“Account” means the profile You create when You register on the Site and which is associated with your email address.
“Data Protection Laws” means the South African Protection of Personal Information Act 4 of 2013 (“POPIA”) and the European Union General Data Protection Regulation (“GDPR”).
“Guest” means a person who does not create an Account but enters their personal information each time for the purpose of browsing the Site or making a once off purchase.
“Onomatopoeia/ Our” means Numb City Productions (Closed Corporation), a private company duly incorporated in terms of the company laws of South Africa, with registration number 2009/222114/23.
“Order”means the instruction placed by a User on the Site for Onomatopoeia to supply the Products.
“Personal Information”, means any personal details which the User provides in any way through the use of this Site, in any form whatsoever, which includes but is not limited to its names, postal and physical addresses, contact numbers, e-mail address, personal opinions and name of the User’s employer and any other type of personal information as defined in the respective Data Protection Laws, each of which forms a separate data tag of information on the Site.
“Product/s”, means a range of literary and artist works collated by Onomatopoeia from various licensed third-party, as amended from time to time.
“User/s”/ “You”, means the person who elects to insert their Personal Information on the Site in order to register an Account or use the Site as a Guest, which information is to be processed and which Terms and Conditions apply to the User, as the context indicates.
“Site”, refers to http://www.onomatopoeiapoetry.com/, a website site accessible via the internet network or mobile application capable of download from the i-store or Google Play, and all associated e-commerce plug-ins used by the User when visiting third party websites in order to submit and process an Order.
Prior to submitting an Order by clicking the ‘submit order’ icon on the payment method page, please save or print a copy of these Terms and Conditions to keep on file for future reference regarding the Order You are submitting.
Please understand that if You do not accept these Terms and Conditions, You will not be able to Order any Products from this Site.
- REGISTRATION, SCOPE AND ACCEPTANCE OF GENERAL TERMS AND CONDITIONS OF SALE
The User may register an Account to access the Site with the understanding that the User may decline the registration of an Account and use the Site as a Guest.
The Site enables Onomatopoeia to offer the Products for sale to Users browsing the Site. In accordance with these Terms and Conditions, it is agreed that the User and Onomatopoeia shall be jointly referred to as the “Parties”, and individually as a “Party”.
By making use of this Site and the Products offered herein, the User hereby acknowledges that the User has read, understood and agrees to be bound by these Terms and Conditions.
Any Order of Products offered on the Site implies the understanding and the express acceptance of these Terms and Conditions.
It is stipulated that the User may make a backup copy or print these Terms and Conditions, provided that it is not modified.
These Terms and Conditions come into effect as from 1 July 2021. Onomatopoeia reserves the right to change these Terms and Conditions without notice and at any time. The Terms and Conditions which were applicable when You made your Order, will apply to your Order.
These Terms and Conditions and any of its Annexures shall apply to the exclusion of any other document.
- PRODUCTS SOLD ON THE SITE
All the offers of the Products proposed on the Site are limited to http://www.onomatopoeiapoetry.com. Prior to placing an Order, the User may check the main features of any Products the User intends to order, by consulting the Site.
Purchase offers, including special promotions, are valid for as long as they are displayed on the Site.
A User is unable to access another User’s images to create a Product and image quality is subject to the quality of the image taken by the User and stored on the User’s device. Should a User elect to use a low-resolution image, the Site will notify the User and the User may proceed at the User’s own risk.
All Products are capable of minor editing by the User prior to ordering the Products.
- PRICES OF PRODUCTS FOR SALE ON THE SITE
The prices shown on this Site are in South African Rands and if applicable, subject to Value Added Tax, at the United States Dollar rate in force on the day of the Order and any change in the applicable rate will be automatically reflected in the price of the Products sold by Onomatopoeia on its Site and the Products will be invoiced at the price in force when the Order is submitted.
The price excludes the delivery charge applicable for delivery, which will be shown as a separate line item on the User’s invoice. Delivery charges will be shown to You before You are asked to confirm the Order.
All Orders imply full and unreserved acceptance of these Terms and Conditions. You accept that Onomatopoeia order registration systems are proof of the nature of the agreement and its date thereof.
When the Order is confirmed by clicking on the “Checkout” icon, You as the Customer declare that You have accepted the Order, together with these Terms and Conditions. A summary and acknowledgment of the Order will be sent to the User via the User’s email address provided when registering an Account and can be printed, at the User’s own cost.
Our acknowledgement of your Order will specify the exact amount invoiced and details of delivery and implies our acceptance of your Order and confirms the transaction, subject to Order payment.
In the event of one or more Products being unavailable once the Order has been placed, You will be notified by e-mail. The amount of the Order will be recalculated and You will only be debited for those Products which are available for delivery, with the price of the unavailable Products not being deducted therefrom. If the entire Order is unavailable, then You will be notified by e-mail and You will not be debited any amount for the transaction.
You may also cancel an Order placed on the Site by contacting our Customer Care on firstname.lastname@example.org. If You have cancelled the Order in writing with Customer Care and the Order has not been processed, Onomatopoeia shall refund You within 5 (five) business days of receiving such notice of cancellation. If, however, You inform Customer Care of your request for cancellation and the Order has already been processed for printing, You cannot cancel the Order. As the Products are customized to Order, should You insist on the cancellation of the Order, then, a 100% cancellation fee will be applicable. In the event that You intend to return the Product after delivery, You are requested to follow the Returns Policy set out below. Depending on the reason for the return, a reasonable cancellation fee (as determined by Us, in our sole discretion) may be applicable.
Onomatopoeia reserves the right to suspend or cancel any Order placed by You if a dispute exists regarding the payment of an Order, or for any other legitimate reason, in particular related to the unusual nature of the Order.
All Orders are payable in South African Rands and are inclusive of VAT. In order for You to pay for your Order, You must use Onomatopoeia’s designated payment operator as the method of payment. In processing your payment of the Order, You hereby consent for the designated payment operator to process your financial information in order to process payment of the Order and you acknowledge that You cannot store the financial information on your Account and that We do not retain any of your financial information.
In the event of non-payment of any amount owed by You, or of any adverse payment circumstances, Onomatopoeia reserves the right to suspend or cancel any Order and/or delivery, whatever the nature or state of progress in the Order or delivery may be.
As part of the measures taken to prevent fraud over the internet, You consent to the information concerning your Order being sent to any competent authority for verification.
To ensure secure credit card payment, You must enter the card security code of the bank card being used, into the payment portal of the Site. This information will be kept secure by the payment operator.
Onomatopoeia will take the necessary precautions to ensure the financial information of its Users are secure and safe, however, Onomatopoeia cannot be held liable for the User providing incomplete or incorrect information.
- ORDER DELIVERY
The Products will be delivered by Onomatopoeia courier operator.
Standard Orders will be delivered within 2 (two) to four (4) weeks from the date on which Onomatopoeia receives the Order, according to the pre-selected method of delivery. International Orders require a lead time of an additional 3 (three) weeks from the Standard Orders delivery times. Delivery times are subject to full payment of the purchase price, and the minimum threshold of 100 Products for an Order of a print run is met..
Onomatopoeia in its sole discretion may suspend or terminate the sale of the Products provided on this Site, at any time whatsoever, and the User shall have no recourse in the event of suspension or termination.
The delivery of your Order is subject to our Delivery Policy.
- CANCELLATION OF THE ORDER AND RETURNS
In the event of non-conformity of the Product, in particular due to an anomaly or an error in the delivered references, You can choose to return the Product to Onomatopoeia and be reimbursed thereof or to receive a replacement Product.
You have a period of 7 (seven) days as from the date of receipt of the Product ordered as confirmed by our delivery service provider, to return the Order at your own expense for a reimbursement or Product replacement. Only in the circumstances where Products are returned due to poor quality or incorrect Product delivery, will Onomatopoeia reimburse You for the delivery fee and upon your request thereto.
You may contact our Customer Care on email@example.com as regards to any claim.
The reimbursement of your payment for the Order will be made via the method of payment which You selected when exercising the right of withdrawal, no later than 14 (fourteen) days following the date on which the right was exercised.
- INSTRUCTIONS FOR RETURNING PRODUCTS
Whatever the reason for returning the Products to Onomatopoeia, You are required to follow the following instructions in order to facilitate processing of the return, which return must comply with the provisions of our Return Policy:
- the original packaging must be sent with the Product, which is being returned.
- Complete and attach the Return Form (to be separated from the Delivery Slip)
- Send the Product to be returned together with its original packaging to the following address:
Onomatopoeia (Returns Department)
|7 Ivydene Road|
|2194, South Africa|
Any risk related to the return of the Products is borne by the User.
- RETENTION OF TITLE
All Products remain the exclusive property of Onomatopoeia until such a time as payment of the sale price, including the purchase price, VAT and delivery costs have been paid in full.
The User must use discretion before taking any action based on the information displayed on the Site. Information, ideas and opinions expressed on the Site should not be regarded as the official opinion of Onomatopoeia.
The Site and all content on the Site is provided on an “as is” basis, and Onomatopoeia makes no representations or warranties of any kind, whether express or implied, to the accuracy of the contents on the Site. Onomatopoeia does not warrant and accepts no liability that the functions and services provided by the Site will be interrupted or error free, or that the Site is free from viruses or other harmful components or for any damage resulting from a fraudulent intrusion by a third party, causing any change to the information made available on the Site.
Onomatopoeia cannot be held liable for non-fulfilment of the Order due to stock shortages, especially where the product is unavailable due to a force majeure event including but not limited to health and safety protocols.
Onomatopoeia, including owners, directors, employees, officials, suppliers, agents and/or representatives shall not be liable for any direct or indirect damage, whatever the cause, origin, nature or consequences, including in particular any loss of profit, customers, data or any other loss of intangible goods that may occur as a result of the access by any person to the Site or the impossibility of accessing the Site.
The User hereby indemnifies Onomatopoeia and its owners, directors, employees, officials, suppliers, agents and/or representatives from and against any loss or damages suffered or liability incurred in respect of any third party, which arises from the User’s use of this Site.
Onomatopoeia does not make any warranties or representations that the Site shall be available at all times. Users acknowledge that the Site may be unavailable due to updates or other causes beyond the reasonable control of Onomatopoeia, including, but not limited to, virus infection, unauthorised access (hacking), power failure or other “acts of God.”
The User must take special note that Onomatopoeia reserves the right to hold a User liable for any losses suffered by Onomatopoeia to the cybercrime committed by the User pm the Site.
- INTELLECTUAL PROPERTY
Onomatopoeia is the owner of this Site and the contents thereof and Onomatopoeia retains all intellectual property rights thereto, whether registered or not, including all current and future content on the online platform, which is not owned by a third party, and nothing on this Site should be construed as a right to use or license of any of the intellectual property.
In accordance with the Copyright Act 98 of 1978, as amended pertaining to ownership of literary and/or artistic rights, or other similar rights, this Site and all the elements, brands, drawings, models, photographs, texts, illustrations, logos, sequences whether animated or not and with or without sound, graphics, etc., to be found in this Site, together with their compilation, are the exclusive property of Onomatopoeia, as it does not grant any license or any entitlement other than that of browsing the Site. Any use during browsing of this Site, in whole or in part, of these elements is authorized exclusively for information purposes only for personal and private use. Any reproduction and any use thereof for other purposes being expressly prohibited.
Neither the Site (in whole or in part), nor its content or brands may be used, reproduced, duplicated, sold, resold, made accessible, modified or exploited in any other way, in whole or in part, for any purpose whatsoever, without prior, written authorisation from Onomatopoeia. Any other use will constitute an infringement.
The User’s intellectual property relating to the images on the User’s Account remain the property of the User, however, the User hereby grants Onomatopoeia permission to use the intellectual property for marketing purposes, with the understanding that the User may withdraw such permission in writing.
- APPLICABLE LAW
This Site is owned and operated within the Republic of South Africa. Onomatopoeia, as well as the User, hereby agree that these Terms and Conditions shall be governed and construed in accordance with the laws of the Republic of South Africa.
- DATA PROCESSING
The User hereby expressly consents, by its use of the Site herein, to the collection, use, processing, storage, transfer and sharing of its Personal Information to the entities that are related to Onomatopoeia, including but not limited to Onomatopoeia and its service providers, provided that such processing are in line with the Data Protection Laws.
The User expressly consents to Onomatopoeia transferring the Personal Information outside the Republic of South Africa to Onomatopoeia server hosted in a member state of the European Union that is subject to the relevant Data Protection Laws.