Terms and Conditions


Terms and Conditions

1. COPYRIGHT.

1.1. All rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this site, please contact us.

1.2. Users may download, view and print content from this site for private and non-commercial purposes only.

1.3. CRAFTY ARTS cannot screen or edit all the content available from the site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to contact us and immediately inform of any content that may be offensive or illegal.

2. INTELLECTUAL PROPERTY RIGHTS.

2.1. 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 CRAFTY ARTS and as such are protected from infringement by local and international legislation and treaties.

3. ELECTRONIC COMMUNICATIONS.

3.1. When a user visits CRAFTY ARTS or sends e-mails to CRAFTY ARTS, that user consents to receiving communications from CRAFTY ARTS electronically and agrees that all agreements, notices, disclosures and other communications sent by CRAFTY ARTS satisfy any legal requirements, including but not limited to, the requirement that such communications should be “in writing”.

4. HYPERLINKS.

4.1. No person, business or web site may link to any page on this site without the prior written permission of CRAFTY ARTS.

4.2. Hyperlinks provided on this site to non- CRAFTY ARTS sites, are provided as is and CRAFTY ARTS does not necessarily agree with, edit or sponsor the content on such web pages.

5. DISCLAIMER.

5.1. Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither CRAFTY ARTS 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.

5.2. Furthermore, CRAFTY ARTS 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. Users are encouraged to report any possible malfunctions and errors.

5.3. 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 CRAFTY ARTS that the service available from and through this web site will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.

5.4. Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of CRAFTY ARTS and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.

5.5. All items purchased from CRAFTY ARTS are made pursuant to agreements with shipping and delivery agents and risk of loss pass from CRAFTY ARTS to such agents upon delivery of any item to such carrier.

5.6. Neither CRAFTY ARTS 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.

6. SHIPPING CHOICES.

6.1. You may choose your own courier to collect.

If this choice is made, an SMS/email notification will be sent to you once the goods are ready for collection. In the message will be the address to collect from, the order number, a contact number and the name of the contact person for that particular order.

6.2. You may collect from a CRAFTY ARTS store.

Items shipped to a CRAFTY ARTS store and collected from the same will attract no postage fees. If this choice is made, an SMS/email notification will be sent to you once the goods are ready for collection. In the message will be the store to collect from, the order number, a contact number and the name of a contact person.

6.3. We can arrange for your goods to be delivered to you.

Your order will be processed and a final invoice will be sent to you including the transport charges. Once payment has been confirmed, the goods will be prepared for collection and an SMS/email notification will be sent to you. This message will include the order number and a waybill number. The goods will be delivered to your shipping address.

7. SHIPPING COSTS.

Shipping costs will be calculated according to the prevailing rates of the courier company/postage method chosen.

8. TAXES AND DUTIES.

8.1. Value added tax at the rate of 14% is included in all advertised prices.

8.2. We do not offer international shipping at this stage so import duties that may be payable by recipients of goods in foreign countries do not apply.

9. DELIVERY.

9.1. Although we will do our best, considering the range and nature of the goods, we try for availability of product as opposed to speed of delivery.

9.2. Delays and cancellations

9.2.1. CRAFTY ARTS makes every effort to assure that the information supplied on the site is accurate. Where delays and out of stock situations occur, every effort will be made to inform the customer

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10. PAYMENT METHODS.

10.1. Bank deposit payments.

Orders will only be sent once confirmation of payment has been received. Monies deposited into the CRAFTY ARTS bank account will be subject to the following rules:

10.1.1. the exact amount must be paid.

10.1.2. the payment must be identified by supplying the order number and log in name in the reference section of the deposit slip or on the electronic transfer.

10.1.3. Cheque deposits are subject to a clearing period.

10.1.4. Unpaid orders are cancelled after five business days.

11. AGREEMENTS OF SALE

11.1. Placing an item in a shopping basket without completing the purchase cycle does not:
11.1.1 constitute an agreement of sale between CRAFTY ARTS and users cannot hold CRAFTY ARTS liable if such items are not available when the purchase cycle is completed later; and/or

11.1.2 constitute an order for such an item; and

11.1.3 CRAFTY ARTS may remove such an item from the shopping basket or wish list if no stock is available.

11.2. An agreement of sale between CRAFTY ARTS and a user only comes into effect if and when:
11.2.1. A deposit of an electronic transfer is reflected on CRAFTY ARTS’s bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle); or

11.2.2. A direct deposit is reflected on CRAFTY ARTS ’s bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle.

11.3. CRAFTY ARTS reserves the right to refuse to accept and/or execute an order without giving any reasons. CRAFTY ARTS also reserves the right to cancel orders in whole or in part as circumstances dictate. CRAFTY ARTS shall only be liable to refund monies already paid by the user.

11.4. CRAFTY ARTS shall take all reasonable efforts to maintain correct prices on the site. However, should errors occur and items are offered at incorrect prices, CRAFTY ARTS will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid.

12. STOCK AVAILABILITY.

12.1. Stocks of all goods on offer are limited. CRAFTY ARTS shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, CRAFTY ARTS shall only be liable to refund monies where it is unable to fulfil orders at advertised prices.

13. GUARANTEE.

If CRAFTY ARTS supply the wrong product or if the product is in any way damaged or faulty as a result of a manufacturing defect, CRAFTY ARTS must be notified within 14 days of invoice. CRAFTY ARTS will exchange it for the correct one upon receipt of the returned product. CRAFTY ARTS will make a reasonable effort to exchange the product, but if replacement is not possible, CRAFTY ARTS will refund the purchase price upon receipt of the returned product. Please note: goods are not guaranteed against faults resulting from normal wear and tear.

14. RETURNS.

14.1. Before any goods are returned, a returns authorization must be obtained from CRAFTY ARTS.

14.2. CRAFTY ARTS can arrange for the collection of items by courier. In the case of a customer returning items because s/he is not satisfied with his/her choice, a collection fee of R100.00 must be paid by the customer before collection is arranged.

14.3. All returns will be examined and if it is found that goods have been tampered with way or that the goods are not in a mint condition, it will not be accepted as a return.

15.PRIVACY.

15.1. CRAFTY ARTS shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf

15.2. CRAFTY ARTS may electronically collect, store and use the following personal information of Users:
15.2.1 name and surname;
15.2.2 birth date;
15.2.3 gender;
15.2.4 country of residence;
15.2.5 closest city;
15.2.6 non-personal browsing habits and click patterns;
15.2.7 e-mail address;
15.2.8 IP address; and
15.2.9 ID number / passport number.

15.3. CRAFTY ARTS collects, stores and uses the abovementioned information for the following purposes:
15.3.1 to greet the User when he/she accesses the CRAFTY ARTS website;
15.3.2 subject to the User’s consent, inform the User of facts relating to his/her access and use of the CRAFTY ARTS website;
15.3.3 subject to the User’s consent, inform the User about competitions and special offers from CRAFTY ARTS and/or its partners / affiliates;
15.3.4 to compile non-personal statistical information about browsing habits, click-patterns and access to the CRAFTY ARTS website.
15.3.5 to verify the identity of the User when transacting with CRAFTY ARTS
15.3.6 to ensure that the goods are received by the addressee.

15.3.7. 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.

15.3.8. By using this website the User consents to the collection and use of his or her personal information in accordance with the terms and conditions detailed herein and to receive marketing information from CRAFTY ARTS.

15.3.9. The User may elect not to receive any such communications from CRAFTY ARTS and/or its partners / affiliates in which event the User is required to e-mail us with the words “unsubscribe” in the subject line.

16. CRAFTY ARTS may collect, maintain, save, compile and share any information collected from users, subject to the following provisions:
16.1 CRAFTY ARTS shall not disclose personal information from Users unless the User consents thereto;
16.2 CRAFTY ARTS shall disclose information without the User’s consent only through due legal process; and

16.3 CRAFTY ARTS may compile, use and share any information that does not relate to any specific individual.

16.4 CRAFTY ARTS owns and retains all rights to non-personal statistical information collected and compiled by CRAFTY ARTS.

17. 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 may be liable to criminal prosecution and to a civil claim for damages.

17.1. The user agrees and warrants that its log-in name and password shall:
17.2.be used for personal use only; and
17.3. not be disclosed to any third party.

18. CHANGES TO AGREEMENT

18.1 CRAFTY ARTS may, in its sole discretion, change this agreement or any part thereof at any time without notice.

19. DOMICILIUM

CRAFTY ARTS 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, Shop 49A, Walmer Park Shopping Centre, Main Road, Walmer, Port Elizabeth, 6070, South Africa.

20. TERM AND TERMINATION

This agreement shall commence when the user registers on the CRAFTY ARTS site and continues indefinitely until terminated by CRAFTY ARTS