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Terms And Conditions

Terms and Conditions

The Zeitz MOCCA Foundation Trust T/A Zeitz Museum of Contemporary Art Africa (Zeitz MOCAA)  provides this website (zeitzmocaa.museum) and online store (shop.zeitzmocaa.museum) in support of its charitable and educational mission to exhibit, collect, preserve and research contemporary art from Africa and its diaspora; conceive and host international exhibitions; develop supporting educational, discursive and enrichment programmes; encourage intercultural understanding; and strives for access for all.

By accessing the Zeitz MOCAA website, you accept without limitation or qualification these terms and conditions (the “Terms and Conditions”). We reserve the right to amend this agreement or any parts thereof at any time and without notice.  Amendments to this agreement take effect 24 hours after the agreement has been amended on our website, and your continued use of the site implies your acceptance of the agreement as amended.

 

1. Introduction

    1. This website can be accessed at zeitzmocca.museum, related mobi-sites and software applications (the “Website”) and is owned and operated by The Zeitz MOCCA Foundation Trust (“Zeitz MOCAA”). These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
    2. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
    3. The Website enables you to shop online for an extensive range of goods including general gifting products, homeware and kitchenware, art-related products, books and more (“Goods”).

2. Important Notice

    1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
    2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
      1. may limit the risk or liability of Zeitz MOCAA; and/or
      2. may create risk or liability for the user; and/or
      3. may compel the user to indemnify Zeitz MOCAA; and/or
      4. serves as an acknowledgement, by the user, of a fact.
    3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
    4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Zeitz MOCAA to explain it to you before you accept the Terms and Conditions.
    5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Zeitz MOCAA in terms of the CPA.
    6. Zeitz MOCAA permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

3. Returns

Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs).  The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

4. Your Status

  1. By placing an order through our site you warrant that:
  2. You are legally of entering into binding contracts; and
  3. You are at least 18 years old.
  4. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorized Zeitz MOCAA representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
  5. You may not use the Website to distribute material that is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

5. How the contract is formed between you and us

After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. The contract between us (Contract) will only be formed when we dispatch your product.

The Contract will relate only to those Products we dispatch. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products.

6. Availability and delivery

You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. Zeitz MOCAA will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Zeitz MOCAA will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.

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.

Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.

Your order will with reasonable endeavour be fulfilled by the delivery schedule set out in the Dispatch Confirmation. If no delivery date is specified, then within a reasonable time unless there are exceptional circumstances.

Our delivery charges and service are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out.

Where it accepts your order, Zeitz MOCAA will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.

Zeitz MOCAA’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Zeitz MOCAA is not responsible for any loss or unauthorized use of a product, after it has delivered the product to the physical address nominated by you.

Should a delivery be returned to us as undeliverable, we will let you know and request that you to make arrangements to either have the parcel collected from us or re-delivered to you. You authorize us to dispose of, donate, or resell the contents of parcels not collected within six months of such request being made.

7. Changes and acceptance of terms

We may change the terms at any time and where this affects your rights and obligations, we will notify you of any changes by placing a notice in a prominent place on our website or by email. If you do not agree with the change you must stop using the services. If you continue to use the services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted such terms. If you do not agree with the changes, you must stop using the service. If you continue to use the service following notification of a change, the changed terms will apply to you and you will be deemed to have accepted them.

8. Payment

  1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
  2. Payment can be made for Goods via –
    1. Debit card;
    2. Credit card: Payment may be made via Visa and MasterCard. Where payment is made by credit card, we may require additional information in order to authorize and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorization is obtained by us for the amounts. If we do not receive authorization your order for the Goods will be cancelled. You warrant that you are fully authorized to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
    3. Direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 2 (two) days of placing your order. Zeitz MOCCA will not accept your order if payment has not been received in full, nett of bank charges;
  3. Once you have selected your payment method (save for direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

9. Gift Vouchers & Coupons

Zeitz MOCAA may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:

  1. Gift Vouchers
  • Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased or otherwise obtained. If your Gift Voucher value is less than the amount required to cover the full order you wish to place, you may make up the difference by paying via one of our other payment methods.
  1. Coupons
    1. There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).
    2. Coupons are issued in Zeitz MOCAA’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorized manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.

      3. As a general rule, and unless specified otherwise on the specific Coupon itself:

    1. Each Coupon can only be used once;
    2. Only one Coupon can be used per order;
    3. Only one Coupon can be used on the Website per person per promotion/campaign;
    4. Where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;
    5. A Coupon must be used at check-out – it cannot be used later on existing orders; and
    6. The value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.

10. Card acquiring and security

Card transactions will be acquired for Zeitz MOCAA via PayGate (Pty) Ltd, an approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

International card transactions will be acquired for Zeitz MOCAA via PayPal, Inc, an approved payment gateway for all Non-South African Acquiring Banks.

11. Customer details separate from card details

Customer details will be stored by Zeitz MOCAA separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate, refer to www.paygate.co.za.

12. Export restriction

The offering on this website is available to South African and International clients.

If your delivery address is not within South Africa, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country. You should be aware that cross-border shipments are subject to opening and inspection by customs authorities.

13. Customer Privacy policy

Zeitz MOCAA shall take all reasonable steps to protect the personal information of users in accordance with applicable laws and regulations. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:

http://www.polity.org.za/attachment.php?aa_id=3569 .

Privacy policy

  1. We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
  2. Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –
    1. your name and surname;
    2. your email address;
    3. your physical address;
    4. your gender;
    5. your mobile number; and
    6. your date of birth.
  3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
  4. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
  5. Subject to clause 15.6 below, we will not, without your express consent:
    1. Use your personal information for any purpose other than as set out below:
      • in relation to the ordering, sale and delivery of Goods;
      • to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
      • to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
      • to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
    2. Disclose your personal information to any third party other than as set out below:
      • to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
      • to our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
      • to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
      • to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
      • to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
  1. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Zeitz MOCAA is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
  2. We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
  3. We will –
    1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
    2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
    3. provide you with access to your personal information to view and/or update personal details;
    4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
    5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
    6. upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
  4. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
  5. Zeitz MOCAA undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
  6. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorized or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

14. Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa.

Purchases within South Africa: Transaction currency is South African Rand (ZAR).

Purchases within the Euro zone: Transaction currency will be US Dollars.

Purchases within the United Kingdom: Transaction currency will be Great British Pounds.

Purchases within the United States and all other countries: Transaction currency will be US Dollars.

15. Responsibility

Zeitz MOCAA takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

16. Country of domicile

This website is governed by the laws of South Africa and Zeitz MOCAA chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, Zeitz MOCAA, Silo District V&A Waterfront, Cape Town, South Africa, 8002.

17. Disclaimer and limitation of Liability

We disclaim all representations and warranties including but not limited to the site and its availability, the content of the site or the accuracy thereof, product availability and delivery times, merchantability or fitness for a particular purpose of information, goods or services.

The views and opinions expressed in all the books on our site are those of the authors and do not necessarily reflect the views and values of our brand.

18. Electronic communications

When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 11 above.

  1. Ownership and copyright
    1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Zeitz MOCAA.
    2. You will not acquire any right, title or interest in or to the Website or the Website Content.
    3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorized in terms of these Terms and Conditions or otherwise provided for in law.
    4. Where any of the Website Content has been licensed to Zeitz MOCAA or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
  2. Disclaimer
    1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
    2. Whilst Zeitz MOCAA takes reasonable measures to ensure that the content of the Website is accurate and complete, Zeitz MOCAA makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Zeitz MOCAA’s representatives, Zeitz MOCAA shall not be bound thereby.
    3. Zeitz MOCAA disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
    4. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
    5. Any views or statements made or expressed on the Website are not necessarily the views of Zeitz MOCAA, its directors, employees and/or agents.
    6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Zeitz MOCAA also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardize or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of Zeitz MOCAA, its employees, agents or authorized representatives. Zeitz MOCAA thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

3. Limitation of liability

    1. Zeitz MOCAA cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of Zeitz MOCAA, its employees, agents or authorized representatives.
    2. Zeitz MOCAA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
    3. YOU HEREBY INDEMNIFY Zeitz MOCAA AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE.

4. Governing law and jurisdiction

    1. 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.
    2. In the event of any dispute arising between you and Zeitz MOCAA, 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.
    3. Nothing in this clause 23 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

19. Company information

For the purposes of the ECT Act, Zeitz MOCAA’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:

  1. Full name: The Zeitz MOCAA Foundation Trust, a Non-Profit Trust registered in South Africa with registration number IT000844/2015.
  2. Main business: Museum
  3. Physical address for receipt of legal service (also postal and street address): Silo District, S Arm Road, V and A Waterfront, Cape Town, 8002.
  4. Phone number: +27 (0)87 350 4777
  5. Email address: store@zeitzmocaa.museum
  6. Office bearers: https://zeitzmocaa.museum/about-us/