Terms and Conditions

General Introduction

1. This website can be accessed at artistwarehouseonline.com, related mobi-sites and software applications (the “Website”) and is owned and operated by ArtistWarehouseOnline (Proprietary) Limited (“ArtistWarehouseOnline”, “we”, “us” and “our”).
2. These Website Terms and Conditions (“Terms and Conditions”) govern the sale of Goods (as defined below) and the use of the Website.
3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
4. The Website enables you to shop online for an extensive range of art, craft, scholastic, office and industrial marking supplies (“Goods”). The use of any product bought from this Website is at the purchaser’s risk. The purchaser/ user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.
5. ArtistWarehouseOnline allows third party sellers to list and sell their Goods on the Website (each a “Third Party Seller”). ArtistWarehouseOnline will indicate on relevant product pages and checkout pages when Goods are being offered for sale by a Third Party Seller. Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from ArtistWarehouseOnline. This will be made clear in the relevant clause.

Important Notice

1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
   • may limit the risk or liability of ArtistWarehouseOnline or a third party; and/or
   • may create risk or liability for the user; and/or
   • may compel the user to indemnify ArtistWarehouseOnline or a third party; and/or
   • serves as an acknowledgement, by the user, of a fact.
3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask ArtistWarehouseOnline to explain it to you before you accept the Terms and Conditions or continue using the Website.
5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or ArtistWarehouseOnline in terms of the CPA.
6. ArtistWarehouseOnline permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
7. These Terms and Conditions are divided into three sections, as follows: Orders and Sales; Privacy Policy; and General Legal Terms.

Returns

Please refer to our Exchanges & Returns Policy for more information about returns (and related refunds, replacements or repairs).  The Exchanges & Returns Policy is incorporated by reference and therefore form part of these Terms and Conditions.

Registration and use of the website

1. Only registered users may purchase Goods on the Website.
2. To register as a user, you must provide a unique username and password and provide certain information and personal details to ArtistWarehouseOnline. You will need to use your unique username and password to access the Website in order to purchase Goods.
3. You agree and warrant that your username and password shall:
   1. be used for personal use only; and
   2. not be disclosed by you to any third party.
4. For security purposes you agree to enter the correct username and password whenever purchasing Goods, failing which you will be denied access.
5. You agree that ArtistWarehouseOnline will accept and process your order for Goods (subject to payment being received) once the correct username and password have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent and that you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions..
6. You agree to notify ArtistWarehouseOnline immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
7. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
9. You may not use the Website to distribute material, which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
10. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Company representative.

Conclusion of sales and availability of stock

1. Registered users may place orders for Goods as long as the Goods are available and have not been sold out.
2. Placing goods in a shopping basket without completing the purchase cycle does not constitute an agreement of sale and/or an order for such goods, and as such, goods may be removed from the shopping basket if stock is no longer available. You cannot hold ArtistWarehouseOnline or the Third Party Seller liable if such goods are not available when the purchase cycle is completed at a later stage.
3. An agreement of sale between you and ArtistWarehouseOnline or the Third Party Seller will come into effect upon completion of an online order summary on the Website and payment or payment authorisation is received by ArtistWarehouseOnline (or ArtistWarehouseOnline on behalf of the Third Party Seller) to the satisfaction of ArtistWarehouseOnline (the “sale”).
4. ArtistWarehouseOnline may, in its sole discretion, accept the cancellation of an order by you, on sufficient cause shown and on a case by case basis. In which event the provisions set out in this clause 10 in respect of refunds and returns will similarly apply.
5. You acknowledge that stock of all Goods on offer is limited. In the case of Goods offered for sale by ArtistWarehouseOnline, ArtistWarehouseOnline will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock and we will only be liable for delivery of the Goods when the Goods are available. When Goods are no longer available after conclusion of a sale, ArtistWarehouseOnline will notify you and you will be entitled to a refund of the amount paid by you for such Goods.
6. In the case of Goods being offered by a Third Party Seller, ArtistWarehouseOnline relies on inventory information supplied by the relevant Third Party Seller and ArtistWarehouseOnline accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any goods from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out hereunder and in the Refund Policy.

Gift Vouchers

ArtistWarehousOnline Gift Vouchers are not redeemable for cash and will not be replaced if lost, stolen, destroyed or used without permission. ArtistWarehousOnline Gift Vouchers cannot be resold to- or exchanged with a third party. You cannot use a ArtistWarehousOnline Gift Voucher to purchase another ArtistWarehousOnline Gift Voucher. ArtistWarehousOnline Gift Vouchers can only be redeemed online through www.artistwarehouseonline.com.

Payment

1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
2. Whether the Goods are offered for sale by ArtistWarehouseOnline or a Third Party Seller;/, payment can be made for Goods through the PAY FAST GATEWAY via –
   1. debit card;
   2. credit card: where payment is made by credit card, PAYFAST may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your purchase of the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
3. direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. ArtistWarehouseOnline will not execute the order until receiving confirmation that payment has been received;
4. Instant EFT;
5. The above payment options are explained in more detail under Frequently Asked Questions (“FAQ”): Payment.
6. You may contact us via email at info@artistwarehouseonline.com to obtain a full record of your transaction. We will confirm all your purchase orders with you via email.
7. Once you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

Merchant Outlet Country and Transaction Currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).

Delivery of goods

ArtistWarehouseOnline offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
courier;
post office;
Please see details of our delivery and shipping terms and conditions under FAQ’s: Shipping and Delivery which are incorporated herein by reference.

ArtistWarehouseOnline will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to proceed with your order for the Goods or cancel your order. If you elect to cancel your order, we will reimburse you with the purchase price.

Delivery policy

Subject to stock availability with suppliers and receipt of payment, requests will be processed within 7 working days but no later than 30 (thirty) days of receipt of your payment and handed over to a courier company for delivery. Unless otherwise specified, delivery over a said amount of R450.00 to all large cities and centers is free. For remote areas not serviced by standard couriers The Provider will deliver via Post Office, or to the nearest town to the User that is accessible by Fastway Couriers or the Post Office within their normal routes for a nominal fee. In these circumstances the Provider will be in contact with the User to arrange an alternative address.

The Provider will supply all goods to the delivery company in good order and will ensure that goods arrive at the User’s chosen delivery address in the same good order.

Cancelled orders on the e-commerce facility will be refunded after deduction of a 10% charge for administration costs. The Provider reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full refund with no deductions.

Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to the Marketing Manager, P O Box 227, Modderfontein, 1645, or marketing@artistwarehouseonline.com

Errors

We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence) we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save as set out in the Exchanges & Returns Policy.

Returns / Refund Policy

If on receiving your order you are not satisfied with your purchase, let our customer service team know within 7 days and we will collect it at your expense and provide you with a refund provided the item is in its original condition and original packaging and completely unused.

If you have used a product and found it to be damaged or faulty we will collect the product at our expense and either replace, refund or repair the item, depending on the circumstance.

Although seldom charged, we reserve the right to charge a 10% administration fee for returned orders should the returns process incur significant administration expenses.

We’ve made the returns and exchange process even easier by creating a little self-help online system for you. Simply fill out the form and hit submit. A customer service agent will then get hold of you shortly. Start the process here.

Third Party Sellers

ArtistWarehouseOnline will indicate on relevant product pages and checkout pages when Goods are being offered for sale by a Third Party Seller. In such cases ArtistWarehouseOnline only provides the platform to facilitate transactions between Third Party Sellers and ArtistWarehouseOnline customers. ArtistWarehouseOnline is neither the buyer nor the seller of these items unless otherwise specified.

The contract formed at the completion of a sale of the Goods offered for sale by a Third Party Seller is therefore solely between the registered user and such Third Party Seller. ArtistWarehouseOnline is not a party to the contract.

The Third Party Seller is solely responsible for the sale and fulfilment of delivery of the Goods. The Third Party Seller is also responsible to provide an invoice to the registered user if required.

Because ArtistWarehouseOnline wants the registered user to have a safe and consistent experience, ArtistWarehouseOnline will handle any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by the registered user arising out of or in connection with the contract between a registered user and a Third Party Seller on behalf of the Third Party Seller according to ArtistWarehouseOnline’s own policies. Should such claim escalate into being a dispute, although ArtistWarehouseOnline reserves the right to become involved in an attempt to resolve it, ArtistWarehouseOnline is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Seller alone.

A copy of the ECT Act is available at http://www.internet.org.za/ect_act.html

Privacy policy

We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.

Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –

your name and surname;
your email address;
your physical address;
your gender;
your mobile number; and
your date of birth.

Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.

You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

The purposes for which we will use your personal information are as follows:

1. in relation to the sale and delivery of Goods;
2. to contact you regarding current or new Goods or services (provided
3. you have consented to receiving such marketing material);
4. to inform you of new features, special offers and promotional competitions (provided you have consented to receiving such marketing material); and
5. to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us.

ArtistWarehouseOnline will not use your personal information for any purpose (other than as stated above) without your express consent. We will not use or disclose your personal information to third parties without your consent, unless the use or disclosure is –

1. required in order to comply with applicable law, order of court or legal process served on ArtistWarehouseOnline; and/or
2. disclosure is necessary to protect and defend the rights or property of ArtistWarehouseOnline.

We will be entitled to disclose your personal information to those of our employees and/or third party service providers who assist us to interact with you via our Website or email, for the sale of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.

We will –

1. treat your personal information as strictly confidential;
   take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
2. provide you with access to your personal information to view and/or update personal details;
3. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
4. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
5. upon your request, promptly return or destroy any and all of your personal information in our possession or control.

We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

ArtistWarehouseOnline undertakes never to sell or make your personal information available to any third party unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, ArtistWarehouseOnline reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than ArtistWarehouseOnline, ArtistWarehouseOnline SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

Privacy: casual surfing

The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The Provider uses this information to determine use of the Website, and to improve content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation. 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 here.

Cookies

What is a cookie?
A cookie is a basic text file that is stored on your device (computer, mobile phone, tablet or other) by a website’s server. Each cookie is unique to your web browser, and contains completely anonymous information such as a unique identifier and the website name. This allows a website to remember things like your personal preferences, products you prefer or what’s in your shopping basket.

This Website makes use of first and third party “cookies” to automatically collect information and data through the standard operation of the Internet servers. These “Cookies”, small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content. The type of information collected by cookies is not used to personally identify you.

Cookies facilitate web analytics tools like Google Analytics and provide more relevant Display Advertising to Users who have visited the Website, using third party tools such as the Google Analytics Remarketing.

If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do accept a “cookie”, you thereby consent to our use of any personal information collected by us using that cookie subject to the provisions below.

Cookie Opt out
Most web browsers provide the option to block some or all cookie types should you wish to. Users can also opt out of the Google Display Network using the Ads Preferences Manager. Because many of our Website’s features utilise cookies, we recommend that Users do not block them.

Changes to these terms and conditions

ArtistWarehouseOnline may, in its sole discretion, change the Terms and Conditions or any part thereof at any time and notice of such change in the Terms and Conditions will be provided to you, via email and/or it will be displayed on the Website. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such updated or amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such updates or amendments.

Electronic communications

By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing. When you visit the Website or send emails to us, you consent to receiving communications from us electronically.

Ownership, Copyright and Intellectual Property Rights

The contents of the Website, including any material, information, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of ArtistWarehouseOnline, its advertisers and/or sponsors and/or is licensed to ArtistWarehouseOnline.

You will not acquire any right, title or interest in or to the Website or the Website Content.

Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact our Admin Manager at 011 6083180 or e-mail info@artistwarehouseonline.com.

Where any of the Website Content has been licensed to ArtistWarehouseOnline or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

Limited License to General Users

Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.

Disclaimer / Limitation of liability

The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

Whilst ArtistWarehouseOnline takes reasonable measures to ensure that the content of the Website is accurate and complete, ArtistWarehouseOnline makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.

ArtistWarehouseOnline disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

Any views or statements made or expressed on the Website are not necessarily the views of ArtistWarehouseOnline, its directors, employees and/or agents.

In addition to the disclaimers contained elsewhere in these Terms and Conditions, ArtistWarehouseOnline also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of ArtistWarehouseOnline, its employees, agents or authorised representatives. ArtistWarehouseOnline thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

Linked third party websites

This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and ArtistWarehouseOnline is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

Limitation of liability

The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. ArtistWarehouseOnline cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of ArtistWarehouseOnline, its owners, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@ artistwarehouseonline.com or by contacting 0116803180.

ARTISTWAREHOUSEONLINE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

YOU HEREBY INDEMNIFY ARTISTWAREHOUSONLINE AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

Availability and termination

We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.

ArtistWarehouseOnline may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that ArtistWarehouseOnline will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time and to the extent possible.

If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

Governing law and jurisdiction

These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

In the event of any dispute arising between you and ArtistWarehouseOnline, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Pretoria or Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

Nothing in this clause 21 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

Choice of Law

This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Cape Town High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.

Notices

ArtistWarehouseOnline hereby selects 20 High Street Modderfontein Gauteng as its address for the service of all formal notices and legal processes in connection with these terms and conditions of sale (“nominated address”). You hereby select the address specified on the Goods order form as your nominated address.

Either party may change its nominated address to any other physical address by not less than 7 days’ notice in writing to the other party.

Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –

1. by hand will be deemed to have been received on the date of delivery;
2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
3. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
4. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

ArtistWarehouseOnline information

For the purposes of the ECT Act, ArtistWarehouseOnline’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:

Full name: Apex Pencil SA (Pty) Ltd, t/a ArtistWarehouseOnline, a private company registered in South Africa with registration number 2013/145757/07
Main business: Online retailer
Physical and Postal Address / Domicilium citandi et executandi: 20 High Street Modderfontein / P O Box 227 Modderfontein 1645
Office bearers: Sandy Fisher
Phone number: +27 11 608 3180
Fax number: +27 (0)86 218 7793 
Official email address: info@artistwarehouseonline.com

General

ArtistWarehouseOnline may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
Any failure on the part of you or ArtistWarehouseOnline to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
These Terms and Conditions contain the whole agreement between you and ArtistWarehouseOnline and no other warranty or undertaking is valid, unless contained in this document between the parties.
A copy of the ECT Act is available at http://www.internet.org.za/ect_act.html