terms and conditions
It is important that you read and understand these terms and conditions before proceeding with this transaction. If there is any term that you do not understand or do not wish to agree to, please discuss it with Inanda Page via mail or phone. Only proceed with this transaction if you wish to be bound by the terms and conditions set out below.
This agreement applies as between you, the User of this Web Site and Inanda Page, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site at once.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1. PURPOSE AND EFFECT
1.1 These terms and conditions set out all the terms of agreement other than price between you as buyer and us as seller, in relation to the sale and purchase of the item or items identified in the invoice, which we refer to below as “the Work”. We confirm that we either own the Work or are authorised to sell it on behalf of the owner.
1.2 If you wish to rely on any variation of, or addition to these terms and conditions, you must ensure that the variation or addition has been agreed by us in writing.
2. STATEMENTS ABOUT THE WORK
2.1 All statements by us as to the authenticity, attribution, description, date, age, provenance, title or condition of the Work constitute our judgement and opinion only (save that this shall not operate so as to exclude any liability on our part for misrepresentation) and are not warranted by us. We do not accept any liability as a result of any changes in expert opinion which may take place subsequent to the sale.
2.2 While we will on request explain the condition of the Work at the time of the sale and provide any information in our possession about condition for which you may reasonably ask, we will not be responsible for any subsequent deterioration of the Work, however occasioned, after the sale.
2.3 You are responsible for satisfying yourself as to any statements made by us as to the matters set out in clauses 2.1 and 2.2 above.
3. PAYMENT OF PURCHASE PRICE
3.1 You must pay us the full price for the Work, together with any agreed delivery or framing costs, any VAT and any amounts payable to us under clause 6 below by paypal, credit card, bank transfer or such other methods as we agree.
4. COMMISSSION PAYABLE BY US TO THIRD PARTIES
We may pay a commission to any party who has assisted us with the sale of the work to you or who has introduced you to us. We will provide you with details.
5. PASSING OF OWNERSHIP
5.1 Full legal title to the Work will not pass to you until we have received in full in cleared funds all sums due in respect of the Work.
5.2 If you have possession of the Work before full payment has been made, you must:
5.2.1 keep possession of it, not sell it or hand it over to any other person or dispose of any interest in it;
5.2.2 in the case of a Work consisting of more than one item, keep those items together;
5.2.3 keep any identifying marks showing that we own the Work clearly displayed;
5.2.4 store the Work on your premises and at no cost to us, separately from other property;
5.2.5 at our request, and after we have given you reasonable notice, allow us or a third party acting on our behalf to have access to the Work in order to inspect it; and
5.2.6 preserve the Work in the same state as it was on delivery and in particular, not restore, repair, clean or reframe it without our written consent.
If Goods are being ordered from outside South Africa, import duties and taxes may be incurred once your Goods reach their destination. Inanda Page is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Inanda Page cannot guarantee that the packaging of your Goods will be free of signs of tampering.
You will be responsible for paying any taxes including but not limited to import tax, duty, merchandise, sales or user tax that have to be paid in the country of destination whether on shipment or on import or at any other time.
Unless otherwise agreed in writing, the sale of the Work is not dependent on either us or you obtaining an export licence and failure or delay in obtaining a license will not constitute a basis to cancel a purchase or delay payment for it.
7. BREACH BY THE BUYER
7.1 If you fail to pay the purchase price in full (or if we agree with you payment by set instalments and you fail to pay any one or more instalment) by the due date, or if prior to you paying the purchase price in full you fail to comply with the obligations set out in clauses 5 and 6 above, or otherwise do or fail to do anything which may in any way imperil our ownership of the Work or the Work itself, we are entitled (without prejudice to our other rights and remedies at law) to either:
7.1.1terminate the contract for sale, repossess the Work and claim damages for any loss we have suffered; or
7.1.2 or at our election, treat the sale as cancelled, and repossess the Work, in which case (and only in which case) we shall following the safe return of the Work, refund to you any part of the purchase price you have paid, after deduction of any sums due to us including but not limited to costs of recovery and restoration of the Work.
7.2 We shall also have the right to repossess the Work and cancel the sale if before you make full payment of the purchase price to us, proceedings occur in South Africa or elsewhere involving your solvency (including but not limited to the presentation of a bankruptcy petition or winding-up petition; or the convening of a meeting to wind you up voluntarily; or an application for an interim order for a voluntary arrangement, or for the appointment of an administrator; or the appointment of an administrative or other receiver).
7. 3 Where we notify you of the exercise of our right to repossession, you will within seven days of such notice, return the Work to our premises at your cost and risk or tell us where the Work is kept and allow us to enter the premises where the Work is (separately) kept and take the Work away at your cost (it being understood that where the Work consists of more than one item, our rights of repossession extend to all such items).
8. LIMITATION OF OUR LIABILITY
Any claim against us must be brought within a period of 6 years from the date of the invoice for the Work or, if we have been guilty of any fraud deliberately concealed a relevant fact in relation to the Work within 6 years after you have discovered this, or could have discovered it if you were reasonably diligent. We shall not accept any claim after these periods.
We shall not be liable for loss of profits (whether direct or indirect) or indirect or consequential loss or damage, if any, which you may suffer in connection with buying the Work. Any liability to you for breach of our obligations whether in contract tort or otherwise, shall be limited to the price paid for the Work provided that nothing in this clause 9 limits or excludes our liability for: (a) death or personal injury caused by our negligence or any of our agents; and/or (b) fraud.
We will have the right, but not the obligation, to rescind a sale without notice to you, where an adverse claim is made by a third party, including but not limited to, someone claiming ownership of the Work. Upon notice of our election to rescind the sale, you will promptly return the Work to us. We will then refund the price and any amount paid to us that represents a royalty due to the Work’s author upon the resale of the Work (“Resale Royalty”). The refund of the price and any Resale Royalty will constitute your sole remedy and recourse against us with respect to such claims.
The copyright subsisting in all images and other materials produced for the sale of the work is owned by us and such images and materials may only be used with our permission. We will have the right to use such images in our own discretion after the sale of the Work. During the period in which the Work is protected by copyright, the copyright remains with its author (or any person to whom that right has been assigned). You are purchasing the Work, but not the right to produce copies of the Work (including photographs thereof) for publication. If such rights are sought, you should contact the copyright owner.
Any notice to be given to us or that we must give to you in connection with the sale of the Work must be in writing and must be sent by post, or delivered by hand, to our address or to your last known address as notified to us by you as the case may be.
12. FURTHER INFORMATION: NON – TRADE BUYERS
This clause applies only where the sale of the Work is to a natural person acting for purposes outside his business. It is not our standard policy to sell works of art exclusively by electronic mail/other methods of distance communication. However, where a contract for the sale of the Work is concluded exclusively through such distance communication, the Consumer Protection (Distance Selling) Regulations 2000 (included as amended) apply and accordingly:
13.1 If you have concluded a transaction exclusively at a distance you have the right to cancel the contract for the purchase of the Work in question within 7 working days, beginning with the day after the day the Work is collected/delivered.
13.2 This right extends only to Works returned in the same condition in which they were sold. You will be responsible for the costs of returning the Work to us unless we delivered the Work to you in error. If we do not receive the Work back from you, we may arrange for collection of the Work from you at your cost.
14. LAW AND JURISDICTION
14.1 These terms and conditions and any non-contractual obligations arising from or in connection with them shall in all respects be construed and take effect in accordance with South African law.
14.2 If you are purchasing the Work as a consumer, the courts of South Africa will have non-exclusive jurisdiction in relation to any dispute (a) arising from or in connection with these terms and conditions or (b) relating to any non-contractual obligations arising from or in connection with these terms and conditions. If you are not purchasing the Work as a consumer, the courts of South Africa will have exclusive jurisdiction in relation to any dispute (a) arising from or in connection with these terms and conditions or (b) relating to any non-contractual obligations arising from or in connection with these terms and conditions.
15.1 Notwithstanding clause 14.2 above, either party may, by giving written notice to the other, elect to have any disputes arising out of, or in connection with, the sale and purchase of the Work referred to a single arbitrator in Pretoria to be resolved in accordance with the Arbitration Act . The seat of such an arbitration will be Pretoria and the language to be used in the arbitral proceedings will be English. In the event that the parties cannot agree upon an arbitrator either party may apply to the President of the Law Society of South Africa for the time being to appoint as arbitrator a Counsel of not less than 5 years standing. The decision of the arbitrator shall be final and binding.
15.2 Save that the parties acknowledge each other’s right to seek, and the power of the High Court to grant, interim relief, no Court action shall be brought in relation to any claim or dispute until the arbitrator has made a final award.
For art-wear from u can wear it , by Inanda Page
TERMS AND CONDITIONS OF USE
TERMS AND CONDITIONS CONTENTS
This page states the Terms and Conditions under which you use www.inanda-page/ucanwearit.co.za Please note that any use of this website means that you agree to the following Terms and Conditions.
This website transacts in the following currencies, dependent on the shipping country:
All other currencies are approximate conversions for display purposes only. All agreements of your offer to purchase goods are entirely subject to their availability. Our acknowledgment of order acceptance via e-mail or web is not a guarantee of delivery. In the event the items you have ordered are not available, you will be contacted, and an alternative or a full refund offered. If we are only able to fulfill part of your order, payment will be taken for your whole order, then on dispatch, a full refund for the unavailable goods will be made.
Payments can be made using any of the methods listed in the below payments section. The total amount will be debited from your account when we have accepted your offer to purchase goods from us.
YOUR AGREEMENT WITH WWW.INANDA-PAGE/UCANWEARIT.CO.ZA
Upon ordering we are not making a legal offer to provide the goods ordered. We are inviting you to make a legal offer to us for you to purchase the goods. It is entirely at our discretion to reject or accept your offer of purchase.
This agreement is only confirmed when we have accepted your offer to purchase the goods and have sent you an invoice or dispatch receipt that includes the date of the agreement being accepted which will be the date shown on said invoice or receipt.
We currently accept the following form of payment:
YOCO PAYMENT GATEWAY
Payment can be made using only the methods above, and payment for your full order offer will be taken immediately. The total amount you pay is the same regardless of the payment method.
All payments are secure and are handled by Pay fast or YOCO
STORE CREDIT & GIFT CARDS
Gift cards and credit notes are valid for 12 months from the date of issue.
We aim to deliver all orders as quickly as possible. Delivery times stated on the website are in no way a guarantee and are based on approximations. This is due to third-party factors, that may cause delays.
OUR RETURNS POLICY
Our web store returns policy means that if you are not fully happy with the goods you have received, you can return them to us within 14 days of receipt, providing they are in an original resalable condition. Once returned you will be entitled to receive an exchange or a refund, which will not include the cost of the original postage and packaging. We are not able to refund or exchange items that appear to have been worn, washed, or are not in original condition. This does not affect and is in addition to your statutory rights as a consumer. Please enclose the completed Returns form with your goods, as no form may result in taking longer to process the return. Please make sure all returned items are well packaged, as not to be damaged in the post. Please make sure all return packages are sent with a trackable, insured service, as we cannot take responsibility for items damaged or lost in the return transit. Please note – The above information relates only to returns on goods purchased through the ucanwearit website, not at any of our physical retail partners or markets. Please see instore for such information.
INFORMATION ON THE WEBSITE
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law, or residual, as to the sequence, accuracy, completeness or reliability of the information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the website. the Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
The trademarks, names, logos, and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the Website Owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the Website Owner.
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links, you must refer to that external website’s terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
PUBLIC FORUMS AND USER SUBMISSIONS
The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed, or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to:
defame, abuse, harass, stalk, threaten, or otherwise violate the rights of other users or any third parties;
publish, post, distribute or disseminate any defamatory, obscene, indecent, or unlawful material or information;
post or upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website Owner’s and/or a third party’s computer system and/or network;
violate any copyright, trademark, other applicable Great Britain or international laws or intellectual property rights of the Website Owner or any other third party;
submit contents containing marketing or promotional material which is intended to solicit business.
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic, or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
The Website Owner makes no warranties, representations, statements, or guarantees (whether express, implied in law, or residual) regarding the website, the information contained on the website, your or your company’s personal information or material, and information transmitted over our system.
DISCLAIMER OF LIABILITY
The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect, or consequential), personal injury, or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm, or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
USE OF THE WEBSITE
The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than South Africa). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise, or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings, or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
The Website Owner may at any time modify any relevant terms and conditions, policies, or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms, and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies, and notices to any third party.
All provisions of any relevant terms and conditions, policies, and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Any relevant terms and conditions, policies, and notices shall be governed by and construed in accordance with the laws of South Africa without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices, or any matter related to or in connection therewith.
COMMENTS OR QUESTIONS