replaced.
8.1.1.4 Coupons cannot be exchanged for cash.
8.1.1.5 Coupons are non-transferable and cannot be split across multiple orders.
8.1.2 Goods received through promotions cannot be exchanged or returned for a cash refund and must be returned if the primary purchase is returned.
9.1 We will arrange delivery of Goods through a selected courier service.
9.2 Scheduled or express delivery is available for a non-refundable fee of NAD 350.00 and may change.
9.3 Goods will be delivered to the address specified by the Purchaser.
9.4 Tracking information will be provided for order tracking.
9.5 Delivery will occur as soon as possible after payment confirmation and based on the stock on hand. Standard delivery estimates are 1-7 Business Days, while scheduled and express deliveries will be communicated at purchase, though they are not guaranteed.
9.6 Users changing the delivery address post-dispatch are responsible for any resulting delays.
9.7 In case of delivery delays beyond our control, the Purchaser may cancel the order within three (3) Business Days of placing an order and receive a refund.
9.8 We are not liable for any losses incurred due to delivery delays.
9.9 The delivery service is responsible only for delivering Goods to the specified address; it does not guarantee direct delivery to the User.
9.10 Set-up or placement of Goods during delivery is not included in our services.
9.11 Our obligation is fulfilled once the Goods are delivered to the specified address, after which we are not liable for loss or misuse of the Goods.
10.1 Users may utilize a 100-night Trial Period for the SleepSport Original Mattress, counted from the delivery date, under the following conditions:
10.1.1 Returns will not be accepted after the Trial Period ends.
10.1.2 Returns are only accepted after the 60th night but before the 100th night.
10.1.3 We will cover return shipping costs for the SleepSport Original Mattress.
10.1.4 A full refund will be issued using the same payment method within seven (7) days after the collection confirmation, contingent on the return of all original items. Failure to return all items will void the refund.
10.1.5 Users who have previously returned a SleepSport Original Mattress during the Trial Period may not be eligible for another return.
10.1.6 The Trial Period applies to one SleepSport Original Mattress per User.
10.1.7 The Trial Period is non-transferable and linked to the original Purchaser and delivery address.
10.1.8 Refunds may be denied if the mattress is damaged in any way, including:
10.1.8.1 Burns;
10.1.8.2 Cuts;
10.1.8.3 Tears;
10.1.8.4 Water or bodily fluid stains;
10.1.8.5 Other markings or excessive wear.
10.1.9 The Trial Period will be suspended if a mattress is returned for exchange and will resume from the day the new mattress is received.
10.2 Users wishing to return a SleepSport Original Mattress during the Trial Period must contact us at info@sleepsport.com.na to arrange the return and receive packing instructions.
10.3 While we aim for collection within five (5) Business Days, it may take up to ten (10) Business Days in some cases.
11.1 If you are not satisfied with your purchase, you may return Goods within seven (7) days of receipt, provided they are unopened and in original packaging for a full refund. A 10% service fee applies to opened but unused Goods.
11.2 Users with outstanding payments will not be eligible for free returns.
11.3 Returns for defective Goods will be handled as per clause 12.
12.1 All SleepSport Original Mattresses come with a two-year (24 month) guarantee against manufacturing defects.
12.2 We may repair or replace defective mattresses at our discretion.
12.3 After the two-year guarantee period, repairs or replacements may incur a service charge, part of a 25-year service warranty.
12.4 Service charges are calculated based on the retail price divided by 25, multiplied by the number of years since purchase.
12.5 The service warranty is non-transferable and valid only for the original Purchaser with proof of purchase.
12.6 The guarantee and warranty cover:
12.6.1 Denting exceeding 35mm;
12.6.2 Foam splitting or cracking;
12.6.3 Manufacturing defects in covers or zippers.
12.7 Exclusions from the guarantee and warranty include:
12.7.1 Damage from improper alignment;
12.7.2 Damage from inadequate support;
12.7.3 Mould or mildew from improper surfaces;
12.7.4 Damage from abuse or misuse;
12.7.5 Non-compliance with care instructions;
12.7.6 Issues from use or inability to use;
12.7.7 Personal comfort preferences;
12.7.8 Height issues due to the User’s base;
12.7.9 Normal firmness decrease from use;
12.7.10 Health-related issues.
12.8 To verify claims, Users must provide:
12.8.1 Photographic evidence of indentations;
12.8.2 Photographs of any physical defects.
12.9 Additional photographs may be requested during the claims process.
12.10 If necessary, we may replace the mattress cover with the current fabric style, without guaranteeing similarity to the original design.
12.11 Shipping costs will be covered if the mattress is at the original delivery address. If relocated, Users may incur additional shipping charges.
12.12 The two-year guarantee and 25-year warranty are not extendable.
12.13 We reserve the right to refuse warranty or guarantee claims for mattresses that are dirty, damaged, or improperly treated.
13.1. The User warrants and represents that the Personal Information provided to us is and shall remain accurate, true, and correct and that the User will update the Personal Information held by us to reflect any changes as soon as possible.
13.2. The User further warrants that when registering on the Website it:
13.2.1. is not impersonating any person; and
13.2.2. is not violating any applicable law regarding the use of personal or identification information.
13.3. Further and insofar as the registration process is concerned, the User warrants that the Log in Details shall:
13.3.1. be used for personal use only; and
13.3.2. not be disclosed by a User to any third party.
14.1. We make no representation or warranty (express or implied) that the Website or Services will:
14.1.1. meet a User’s needs;
14.1.2. be accessible at all times;
14.1.3. be accurate, complete, or current; or
14.1.4. be free from viruses.
14.2. Subject to any express terms, we make no representation or warranty as to the volume or subject area of Services accessible through the Website.
14.3. Except for any express warranties in these Terms, the Services are provided “as is.” SleepSport makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose, or non-infringement. We do not provide any warranties against viruses, spyware, or malware that may be installed on your computer as a result of you accessing or using the Website.
14.4. SleepSport does not warrant that the use of the Website will be uninterrupted or error-free, nor does SleepSport warrant that we will review information for accuracy or that we will preserve or maintain the User’s Personal Information without loss.
14.5. SleepSport shall not be liable for delays, interruptions, service failures, or other problems inherent in the use of the internet and electronic communications or other systems outside the reasonable control of SleepSport. While a User may have statutory rights, the duration of any such statutory warranties will be limited to the shortest period to the extent permitted by required law.
15.1. We undertake, as far as is possible, to protect each User’s Personal Information in accordance with the Privacy Policy and not provide it to any third party, except as may be necessary in order to perform all such Services as required in terms of these Terms or otherwise in terms of the Privacy Policy.
16.1. A User may not use the Website for any objectionable or unlawful purpose.
16.2. A User is not able to upload any information onto the Website save for the Personal Information as required when registering on the Website.
16.3. A User undertakes not to send us spam mail or make use of other unsolicited mass emailing techniques.
16.4. A User shall not introduce any virus, worm, trojan horse, malicious code, or other program which may damage computers or other computer-based equipment through email communication with us.
16.5. A User may not sell, redistribute, or use information contained on the Website for a commercial purpose without our prior written consent.
16.6. A User may not remove or alter our copyright notices or other means of identification, including any watermarks, as they appear on the Website or any of our emails.
16.7. A User understands and agrees that it is solely responsible for compliance with any and all laws, rules, and regulations that may apply to its use of the Website or the Services.
17.1. The Website may contain links or portals to other websites. We have no control over websites operated by third parties, and the User agrees that we are not responsible for and will have no liability in connection with a User’s access to or use of any third-party website.
18.1. The Website shall be used entirely at a User’s own risk.
18.2. We are not responsible for, and the User agrees that we will have no liability in relation to, the use of and conduct in connection with the Website, or any other person’s use of or conduct in connection with the Website, in any circumstance.
18.3. We cannot guarantee or warrant that any file downloaded from the Website or delivered to you via email will be free of infection or virus, worms, trojan horses, or other code that has contaminating or destructive qualities. A User is responsible for implementing appropriate processes, systems, and procedures to protect itself from this type of issue.
18.4. A User indemnifies us, and agrees to keep us indemnified, from and against any claim, loss, damage, cost, or expense that we may suffer or incur as a result of or in connection with a User’s improper use of or conduct in connection with the Website, including any breach by a User of these terms or any applicable law or licensing requirements.
18.5. To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for these terms, might apply in relation to a User’s use of the Website.
18.6. To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute, or tort (including negligence), to a User will be limited to the minimum amount imposed by such law.
18.7. Notwithstanding anything to the contrary in these terms, in no circumstances will we be liable for any indirect, punitive, or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money, or any loss or damages arising from or in any way connected to interruption of the Services of any type, whether in delict, contract, or otherwise.
19.1. SleepSport and the contents of the Website are the property of SleepSport, unless specified otherwise, and are protected by Namibian and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website and/or the Services is our property, unless credit is attributed to the author thereof, and is, likewise, protected by Namibian and international copyright laws.
19.2. Except as stated in these Terms, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under Namibian copyright laws or without our prior written permission, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.
19.3. Users are expressly prohibited from “mirroring” any content contained on the Website on any other server unless our prior written permission is obtained, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.
19.4. The User is granted a limited, revocable, and non-exclusive right to create a hyperlink to the Website, so long as the link does not portray us, our affiliates, Goods, or Services in a false, misleading, derogatory, or otherwise offensive manner. A User may not use our logo or other proprietary graphic or trademark as part of the link without our permission or the permission of our affiliates or content suppliers.
19.5. All trademarks and copyrights, as also any other intellectual property rights, in and to any of the content of the Website are the exclusive property of SleepSport.
20.1. A User undertakes not to attempt to decipher, decompile, disassemble, or reverse engineer any of the software or code comprising or in any way making up a part of the Website, including any algorithm used by us.
20.2. We own or are licensed to use all intellectual property on the Website. A User may not use any of our intellectual property for any purpose other than as may be required to use the Website for its intended purpose.
21.1. Assignment and Novation:
21.1.1. We may assign or novate any of our rights or obligations under these Terms without a User’s consent. A User may not assign or novate any of his/her rights.
21.2. Force Majeure:
21.2.1. The failure of either Party to fulfil any of their obligations under these Terms shall not be considered a breach of, or default provided such inability arises from an event of Force Majeure, and that either of the Parties who may be affected by such an event has taken all reasonable precautions, due care, and reasonable alternative measures in order to meet these Terms, and has informed the other as soon as possible about the occurrence of such an event.
21.2.2. During the subsistence of Force Majeure, the performance of both Parties under these Terms shall be suspended, on condition that either of them may elect to cancel any Services should the event of Force Majeure continue for more than 14 (fourteen) days by giving written notice to the other.
21.3. General: 21.3.1. To the extent permitted by law, these Terms shall be governed by and construed in accordance with Namibian law, and any dispute arising out of these Terms shall be submitted to the competent Namibian courts having the requisite jurisdiction to hear the matter.
21.3.2. To the extent necessary and/or possible, you consent to the exclusive jurisdiction of the Namibian courts or an alternative appropriate court seized with appropriate jurisdiction in all disputes arising out of the Terms, our Services, and/or related agreements incorporated by reference.
21.4. Severance:
21.4.1. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and the remaining terms will continue to apply. Failure by us to enforce any of the provisions set out in these Terms and/or any other agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.
21.5. Domicilium Citandi Et Executandi and Contact Information:
21.5.1. The User and SleepSport choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary under these Terms, the following:
21.5.1.1. Ukusiza Retail Investments cc t/a SleepSport
Four Seasons Lodge, No. 11
Rosh Pinah
Karas
Namibia
Email: info@sleepsport.com.na
Cell: +264 81 549 8405
21.5.1.2. User:
The contact details provided when making a purchase on the Website.
21.5.2. Both the User and SleepSport may change their domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (seven) days after receipt of notice of change of domicilium.
21.5.2.1. All notices to be given in terms of these Terms will:
21.5.2.2. be given in writing;
21.5.2.3. be delivered or sent by email; and
21.5.2.4. be presumed to have been received on the date of delivery.
21.5.3. Notwithstanding the above, any notice actually received by the Party to whom notice is addressed will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.
The Website is run by Ukusiza Retail Investments cc t/a SleepSport with registration number CC/2023/06239, VAT number: 14169310-01-5. Import VAT number: 14169310-01-5.
Email: info@sleepsport.com.na
Cell: +264 81 549 8405
Company is registered in Namibia.
