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Terms and conditions

1. TERMS AND CONDITIONS

Mark Robertson Creations, trading as Mark Robertson Creations and or MR Creations, provides their service to you and is subject to the following conditions.

When you visit http://markrobertsoncreations.com you accept these conditions. Please read them carefully. In addition, when you use any current or future markrobertsoncreations.com services purchased from Mark Robertson Creations whether or not included in the markrobertsoncreations.com website, you will also be subject to the guidelines and conditions applicable to such service(s) or business.

2. USE OF THIS WEBSITE

  1. You may only use the Site to browse its content and make legitimate purchases of Works available for sale on the Site. You may not use the Site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchases.
  2. In using the Site, you agree not to use any information or material in any manner that infringes any copyright, trademark patent or other proprietary rights of any party.
  3. Agree not to use the Site in any manner that could damage, disable, overburden or impair the Website or interfere with any other party’s use and enjoyment of the Site.
  4. Agree not to attempt to gain unauthorized access to any of the services, other accounts, computer systems or networks connected to the Site through hacking, password mining or any other means.


3. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

  1. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of markrobertsoncreations.com and is protected by international copyright laws.
  2. All software used on this site is the property of Mark Robertson Creations, or its software suppliers and is protected by the Republic of South Africa and international copyright laws.
  3. Furthermore, all content, including but not limited to artistic design, graphics, assemblies and layout of and on this website are the exclusive property of Mark Robertson Creations and are protected by the copyright laws of the Republic of South Africa and international copyright laws. Any misuse of the content on the Site, including without limitation, reproduction for purposes other than those specified in 3(I) above, modification, distribution or republication of any part of such materials without the prior written permission of Mark Robertson Creations, is strictly prohibited.
  4. 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 Mark Robertson Creations
  5. You may not use any meta tags or any other “hidden text” utilizing any Mark Robertson Creations names or trademarks without the express written consent of Mark Robertson Creations.
  6. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of http://www.markrobertsoncreations.com as long as the link does not portray Mark Robertson Creations, its affiliates, or their services in a false, misleading, derogatory, or offensive manner.
  7. You may not use any Mark Robertson Creations logos or other proprietary graphics or trademark as part of the link without express written permission.


4. THE PRODUCT AND AVAILABILITY

  1. Artwork, which is not available for purchase, on this website, will not be added to your shopping basket. However, due to the fact that each workpiece is unique there is a possibility that an artwork or workpiece that has been checked out may be unavailable for purchase. For this reason, payment is only requested once the checkout process is complete, and your order has been confirmed.
  2. Mark Robertson Creations shall not be liable, directly or indirectly, for any loss or damage of whatsoever nature suffered by you due to the unavailability of any artwork or workpieces featured on the Site for any reason whatsoever.
  3. Mark Robertson Creations reserves the right to replicate, at their sole discression, any advertised artwork.


5. QUALITY

  1. All of our products shall be of satisfactory quality
  2. All of our products shall be “fit for purpose” for use as indoor display artwork.
  3. All of our products shall be “fit for purpose” for use as outdoor display artwork where the description of the goods makes it clear that the goods can be displayed outdoors or if we have confirmed in writing that the goods can be displayed outdoors; and
  4. Comply with all applicable statutory and regulatory requirements relating to the selling of such goods in the Republic of South Africa.


6. PURCHASE POLICY

  1. You are directed not to make any purchase through this Website unless you understand and agree to the Purchase Process.
  2. Once payment is made for the purchase, it is deemed that you have read, understood and agreed to the Purchase Process.
  3. Mark Robertson Creations does not accept Credit Cards for artwork advertised.


7. DELIVERY

  1. All deliveries will be done via our contracted and preferred Courier
  2. You may collect the goods from us at our location by prior arrangement or, if specified at the point of order.
  3. We will take reasonable steps to meet any estimated delivery or collection date specified in the order or otherwise agreed by us in writing. However, occasionally this date may be affected by factors beyond our control and so cannot be guaranteed. We will inform you if we have become aware of an unexpected delay and will arrange a new estimated date with you.
  4. We will take reasonable steps to pack the goods properly and to ensure that you receive your order in good condition.
  5. Mark Robertson Creations shall not be held responsible for goods received that are damaged via any courier services.


8. YOUR RIGHT TO CANCEL

  1. The right to cancel this Contract will not apply in respect of Personalised Works or Works made to your specification (commissioned artwork)


9. VIOLATION AND WAIVER

  1. Should Mark Robertson Creations fail to enforce any right or provision in these Terms and Conditions, then, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in the Terms and Conditions.
  2. If a court, with in the Republic of South Africa, should find that one or more rights or provisions set forth in these Terms and Conditions to be invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties’ intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.


10. WARRANTEE

  1. Mark Robertson Creations warrants that for a period of 12 months from the date of delivery or the date upon which you are notified to collect, as the case may be, any goods purchased directly from us, or which originate from us, and which are covered by this warranty, will be free from material defects or non-working parts. Please see #11 for Exclusions of the Warrantee.
  2. If you discover a defect or if any part stops working within the above warranty period, please contact us at info@markrobertsoncreations.com.
  3. Please note, proof of purchase is the condition of this warranty, and your warranty claim may not be successful without it. We will require photographs showing the condition of the item.
  4. Claims on the warranty must be made within the warranty period, we do not accept claims on the warranty made after the warranty period even if the issue arose during the warranty period. However, in the unlikely event you need to, you can claim on the warranty more than once during the warranty period.
  5. This warranty is not a substitute for insurance, and you should ensure that the items covered by the warranty are properly insured against normal risks for their full replacement value.
  6. This warranty does not apply to any issues arising from fair wear and tear, damage caused after purchase, defective installation or hanging, damage from power surges, lightning, fire, heat, freezing, water, fluid or extremes of humidity, bleaching or discoloration due to strong light, ultraviolet light or sunlight, improper cleaning, chemical, electrolytic or other damage not due to a defect, not following our use recommendations, your failure to follow our instructions, including the instructions set out below or any other instructions provided to you, any discoloration, marking, scratching or aging over time (including in relation to items with a hand applied resin finish or resin coat) or the effects of any alteration or repair carried out without our prior written approval or any damage or fault which would be covered under normal contents insurance.
  7. You must not display items covered by this warranty in direct sunlight, ultra-violet light, direct or strong heat or in damp conditions or extremes of humidity. When cleaning, only use a light feather duster and avoid water or chemical based cleaners and also any abrasive cleaners.
  8. Ensure you follow all the other instructions that we provided you with in relation to the items covered by the warranty.
  9. Our warrantee is not transferable whatsoever.

 

11. EXCLUSIONS OF WARRANTEE

  1. Light Bulbs
  2. Electrical Wiring
  3. Electrical Switches
  4. Any and all male electrical plug sockets


12. PERSONS UNDER THE AGE OF 18

  1. If you are under 18 years of age you agree that you have had your parents or legal guardians’ permission to send any information to us about yourself or anyone else over the internet.
  2. Mark Robertson Creations makes no representations or warranties to the effect that the contents of this Site are suitable for people under the age of 18.


13. APPLICABLE LAW

  1. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa save that Mark Robertson Creations has the right, in its sole discretion, to commence and pursue proceedings in alternative jurisdictions.
  2. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa (Cape of Good Hope Provincial Division) in respect of any disputes arising in connection with the use of the Site.