African One Of Kind: Terms and Conditions:
Please read these terms carefully from before using this website.
The term ‘Imagine Creative Services & Digital (Pty) Ltd trading as Africa One Of A Kind’ or ‘us’ or ‘we’ or ‘(ICS&Dt/a-AOOAK)’ refers to the owner of the website whose registered office is 6th Floor, Hill House, 43 Somerset Rd., Greenpoint 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.
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
Use of third party links
(ICS&Dt/a-AOOAK) 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. (ICS&Dt/a-AOOAK) does not operate or control in any respect any information, products or services available on these third party sites and (ICS&Dt/a-AOOAK) is not responsible for their content. (ICS&Dt/a-AOOAK) makes no representations whatsoever concerning the content of these sites and the fact that (ICS&Dt/a-AOOAK) has provided a link to such sites is NOT an endorsement, authorization, sponsorship, or affiliation by (ICS&Dt/a-AOOAK) with respect to such sites, its services, the products displayed, its owners, or its providers. You access these sites at your own risk.
- There are certain risks in using any information, software, or products found on the Internet; and (ICS&Dt/a-AOOAK) cautions 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:
- 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. (ICS&Dt/a-AOOAK) 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 (ICS&Dt/a-AOOAK) web site you grant (ICS&Dt/a-AOOAK) and its 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 (ICS&Dt/a-AOOAK) and its 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 (ICS&Dt/a-AOOAK) or its affiliates for all claims resulting from content you supply. You agree that neither (ICS&D) nor its licensees will be liable to you for any use of any Submission. (ICS&Dt/a-AOOAK) has 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 (ICS&Dt/a-AOOAK) web site and further agree that you, not (ICS&Dt/a-AOOAK), have full responsibility for the content of any such Submissions, including their legality, reliability and appropriateness.
- We offer payment via Paypal.
- Credit card payments may be made via Paypal.
- EFT – You may also request a direct transfer of funds into our bank account. Our banking details are provided upon request.
Please note: We do not store, or see any of your credit cards details on our website. When you decide to make the final placement of your order, you are taken to Paypal’s secure payment environment.
- Items we sell are subject to South African export control laws and regulations, including the Export Administration Regulations and the International Traffic in Arms Regulations, and require an export license from the South African Government to be exported from the South Africa. Without limitation, parties purchasing from (ICS&Dt/a-AOOAK) are solely responsible for determining their applicable export/import licensing requirements and for obtaining any licenses or other authorizations from the appropriate agencies of their respective country’s government requirements and laws.
- Fumigation: Fumigation of individual artwork pieces is EXCLUDED. On larger items, the wood used for packaging is fumigated and stamped accordingly. (ICS&Dt/a-AOOAK) is in no way liable for claims on costs, or detainments, should a consignment be stopped and quarantined because of a specific country’s import fumigation policy.
- Duties and Taxes in the country of destination is EXCLUDED.
- Any special delivery instructions, storage or warehousing are EXCLUDED.
Condition of Artwork Pieces:
Some of the products you purchase are not brand new. Many African One Of Kind pieces that come from all over Africa such as Doors, Statues, Larger Pieces, Masks and Colonial Pieces have to one degree or another, wear and tear marks, scratches & chips. In each ‘product description’ we explain as best we can the condition of the piece. 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 (ICS&Dt/a-AOOAK) 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.
All items are insured.
A. Damaged goods claims procedure:
- Once an art piece has been received, and you find the artwork damaged beyond our ‘Condition of Artwork Pieces’ note above, you may request for it to be repaired. 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 5 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 5 days of receiving it. Also, send us several clear photographs of the damage and a written report. Notify us in writing within 5 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 1.1% of the value of the item with a minimum amount of $120.
- The procedure can be lengthy and the insurance company may require more information from you to complete their assessment.
- Should the insurance company reject the claim, (ICS&Dt/a-AOOAK) and the Shipping company and it’s Associates are in no way liable for claims to compensate you for loss or damage to your artwork piece/s.
- 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, fax and skype. (Our contact details are here)
- We ship to the USA and selected countries in Europe.
- These countries are: USA, Germany, England, Belgium, Luxemburg, France, Netherlands, Sweden, Switzerland and Turkey.
- If you live outside of these countries we are still able to ship to you but please enquire to get a shipping price from us first before placing an order.
- Shipping rates are for high value artwork pieces door to door delivery
- We use Aspiring Logistics, artwork export specialists. The artwork is carefully packaged & some crated for international shipping
- Aspiring Logistics ship via FedEx & TNT. Shipping fees are calculated on a combined basis of weight, value (for insurance purposes), and destination.
- Shipping rates may change at short notice. They are based upon current rate of exchange.
- Most shipping is delivered door to door in 10-21 days, but custom clearance may cause delays beyond our control. On some larger items it can take longer. On high value items the banks may hold payment for a few days while they may do security checks. Only after the verification process do they transfer the funds into our bank account. The shipping process begins after the funds have been cleared into our bank account. Throughout the process we will keep you informed via email.
- Tracking of all items is provided – you will be given a tracking number with login details so you will know exactly the status of your delivery.
- Duties and Taxes in the country of destination is EXCLUDED.
- Any special delivery instructions, storage or warehousing are EXCLUDED.
- When goods are delivered, please check the items first before signing that you have received the items in good order.
- A signature is required for all shipments upon receipt.
- If an order is refused or returned to us due to inaccurate or incorrect address information or because it was declined or undeliverable, (ICS&Dt/a-AOOAK) reserves the right to retain the original shipping/handling fee and to charge the payment method originally used for costs we incur related to the return of the undeliverable packages or merchandise to us.
Privacy & Security policy:
The security of your personal information is very important to us. In an effort to protect your personal information, we use Secure Sockets Layer (SSL) technology with 128 bit encryption. If your browser supports SSL (most current browsers do), it will automatically encrypt the information you provide to us on the secure pages on our site, before sending it over the Internet.
(ICS&Dt/a-AOOAK) website is scanned every 6 hours by Securi to ensure it is hacker safe.
When you visit our site, we will ask your browser to place a permanent “cookie” (a very small text file) on your computer. If your browser is configured to accept cookies, it will accept the cookie and place it on your computer’s hard drive. We collect this information to analyze where our customers are coming from and how often they visit our site. We also collect certain technical information from your computer, like your IP address and the address of a referring web site, if any. This information will allow us to enhance our site to our customer’s preferences. This information is used only for the benefit of (ICS&Dt/a-AOOAK) and you, our customer.
In order to identify who you are, we suggest that you register and log-in when you visit our site. This allows us to provide you with your “Order Status” and other information that is uniquely yours.
If you place an order with a ship-to address that differs from your bill-to address, we retain this information as well. You can modify or correct this information by following the procedure described above. Such information is used at your request to ship purchased merchandise only.
4. What information is collected:
When you choose to place an order with us, you are invited to log in (optional), so that we can identify who you are. As a newcomer, it will be suggested that you register for future identification. The registration page asks you to enter your name, a user ID, a password, and your e-mail address. You can update this information at any time by clicking on the “my account” link at the top of every page and selecting “update account information.”
5. Placing an order:
When you decide to place an order, you are asked to complete an order form. The order form requires your name, billing and shipping address, BUT NOT YOUR CREDIT CARD DETAILS. You should also include other information fields such as your telephone number, to allow us to contact you regarding your order if necessary. This information is collected to make your shopping experience with us as smooth and pleasant as possible. It is used only for the benefit of ICS&D and you, our customer. Once you decide to ‘place’ your final order in the shopping cart, you are effectively taken out of (ICS&D) website to a secure payment gateway who manages the payment procedure.
6. Relationships/Sharing Information:
You agree that Paypal (The secure payment gateway providers) may use personal information provided by you in order to conduct appropriate anti-fraud checks.
Jurisdictions and Choice of Law:
(ICS&Dt/a-AOOAK) operates this Web Site from its offices located in Cape Town, South Africa. (ICS&Dt/a-AOOAK) makes no representations that the materials in this site are appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
This agreement, and any dispute, which arises from and out of this Web Site, shall be construed with the laws of South Africa. Any legal action regarding this agreement or this Web Site shall be brought only in either the courts located within the City of Cape Town, South Africa, and by using this site you consent to personal jurisdiction within these courts.
If you have any questions regarding any portion of this Agreement, or if you wish to inquire, regarding rights of use not explicitly granted herein, please direct questions via email to firstname.lastname@example.org
(ICS&Dt/a-AOOAK) or you may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this Web Site. (ICS&Dt/a-AOOAK) may terminate this Agreement immediately without notice if, in its sole judgment, you breach any term or condition of this Agreement. Upon termination, you must destroy all materials obtained from this Web Site.
This agreement constitutes the entire Agreement between you and (ICS&Dt/a-AOOAK) and supersedes any prior oral or written arguments, understandings, or other communications between parties. This Agreement may not be modified except in writing signed by both you and an authorized signatory of (ICS&Dt/a-AOOAK).
If Security or privacy is still of concern to you, or if you do not want to receive promotional email from (ICS&D), please email email@example.com