ClayHouseOffice Terms & Conditions
- Description of Service
- Disclaimer of Warranties
- Limitation of Liability
- Modifications and Interruption to Site
- Disclaimer Regarding Accuracy of Vendor Information
- Information for Customers
- Compliance with Laws.
- Copyright and Trademark Information
- Other Terms
- Unwanted Products
ClayHouseOffice is providing Member with access to buy and sell artwork and apparel. Each Member must provide (1) all equipment necessary for his or her own Internet connection and (2) provide for Member’s access to the Internet, and (3) pay any fees related to such connection.
ClayHouseOffice makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Site in terms of its correctness, accuracy, reliability, or otherwise. ClayHouseOffice shall have no liability for any interruptions in the use of the Site. ClayHouseOffice disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and noninfringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion may be inapplicable.
CLAYHOUSEOFFICE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR CLAYHOUSEOFFICE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNTER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF CLAYHOUSEOFFICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
Member agrees to indemnify and hold ClayHouseOffice, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Site, the violation of this Agreement, or violation of any law by Member.
ClayHouseOffice reserves the right to modify or discontinue the Site with or without notice to the Member. ClayHouseOffice shall not be liable to Member or any third party should ClayHouseOffice exercise its right to modify or discontinue the Site. Member acknowledges and accepts that ClayHouseOffice does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of ClayHouseOffice’s control.
Specifications about and other information regarding artwork for sale on the Site have been provided by individual sellers and is not verified by ClayHouseOffice. While ClayHouseOffice makes every effort to ensure that the information on the Site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Site. ClayHouseOffice makes no warranties or representations whatsoever with regard to any product provided or offered by any seller, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
Unless otherwise stated, all prices on the Site are in South African Rands. Customers (that is, purchasers of items from the Site) are responsible for paying all fees and applicable taxes in a timely manner with a valid payment method. If a Customer’s payment method fails, ClayHouseOffice may collect fees owed using other collection mechanisms.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Governing law and jurisdiction These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
In the event of any dispute arising between you and ClayHouseOffice, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in this clause or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
By submitting to ClayHouseOffice any images of artwork for sale on the Site (“Images”), you warrant and represent that you own all rights, including but not limited to all South African copyright rights, in and to the Images. You grant to ClayHouseOffice the worldwide, perpetual, irrevocable, royalty-free, sub licensable right and license to reproduce and prepare derivative works of the Images for the purpose of advertising the Images for sale on the Site. To the extent that you do not own all rights in and to the Images or that ClayHouseOffice’s use of any of the Images as permitted under this Agreement infringes or otherwise violates the rights of any third party, you agree to indemnify and hold ClayHouseOffice harmless from any claims or demands, including attorneys’ fees and costs, incurred by ClayHouseOffice with respect thereto.
All images on the Site are either owned or licensed by ClayHouseOffice and may not be reproduced or used in any manner without the express written permission of ClayHouseOffice and, if appropriate, the relevant artist.
ClayHouseOffice, the ClayHouseOffice logo ClayHouseOffice ART&OUTFITS are trademarks owned by ClayHouseOffice and may not be used without prior written permission of ClayHouseOffice.
ClayHouseOffice retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, ClayHouseOffice reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at ClayHouseOffice’s discretion.
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by ClayHouseOffice in its sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Agreement, Member is consenting to the use and disclosure of his or her personally identifiable information and other practices described in the ClayHouseOffice Privacy Statement.
We want you to be happy with your purchase. If you are not completely satisfied, you can return the product to us and we will either repair / replace it or credit your account, subject to the terms below. This policy applies to products bought from ClayHouseOffice.
This policy forms part of the ClayHouseOffice Terms and Conditions and words defined in the Terms and Conditions have the same meaning in this policy unless the context indicates otherwise. Nothing in this policy is intended to limit your statutory rights in any way.
In general, you can return an unwanted product to us at no charge, provided:
- it is undamaged and unused, with the original labels and stickers still attached;
- it is in the original packaging, which must be undamaged and in its original condition with all seals still intact (if applicable).
- it is not missing any accessories or parts;
- it is not listed in - Products not eligible for return; and
- you log a return via email within 10 days (or 7 days for products marked “Clearance”) of delivery to you or collection by you of the unwanted product. After 30 days (or 7 days for products marked “Clearance”).
Once we have inspected the product and validated your return, we will credit your account with the purchase price of the product within 8 days of the return (or refund you if that is your preference). Please bear in mind that refunds can take 5 - 10 working days to reflect in your account. We are entitled to refuse a return if the unwanted product is returned damaged, not in a re-saleable condition or missing any accessories.
Want to exchange?
Fashion and footwear products can be exchanged for a different size provided that such variation is available, and is available at the same price as the product originally purchased. In such a case, you will send the product back and we will deliver the requested product to you at no charge. If such variation is not immediately available, we will credit your account with the purchase price of the product (or refund you if that is your preference) within 8 days of you logging the return.
We reserve the right to inspect the product to validate your return.
Not what you ordered?
If we accidentally deliver the wrong product to you or if the product is not as described on the Website (or if it is missing any accessories), please notify us and send the product back to us and we will refund accordingly if the product meets the return inspection. Once we have inspected the product and validated your return, we will, at your choice, deliver the correct product to you as soon as possible (if the correct product is available); or credit your account with the purchase price of the product within 8 days of the return (or refund you if that is your preference).
The following products are not eligible for a refund, exchange or credit:
- electronic vouchers;
- intimates, lingerie, swimwear, bodysuits or underwear;
- jewellery for piercings;
- a beauty product or fragrance which has been used;
- products which have been personalised for you or made to your specifications, unless defective.
Should a product be damaged at the time of delivery / collection, please notify us of such
delivery / collection by logging a return call or email.
You will send the product back to us and we will refund accordingly. Once we have inspected the product and validated your return, we will, at your choice, repair / replace the product as soon as possible (if such repair / replacement is possible) or credit your account with the purchase price of the product (or refund you if that is your preference). Credits and refunds are normally handled within 8 days of logging the return (bear in mind that refunds can take 1-4 working days to reflect in your account). Repairs and replacements could take longer, depending on parts / replacement availability.
We do our best to ensure that the products we deliver to you are of a high quality and without
What is a defect? A defect is a material imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances.
The following will NOT be regarded as defects and will not entitle you to a return under this section :
- faults resulting from normal wear and tear;
- damage arising from negligence, user abuse or incorrect usage of the product;
- damage arising from electrical surges or sea air corrosion;
- damage arising from a failure to adequately care for the product;
- damage arising from unauthorised alterations to the product; and
- where the specifications of a product, although accurately described on the Website and generally fit for its intended purpose, do not suit you.
If you have received a product which turns out to be defective, please notify us as soon as reasonably possible after you become aware of the defect, but in any event 7 working days after delivery / collection of the product (except in the case of an extended supplier warranty, which is set out below). You can do so by logging a return call or email, and arrange to send the product back to us and we will refund accordingly. Once we have inspected the product and validated your return, we will, at your choice, repair / replace the product (if such repair / replacement is possible) or credit your account with the purchase price of the product (or refund you if that is your preference). Credits and refunds are normally handled within 8 days of logging the return (bear in mind that refunds can take 1-4 working days to reflect in your account). Repairs and replacements could take longer, depending on parts / replacement availability.
Please provide suitable packaging for returning the product (it need not be the original packaging), as well as all accessories that were sold with the defective item when you return it to us – regardless of whether you request a repair / replacement or a refund. Our courier is entitled to refuse collection of a product that is not properly packaged for transport. See section 6 below for more information on this.
Where there is no extended supplier warranty period, unfortunately, we cannot facilitate returns that fall outside of the 6 months.
Extended Supplier Warranty (stipulated on product page)
A product may have a supplier warranty that extends beyond the 6 months. If such a product turns out to be defective more than 6 months after delivery / collection, please notify us as soon as reasonably possible after you become aware of the defect, but in any event within the extended supplier warranty period after delivery / collection of the product.
You can do so by logging a return on the Website, and we will facilitate your return of the product to the supplier at no charge. Unfortunately, we cannot facilitate returns that fall outside of the extended supplier warranty period.
Please note that any extended supplier warranty is subject to whatever terms and conditions the supplier or manufacturer may impose. These are usually stated in a brochure or leaflet inside or on the product packaging. It is your responsibility to make yourself aware of any such terms and conditions.
Please provide suitable packaging for returning the product, as well as all accessories that were sold with the defective item when you return it to us – regardless of whether you request a repair / replacement or a refund. Our courier reserves the right to refuse collection of a product that is not properly packaged for transport. See section 6 below for more information on this.
It is also important to note that it will be in the supplier or manufacturer’s discretion to repair or replace the item, or to refund you. ClayHouseOffice is under no obligation to provide you with a credit, repair / replacement for any return logged after 7 days, as your remedy lies with the supplier or manufacturer.
If you return a defective product to us, but you fail to return all of the accessories that were sold
with that product, we are entitled (subject to applicable law) to refuse the return, only to
replace the item that you did return, or to estimate the value of the missing accessories and only
to credit or refund you in respect of the returned item.
If you return items to us by mistake and you want these returned to you, you may be liable to reimburse ClayHouseOffice for the cost of having the product returned to you.
If you return a product that does not comply with this policy, you may be liable to reimburse ClayHouseOffice for the cost of collecting the product from you and the cost of having the product returned to you.
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
From time to time ClayHouseOffice will run promotions. These promotions will either be on selected products or site wide. For each promotion there will be specific terms and conditions. Promotions may require the customer to apply the stated promo-code to their cart during the check-out process.
19.1. Promo-code discounts, even if site wide, will only apply to physical product. No promocode discount will be applied to gift vouchers/cards.