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TERMS & CONDITIONS

TERMS AND CONDITIONS
Effective Date: 2021-06-11
Last update date: 2023-12-20

Apparition Jewellery (Pty) Ltd Reg: 2019 / 389730 / 07

TERMS & CONDITIONS

Welcome to Apparition Jewellery (Pty) Ltd.
We, Apparition Jewellery (Pty) Ltd (“Company”, “we”, “our”, or “us”), operate and govern your use of our website apparition.co.za and apparition.com (“Service”). By accessing or using our Service, you agree to abide by these Terms of Service and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements and agree to be bound of them.

AGREEMENTS
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service. We do, however, wish that you let us know by emailing at support@apparition.co.za so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

APPARITION ATELIER
Apparition Atelier is owned and operated by Apparition Jewellery (Pty) Ltd. References to "Apparition Atelier" pertain to our brand.

 

TERMS OF USE
License: You are granted a temporary and limited license to access and use this website.
Framing: You are prohibited from framing this website in any manner.
Ownership: All rights to this website and its content belong to us or our licensors.
Breach: Non-compliance with these terms may result in license cancellation.
Trademarks: Our trademarks are protected. Unauthorized use is prohibited.
Restrictions: Modifying, copying, or exploiting this website without our consent is forbidden.
Liability: Use this website at your own risk; we disclaim all warranties and limit our liability.
Accuracy: You, the buyer, agree that the information you supply is accurate in all respects.
Damages: We are not responsible for any claims of any direct damages initiated by you, the Client. Our liability for any claims will not exceed R100. We will also not be held responsible for any indirect damages incurred by the Client.

PROHIBITED USE
Service should be used lawfully. Any misuse, including unauthorized access or interference, is strictly prohibited.

Intellectual Property
Our Service content is protected, and we hold all intellectual property rights to our products and designs. You are prohibited from utilizing our intellectual property without our explicit consent. Any violations of our proprietary rights may lead to legal action against you.

CHAINMAILLE & SCALEMAILLE
We, Apparition Jewellery (Pty) Ltd, lay no claim to the creation, invention, or development of the crafts of Chainmaille or Scalemaille, or any related patterns.  Service makes use of free-to-use patterns and weaves available on the Internet and in books, unless explicitly stated that the Chainmaille weave is our own design or invention.  Our designs are our own original creations and works, which make use of the free-to-use patterns and weaves that are available on the Internet and in books.  We will never purposefully copy or reproduce another's work in full or part.

COPYRIGHT & OWNERSHIP
All content (including text, logos, images, photographs, videos, designs & web pages) on this website is protected by South African and international copyright laws. Unauthorized use of this content is prohibited and may result in legal action.

GOVERNING LAW OF THIS AGREEMENT
By agreeing to the Terms laid out in this agreement, you agree to be subject to the laws and jurisdiction of the South African Magistrate’s Court.

TERMS OF SALE
Shipping: We ship items within 1-7 business days upon receipt of payment. After dispatch, responsibility transfers to the buyer. Apparition Jewellery (Pty) Ltd is not liable for any late deliveries, stolen or lost packages, or any goods that are damaged once they leave our premises.
We do our best to ensure that all packages are packed in a way that will protect your goods, however there may be circumstances out of our control.
We will provide full tracking information to you once the delivery is confirmed with the Courier. We hold no responsibility for your package after this point.
Please note that no orders will be processed on the following days: Saturday, Sunday, any and all South African Public Holidays.

Ordering: By placing an order with us, you acknowledge Our and Your liabilities regarding the order and purchase of goods. You are legally required to provide accurate information regarding your purchase. We are within our right to cancel any order that we believe violates our Terms of Service with no prior written or verbal correspondence with the Client.
Custom orders will only begin the manufacturing process once payment has been received and confirmed.

International Orders: Anyone ordering from our Website who resides outside of South Africa is potentially subject to customs charges and other Tax outside of our control. The Client is liable for any and all charges or Customs or duties resulting from a purchase on our Website or via any other method of communication.

CONTESTS, SWEEPSTAKES & PROMOTIONS
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

ANALYTICS
Third-party providers may analyze Service usage to monitor and improve our offerings.

ACCOUNTS
When you create an account with Us, you guarantee that the information you provide is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

COPYRIGHT POLICY
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@apparition.co.za, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

DMCA
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  1. 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

  2. 2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
    3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;

  3. 4. your address, telephone number, and email address;

  4. 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at support@apparition.co.za.


ERROR REPORTING & FEEDBACK
You may provide us either directly at support@apparition.co.za or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). 
You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

 

LINKS TO OTHER WEBSITES 
Our Service may contain links to third party web sites or services that are not owned or controlled by Apparition Jewellery & Apparel (Pty) Ltd.
Apparition Jewellery (Pty) Ltd has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.  You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.  We strongly advise that you read the Terms of Service and Privacy Policies of any third party web sites or services that you visit.

DISCLAIMER OF WARRANTY
These services are provided by Company on an "as is" and "as available" basis.  Company makes no representations or warranties of any kind, expressed or implied, as to the operation of their services, or the information, content or materials included therein.  You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.
Neither Company nor any person associated with Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services.  Without limiting the foregoing, neither Company nor anyone associated with Company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.  Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.  The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

LIMITATION OF LIABILITY
Except as prohibited by law, you will hold us and our Officers, Directors, Employees, and Agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including Attorney's fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any Federal, State or local laws, statutes, rules, or regulations, even if Company has been previously advised of the possibility of such damage.   Except as prohibited by law, if there is liability found on the part of the Company, it will be limited to the amount paid for the Products and/or Services, and under no circumstances will there be consequential or punitive damages.

TERMINATION
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of South Africa, which governing law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

CHANGES TO SERVICE
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

AMENDMENTS TO TERMS
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

WAIVER & SEVERABILITY
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

FORCE MAJEURE
Unforeseen events may arise that hinder either party from fulfilling its obligations under this contract. Neither party shall be held liable for a breach of this contract due to events beyond its reasonable control. However, if such circumstances persist for a duration exceeding 60 calendar days, either party may terminate this contract by providing written notice to the other.

DISPUTE RESOLUTION
While our aim is to prevent disagreements related to this agreement and address them promptly, should a disagreement arise, either party shall notify the other party in writing. Initially, both parties will attempt to resolve the dispute through direct negotiation. If negotiation proves unsuccessful, the parties will seek resolution through mediation. Should mediation not resolve the dispute, the matter will proceed to arbitration.

COMMUNICATION & ADDRESSES
To ensure effective communication regarding this agreement, both parties agree to send official notifications to each other's designated email addresses and recognize their respective physical addresses for legal document delivery. However, either party may modify their contact details by providing a 14-day written notice to the other party.

 

ACKNOWLEDGEMENT
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

CONTACT US
Please send your feedback, comments, requests for technical support by email: support@apparition.co.za.

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