TERMS AND CONDITIONS

Website Terms and Conditions of Use Relating to https://www.arcandember.co.za

These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Arc and Ember (Pty) Ltd (“Provider”) website located at the domain name https://www.arcandember.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.

Last updated: (09-12-2020)

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.

E-Commerce & Privacy

The Website https://www.arcandember.co.za sells Hair Jewellery, Hair accessories and Hairpins, Prints and Artwork, Bags, Shirts and other apparel (“Goods”) online.  The use of any product or service 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. 

The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product.  Credit card details are not kept by the Provider under any circumstances.

The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

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.

Online Payment – YOCO Payment Gateway

All online credit/debit card payments are processed by the Yoco https://www.yoco.co.za/za/payment-gateway/ .  Card Holders may go to https://www.yoco.co.za/ to view Yoco’s security policies for more information. Users may also pay via EFT, or by cash on delivery with prior arrangement with the Provider.  Payments via EFT should be made within two (2) days of placing an order for Goods. Proof of Payment for EFT should be emailed to info@arcandember.co.za with reference being the User’s name and Invoice/order number for the order to be accepted.

Delivery of Goods

The Provider has 2 methods of delivery of goods to the User. You may elect the delivery of goods via courier service or self-collection. Alternatively, where arrangements have been made, the Provider may deliver the Goods to the User, subject to proximity and pre-arrangement.

The Provider’s delivery charges are subject to the use of the Courier service Provider, and may change at any time without prior notice to the User. Please contact the Provider for more information regarding delivery charges. The delivery charges are dependent on the User’s location and will be calculated upon checkout of the website for the sale of Goods. Reasonable care will be exercised by the Provider to ensure that Goods are delivered to the User as soon as reasonably possible, and should be no later than thirty (30) days of receipt of payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period, whereby the User has the right to cancel the order for Goods purchased, whereupon, the full purchase price will be reimbursed.  

The Provider’s obligation to deliver Goods is fulfilled when the Goods are delivered to the physical address nominated for delivery upon checkout of the website. The Provider is not responsible for any loss, damage, unauthorised use or theft of Goods from the Provider once it is delivered to the physical delivery address as stated on the website.

Modifications to the Service and Prices of Goods

Prices for our Goods are subject to price increases without notice. The Provider reserves the right at any time to modify the price of Goods or discontinue a product at any time without notice. The Provider is not liable for any modifications, price changes, discontinuation or changes of the Goods provided.

Goods

Some of the Goods may exclusively be available online for sale through the website. Goods are exclusively made to order although some stock may be available on hand, as required by the Provider, and as such, will be available in limited quantities. All Goods are manufactured by hand and so colours and shapes may vary from item to item, and small casting imperfections may be present from the manufacturing process. See the Refunds and Returns section above for details in the case that the User deems the product quality to not be to standard.   The Provider will make reasonable effort to ensure that quality is upheld and colours and depictions of Goods be displayed as accurately as possible.

Refunds, Returns and Exchanges Policy

The provision of goods and services is subject to availability. In cases of unavailability, the manufacture of products to order will commence and be ready within 7-15 working days. Subject to the unavailability of products due to unforeseen circumstances, the provider will refund the client in full within 30 days. Cancellation of orders by the client will attract 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 within 7 working days.

The Provider upholds a high standard of quality and wants the User to be satisfied with their purchase/s. If you are not completely satisfied with the product, you may return the Goods to us within 14 days of receipt of the Goods, whereupon we will inspect and either repair, exchange/replace or credit your account, subject to the below terms. The Provider’s Return and Exchange Policy lasts 14 days, thereafter, products received may no longer be exchanged or returned. Items on Sale will not be subject to returns or refunds.

To be eligible for returns, Goods must be returned, in same condition and with the original packaging, as received. Once returned, the Goods will be inspected and the User will be notified of the approval or rejection of the repair, exchange/replace or credit – where applicable- within 7-10 working days.

Defective or damaged Goods upon delivery may be exchanged or refunded, as requested by the User, within 7-10 working days so long as it is returned in it’s original packaging.

Defects and faults from normal wear and tear, negligence, incorrect use or user abuse, inadequate care and unauthorised modifications to the Goods and where misrepresentation of products advertised do not comply with the general intended purpose and do not suit the User, will not be regarded under this Return and Exchanges policy.  

Any complaints or suggestions regarding the standard and quality of the product/s bought by consumers through the e-commerce facility should be directed to the Manager by emailing info@arcandember.co.za, or alternatively contacting +27 73 714 1736.

Updating of these Terms and Conditions

The Provider reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Copyright and Intellectual Property Rights

The Provider provides certain information on the Website. Content currently or anticipated to be displayed at this Website is provided by the Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Programme-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content. 

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. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of the Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.

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. Provider uses this information to determine use of the Website, and to improve Content therein. The Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.

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 Witwatersrand 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. Nothing in this policy is intended to limit the User’s statutory rights in any way.

Contact Us

If you have any questions about these Terms and Conditions, please contact us.