Terms and Conditions
Please read these terms carefully from before using this website.
- Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Imagine Creative Services & Digital (Pty) Ltd trading as Elitana Sibanda’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
- The term ‘Imagine Creative Services & Digital (Pty) Ltd trading as ‘Elitana Sibanda’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 6th Floor, Hill House, 43 Somerset Rd., Green Point 8005, Cape Town, South Africa. P.O.Box 50506 Waterfront 8002, Cape Town, South Africa. Our company registration number is 2002/008869/07 and place of registration Cape Town, South Africa. The term ‘you’ refers to the user, or viewer of our website.
Overview:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of South Africa
Restrictions of use:
- In consideration of being allowed to use the Website, you agree that the following actions shall constitute a material breach:
- Collecting information about the Website or users of the Website without our written consent;
- Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained in the Website, without our written consent.
- Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or any portion thereof;
- Accessing or using the site for commercial or competitive purposes;
- Disguising the origin of information transmitted to, from, or through the Website.
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Allowing any other person or entity to impersonate you to access or use the Website;
- Using the Website for any purpose in violation of local, state, national, international laws
- Using the Website in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others
- Circumventing any measures implemented by us aimed at preventing violations of the Terms of Use.
Use of third party links:
We may from time to time provide links and pointers to Internet sites maintained by third parties (“third party sites”) and it may from time to time provide materials from third parties on this Web Site. These third party sites and any third party materials are provided for your convenience only. We do not operate or control in any respect any information, products or services available on these third party sites and we are not responsible for their content. We make no representations whatsoever concerning the content of these sites and the fact that we provided a link to such sites is NOT an endorsement, authorization, sponsorship, or affiliation with respect to such sites, its services, the products displayed, its owners, or its providers. You access these sites at your own risk.
Disclaimer:
- There are certain risks in using any information, software, or products found on the Internet; and we caution you to make certain that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.
- Visitors to this Web Site assume all responsibility and risk for the use of this Web Site. Information published on this Web Site is provided without charge as a convenience to visitors, to be used for informational purposes only.
Communication & Submissions:
- All personal data transmitted to this website over the internet pursuant to placing an order, logging in or registering an account, such as name, e-mail address, physical address, telephone number and payment information, shall be treated as confidential information.
- However, any communications or other materials which you submit to this website comments sections in this website (including, but not limited to, e-mails, reviews or other postings relating to products, experiences, suggestions or other subject matter) will be treated as non-confidential and non-proprietary Submissions.
- All Submissions made to public areas, such as product reviews, are not subject to our Privacy Policy.
- You may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam.
- You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content.
- We hereby reserves the right (but not the obligation) to remove or edit content for any reason at its sole discretion.
- By transmitting or posting any Submissions to this web site you grant us and our affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use the content of such Submissions for any purpose, including, but not limited to, the rights to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
- You also grant us and our affiliates and sublicensees the right, at their sole discretion without obligation to do so, to use the name that you submit in connection with such content.
- You further agree that the license granted herein includes all of the rights to use or authorize the use of any ideas, concepts, know-how or techniques contained in such Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services incorporating such information.
- You represent and warrant that you own or otherwise control all of the rights to the content of your Submissions; that the content is accurate; that use of the content you supply does not violate any terms of this User Agreement and will not cause injury to any person or entity; and that you will indemnify us and our affiliates for all claims resulting from content you supply. You agree that neither us nor its licensees will be liable to you for any use of any Submission. we have the right but not the obligation to monitor and edit or remove any activity or content.
- You acknowledge and agree that you are solely responsible for any Submissions you submit to this web site and further agree that you, not us, have full responsibility for the content of any such Submissions, including their legality, reliability and appropriateness
Payment Policy:
- Payment needs to be made in full before the sculptures will be sent to the delivery address.
- An invoice will be sent to you which will include the sculpture cost, 14% VAT, delivery and insurance price.
- The invoice will be sent from Imagine Creative Services & Digital (Pty) Ltd
- The invoice will have our banking details.
- A copy of our Terms and Conditions will be attached.
- Upon payment you need to send us the ‘Proof of Payment’ receipt to chris@imagine-creatives.com
- You need to send us via email or fax a signed copy of our Terms and Conditions.
Return policy:
Condition of Artwork Pieces:
By purchasing items featured in this website you accept that you have informed yourself to the fullest in terms of their condition and accept that there can not be a claim made against us if disappointed in any way as to the condition of the artwork pieces. However, should the artwork piece arrive damaged, then please follow our claims procedure below.
Damaged Good Claims Procedure:
- Once an art piece has been received, and you find the artwork damaged in any way, then please send us several clear photographs of the damage, a written report from your local art repair dealer and a quotation from them to repair the artwork piece. Notify us in writing within 7 days of receiving the goods.
- If the artwork piece is damaged beyond repair you may request for compensation. The artwork piece needs to be sent back to us at your expense within 7 days of receiving it. Also, send us several clear photographs of the damage and a written report. Notify us in writing within 7 days of receiving the goods.
- We file the claim with our insurers and once they have paid us out in full we will reimburse you for the amount you purchased less our shipping cost plus excess of 2% of the value of the item with a minimum amount of R1,500-00
- The procedure can be lengthy and the insurance company may require more information from you to complete their assessment.
- Throughout the process we remain in contact with you via email with regular updates.
B. Unwanted goods:
We do not offer cash-back, or credit against receiving unwanted goods. We advise you inform yourself fully before making any purchase on this website. If in any doubt about any product, you are welcome to FIRST contact us via, email, telephone, mobile or fax. View our contact details here: