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Terms & Conditions

Terms & Conditions

Customer relationship terms

(general terms relating to the use of this Website and the provision of goods or services)

Version number:  1.0

 

Introduction

 

These Terms are the general terms of the relationship between Creative Space CC and you. These Terms cover the use of this Website, including any of our other marketing material. By visiting and using this Website, you accept and agree to these Terms. These Terms also cover any transactions (including any transaction carried out electronically using a computer or network, or in person) where we provide you with Goods or Services. The commercial terms of any transaction between us will be contained in an Order that will incorporate these Terms. The Order will prevail if there is a conflict of meaning. Nothing in these Terms obligates either party to enter into any Orders. 

Remember that you must always comply with the Agreement. If you do not understand any terms, you must ask someone to explain them to you.

These general terms and any specific terms, form an agreement between you and us, so please make sure that you understand all of them.

Important terms that may limit our responsibility or involve some risk for you may be in bold and italics. You must pay special attention to these terms.

 

Definitions and Interpretations:

 

Definitions: We have given the meanings of some words to be consistent. These words usually begin with a capital letter. Singular words include the plural and the other way round:

Affiliate” means any parent company, subsidiaries, joint ventures, or other companies under a common control; 

"Agreement" means the agreement between you and us, consisting of these Terms and any Orders the parties enter into; 

Customer” or “you” means any person who visits this Website or concludes an Order;

ECT Act” means the Electronic Communications and Transactions Act 25 of 2002;

Effective Date” means in respect of each Order, the effective date stipulated in each Order, in the absence of which it will be the date the Order is accepted by us;

EULA” means an end user license agreement;

Fees” means the fees, charges, or purchase consideration that you will pay to us in respect of Goods and Services provided by us under Orders;

Goods” means any goods we provide to you, under Orders;

Order” means a goods or services order agreed to and signed by both the parties describing the specific Goods or Services to be provided by us to you; 

Services” means any services we provide to you, under Orders;

Sign” means the handwritten signature or advanced electronic signature of the duly authorised representative of a party;

Signature Date” means the date of signature by the party signing last;

"Terms" means these terms, consisting of:

    these terms; and

    any other relevant specific terms, policies, disclaimers, rules and notices agreed between the parties, (including any that may be applicable to a specific section or module of this Website or any specific Goods or Services);

we” or “Creative Space” or “us” means the Creative Space CC (Registration Number:  1987/027840/23 identified on this Website;

Website” means this Website, located at www.cspacestore.co.za

Writing” means any mode of reproducing information or data in physical form and includes hard copy printouts, handwritten documents, fax transmissions, but excludes information or data in electronic form.

 

Definitions in the Order: Words defined (or assigned a meaning) in the Order will have that meaning in these Terms, unless the context clearly indicates otherwise.

 

Interpretation: The singular includes the plural and the other way around.  Any gender includes the other gender.  Natural persons include corporate or unincorporated bodies, and the other way around. The headings of the clauses are only for information. Do not consider them when you interpret the document.

 

Conflict: If there is a conflict of meaning between these terms and any other relevant specific terms, policies, disclaimers, rules and notices agreed between the parties, the specific terms will prevail in respect of your use of the relevant section or module of the Website or Goods or Services. 

 

Term: These terms commence on acceptance and continue until terminated.

 

Use of this website:

 

License to use this Website: We grant you a limited, revocable license to use this Website subject to the Agreement.  Any person wishing to use this Website contrary to the Agreement must obtain our prior written consent.

 

Modify: We may modify, suspend, or discontinue providing this Website or any Goods or Services (with or without notice) and will not be liable.

 

USER ACCOUNTS

 

Passwords and Security: Only a registered or guest Customer can make offers. You are responsible for keeping your password secure.  You are solely responsible and liable for activities that occur under your account. You authorise us to act on any instruction given under your account, even if it transpires that, someone else has defrauded both you and us, unless you had notified us prior to us acting on a fraudulent instruction.

 

 

Customer Accounts: Customer accounts registered by bots or other automated methods are not permitted. You must provide your full legal name, a valid email address, and any other information requested in order to complete the registration process. One person may only use each login - we do not permit multiple people to share a login.

Deactivation or deletion by Customer: You may deactivate or delete your account, for any reason.

 

Orders:

Invitation to do business. The marketing of the Goods or Services by us is merely an invitation to do business or for you to make an offer to procure Goods or Services. The parties only conclude a valid and binding Order when we accept the offer made by you. Unless proven to the contrary, we only accept an offer relating to Goods, when we ship the Goods. If only part of the Goods relating to an offer is shipped, we only accept that portion of the offer.  Unless proven to the contrary, we only accept an offer relating to Services, when we begin providing the Services. We may accept or reject any offer. If we do not accept any offer, then we will refund any monies already paid by you.     

 

Fees: Despite our best efforts, the stated Fees may be incorrect. We will confirm the Fees for any Goods or Services when we accept the offer.

Third party terms: If a third party supplies or delivers any Goods or Services directly to you, third party terms or conditions may apply. You are solely responsible to ensure you understand and agree to those terms.

Time and place.  The parties conclude any agreement between them at the time when our duly authorised representative accepts the relevant offer and at the place where we have our head office.  We do not need to communicate the acceptance of the offer to you.

 

Orders.  The Terms in effect at the time you make an offer will govern the Order.   Each Order will create a separate agreement.  

 

Manufacturing. Manufacturing of your custom order will only commence upon confirmation of receipt of your deposit or invoice in full. Please remember to either fax or e-mail your proof of payment to ensure order activation. This means that If you pay by cheque we will have to wait 10 working days for it to clear before commencing manufacturing of your order. SMS notifications are not bank guaranteed and not acceptable as “proof of payment”.

Stock availability. We may not always have the Goods on which you make offers in stock.  You may cancel the offer or make another offer on the part of the Goods that are in stock.  

 

Capacity of the vendor: Each Customer represents and warrants that it (and any person who places an Order on the Website):

    is old enough under applicable law to enter into the Agreement; 

    is legally capable of concluding any transaction;

    possesses the legal right, full power, and authority to enter into the Agreement;

    is authorised to use the password required for any account; and 

    Will submit true, accurate and correct information to us and this Website.

If you are younger than 18 years of age, you warrant that, you have the consent of your legal guardian to enter into the Agreement or that you have obtained legal status in another manner.

 

Goods

 

Sale: We sell to you the customer who purchases the Goods on the terms of the Agreement.   

 

Shipping and packing: We will display all available shipping options and charges before you complete your purchase unless you are located in a regional area in which case we will obtain a custom quote.  Unless otherwise agreed in writing, we will select the specific mode of shipment of the Goods and the cost of shipment will be for your account unless covered by "free shipping". We will pack the Goods in accordance with our packaging specifications for the Goods and the cost of packaging will be included in the Fees.

 

Time until dispatch: Once we receive an offer, we will endeavour to dispatch the Goods as soon as reasonably practicable which is usually within 48 business hours (but may be longer than 30 calendar days) to the address specified in the offer. We will try to adhere to the estimated delivery dates and will advise you of any expected delays but accept no liability for failing to do so. You may not withdraw any offer due to a delay in delivery unless we agree so in writing.  

 

Risk and ownership: All risk of loss or damage to the Goods will pass to you upon physical delivery of the Goods to your delivery address. Ownership in the Goods will only pass to you upon the payment in full of the Fees.

 

Assembly: Some Goods will require assembly upon delivery. If you have not contracted our installation service, you are responsible for the assembly of any Goods. We cannot be held liable for the incorrect assembly of any Goods by you or any third party.

 

Third party goods: Some Goods sold on the website are manufactured by third parties. When you purchase these items we act on your behalf with these manufacturers. These goods are shipped directly from the manufacturers, and while we cannot be held liable for any defects or any manufacturer faults we will endeavour to assist you with any claims or disputes you may have with the manufacturers.

 

Inspection on Delivery: Please note that all deliveries need to be inspected upon arrival and any shortcomings or damages need to be reported within 48 hours. Any other issues with your Goods (including workmanship flaws) must be reported within 7 days of delivery.

We will take no responsibility for; 

    any Goods ordered incorrectly or, 

    any Goods ordered that turn out to be unsuitable for the intended needs of the customer, unless the need or purpose of the Goods has been expressly told to us. 

    any Goods damaged after delivery

 

Unclaimed Goods: Any Goods left unclaimed for a period longer than one month in our possession will be sold to defray costs.

 

Unfinished Goods: Any Order that is left uncompleted for a period of more than 3 months due to Customer's negligence will be terminated and closed. Any parts will be sold to defray costs.

 

Services: We will provide the Services to you at the service levels agreed to in an Order.

 

Fees and Payment

 

Due Dates: Payments must be made promptly on the Due Date, without any deduction, set off or demand and free of exchange in the currency specified in the Order.

 

Manner of payment: Payment must be made in the manner specified in the Order.

 

Deposits: A minimum of a 50% deposit is required to place an order with a manufacturing lead time. Made-to-order products are manufactured especially for you to ensure quality goods. Your balance of the payment will be required once your order has been completed before we ship your goods.

 

Late payments: The additional surcharges and penalties specified in the Order will apply to any payment received after the Due Date to cover collection fees and additional administration costs. You must pay the surcharges and penalties to us on-demand. We may withhold or remove any Goods or halt the provision of any Services until you have paid all amounts that are due.

 

Interest on overdue amounts: Any amount not paid by you on the Due Date will bear interest for our benefit, from the Due Date until the date you pay it. The rate of interest will be either 2% above the published prime overdraft rate of our bankers or 15%, whichever is higher. A letter signed by a general, branch or other bank manager setting out their rate will be proof of the rate. Interest will be payable on a claim for damages from when the damages were suffered.

 

Appropriation: We may appropriate any payment received from you towards the satisfaction of any indebtedness you have with us under the Agreement.

 

Certificate: A certificate, signed by an accountant appointed by us, of the amount due by you and the date on which it is payable will be conclusive irrefutable proof of the correctness of the certificate’s contents.

 

Tax: All fees include any tax (including value added tax and other taxes levied in any jurisdiction), duty (including stamp duty), tariffs, rates, levies and any other governmental charge or expense payable, which will be payable where applicable by you in addition to the fees.

 

Costs to implement: Unless otherwise stated, the parties will bear their own costs to implement (or perform their obligations under) the Agreement.