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TERMS OF USE

 In this document the expression BATANAI includes:

     Frontier Innovations CC trading as BATANAI ARTWORKS
     The BATANAI website WWW.BATANAI.CO.ZA

AGREEMENT
Should you not agree to the terms and conditions stipulated you may not use the BATANAI website.

Your access to the BATANAI website and use of any services provided by BATANAI including any purchases made by you from BATANAI are subject to terms and conditions established in this document.


PRIVACY AND SECURITY
The BATANAI knows that you care how your personal information may be collected, processed and used; we appreciate your trust that BATANAI will do so carefully and sensibly. This notice describes the BATANAI privacy policy. By visiting BATANAI, you are accepting the practices described in this Privacy and Security statement.

By providing the information to BATANAI you consent to BATANAI collecting maintaining, storing and processing the information, provided that BATANAI shall:

  • NOT disclose your personal information to a third party, other than to effect the transactions agreed to in using the BATANAI website, without obtaining your express consent to do so;
  • only disclose your personal information, without your consent, if legally required to do so;
  • be entitled to use the information provided by you to compile statistical or aggregated information in such a way that you may not be identified.
  • BATANAI shall own and retain all rights to non-personal statistical information compiled by it.

 

The information provided by you helps us personalize and continually improve your shopping experience at BATANAI. Here are the types of information we gather.

  • Information You Give Us: We receive and store information you enter on the BATANAI website or that you may provide to BATANAI in any other manner. Certain of the information provided on registration is mandatory to assist us in ensuring that the communications and transactions entered into with you may be completed effectively and lawfully.
  • Automatic information: BATANAI receives and stores certain type of information whenever you interact on the BATANAI website of communicate with BATANAI by email. For example, like many web sites, we use "cookies", and we pbtain certain types of information when your web browser accesses BATANAI
  • E-mail communications: To help us make e-mails more useful, we may receive a confirmation when you open e-mail from BATANAI, if your computer supports such capabilities.

 

While BATANAI and its affiliates shall take commercially reasonable care to safeguard the information provided by you to BATANAI from unauthorized access or disclosure, BATANAI does not represent or guarantee that the safeguards will provide absolute protection.

BATANAI shall not be obliged to encrypt any information sent to you, received from you or stored on your behalf or for the purposes agreed in this agreement, unless agreed with you to the contrary, in writing.


TERMS OF TRADE

REGISTRATION
Registration as a member is free and does not obligate you to purchase anything or release information such as credit card numbers or bank account details. In registering as a member you are required to provide BATANAI with complete and accurate information about yourself and you warrant that the information provided is correct.

Before you may make an offer to purchase any of the products or services provided by BATANAI it is necessary that you register as a member. Registration as a member is restricted to individuals who may legally enter into binding and enforceable agreements. No person under the age of 18, or not legally permitted to enter into a binding and enforceable agreement, may register as a member. Any person not permitted to register as a member but who does so, may be guilty of committing a fraud and BATANAI may take whatever legal action it deems necessary to obtain the appropriate relief.

Upon acceptance of your registration, an email confirmation of your registration as a member will be transmitted to you. Transmission times depend on your Internet Service Provider, but it typically takes less than an hour to receive the email confirmation. If you do not receive the email confirmation, you should contact our call centre, the details of which are contained under Contact information.

PASSWORD
Without a valid email address (your user identification) and password, you will not be able to purchase products or services displayed on the BATANAI website. You are solely responsible for ensuring the confidentiality of your password, which authenticates your identity. You acknowledge this responsibility and agree that any communication or transaction that may be made using your password, shall be attributed to you.

If you suspect that the confidentiality of your password has been compromised you should immediately advise BATANAI of this fact by email. BATANAI shall on receipt of the email suspend your registration pending your further instructions. You shall remain responsible for all transactions effected prior to the suspension of your registration and liable for any payments that may flow from these transactions.

TERMINATION OR SUSPENSE OF REGISTRATION
If you are in breach of, or BATANAI believes that you may breach, any of the terms and conditions governing the use of, or trading using the BATANAI website, BATANAI may, in it's absolute discretion, either suspend or terminate your registration as a purchaser.

INVITATION TO DO BUSINESS

The products or services which appear on the BATANAI website are displayed as an invitation to do business and to allow you to make an offer to purchase the products or services of BATANAI. Only when BATANAI has accepted your offer will an enforceable agreement of sale be transacted. BATANAI can cancel the sale at any time at BATANAI's absolute discretion.

The price of any products or services sold through BATANAI shall be confirmed on the acceptance of your order. Despite our best efforts, products or services offered on the website may be mis-priced. If we discover a mis-pricing, we will do one of the following:

  • If the correct price is lower than our stated price, we will charge the lower price.
  • If the correct prices if higher than our stated price, we will, at our discretion, either contact you for instructions before accepting your order or notify you that the order has not been accepted.

 

ELECTRONIC COMMUNICATIONS
When you visit BATANAI or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. BATANAI will communicate with you by e-mail or by posting notices on the BATANAI website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Further, that your acceptance of any terms or conditions applicable to the BATANAI website and transactions concluded using the BATANAI website, as well as your intent to enter into any transaction with BATANAI, may be evidenced by any action by you from which this may reasonably be inferred.

PLACE AND TIME OF AGREEMENT
Agreement as to the terms of use of the BATANAI website shall be deemed to have be accepted by you at the time that you first accessed the BATANAI website and thereafter confirmed each time that you access the BATANAI website.

Agreement to use the BATANAI website and those governing all transactions that may be effected using the BATANAI website shall be deemed to have taken place in Johannesburg South Africa.

All communications with BATANAI facilitated by the BATANAI website, the BATANAI call center, or email communicated between you and BATANAI shall be deemed to have been received, in the case of communications initiated by BATANAI, when the communication leaves the BATANAI website or email server, and in the case of communications initiated by you, when it is received on the BATANAI website or email server. Acceptance by BATANAI of an order placed by you shall be deemed to have been made and an agreement entered into, once a product leaves the BATANAI premises destined for you. If only part of an order leaves our premises, only that portion of the order is deemed as accepted.

BATANAI can cancel any order at any time.

DESCRIPTION OF SERVICES
BATANAI provides access to a variety of products and services that may be purchased online all of which are, or will be, described on the BATANAI website.

PRICE OF GOODS
Prices are displayed in the website and are subject to BATANAI rights in respect of any mis-pricing stipulated in the clause dealing with Invitation to do business within this agreement. All prices of products and services displayed on the BATANAI website are exclusive of Value Added Tax. All prices are E&OE.

INTERNATIONAL SALES:
All prices include packing, insurance and shipping to the country of destination. Wooden articles and crates includes the cost of internationally recognised Fumigation and required Fumigation certificates. Depending on the article purchased, delivery to your address may be included or may be an additional charge. BATANAI will advise you accordingly during the purchase negotiation.

COLLECTION SALES in SOUTH AFRICA
Such sales assume that you will be making your own arrangements for collecting purchases, in which event the price will be reduced by the costs of packing, insurance and delivery. However, BATANAI may provide packing and delivery subject to negotiation and agreement.

DELIVERY OF PRODUCTS AND SERVICES
The anticipated time of delivery of any products or services, purchased using the BATANAI website shall be indicated at the time that any order is accepted by BATANAI. International deliveries are normally via Air Freight and may be subjected to flight and cargo space availability.

PAYMENT
The following payment methods are provided. In all cases delays will exist whilst the payment is verified. Note that to protect it's own and the interests of customers, BATANAI scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if BATANAI is not satisfied with it's legitimacy. Payment must be made and completed prior to the goods being shipped.

CREDIT CARD PAYMENTS
These will be processed in the following manner:

  • The transaction details are presented to the bank and an authorisation is obtained for the amount.

 

BANK DEPOSIT PAYMENTS
These will be processed in the following manner:

  • If the buyer selects the "Pay via EFT (electronic Funds Transfer) button, instructions will be given on how to deposit monies into the BATANAI bank account and would be subjecct to the following rules:
  • The agreed amount must be paid;
  • The payment must be identified by supplying the reference number in the reference section of the deposit slip or on the electronic transfer;
  • A copy of the EFT confirmation must be sent to BATANAI
  • No transfers must be made from ATM's.
  • Cheque deposits are not accepted.


RETURNS AND CANCELLATIONS
Cancellations may be subjected to a Cancellation Bank Charge. Returns may be credited to an alternative piece of artwork or service.

CONDITIONS OF USE of ONLINE SERVICES
BATANAI offers all online customers a variety of online services. These services need to be managed by the customers themselves and the customer:

  • Must use at your own discretion and risk
  • May not hold BATANAI liable for any damage or loss in the use of these services
  • May not use the service or information collected and provided for any other [purpose than what the service is provided for.
CONDITIONS OF USE of WEB SITE

BATANAI grants you a limited license to access and make personal use of the BATANAI website. You are not allowed to modify (other than page catching) the website or any portion thereof without the prior written consent of BATANAI.

This license does not permit any resale or commercial use of the BATANAI website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the BATANAI website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

The BATANAI website or any portion of the BATANAI website, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of The BATANAI.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BATANAI and our affiliates without prior written consent.

You may not use any meta tags or any other "hidden text" utilizing the BATANAI name or trademarks without the prior written consent of BATANAI. Any unauthorized use terminates the permission or license granted by BATANAI.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the BATANAI website so long as the link does not portray BATANAI, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any BATANAI logo or other proprietary graphic or trademark, or those of their affiliates, as part of the link without prior written permission of the owner of the graphic or trademark.

BATANAI may provide links from the BATANAI website to other websites which may offer services to you. BATANAI is not responsible for evaluating the content or offerings made on these websites. BATANAI does not endorse or warrant the offerings of any of the businesses or individuals, nor is it responsible for the content of the websites to which links may be provided, or that of any third party websites, which may be accessed through these linked websites. No liability will be attributed to BATANAI for any dealings with any other websites accessed through links provided by BATANAI and you are solely responsible for assessing the terms and conditions and privacy provisions of any of these websites.


DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE BATANAI WEBSITE IS PROVIDED BY BATANAI ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER BATANAI, NOR ITS DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BATANAI WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BATANAI WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY SOUTH AFRICAN LAW, BATANAI ITS DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BATANAI DOES NOT WARRANT THAT THE BATANAI WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM BATANAI ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. BATANAI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE BATANAI WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

IN NO EVENT SHALL BATANAI, ITS DIRECTORS, EMPLOYEES, OFFICERS, OR ITS SUPPLIERS OR SERVICE PROVIDERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE BATANAI WEBSITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE LIABILITY OF BATANAI, ITS DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, AND SERVICE PROVIDERS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO R100.00.


APPLICABLE LAW
The BATANAI website and all communications and transactions concluded using the website, are governed by, and you agree to, the application of the laws of the Republic of South Africa. Any limitations on implied warranties or the exclusion or limitation of certain damages which may be applicable under the laws of any other jurisdiction are expressly waived by you, and to the extent that they cannot be waived, you shall not enter into any transactions with BATANAI.

TRANSACTION RECORDS AND HISTORY
A full record of transactions effected using BATANAI shall be available to the user for a period of 14 days from despatch of the products or services to the purchaser by BATANAI or its agents.

For a full and accurate transaction history, contact the BATANAI call centre (details of which are available on the BATANAI website). BATANAI shall not retain a transaction history for a period in excess of 1 (one) year.


DISPUTE RESOLUTION
Any dispute arising out of or in connection with this agreement including any question regarding its existence, validity or termination, shall be settled by the arbitration council of South Africa.

For all disputes regardless of where they arise, the place of the arbitration is deemed to be Johannesburg South Africa. The arbitration will be governed by this clause governing arbitration and the arbitration laws of South Africa. The dispute will be resolved in accordance with the law of South Africa. The language used during the dispute resolution process will be English.


FOR THE PURPOSES OF ANY ARBITRATIO
N

  • You chose the email address selected by you in registering as a member; and
  • BATANAI choses theteam@batanai.co.za

By using the BATANAI website and accepting the conditions of use of the website and trade conducted using the website you bind yourself to the terms of arbitration provided in this agreement.

MINIMUM DURATION OF AGREEMENT
There shall be no minimum duration of agreements entered into between users and registered purchasers to use the BATANAI website. All agreements shall endure indefinitely subject to either parties rights to terminate the agreement. The termination of the agreement by either party shall be without prejudice to any rights between the parties existing at the time of the termination, which shall endure beyond the date of termination.