TERMS AND CONDITIONS – CREATIVE HANDS – ONLINE SHOP
By accessing and using the Creative Hands (“The Company” website (www.creativehands.co.za et al “The website”), the User “The Customer / User / Website Browser” 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 Creative Hands (Owner).
By using this Website or communicating with Creative Hands 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 use of any product bought from this Website is at the purchaser’s risk. The purchaser/ user indemnifies and holds Creative Hands harmless against any loss, injury, or damages that 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 Creative Hands 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. Creative Hands undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold. Creative Hands 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.
Subject to stock availability with suppliers and receipt of payment, requests will be processed within 10 days and handed over to a courier company for delivery. For very remote areas not serviced by standard couriers Creative Hands will deliver via a courier company, or to the nearest town to the User that is accessible a courier within their normal routes. In rare cases, an additional delivery fee may be charged at the sole discretion of Creative Hands where additional costs are incurred in order to facilitate delivery to certain outlying areas. An additional Delivery Fee of R120 will apply for courier deliveries to retail premises. Creative Hands will supply all goods to the delivery company in good order and will ensure that goods arrive at the User’s chosen delivery address in the same good order. Canceled orders on the e-commerce facility will be refunded after deduction of a 15% charge for administration costs. Creative Hands 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 our strict standards. Should we exercise this right, the User will receive a full refund with no deductions. Where delivery has been attempted unsuccessfully on more than two occasions and the client has not been able to accept delivery, Creative Hands reserves the right to levy a delivery fee equivalent to the Door to the Door Courier fee. Goods will not be released/delivered until the fee is received
Creative Hands also offers a Free Collection or Drop-off service option in the Amanzimtoti area with postal code 6529 – To make use of this facility, select or fill with an address in the Amanzimtoti or 6529 postal code area during checkout, delivery to other parts of South Africa is R120 Creative Hands have the right to change this amount at any time. You may collect your order once you receive a confirmation and delivery note from Creative Hands. Please present your delivery note when collecting – No stock will be released without the delivery note. Additional items may be added to a free collection order but the order will be modified, and, if applicable, a payment request for the difference in courier of the balance of the order will be issued. These items will not be released until payment is received. Returns / Refund Policy if you have used a product and found it to be damaged or faulty we will collect the product at our expense and either replace, refund or repair the item, depending on the circumstance. We reserve the right to charge a 10% administration fee for returned orders should the returns process incur significant administration expenses. In all cases of refund, the merchant acquisition fee will be deducted from the same, except if the order value is below R350. Refunds for orders below R350 are made ONLY in the form of an online voucher/store credit. A voucher will be issued by email, valid for 12 months from the date of refund. Orders over R350 may be refunded to the original payment source or a nominated (in writing) bank account – any merchant acquisition fees will be deducted from the refund value. Our merchant acquisition fees range between 2.3% – 5.5% depending on the method used (not applicable to direct EFT transfers). Export restriction
The offering on this website is available to South African clients and delivery addresses only.
Payment may be made via Instant Eft, Credit & Cheque Card, Debit Card, Masterpass, Zapper, SCode voucher using the secure Payfast payment system.
Credit card acquiring and security
Credit card and Instant EFT transactions will be acquired for MBC Products via Payfast (Pty) Ltd. Payfast 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.payfast.co.za to view their security certificate and security policy. 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).
Updating of these Terms and Conditions
Creative Hands reserves the right to change, modify, add to 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 www.braaishop.com. 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
Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by 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, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright Creative Hands, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and are protected by South African and international copyright laws. Creative Hands reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any time and without notice. All rights in and to the Content are 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.
MBC Products Logo/device is a registered trademark of MBC Products.
Limited License to General Users
Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited, and revocable right to access, display, use, download, and otherwise copy the current and future Content for personal, non-commercial, and information purposes only. This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider. The license does not allow the User to collect product or service listings, descriptions, or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose Creative Hands Website or the Content nor any part thereof without the express written consent of Provider. Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers on the Website. Provider and the Owners, their affiliates, or subsidiaries reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion. Any unauthorized use terminates this license.
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 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 browsing
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’s 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. Creative Hands uses this information to determine the use of the Website, and to improve content thereon. Provider assumes no obligation to protect this information and may copy, distribute, or otherwise use such information without limitation. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from http://www.polity.org.za/attachment.php?aa_id=3569
Choice of Law
This Website is controlled, operated, and administered by the 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 Johannesburg 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 Creative Hands and the User with regard to the use of the Content and this Website.
Where an order has fallen outside of SLA, or other issues have been experienced, the same should be escalated to Creative Hands Head Office using the form on the Contact page. Creative Hands owns and operates a national network of independently owned franchises. A ticket will be logged on our system, and a reference number will be provided. Kindly use this reference number in all correspondence relating to the escalation going forward.
Please allow up to 48 hours for remediation, following which alternate remedy may be sought in line with the South African Law relating to consumers and retail businesses. Creative Hands reserves its right to take legal criminal and/or civil action with the cost of suit against social media, consumer complaint platforms et al, and against the poster/surfer/customer where complaints posted have not been escalated correctly, and a reasonable time has not been allowed to remedy same.