GENERAL TERMS AND CONDITIONS
INTRODUCTION
Welcome to the South25Photography (the “Site”). This document makes up the house rules, or what is officially called the General Terms and Conditions (the “Terms” for short). The terms are a legally binding contract between you and South25Photography (“South25Photography” or “we”) and apply to all Agreements between you and South25Photography.
DEFINITIONS
This document sets out your rights and responsibilities when you use www.south25photography.co.za, so please read it carefully. By using any of the services here, you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our services. Still with me? Great, read on!
You: the natural person who is not acting in the course of his or her profession or for the running of his or her business and has concluded a (Remote) Agreement or wishes to conclude an Agreement respectively with South25Photography.
Product(s): all types of products/items sold or supplied by South25Photography.
Agreement: every arrangement between you and South25Photography to supply one or more Product, including all arrangements concluded within the framework of an organised system for remote sales of Products.
OFFER, ORDER AND ACCEPTANCE
All offers for Products made by South25Photography via the website are subject to the availability of such Product. An offer shall lapse if the Product to which the offer applies has become unavailable in the meantime. If the Product that you have ordered unfortunately runs out of stock after the purchase order has been placed, we will contact you via the email address that has been provided. If you do not respond within 10 business days, South25Photography reserves the right to refund your order in full. All refunds will be made in South African Rands (ZAR). You acknowledge and accept the possibility of any deviations in the received amount due to exchange rates in relation to the local currency.
​
Whilst we attempt to manage stock and cater to the demand as well as possible, Products are limited to the sizes, colors and variants as offered in the webstore. If a particular size, color or variant is not listed in the webstore, it is not, or not currently available for purchase.
​
On rare occasions, you might find that the Product you receive does not match what you saw online. If that occurs, let us know. We strive to be as accurate as possible. However, we do not warrant that all Product descriptions, images, photographs, pricing and other information are accurate, complete, current, or error-free. In addition, all weights, color and size-dimensions are approximate. Apparent mistakes or apparent errors in the offer do not bind South25Photography.
​
In the event of an error in an order confirmation, in processing an order, in delivering a Product or otherwise, we reserve the right to correct any error and revise your order accordingly, or to cancel the order and refund any amount charged. If you receive an order that you believe contains a mistake, we encourage you to contact us right away so that we may correct the error.
​
By purchasing a Product through the website, you warrant South25Photography to be 1) at least 18 years old and 2) legally capable of entering into binding agreements.
If either is not the case, a parent or guardian has to accept these Terms on its behalf.
​
A purchase order is accepted by South25Photography once it has been confirmed to you by virtue of a confirmation email of the purchase. At that moment the Agreement is formed.
​
You are aware that South25Photography is always entitled to refuse a purchase order without providing further explanation. South25Photography will inform you as soon as possible, in the event of such refusal.
​
All purchase orders should be made via the website. Orders cannot be made via other methods, such as email, social media or telephone.
PRICING AND PAYMENT
The prices of South25Photography Products are quoted in South African Rands (ZAR). Prices in your local currency may change due to differences in exchange rates.
Prices include VAT but excludes shipping costs, which will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping basket and have selected the country of delivery.
Prices, VAT, and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a dispatch confirmation.
​
Local import duties and local taxes may be applicable to Products that are shipped. South25Photography has no influence on this. You are responsible for the payment of these local import duties and local taxes, which may be imposed once the Product reaches the final destination. South25Photography cannot give you an estimation of these local import duties and local taxes.
​
Prices and listings in the website, in the communications by South25Photography and/or the advertisements may be incorrect. South25Photography is not liable for, nor bound to incorrect prices or factual errors on the website, if this is an evident mistake or error. In the case where the value of the Product is higher than the indicated price, South25Photography has the right to reject a purchase order.
​
The website is integrated with Yoco and Payflex, and all orders and purchases will be redirected to their payment pages during checkout. South25Photography also accepts EFT payments directly into our bank account, please use your Order ID as the payment reference, your order will only be processed once the funds have been cleared in our account, our banking details will be sent to you via email once you completed the order. When paying by credit or debit card you confirm that 1) the card is registered on your own name and 2) you are entitled to use the card and 3) you have adequate funds to cover card costs and charges that may be connected to the purchase.
​
You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason.
LIMITATIONS OF LIABILITY
South25Photography shall deliver the Products according to South25Photography’s best abilities with the care that may be expected of South25Photography. If an error occurs because you have given South25Photography incorrect or incomplete information, South25Photography cannot be held liable for the loss that arises from that error.
​
With due observance of the provisions stipulated elsewhere in these Terms, South25Photography cannot in any case be held liable for damage caused by improper use of the delivered Product(s) or use of the delivered Product(s) for a purpose other than for which it is suitable according to objective criteria.
​
South25Photography is not responsible for any indirect, special, incidental, consequential (such as loss of content, loss of use, loss of time, etc.) or punitive damage, including but not limited to, damaged for personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, caused by a Product defect.
​
Furthermore, South25Photography cannot in any case be held liable for losses due to delay, for losses due to overdue delivery as a consequence of altered circumstances. South25Photography does not accept any liability for materials supplied by South25Photgraphy’s supplier(s).
​
South25Photography shall not be held liable to you with regarding the use of the Site, the content or the materials contained in or accessed through the Site, including without limitation any damages caused by or resulting from reliance by you on any information obtained from South25Photography, or any other damages that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failures, theft, destruction, or unauthorised access to South25Photography's records, programs or services and any direct, special, incidental, consequential, punitive or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss, theft or corruption of user information, or the inability to use the Site or any of their features. The sole remedy for you is to cease use of the Site.
FORCE MAJEURE
In the event of Force Majeure, South25Photography has the right to suspend the execution of the Agreement or dissolve the Agreement partially or fully without court intervention and without South25Photography being bound to any compensation for damage.
​
In this matter, Force Majeure is given to mean: every situation due to which you cannot reasonably require South25Photography to fulfil the Agreement any longer. Force Majeure always includes: war, threat of war, civil war, riot, flooding, water damage, wilful damage, fire, sit-down strikes, labor strikes, transport difficulties, pandemic, unforeseen technical complications, operational breakdowns at South25Photography’s facilities or those of South25Photography’s suppliers, breaches of contract by South25Photography’s suppliers and government measures including import and export bans and quota systems.
​
If the delivery is delayed by more than two (2) months due to Force Majeure, both parties may terminate the Agreement without any obligation to pay compensation for damage to the other party.
INTELLECTUAL PROPERTY/TRADEMARK PROTECTION
South25Photography owns all intellectual property rights in the website and in the material published on it. These works are protected by copyright laws worldwide.
​
The intellectual property rights in all text, graphics, user interface, visual interfaces, photographs, trademarks, logos, artwork and content made available to you on or through this website remain the property of South25Photography and are protected by copyright laws and treaties around the world. All such rights are reserved by South25Photography. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.
APPLICABLE LAW AND DISPUTES
All disputes related to the Agreements between you and South25Photography to which these Terms apply shall be settled by the competent court in the country (South Africa) in which South25Photography has its place of business, to the exclusion of all judicial authorities.
AMENDMENTS AND ADDITIONS TO THESE TERMS
South25Photography always has the right to amend and/or add to these Terms.
​
South25Photography may update these terms from time to time. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the services following the changes constitutes your acceptance of the updated Terms.
​
If any provision in these Terms proves not to be legally valid and/or loses its legal effect, it will not affect the remaining provisions of the Terms and the parties are obliged to arrange a new provision as soon as possible of which the meaning is as close as possible to the “former” meaning.
HOW TO CONTACT US
If you have any questions about our practices on these Terms, please first check the FAQ page. If your question still hasn’t been answered, you can contact South25Photography via the contact form.