Terms & Conditions
Introduction
· These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
Important Notice
· These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
· These Terms and Conditions contain provisions that appear in similar text.
· Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
· If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Odian to explain it to you before you accept the Terms and Conditions or continue using the Website.
· Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation created for either you or Odian in terms of the CPA.
· Odian 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.
Returns
· Please refer to our Returns Policy for more information about cancelling orders after delivery, and about returns (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
· 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.
Use of the Website
· NOTE: Odian will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and Odian come into effect (the “Sale”). This is regardless of any communication from Odian stating that your order or payment has been confirmed. Odian will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
· Orders may not be cancelled after receipt of payment of the Goods by Odian. After dispatch of your Goods, you may cancel the Sale only in accordance with the Returns Policy.
· Placing Goods in a shopping basket without completing the purchase cycle does not constitute 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 Odian liable if such Goods are not available when you complete or attempt to complete the purchase cycle at a later stage.
You acknowledge that stock of all Goods on offer is limited. In the case of Goods for sale by Odian, Odian 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. When Goods are no longer available after placing an order, Odian will notify you and you will be entitled to a refund of the amount paid by you for such Goods.
Payment
· We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
· Payment can be made for Goods via -
(Credit card: where payment is made by credit card, we 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 order for 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 because of the services used on the Website.
· Instant EFT via Payfast.
· You may contact us via email at social@imageatwwork.co .com to obtain a full record of your payment. We will also send you email and SMS communications about your order and payment.
· Once you have selected your payment method and 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.
Delivery of goods
· Odian offers one method of delivery of Goods to you, which is via courier.
· Please see details of our delivery and shipping terms and conditions in our FAQ: Shipping Information, which is incorporated by reference.
· Some items (heavy or large, based on volumetric weight) may carry additional delivery fees. These additional fees are included in the delivery cost upon checkout. Additional delivery volumetric costs are broken down below:
· Where it accepts your order, Odian will deliver the Goods to you as soon as reasonably possible, but no later than 15 (fifteen) 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 cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
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 – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
· Changes to these terms and conditions
· Odian may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, 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 amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
Electronic communications
When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 10 above.
Ownership and copyright
· The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trademarks, 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 trademark law. The Website Content is the property of Odian, its advertisers and/or sponsors and/or is licensed to Odian.
· 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 0117915354 or e-mail social@imageatwork.co
· Where any of the Website Content has been licensed to Odian 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.
Disclaimer
· 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 Odian takes reasonable measures to ensure that the content of the Website is accurate and complete, Odian 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.
· Odian 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.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, Odian 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 Odian, its employees, agents or authorised representatives. Odian thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.
Limitation of liability
Odian 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 wilful misconduct of Odian, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to social@imageatwork.com or by contacting 011795354.
ODIAN 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 ON THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE 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.
· Odian may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Odian will not be liable to you if 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.
· Odian is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website, the Return Policy.
· Odian is not liable for any loss or damages suffered by you because of any actions taken by Odian in terms of clause 18.
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.
General
· Odian 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.
· Any failure on the part of you or Odian 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 Odian and no other warranty or undertaking is valid, unless contained in this document between the parties.