These Terms and Conditions shall apply between Demet Karatas (the Seller) and the customer, to the exclusion of any other terms discussed or negotiated, unless reduced to writing and signed by both parties.
Orders may be placed for standard goods as per the Seller’s standard order form or by email.
Orders for standard items will be based on the standard product photographs as they appear on the Seller’s literature and website, as well as samples displayed. The customer accepts that the photographs accurately reflect samples shown.
Orders for custom designs will be based on a sketch drawn by the Seller and signed or initialed by the customer. Additional design charges will be charged as follows:
$90 consultation fee
$84 per hour design fees.
4. Orders will be confirmed in writing by the Seller.
III. PRICE AND PAYMENT
If the price is not specified on the order itself, the price shall be as indicated on the Seller’s price list, or as per quotation given by the Seller to the customer. Any written quotation shall supersede any verbal quotation.
No VAT is charged.
Distribution and personal order payments shall be made as to 50% with
order and the remaining 50% on delivery.
Late payment will be subject to interest charged at 5% above the prime overdraft rate as charged by the Seller’s bank from time to time and calculated from the 7th working day after due date.
Design fees shall be paid as and when requested by the Seller. If the customer rejects the design, there shall be a standard “not-accepted” design fee payable of R500.00.
Delivery will made as near as possible to 14 working days from order, provided that all payments due have been made.
Unless otherwise agreed in writing, delivery of the goods shall take place at the address specified by the Buyer.
The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
If the Seller is unable to deliver the goods because of circumstances beyond her control, the customer shall not be entitled to cancel the order unless he have first given written notice to the Seller to deliver within a further 21 working days.
If the customer is unable to accept delivery when offered, or to pay on delivery, and remains unable to do so within 14 days thereafter, then the Seller shall be entitled to cancel the order and retain any payment already made as pre-estimated damages.
If the customer is given delivery of the goods but fails to pay the balance due and payable, then the Seller shall be entitled to claim such amount from the customer by way of legal process. In such event the customer shall be liable for all legal costs incurred on an attorney and own client basis.
Notwithstanding delivery, all goods remain the property of the Seller until paid for in full.
Risk in the Goods shall pass to the Buyer upon delivery.
All goods are sold on a firm sale basis, i.e. the Seller will not take back any goods not required or sold by the Buyer.
Any defects should be reported to the Seller within 7 days of delivery.
Defective goods will be exchanged upon confirmation of the defect by the
The parties acknowledge that products are hand- made and that whereas photographs and samples are representative of products, individual items may differ slightly.
LIMITATION OF LIABILITY
The Seller shall not be liable for any all loss or damage suffered by the customer in excess of the contract price.
RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
This Agreement shall be governed by and construed in accordance with the laws of South Africa and the parties hereby submit to the jurisdiction of the Magistrate’s Court, Cape Town.