WELKOM BY DIE VRYSTAAT KUNSTEFEES WOLKEWINKEL

Vrystaat Arts Festival Store trading as Wolke-Winkel Terms & Conditions

These are the terms and conditions pertaining to the domain of https://shop.vrystaatkunstefees.co.za and pertain to any and all use of the pages hosted on said domain as well as any actions and transaction.

The term of these Terms & Conditions runs for the entirety of the use of the Site and matter ancillary thereto

PART 1: DEFINITIONS

  1. "Agreement" means these terms and conditions, Vrystaat Arts Festival rules and regulations ;

  2. "Buyer" means a person, firm or company who makes a bid for, and/or purchases, any goods or services offered for sale on this Site;

  3. "Fees" means any charges which this Site charges per transaction;

  4. "Intellectual Property Rights" means all intellectual property regardless of the source of their protection and the nature thereof, anywhere in the world;

  5. "Personal information" or "Your information" means “Personal information”, “your information” or “information” are used interchangeably in this Agreement and all mean any and all information you provide to us in using this Site insofar as required for the purpose of the Site and as protected the Protection of Personal Information Act, 4 of 2013;

  6. "Platform” means the operational management of the Site;

  7. "Seller" means a person, firm, company or entity who offers for sale, or sells goods or services on this Site;

  8. "Services" means the online sales by which a person, firm or company may sell or buy goods or services on this Site;

  9. "Site" means the entire domain relating to the online market platform of the Vrystaat Arts Festival currently hosted at https://shop.vrystaatkunstefees.co.za

  10. "user" or "users" means any Buyer or Seller, or someone who is otherwise making use the Site;

  11. "VAT" means any value added tax, or other consumption tax;
     

PART 2: LISTING

 

  1. Sellers who are approved by the Platform are to set up their relevant market space on the Platform and to submit the required information, including but not limited to -
  2. High resolution photographs of products against a white background;

  3. Public selling prices of each product; and

  4. Product descriptions; no later than 7 days following receipt of notice of approval.

  5. Sellers acknowledge that other than the Agreement and associated commission structure, the Platform does not enter into any further agreement regarding the sale of any product to any Buyer and that save for the aforementioned commission structure, as elaborated on below, the Platform is not in a contractual relationship between the Buyer and the Seller.
  6. The Platform may charge fees and/or commission on each transaction as per the individual agreements with each Seller which will be charged to the Seller and not the Buyer.

PART 3: POSITIONING

  1. The Platform does not -
    1. maintain any form of responsibility for any Users to abide by relevant legislation and/or other legalities

    2. will not transfer any information other than that which is deemed necessary to conclude the purposes of the Platform;

    3. confirm the validity of any person’s right to make use of a payment method/channel;

    4. does not confirm any detail pertaining to credit transaction on its platform including, but not limited to, credit limits;

    5. cannot and does not confirm the correctness of any payment details;

    6. act as an arbitrator in a dispute between any transaction on the Site save for instances where it expressly elects to do so;

    7. represent that it arranges and manages any form of delivery;

    8. represent that it holds any practical control of the feedback mechanisms;

    9. guarantee that the products will match their respective descriptions;

    10. guarantee any right of return;

    11. guarantee any payments;

    12. warrant the legality of any items traded though a vetting process is established;

    13. not hold itself liable for any warranties offered by any of the Users;

    14. purport to be a representative agent of any of the Users;

  1. The Platform will -
    1. reserve the right to refund Buyers if it so deems it appropriate to do so and that the relevant funds have not passed to the Seller

    2. provide Buyers with a user profile, insofar as it is deemed necessary to do so which will remain the Intellectual Property of the Platform

    3. provide Sellers with a user profile which will remain the Intellectual Property of the Platform

PART 4: SELLERS

  1. Sellers agree to -

    1. Undertake any desired credit check by the Platform and/or its agent;

    2. Maintain accurate information in terms of its use of the Platform;

    3. Avoid breach of any intellectual property of the Platform and/or third parties

    4. Warrant that they have the legal capacity and permissions to sell the relevant products on the Platform

    5. Not hyperlink and/or otherwise entice a User to make purchases external to the Site

  2. By use of the Platform, Sellers represent to the Platform and its Users that the relevant goods offered for sale on the Site –

    1. are reasonably fit for the purpose or purposes for which goods of that kind are commonly bought as it is reasonable to expect;

    2. correspond with the description that you have posted on this Site;

    3. are not defective; and

    4. are free of any external charge or other legal encumbrance such that the Buyer will be able to enjoy possession of those goods

    5. will be offered for sale, and sold, in compliance with the laws of the Republic of South Africa and with particular mention, but not to the exclusion of others, of the Consumer Protection Act, 68 of 2008

    6. are legally able to be offered for sale, and sold on this Site, and otherwise, that the offer and sale of those goods is not in contravention of any law.

  3. The platform reserves the right in its sole discretion to alter or remove any information or withdraw any goods or services offered for sale.

PART 5: BUYERS

  1. Buyers agree and warrant to the Platform as well as separately to Sellers that

    1. they have the legal capacity to purchase any goods purchased and, will not otherwise be breaching any law in purchasing those goods

    2. the purchase of any goods on this Site is absolutely at your own risk

    3. the information offered on the Site is

      1. accurate, made in compliance of all applicable laws and government regulations and up to date; and it not

      2. False, misleading, deceptive, fraudulent, in breach of any person’s intellectual property rights, forged, threatening, offensive, containing of confidential information or defamatory.

PART 6: RATINGS AND FEEDBACK

  1. Insofar as a ratings system is applicable, it may not be abused by any User to the unfair detriment of another.

  2. The ratings system is applicable for use only by Users who were engaged in an agreement of sale insofar as that sale pertains to the reviewer/reviewee in question.

PART 7: GENERAL

  1. This Agreement may be altered at any time and such posting of the altered version on the Site will constitute notice of same.

  2. Use of the Site and Platform will be consent to abide by this Agreement

  3. Any breach of this Agreement should be promptly notified

PART 8: USE

  1. It is prohibited to

    1. illegally copy, store, use, alter, modify, impair, interfere with or attempt to interfere with, or distribute software or other data;

    2. alter, damage, destroy, erase, interfere with or attempt to interfere with, or infect our files, data and other computer systems and network resources or those of other users or any other person, or access, copy, modify, remove or impair the reliability, security or operation of, any data or files or other information stored in these systems or network resources;

    3. impair the electronic communications to or from, or interfere with or obstruct the lawful use of, or otherwise cause any unauthorised computer functions to our computer systems or those of other users or any other person;

    4. engage in any practice or conduct that is unlawful under any laws applicable to you;

    5. copy, modify, or distribute rights or content from the Site, services or tools or Vrystaat Arts Festival’s copyrights and trademarks;

    6. harvest or otherwise collect information about users (including email addresses), trades listed or sales activities conducted on the Platform without the express written permission to do so;

    7. mislead others;

    8. engage in spamming, indiscriminate advertising and/or unsolicited commercial email;

    9. operate or utilise a web site or email link to web sites that contain or promote any of the following types of content: libellous, defamatory, obscene, pornographic, abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking or warez, or that offer any illegal goods or services, or link to a web site(s) that do so;

    10. place any referral links on any pages of the Site without express written permission;
       

  2. Any links or references (direct or indirect) to other web sites on this Site are provided for your convenience only and do not, and are not an express or implied endorsement by us, of those web sites, or the products and services contained on those web sites.
     

  3. The information and material contained on this Site has been prepared in accordance with the laws of the Republic of South Africa for use in the Republic of South Africa only. It may not comply with the laws of any other country. We make no representation that the information and material contained on this Site complies with the laws (including any intellectual property laws) of any country other than the Republic of South Africa. If you choose to access this Site from outside the Republic of South Africa, you do so at your own risk and will be responsible for ensuring compliance with the laws of the country in which you are located.
     

  4. All transactions between Buyers and Sellers, notwithstanding that they occur on the platform, create rights and obligations between those parties and do not bind the Platform nor owners of the Site to any further agreement.

PART 9: PRIVACY POLICY

  1. Information we collect and host –

  1. Account information based on your user profile;
    1. Consolidated information legally obtained from third parties.

    2. System and mobile information such as IP addresses; and

    3. Review information;

    4. Transactions concluded and/or in progress on the Site;

    5. Listings offered on the Site;

    6. All associated aspects detailed in the Account Information offered to the Site;

  1. We may collect certain information through technology like cookies, pixels and local storage (like on your browser or device).
    1. We may allow third parties such as advertising or analytics providers to collect information using these types of technologies directly on our Website or from our mobile application. The data that they collect is subject to the applicable privacy policy of those third parties.

  2. To provide our Services we may use the information we collect and host for the following general purposes:
  1. to provide customer services, including to create and manage user accounts, to resolve technical difficulties and to enable features;
    1. to enforce our Terms of Use including to combat fraud and abuse.

    2. to undertake research initiatives and to perform analytics to improve our services; and

    3. to contact our Users, including for service matters, customer care or permitted marketing communications via any available communications channels;

    4. to customize offers and experiences, including advertising on our properties or third parties’ properties;

  1. No information is shared to non-affiliate third parties without the express permission of the relevant User.
  2. No information is rented/sold to third parties without the express permission of the relevant User.
  3. We may share certain non-personal information (data that does not identify our users individually) with third-party service providers, trusted partners or approved researchers in order to better understand the market environment.
  4. Users may amend, access and delete all the data on their profiles at any given time save for that which is legally required to be maintained by legislation which too shall be deleted upon expiration of term following the deletion of the profile.