Terms & Conditions
PLEASE READ THE FOLLOWING SITE TERMS CAREFULLY. ANY USE OF OUR WEBSITE OR PURCHASES OFF OF OUR WEBSITE WILL CONSTITUTE ACCEPTANCE OF THESE TERMS.
NOTE: No copyrighted material, nudity, violence, drugs, or otherwise explicit content will be accepted for print.
These terms (“Terms”) apply to all uses you (“You”) may make of this website (the “Site”) including, but not limited to any: use of the Site’s product customization service (“Service”), use of the shopping cart and ordering service, as well as using any of our products.
- Your Submissions to the Site
1.1 Under these Terms, You may NOT place any of the following material or obtain any such material using the Service (a “Submission”):
- Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law.
- Any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material.
- Any material sent from an anonymous or false address.
1.2 While Kase Artist (“Seller”) is not responsible for the content of the Submissions, Seller reserves the right to delete, move or edit submissions that it, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. Seller may request confirmation of the copyright or trademark ownership from you. Seller reserves the right to suspend the shipping of any custom cover order before such confirmation is received. If Seller does not receive any such confirmation or if there are continued claims of copyright or trademark infringement, Seller reserves the right to share certain account information with governmental organizations or other third parties. If You dispute any copyright or trademark infringement claims, Seller will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, Seller reserves the right to suspend production and shipment of the ordered item/s until such dispute has been resolved. In addition, you warrant that all moral rights in any uploaded materials have been waived. Your physical or electronic sharing of your images constitutes permission for reprinting by Seller. Seller will not be liable for the content of any Submission.
1.3 Copyright Notice. Seller is committed to protecting photographer’s copyrights. You are required by law to own the right to or to obtain permission to use any image before the image is uploaded or becomes a Submission to Seller. If you believe that your work has been copied in a way that infringes your copyrights, please contact Seller and provide all relevant details.
1.4 Unauthorized Use of Copyright Materials. If you knowingly or unknowingly include copyrighted material in a Submission, and if Seller representatives discover that, the following will occur:
- All processing of your order shall cease
- Seller will notify you of the unauthorized submission
- Seller will not refund your funds for that submission, but, instead, shall send you voucher/gift code which will allow you to choose one cover of similar size and quality with any unbranded content from Seller’s current selection
- Customer Support and Age Requirements
You must be at least 14 years of age to use the Site. If you, your parent or guardian, have any concerns please feel free to contact Seller at customer support: support@Kaseartist.co.za
- Copyrighted Material, Software and Intellectual Property Rights
All of the information, content, software and materials Seller offers at the Site are protected by copyright and other pertaining laws. You may not copy or distribute such material without the copyright owner’s prior written consent. You may use these materials for personal, non-commercial use only, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials. The Marks and other brand names in this Site are the worldwide trademarks or registered trademarks of Kase Artist or are being used with the rights secured by Kase Artist, hereunder. Trademarks of other parties are identified wherever possible and Seller acknowledges their rights.
You agree to indemnify, defend and hold harmless Seller, its affiliates and subcontractors, and all their officers, directors, employees, agents, licensors, suppliers and any third parties providing information relating to the Products or Service from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these Terms or any activity related to Your account (including negligent or wrongful conduct) by You or any other person purchasing Products or accessing the Service using Your account.
Any action under these Terms must be brought, if at all, within one year from the accrual of the cause of action. You and Seller agree that any claims under these Terms shall be subject to the laws of South Africa, and hereby consent to jurisdiction and venue in the respective courts.
You are responsible for compliance with all local laws, and you are required to comply with South African export laws and regulations when you use or export any software or materials provided through the Service.
- Disclaimer of Warranties for Covers
THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SELLER MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE SITE OR SELLER’S SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SELLER MAKES NO WARRANTY REGARDING ANY SOFTWARE, PRODUCTS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, PRODUCTS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR ADVERTISED THROUGH THE SITE.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITE OR SERVICES, FROM ANY CHANGES TO THE SITE OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Kase Artist Pricing
With respect to items sold by Kase Artist, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
11.Refunds, Returns, and Cancellations
At Kase Artist, we pride ourselves in customer satisfaction. However, all our products are custom orders and any custom order is your unique creative expression. Because they are one of a kind and unique to you, they are not returnable. Please contact our Customer Service (support@Kaseartist.co.za) and they will be happy to answer any questions you have about your one of a kind order. If You notify Kase Artist you would like to cancel before your order is processed, we will do everything we can to cancel your order in time. Kase Artist reserves the right to refuse an order cancellation if we are not able to stop processing or shipping. If there is an error in the design or typography on the design, Kase Artist is not liable.
- International Customs Charges and Misc Fees
We are not responsible for any miscellaneous fees or taxes. Some orders may incur a customs or import duty tax charge even if You have already paid for shipping through the Site. We are unable to control additional International customs charges and they will vary based on location. The customer is solely responsible for all additional taxes and fees. Your order cannot be returned to the sender and Kase Artist will not pay custom fees on your behalf.
- Lost or Stolen Packages
In the rare event of a lost or stolen package, Kase Artist is not liable. To prevent a lost or stolen package, please make sure you require a signature on all packages at your address.
14.1 Seller may assign its rights and responsibilities under these Terms without notice to You. All items purchased through Seller are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you on our delivery to our carrier.
14.2 If any part of these Terms is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
14.3 These Terms constitute the entire agreement between you and Seller with respect to the Site, Products and Service, and supersede all other communications, written or oral, with regard to that subject matter.
- Processing and Shipping Times
Our processing times and shipping times are estimates only. Kase Artist is not liable for late deliveries or loss or damage relating to late deliveries. Kase Artist is not responsible for incorrectly entered delivery addresses.
- Liability of Product Use
Kase Artist urges all users of our products to use them with safety. Our products are sold at your own risk. Kase Artist is not liable for any injuries that occur from using any of our products.