Terms and Conditions
Terms and Conditions
Malankotzephotography.com(Hereinafter referred to as Malan Kotze Photography) is an online store that stocks certain products (fine art prints) which are source from locally and all over the world. We manage the entire process from the procurement through to the delivery of products to individuals within worldwide.
We will try to ensure that we keep adequate stock of all products offered, but due to the nature of our business, there may be a shortage of stock from time to time.
Every effort is made to effect shipment of your order timeously however, if there are unforeseen circumstances, which may cause a delay Malan Kotze Photography will contact you and provide a revised delivery timeframe. Malan Kotze Photography reserves the right to cancel your order should the product be out of stock.
Use of Site
You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
Our Rights
We reserve the right to:
- Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- Change these Conditions from time to time and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
- We will use our reasonable Endeavour’s to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
- All prices are subject to change without notice. All prices are subject to exchange rate fluctuation.
- Pictures are for illustrative purposes only and may differ from actual product.
Privacy Policy & Use of Your E-mail
We are committed to protecting your privacy. This privacy policy applies to all the web pages related to this website.
All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other that which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.
The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyse trends, and administer the Site. We may need to change this policy from time to time in order to address new issues and reflect changes on our site. Please refer back to this policy regularly. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes.
None of the information will be sold or made available to anyone. We will take all measurable steps to ensure that your details remain confidential at all times.
If you have any questions or concerns about our privacy policy, please send us an E-mail. By using this website, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not register on our site.
Cookie/Tracking Technology
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
Third Party Links
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
Delivery Policy
When you “click” to make a purchase with us, a legal obligation arises and your right to refund of monies paid in any way agreed by us are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree to all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any product or service through this website. If you have any queries please contact us before making any purchase for any service through this website. We are not responsible for delayed deliveries caused by any problems which may arise due to the importation of goods.
We will make every effort to dispatch all parcels within one business day. The indication of delivery time days is based on weekday, with weekdays running from Monday to Friday and excludes public holidays. The Courier Company will only collect from Malan Kotze Photography on weekdays from Monday to Friday. Items should be dispatched in 2-3 days. All options have tracking facilities. Shipping confirmation and tracking numbers will be sent out the day after the shipment was made. Due to the relative low value of most shipments, parcels are sent uninsured. If you want your parcel insured, please choose the collection option and arrange your own courier.
Further to this, if delivery is made and you are not available at the address and/or your phone number is not working – resulting in the shipment been returned to Malan Kotze Photography – the customer will be liable for shipping costs due to non-delivery.
Order processing will not begin until we receive a confirmed order and full payment reflects in our bank account.
Warranty, Returns and Refunds Policy
Malan Kotze Photography warrant all products to be free of defects at time of shipping. All products are subject to the manufacturer’s warranties and as such Malan Kotze Photography will honour such warrantees.
Prior to returning faulty products, you agree to contact us first so that we can provide you with the necessary details to affect the return.
In the unlikely event that a product should become faulty during the warranty period, the product may be returned in order to effect repair or replacement.
The manufacturer or its official distributing agent will at their sole discretion determine if the repair or replacement can be honoured under the terms of the warranty. Their decision is final and no correspondence will be entered into.
In terms of Section 44 of the ECT online sales can be returned within 7 days of receipt of the product. All costs for shipping of a return and the reshipping of another product to the customer will be for the account of the customer. All returned goods must be returned in their original packaging, along with all the original documentation. Only items that are in a 100% unused condition in the exclusive opinion of Malan Kotze Photography and in original undamaged packaging shall be considered for a refund. All unwanted goods are subject to a 35% restocking fee. Delivery fees will not be refunded and the cost of returning the goods will be for your account.
ELECTRONIC COMMUNICATIONS
When you visit Malan Kotze Photography or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Malan Kotze Photography or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Malan Kotze Photography and protected by international copyright laws. All software used on this site is the property of Malan Kotze Photography or its software suppliers and protected international copyright laws.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Malan Kotze Photography is on online store who reserves the right if you are under 18, as you may only use Malan Kotze Photography with the involvement of a parent or guardian. Malan Kotze Photography reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided by Malan Kotze Photography on an “as is” and “as available” basis. Malan Kotze Photography makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. you expressly agree that your use of this site is at your sole risk. to the full extent permissible by applicable law, Malan Kotze Photography disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Malan Kotze Photography does not warrant that this site, its servers, or e-mail sent from Malan Kotze Photography are free of viruses or other harmful components. Malan Kotze Photography will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. All warranties are held with the manufacturer of the item. Neither Malan Kotze Photography nor its directors, employees, officers, suppliers, or service providers make any representations or warranties of any kind, express or implied, as to the operation of the Malan Kotze Photography website or the information, content, materials, or products included on the website. You expressly agree that your use of the Malan Kotze Photography website is at your sole risk. In no event shall Malan Kotze Photography, it’s directors, employees, officers, or its suppliers or service providers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the use of the Malan Kotze Photography website, our services or this agreement (however arising, including negligence). The liability of Malan Kotze Photography, its directors, employees, officers, suppliers, and service providers to you or any third parties in any circumstance is limited to R4000.00.
Location Rights
By accepting the terms and conditions you agree that on submission/processing of your online credit card payment Malan Kotze Photography may verify your geographical location through GSM Network technology. You therefore warrant that the mobile number entered on your account is correct and that you are the legal owner. This acceptance will be deemed as written consent (as set out in section 12 of the ECT Act) to have information relating your location to be made available to Malan Kotze Photography.
Coupons
Malan Kotze Photography only allows the usage of one coupon during checkout.
GENERAL
Malan Kotze Photography grants you a limited license to access the Malan Kotze Photography website, however any changes to the site, without prior notice and written consent are not allowed. This license does not permit any resale or commercial use of the Malan Kotze Photography website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Malan Kotze Photography website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Malan Kotze Photography website or any portion of the Malan Kotze Photography website, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of Malan Kotze Photography. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Malan Kotze Photography and our affiliates without prior written consent. Malan Kotze Photography does import certain items from reputable global land based and e-commerce retailers into South Africa, on a parallel basis for consumers’ benefit. Malan Kotze Photography will support the customer/ purchaser in terms of warranty and after sales service as per our standard terms and conditions, which relate directly to the specific vendor overseas the product/s were sourced from. The authorised South African distributor of these products is under no obligation to honour the manufacturer’s guarantees/warranties or to provide after sales service. Consumers may not be entitled to any rights, including any rights for repair or replacement against licensed dealers of the product or the manufacturer. In some cases, parallel imported products may offer no guarantee. Should you have any questions or concerns in this regard please contact us via e-mail at the indicated address on the contact us page.
