Terms and Conditions
In these terms and conditions –
“ARTEFFACT” means The Arteffact Associates (Pty) Limited registration number 2012/106989/07, a private company with limited liability duly incorporated and registered in accordance with the laws of the Republic of South Africa ;
- “you / the Customer” means the person or entity contracting with Arteffact for the purchase of /any items reflected on Arteffact’s website;
- “the items” means the items offered as products for sale on Arteffact’s website;
- “the parties” means the Customer and the Company.
b) Online Order Confirmation
All orders placed on Arteffact must be in writing and –
- specify the product description and product code in respect of the items being ordered;
- specify the quantity of the items required;
- record the Customer’s full names and contact information; and
- the nominated address to which the items are required to be delivered. Please note that post box addresses, hotels and accommodation addresses are not acceptable.
Once you have placed a written order with Arteffact which records all the information required to enable Arteffact to process your order, you will receive an order confirmation from Arteffact via email. Please retain such email for future reference purposes. If you do not receive an email from Arteffact within 48 hours of placing your written order, please contact Arteffact via email at sales@Arteffact.co.za or call Arteffact on (27) 82 771 0494. Arteffact reserves the right to reject any order placed by you at any time. Arteffact will take all reasonable care, in so far as it may be reasonably possible to do so, to keep the details of your order and payment secure but, in the absence of negligence on Arteffact’s part, Arteffact cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering any items off Arteffact’s Website
c) Purchase Price and Payment
Upon your receipt of an email confirmation of order, Arteffact will generate an invoice which will stipulate the full purchase price (“Purchase Price”) payable by you in respect of the items ordered.
The Purchase Price, which will be quoted in United States Dollars, will include the full price of the items ordered together with all delivery costs and charges on a cost, insurance & freight basis (in accordance with the international trade terms – INCOTERMS).
Arteffact requires full payment of the Purchase Price prior to dispatch of any items from its warehouse.
Payment of the Purchase Price must be effected –
- in United States Dollars, unless otherwise agreed by Arteffact in writing;
- free of withholding, deduction or set-off of any nature whatsoever and free of any bank costs or charges; and
- by way of direct bank transfer into Arteffacts’s customer foreign currency bank account, the details of which are –
Account Name: The Arteffact Associates CFC Account
Bank: First National Bank of South Africa
Branch Code: 256205
Account Number: 0294314
Swift Code: FIRNZA JJ
d) Dispatch of Goods
Upon receipt by Arteffact of payment of the full Purchase Price stated on its invoice, a freight waybill will be issued and each of the items forming part of your order will be photographed, prior to being packaged.
Arteffact will forward a copy of the relevant freight waybill and a photograph of the items being dispatched to you, via email. Arteffact will also notify you of the expected date of delivery of the items.
Once in receipt of the freight waybill in respect of the items you have ordered (which will specify your specific tracking code), you will be able to track and trace the packaged items on the relevant freight handler’s website.
Please check the individual availability of the items you have ordered. If your order is likely to be delayed, Arteffact will contact you to advise you of such fact. In the unlikely event that any of the items you have ordered are out of stock Arteffact will contact you as soon as possible to advise you of such fact.
f) Amending your Order
If you wish to effect any changes to your order, such as amending the delivery address or adding or deleting items reflected thereon, please email info@Arteffact.co.za within twenty four hours of placing your order.
Arteffact will notify you of the approximate delivery date upon dispatch of the items to you. Very occasionally, circumstances beyond Arteffact’s control can delay the delivery date. In such circumstances, Arteffact will endeavor to keep you informed of such delay and the expected date of delivery. Arteffact cannot accept any liability for any loss or inconvenience that may result from such delay.
Upon arrival of the items in your state of residence, the freight handler will contact you to arrange for the delivery of the items to your nominated delivery address. All items will be delivered during normal business hours, unless alternative arrangements are made with Arteffact prior to dispatch of the goods to you.
You will be required to bear and pay all taxes and other duties which may be due and payable in your country of residence. The relevant freight handler will advise you of the rate of such taxes and/or duties (if applicable) which you will be required to settle directly with the freight handler.
All risk and benefit in and to the items will pass to you upon delivery thereof to your nominated address.
h) Return Policy
In the unlikely event that the wrong item is delivered to you or the relevant item is damaged (“Defective Goods”), your sole remedy will be the replacement thereof by Arteffact. In such circumstances, you are required to notify Arteffact of such fact within 48 hours of receipt of the Defective Goods. Arteffact will at its own cost arrange for the collection of the Defective Goods from you and replacement items will be dispatched to you upon receipt by Arteffact of the Defective Goods. Please allow 10 to 14 business days for Arteffact to process the replacement of the Defective Goods
i) Product Descriptions and Product Codes
Arteffact will take all reasonable care to ensure that all details, descriptions and prices of items reflected on the Arteffact website are correct and updated regularly. Although Arteffact aims to keep its website as up to date as possible, the information, including product descriptions, appearing on the website at a particular time may not be correct at the time you place an order. Should any discrepancy arise in relation to the product codes and product descriptions reflected on your order, Arteffact will contact you to confirm your order.
j) Refusal of Transaction
Arteffact reserves the right to withdraw any items from its website at any time and/or remove or edit any materials or content on the website. Arteffact may refuse to process an order for any reason at its sole discretion. Arteffact will not be liable to you or any third party by reason of it withdrawing any item from its website, removing or editing any materials or content on its website or refusing to process an order.
The Customer agrees that (a) these terms and conditions represent all contractual terms between the parties and neither party shall be bound by any express, tacit or implied term, representation, warranty, promise or the like not recorded herein ; (b) an order will only become final and binding upon receipt and acceptance of such order by Arteffact; (c) it does not rely on any representations made by Arteffact in regard to the items; (d) neither Arteffact nor any of its employees will be liable for any negligent or innocent misrepresentations made to the Customer; (e) it is the sole responsibility of the Customer to determine that the items ordered are suitable for the purposes of intended use; (f) any delivery note or waybill (copy or original) signed by the Customer or a third party engaged to transport the goods and held by Arteffact shall be prima facie proof that delivery was made to the Customer; (g) delivery dates quoted are merely estimates and are not binding on Arteffact; (h) no claim for the replacement of any Defective Goods shall arise unless the Customer has, within 48 hours of delivery of the alleged Defective Goods, furnished Arteffact with written notice thereof; (i) under no circumstances will Arteffact be liable for any consequential damages including loss of profits or for any delictual liability of any nature whatsoever whether caused negligently or innocently; (j) any order is subject to cancellation by Arteffact due to acts of G-d or any circumstance beyond the control of Arteffact, including (without restricting this clause to these instances): inability to secure labour, power, materials or supplies, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation; (k) the contractual relationship between the parties shall in all respects be governed by and construed in accordance with the laws of the Republic of South Africa.