| terms & conditions |
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www.africacreative.co.za is owned by ACS Wholesale CC, Reg no 2008/080598/23, trading as africa creative ("africa creative"). All Users ("users") of www.africacreative.co.za ("this web site") agree to be bound by the terms and conditions stipulated below. Copyright All photos, content and designs on this site are protected by copyright and may not be copied, reproduced or transmitted in any form or by any means, electronic or mechanical, without the prior written consent of Africa Creative. All rights not expressly granted are reserved. To obtain permission for the commercial use of any content on this site e-mail us or phone us for assistance. All moral rights of Africa Creative and its employees/agents and suppliers are reserved. Intellectual Property Rights All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Africa Creative and may not be copied, reproduced or transmitted or used in any way without the prior written consent of Africa Creative. Electronic Communications When a user visits Africa Creative or sends e-mails to Africa Creative, that user consents to receiving communications from Africa Creative electronically and agrees that all agreements, notices, disclosures and other communications sent by Africa Creative satisfy any and all legal requirements, including but not limited to, the requirement that such communications should be "in writing". Hyperlinks No person, business or web site may link to any page on this site without the prior written permission of Africa Creative. Hyperlinks provided on this site to other sites, are provided as is and Africa Creative does not necessarily agree with, edit or sponsor the content on such web pages. Disclaimer neither Africa Creative 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 products, services or content provided from and through this web site. Furthermore, Africa Creative makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. notwithstanding the foregoing, Users are encouraged to report any possible malfunctions and errors to Africa Creative. This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Africa Creative that the service available from and through this web site will meet the user's individual requirements and will be compatible with the user's hardware and/or software. Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Africa Creative and users hereby agree that they have either consulted professional advice before taking any course of action related to information, ideas or opinions expressed on this web site, or have dispensed with the need to do so . Neither Africa Creative 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 any product sold on this web site. Insurance Africa Creative, through its shipping agent’s insurers, provides the user with the option of purchasing marine insurance on the goods ordered. This insurance only covers the period during which goods are being handled by Africa Creative’s shipping agents. This insurance does not provide cover in the event that the user elects to use its own shipping agents for all or part of the transit. users are encouraged to obtain their own insurance in this instance. Neither Africa Creative nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature, arising from the failure of the user to take out comprehensive insurance on goods purchased for the whole period during which the goods are in transit. If the user elects to purchase the insurance provided through Africa Creative’s agents, it is the responsibility of the user to ensure that the insurance covers the user’s requirements. Any insurance effected by Africa Creative on behalf of its clients shall be subject to such exceptions and conditions as may be imposed by the insurance company or underwriters taking the risk. Africa Creative shall not be under any obligation to obtain separate cover for any risks so excluded. Should any insurer dispute its liability, whether in whole or part, under any insurance policy in respect of any goods, the client shall have recourse against such insurer only, and Africa Creative shall not have any responsibility or liability whatsoever in relation thereto. For all items insured through Africa Creative’s agents, it is important to note that if a clean proof of delivery is obtained from the receiver, this will then be considered as prima facie evidence that the shipment was delivered in good order. In the event that the shipment is damaged / tampered with and/or there is evidence that contents are missing, the receiver is required to endorse the delivery documentation immediately, in the presence of the courier representative or the claim may be rejected. In the event of a claim for loss or damage for items insured through Africa Creative, the user should notify Africa Creative of this immediately and should ensure that all documentation and original packaging are kept until the claim has been resolved. Prices Users can elect to view item prices, place orders and receive invoices in either one of the following currencies: South African Rand (ZAR), United States Dollar (USD), Great British Pound (GBP) or Euro (EUR). Users who elect to receive invoices in any currency other than ZAR, accept that Africa Creative may make provision for currency fluctuations in the ZAR to the extent that the exchange rates used will include a margin relative to the ruling exchange rates at the time the order is placed. The price of each product is displayed with the product. In the event of a sale or special offer, the discounted price is displayed. The price shown is the product price, excluding tax and additional costs such as shipping and insurance. Where a price is displayed with a corporate gift this is an indicative base price, excluding any branding or customisation variations. The price of any corporate gift order will only be finalised via subsequent correspondence between Africa Creative and the user and Africa Creative will under no circumstances be obliged to provide a corporate gift item at the indicative base price. Corporate gift indicative prices also exclude tax and additional costs such as shipping and insurance. Value Added Tax Value added tax ("vat") at the applicable rate in terms of the Value Added tax act 89 of 1991 of 14% shall be charged on goods shipped to a south african address. VAT is not payable on orders if the shipping address is outside the borders of the republic of south africa ("rsa"). Import Duties Import duties and taxes may be payable by recipients of goods in countries other than South Africa. Africa Creative does not know what levies may be payable and cannot calculate or estimate such costs. These costs are therefore not included in the shipping costs shown on the user’s invoice and Africa Creative will not be liable for these costs. It is the responsibility of the user to ensure that he is aware of the import duties and taxes that may be payable and Africa Creative will not have any liability or obligation to return any monies paid or accept the return or ownership of a shipment due to error, omission or failure of the user in this regard. Neither Africa Creative nor any of its agents or representatives shall be liable for any storage costs, penalties or other costs, damage, loss or liability arising from the failure of the recipient to pay any import duties and taxes due in a timeous manner. Made to order Most of the products available on the site are made to order. Although we may give an indication of timeframes, Africa Creative provides no warranties, whether express or implied, as to when a product will be ready to ship. Users should contact Africa Creative if an order is required within a specific period of time and we will do our best to accommodate requests, however the user accepts that there may be factors outside Africa Creative’s control that may prevent an order from being ready for shipment within a specific time frame. Where corporate gift orders do require a specific delivery date, Africa Creative reserves the right to cancel these orders on notice to the user if they are not finalised with sufficient lead time relative to the capacity of the supplier/s. Lead times will vary from supplier to supplier and africa creative will determine in all cases whether sufficient lead times do exist. Africa Creative shall incur no liability whatsoever as a result of cancellation of an order as aforesaid. Shipping Shipping costs vary based on the location of the supplier and the delivery address of the user. Where a supplier or user is located in a remote area, a surcharge will be included in the shipping costs. it is currently not possible for Africa Creative to calculate the shipping costs online at the stage of placement of the order, due to the large number of possible variations. The user will see the value of the order excluding shipping and taxes online and agrees to submit this order to Africa Creative for confirmation of shipping and taxes. Africa Creative will calculate the shipping costs offline and will send a final invoice to the user containing all costs. To ensure that products are as cost effective as possible, shipping costs are calculated based on our cheapest-to-deliver options, which usually implies longer delivery times. For local shipments, deliveries may take up to 5 business days and for international shipments via airfreight, deliveries may take up to 15 business days from the date that a product is ready to ship. users should contact Africa Creative if urgent shipments are required, but should bear in mind that urgent shipments may be prohibitively expensive. Furthermore, Africa Creative will require the user to pay any additional charges related to urgent shipments and provide written proof thereof to its satisfaction prior to such shipments being released to the courier company. Drop shipping and consolidation A single purchase order may contain products sourced from more than one supplier, and may involve different delivery timeframes. For local deliveries, Africa Creative will arrange shipments separately from each supplier to the delivery address, based on when suppliers are ready to ship, as this is most cost effective. For international shipments, users will have the choice to ship separately per supplier, or to consolidate items from all suppliers at an agent or address in South Africa prior to shipment. In the event of a consolidated shipment, the item with the longest delivery time will determine the delivery time of all the items in the order. Note that Africa Creative will only cater for a single delivery address per order in all instances. Deposit Africa Creative will not confirm any order with our suppliers until a deposit of 50% of the value of the invoice has been received. If the user fails to notify Africa Creative of payment of the deposit within one week of receipt of the final invoice, Africa Creative will contact the user and if it is deemed that no deposit will be paid within a reasonable timeframe, Africa Creative reserves the right to cancel the order, without penalty or liability, at such time. Final payment no items shall be released for shipment until full and final settlement of the invoice in respect of such items. Where separate shipments are applicable, Africa Creative will require full payment of the total invoice prior to the first shipment. Africa Creative will contact the user when the final payment is due. Delays and cancellations Where delays or cancellations occur for an unforeseen reason, every effort will be made to inform the user. Payment Methods At this time Africa Creative only accepts payments via bank deposits or electronic transfers (EFTs). Upon finalisation of an order Africa Creative will send the user instructions on how to deposit monies into our bank account, and subject to the following rules:
Restrictions on Sales & Shipping Africa Creative does not place any restrictions on sales from its site. However, international users should note that there may be restrictions on the import of certain products into their countries. It is the responsibility of the user to ensure that they are aware at all times of the customs restrictions applying to their country of import and that they comply with these. Users should especially note the restrictions on import of wood and wood products. Some courier companies are reluctant to ship items such as jewellery, glass and other items of a valuable or fragile nature, due to the higher risk of damage or loss associated with these items. Africa Creative will ship these items but it is the responsibility of the user to ensure that such shipments are comprehensively insured. Africa Creative will not be responsible for any loss or damage arising from shipments of this nature. Agreements of Sale Placing an item in an order or corporate order request or adding it to a wish list does not constitute an order or agreement of sale for such an item. An agreement of sale between Africa Creative and a user shall only come into effect if and when an electronic transfer is reflected on Africa Creative's bank statement or a direct deposit is reflected on Africa Creative's bank statement and the user has notified Africa Creative in writing of such a deposit. Africa Creative reserves the right to refuse to accept and/or execute an order without giving any reasons. Africa Creative also reserves the right to cancel orders in whole or in part as circumstances dictate. Africa Creative shall only be liable to refund monies already paid by the user. Africa Creative shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices, Africa Creative will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid. Clients may view or print a record of orders on the web site. Returns & refunds policy Most products sold on the Africa Creative website are made to order. Africa Creative therefore will not entertain any request from the user to return items or refund monies paid for items for any reason whatsoever, after a deposit for such items has been received from the user. It is the responsibility of the purchaser to ensure that the correct items are ordered and paid for. If Africa Creative for any reason supplies the wrong product, i.e. where the items supplied evidently do not correspond with the items on the final order, Africa Creative will undertake to enter into correspondence with the user to best rectify the error. Africa Creative’s liability in this instance will be limited to replacing the incorrect items or refunding any monies paid, but only upon receipt of the returned products. Authorisation must be received from Africa Creative before any products may be returned. Due to products being of a handmade nature, the definition of a wrong product does not extend to variations in colour or any other attribute of the product originally ordered, unless the order explicitly states that specific attributes of the product are required. Africa Creative does not accept returns or refunds if products are damaged in any way during shipment, due to handling, delays in delivery or any other such events. It is the responsibility of the user to ensure that shipments are comprehensively insured against such events. See in this regard Insurance section above. Governing Law This site is controlled and operated from the Rsa and is governed by South African law. Privacy Africa Creative shall take all reasonable steps to protect the personal information of Users. the user hereby consents that Africa Creative may electronically collect, store and use the following personal information of the User:
Africa Creative collects, stores and uses the abovementioned information for the following purposes:
Information detailed above is collected either electronically by using cookies or is provided voluntarily by the user. Users may determine cookie use independently through their browser settings. Security Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and shall be liable for damages. The user allows Africa Creative to take all reasonable steps to ensure the integrity and security of the Africa Creative site and back-end applications. Commercial use The user agrees that its log in name and password shall:
As this is a business-to-business website, the user agrees that Africa Creative may during registration and at any time thereafter request verification that the user is operating on behalf of a legitimate commercial or corporate entity and not in their personal capacity. Changes To Agreement Africa Creative may, in its sole discretion, change this agreement or any part thereof at any time without notice. Disputes In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved with Africa Creative directly, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Johannesburg, South Africa in English. The arbitration rules may be downloaded from: http://www.arbitration.co.za/Pages/docs/expedited_rules.pdf. Domicilium Africa Creative 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 at 18 Leitch Road, Greenside, 2193, South Africa. Term and Termination This agreement shall commence when the user registers on the Africa Creative site and continues indefinitely until terminated by Africa Creative. Information The ECT Act of South Africa states that when we offer goods or services by way of certain electronic transactions, we must make the following information about us available to customers on websites where the goods or services are offered: Full name: ACS Wholesale CC, reg no 2008/080598/23, trading as Africa Creative Main business: Online wholesaler Address for receipt of legal service: 18 Leitch Road, Greenside, 2193, Johannesburg Office bearers: Retha Davel Webmaster: www.tm4y.co.za Website: http://www.africacreative.co.za Official email address: info@africacreative.co.za |