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Terms and Conditions

Use of the Website

These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the The Ink Room’s (“the Provider”) website located at the domain name www.theinkroom.co.za (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute content obtained on the Website for marketing and other purposes without the consent of the Provider. The User may only use this site to browse the content, make legitimate purchases and will not use the Website for any other purposes, including without limitation, to make any speculative, false or fraudulent purchases. The Website and the content provided in the Website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited. Unauthorized use of the Website and/or the materials contained on the Website may violate applicable copyright, trademark or other intellectual property laws or other laws.

The User may not misuse this Website. The User may not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the service provided by the Provider on the Website (“the Service”); corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Website. Breaching this provision would constitute a criminal offense and the Provider will report any such breach to the relevant law enforcement authorities and disclose the User’s identity to them.

Electronic Communications

By using the 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.

Disclaimer of Warranty

The contents of the Website are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose, non-infringement, compatibility, security and accuracy.

The Provider, the owner of this site, the authors of these contents and in general anybody connected to the Website in any way, from now on collectively called “Providers”, further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers will not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.

The Provider will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to the User’s use of this Website or due to the User’s downloading of any material posted on it, or on any website linked to it.

The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

The User acknowledges and agrees that the sole remedy for dissatisfaction with the Website shall be to stop using the Website and/or terminate their account.

Indemnity

The User hereby agrees to defend, indemnify, and hold harmless the Provider, its staff and its members, affiliates, partners and distributors from and against any and all claims, liabilities, causes of action, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with their access to or use of the Website, any actions or activities in connection with the Website, any actions or activities in connection with their account, the violation of these terms, or the violation of any of the Terms and Conditions, or the violation of any other terms and conditions of any other agreements or terms to which the User is bound with the Provider. The User agrees that the Provider may at any time, and without notice, suspend or terminate the User’s access to the Website if the User fails to comply with the Terms and Conditions or any applicable law.

Our Rights

The Provider reserves the right to:

  1. modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to the User and the User confirms that the Provider will not be liable to the User or any third party for any modification to or withdrawal of the Website; and/or
  2. change these Terms and Conditions from time to time, and the User’s continued use of the Website (or any part of) following such change will be deemed to be your acceptance of such change. It is the User’s responsibility to check regularly to determine whether the Terms and Conditions have been changed. If the User does not agree to any change to the Terms and Conditions then the User must immediately stop using the Website.
  3. use their reasonable endeavours to maintain the Website. The Website is subject to change from time to time. The User will not be eligible for any compensation because the User 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 the Provider’s control.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with the Provider and the User should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Provider.

Branding on Products

The Provider reserves the right to include branding and or web address details on any or all products. This branding may not necessarily be displayed in the images published on the Website. The User acknowledges that the images on the Website may not be 100% accurate representations of the final product.

Order processing

Order processing will not begin until we receive a confirmed order and full payment.

  • The contract

In order to contract with the Provider the User must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to the Provider and the Provider retains the right to refuse any request made by you. When the User place an order, the User will receive an acknowledgement e-mail confirming receipt of the order: this email will only be an acknowledgement and will not constitute acceptance of the order. An agreement between the User and the Provider will only be formed when the Provider send the User confirmation by e-mail that the goods the User ordered, have been dispatched to the User. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the agreement concluded. The User creates an account on the Website by registering their name, providing information about them and creating a username and password. When placing an order the User undertakes that all details provided to the Provider are true and accurate, that the User is an authorised user of the credit or debit card used to place the order and that there are sufficient funds to cover the cost of the goods. The User is responsible for safeguarding the confidentiality of their username and password. The User hereby agrees not to disclose their username and/or password to any third party. The User hereby acknowledges and agrees that he/she is solely responsible for any activities or actions taken or made under his/her account, irrespective of whether or not such activities or actions have been authorised by him/her, and the User undertakes to notify the Provider immediately if he/she believes that his/her user name and/or password has become known to any other person or the User becomes aware of any unauthorised use of their account. The Provider will not be liable for any loss or damages sustained by the User or any third party as the result of any unauthorised use of their username, password, credit card or otherwise. The User agrees and warrants that they will implement and comply with the above procedures. The Provider reserves the right to withdraw user names and passwords at any time without notice and in their sole discretion including but not limited to instances where they have reason to believe that such user name and password have been compromised and/or used by any person or organisation other than the User.

  • Pricing and Availability

Whilst the Provider tries and ensures that all details, descriptions and prices which appear on the Website are accurate; errors may occur. If the Provider discovers an error in the price of any goods which the User has ordered, the Provider will inform the User of this as soon as possible and give the User the option of reconfirming the order at the correct price or cancelling it. If the Provider is unable to contact the User, the Provider will treat the order as cancelled. If the User cancels the order and has already paid for the goods, the User will receive a full refund.  The User will have no claim against the Provider for the cancellation of the order.

The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

  • Payment

Upon receiving the order the Provider carries out a standard authorization check on the User’s payment card to ensure there are sufficient funds to fulfill the transaction. The User’s card will be debited upon authorisation being received. The monies received upon the debiting of the User’s card will be treated as a deposit against the value of the goods the User wish to purchase. Once the goods have been dispatched and the User has been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods purchased as listed in the confirmation email.

When the User selects to make a purchase with the Provider on the Website, legal obligations arise and the User’s right to refund of monies charged to their credit card or paid in any other way, are limited by the Terms and Conditions. Once payment is made for the purchase, it is deemed that the User has read and understood the Terms and Conditions for such purchase. If the User has any queries or uncertainties, the onus is on him/her to contact the Provider before making any purchase for any service through the Website.

  • Payment options accepted

Payment may be made via

PAYGATE – Visa and MasterCard credit cards

or

by EFT (electronic fund transfer) – please use the order number in the reference line for the payment

or

direct bank deposit (please email the proof of payment to nadine@theinkroom.co.za to ensure the payment is confirmed and order delivered as quickly as possible.)

into the Provider’s bank account, the details of which will be provided below:

The Ink Room
First National Bank
Cheque account
Account number:  62635395595
Branch code:  250655

For more information about how to order, special order requirements and other payment options, please contact the Provider on 071 883 3401/076 947 0422 or email nadine@theinkroom.co.za/annami@theinkroom.co.za

  • Credit card acquiring and security

Credit card transactions will be acquired for the Provider via PayGate (Pty) Ltd who are the approved payment gateway. PayGate is a licensed System Operator with the Payments Association of South Africa (PASA). PayGate is fully PCI compliant and uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

  • Customer details separate from card details

Customer details will be stored by the Provider separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za

  • 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 Policy

Subject to receipt of payment, requests will be completed within 7 to 21 days (depending on capacity) and delivery confirmed by way of e-mail.  (for e.g. order number / booking voucher etc.).

Every effort is made to effect delivery of the order timeously however unforeseen circumstances may cause delays. Should delays be expected the Provider will contact the User via email and provide a revised delivery schedule.

The Provider will supply all goods to the delivery company in good order. The Provider will not be held liable for the condition of goods arriving at the User’s chosen delivery address.

Please ensure the correct delivery address is provided from the outset as title and risk will pass to the User if the goods could not be delivered at the chosen delivery address.

The Provider will not be held liable or responsible for any delayed or non-delivery by the SA Post Office. Users electing delivery by registered mail through the Post Office do so at their own risk.

Delivery options:

  1. Registered post (at User’s own risk) that will cost R50 per parcel.  Registered packages need to be collected by the User from the closest post office. The Provider will send the User a tracking number once the parcel has been posted. Parcels can be tracked by logging onto the South African Post Office:  www.sapo.co.za or phoning 0860111502.
  2.  The Provider’s courier will deliver the parcel to the User’s door should he/she elect to do so. All orders delivered by courier require a daytime address where someone can sign for the parcel on delivery. The courier service to Cape Town, Bloemfontein, Durban, East London, George, Johannesburg, Port Elizabeth and Pretoria are R81 overnight (2kg) and outlying areas will incur an extra charge, depending on location. The Provider will still take 7 – 21 days to dispatch your order (depending on capacity) to process your order.
  3. Postnet to Postnet:  R100 taking 2-3 days for delivery.
  4. Collect from The Ink Room’s office

32 Tulbagh Street
Kenridge
Durbanville
7550

Call 071 883 3401 to make arrangements.

  • Undeliverable packages

Occasionally packages are returned to us undeliverable. Should this event take place every attempt will be made to contact the User to make arrangements for re-delivery.

Return and Refunds policy

No refunds are possible once orders have been confirmed via e-mail. Cancelled orders on the e-commerce facility will be refunded after deduction of a R100 charge for administration costs, taking in consideration that cancellation took place before confirming the order via e-mail.

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 within 30 days with no deductions.

The Provider operates a complaints handling procedure to try to resolve disputes when they first arise; please let the Provider know if there are any complaints or comments.

Monitoring

The Provider has the right, but not the obligation, to monitor any activity and content associated with the Website. The Provider may investigate any reported violation of these Terms and Conditions or complaints and take any action that they deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to the User’s access and/or removing any materials from the Website).

Country of domicile

The Terms and Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that the Provider has the right, at their sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Consent

The User understands that all the designs and trademarks are registered to the Provider and hereby accepts the Terms and Conditions. The User undertakes not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understands the legal implications thereof. Should the User be found to be in violation of the Terms and Conditions, the User will be held liable for all legal costs incurred by the Provider for any civil action or any legal action deemed necessary against the User.

Responsibility

The Provider takes responsibility for all aspects relating to the transaction including sale of goods and services sold on the Website, customer service and support, dispute resolution and delivery of goods.

Company information

The Website is run by a private company based in South Africa trading as The Ink Room and with registration number 2016/365427/07.