1.  Acceptance of Terms of Use

Welcome to Artwithheart.co.za (“ARTWITHHEART.CO.ZA”), proudly founded by Envirotechmental 2021 (Pty) Ltd in 2023. We are your premier multi-vendor marketplace committed to providing a sustainable and eco-friendly online shopping experience, connecting you with a diverse array of sellers from various environmental and eco-conscious markets. These Terms of Use encompass all aspects of the Artwithheart.co.za experience, covering registration, sale, purchase, payment, and delivery of environmentally friendly goods and services through multiple vendors.

By accessing or using the ARTWITHHEART.CO.ZA website and utilizing any of our services, you agree to abide by these Terms of Use in their entirety. These terms constitute a legally binding agreement between Artwithheart.co.za and you. If you do not agree with these terms or are not legally competent to accept them, then you are not permitted to use Artwithheart.co.za as detailed comprehensively in this agreement. Embrace the green revolution with ARTWITHHEART.CO.ZA, your go-to destination for sustainable living and conscious consumerism in a vibrant multi-vendor marketplace setting.

2. Supporting documentation

These Terms of Use should be read in conjunction with the following supporting policies:

  • Privacy Policy:
  • Returns Policy:
  • Content Guidelines Policy.

3. General terms

To utilize Artwithheart.co.za, you must possess legal competence and be at least 18 (eighteen) years of age. If you do not meet these criteria, you are not eligible to enter into a legally binding contract for buying or selling through Artwithheart.co.za. If you register as a legal entity, you confirm that you have the legal authority to bind the entity to these Terms of Use. In the event it is determined that you lack proper authorization, you acknowledge and accept that you will be personally liable, jointly and severally, with the entity.

4. Privacy

We prioritize your privacy. Please take a moment to review our Privacy Policy, which is an integral part of these Terms of Use and governs your interaction with ARTWITHHEART.CO.ZA. In cases where there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use shall prevail.

Our Privacy Policy outlines the collection, use, and sharing of your information when you use Artwithheart.co.za. By utilizing Artwithheart.co.za you consent to the processing of your information in accordance with the Privacy Policy.

Ensuring the security of your information is a paramount concern for Artwithheart.co.za. We have implemented appropriate physical, electronic, and managerial safeguards to protect the information collected from or about our users. However, it’s important to note that Artwithheart.co.za reserves the right to disclose any information deemed necessary to comply with applicable laws, regulations, legal processes, or governmental requests. Your trust and privacy are of utmost importance to us.

5. Seller registration and account

To become a seller on Artwithheart.co.zaand open a stall, an account is essential.

Eligibility:

  • Sellers must be at least 18 (eighteen) years old and legally capable of entering into a binding agreement to use the Artwithheart.co.za site.
  • Sellers under the age of 18 (eighteen) may participate only with the consent, direct supervision, and assistance of their parent or legal guardian.

EntrepreTeen:

  • Sellers under the age of 18 (eighteen) can use the Artwithheart.co.za site under specific conditions:
    • Parental consent is mandatory.
    • A parent or guardian must register on Artwithheart.co.za to open a seller’s account on behalf of the EntrepreTeen, using their personal details, bank account information, and email address.
    • When the EntrepreTeen turns 18 and wishes to take control of their shop, a transfer process can be facilitated upon request.

Registration Information:

  • Sellers must provide accurate and current information during the registration process.
  • False information or impersonation of another person or entity is prohibited.
  • Sellers are responsible for maintaining the confidentiality of their account information, should not share such information, and must keep their password secure.

Activities on Your Account:

  • Sellers are solely responsible for any activity on their account.
  • In the case of shared accounts, the person whose personal and financial information is registered on the account will be responsible for all activities.
  • If registered as a legal entity, the individual guarantees the authority to do so and agrees to the Terms of Use on behalf of the entity.

Account Termination:

  • co.za reserves the right to suspend or terminate a seller’s account at its discretion for reasons such as any breach of these Terms of Use or Artwithheart.co.za policies, or in the event of fraudulent or abusive activities.

Relationship between Artwithheart.co.za and Seller:

  • These Terms do not establish an agency, partnership, joint venture, employment, or franchisee relationship between the seller and Artwithheart.co.za.
  1. Seller’s responsibilities (behaviour and content)

Content:

  • Responsibility for Your Listings: Sellers are solely accountable for the accuracy, quality, and legality of the products and/or services they offer on Artwithheart.co.za. It is the seller’s duty to ensure they do not infringe or violate any third party’s rights by posting content on Artwithheart.co.za. Sellers must refrain from posting false, inaccurate, misleading, or defamatory content. The content must be the seller’s original work or used with explicit irrevocable written permission, not infringing any law or rights of others.
  • Intellectual Property: Sellers retain ownership of their intellectual property rights. Sellers must respect others’ intellectual property rights, avoiding infringement on copyrights, trademarks, or any other intellectual property rights of third parties. All product listings, images, and descriptions must be original or properly licensed.
  • Inappropriate, False, or Misleading Content: Sellers agree not to post abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive content on Artwithheart.co.za. False and misleading content or using Artwithheart.co.za fraudulently, deceptively, or in a manner that tarnishes its reputation is prohibited.
  • Rights You Grant Artwithheart.co.za: By using Artwithheart.co.za, sellers grant Artwithheart.co.za the right to reuse, edit, modify, re-purpose, and re-publish the content for marketing purposes, subject to privacy restrictions outlined in the Privacy Policy.
  • Changes to Your Content:co.za may change or remove content violating terms, including unlawful, offensive, or objectionable material, or any breach of the Terms of Use, Privacy Policy, or other policies.
  • Reporting Inappropriate or Unauthorized Content: Sellers may report infringement to support@artwithheart.co.zafor appropriate action by Artwithheart.co.za. Alleged intellectual property infringement may lead to disabling content or account termination.

Compliance with Laws and Regulations:

  • Legal Compliance: Sellers must adhere to applicable laws, regulations, and industry standards regarding the sale, marketing, and fulfilment of their products and/or services.
  • Prohibited Products: Sellers must not sell or promote illegal, hazardous, or restricted products, including drugs, weapons, counterfeit items, or other prohibited goods.
  • Privacy and Data Protection: Sellers must handle customer information in accordance with data protection and privacy laws, refraining from unauthorized use. Refer to Artwithheart.co.za’s Privacy Policy.

Customer Services:

  • Responsiveness: Sellers must provide professional and prompt customer services, addressing inquiries, concerns, and disputes courteously.
  • Order Fulfilment: Sellers should fulfil orders promptly and adhere to specified shipping, delivery, and return policies, providing regular updates to customers.
  • Returns and Refunds: Sellers must communicate clear return and refund policies, honouring reasonable requests in accordance with applicable laws. Refer to the Returns and Refunds Policy.

Quality Standards:

  • Authentic and Safe Products: Sellers are responsible for ensuring sold products meet legal requirements and safety standards, prohibiting counterfeit, pirated, or illegal products.
  • Product Descriptions: Sellers must provide clear, accurate, and detailed product descriptions, avoiding misleading claims or exaggerated statements.
  • Product Images: High-quality, accurate images representing the product must be used, avoiding misleading or deceptive visuals.
  • Product Safety and Compliance: Sellers must comply with safety regulations, ensuring products meet relevant safety requirements and are appropriately labelled. Health and Safety standards must be adhered to.

 

7. Customers/buyers responsibilities

Customers are not required to register to browse on Artwithheart.co.za, although it is recommended. Customers are referred to point 3 above – General Terms – regarding legal capacity to use Artwithheart.co.za.

As a customer, you are required to familiarize yourself with Artwithheart.co.za’s Terms of Use, along with its policies and any other relevant guidelines before making a purchase.

Eligibility:

  • Customers must be at least 18 (eighteen) years old and legally capable of entering into a binding agreement to use the Artwithheart.co.za site.
  • Customers under the age of 18 (eighteen) may only do so with the consent, direct supervision, and assistance of their parent or legal guardian.

Registration Information:

  • Customers must provide accurate and current information during the registration process. False information or impersonation of another person or entity is not allowed.
  • Customers are responsible for maintaining the confidentiality of their account information, should not share such information, and must always keep their passwords secure.

Activities on Your Account:

  • Customers are solely responsible for any activity on their account. In shared accounts, the person whose personal and financial information is registered on the account will be responsible for all activities.
  • If registered as a legal entity, the individual guarantees the authority to do so and agrees to the Terms of Use on behalf of the entity.

Account Termination:

  • co.za reserves the right to suspend or terminate a customer’s account at its sole discretion for any reason, such as any breach of these Terms of Use or Artwithheart.co.za policy, or in the event of fraudulent or abusive activities.

Relationship between Artwithheart.co.za and Customer:

  • These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Artwithheart.co.za.

Pay Your Bills:

  • Customers are responsible for paying for items they commit to purchasing. It is essential not to enter into a purchase agreement if unable to fulfil obligations.

Communication:

  • Customers agree that Artwithheart.co.za’s communication will be electronic, and communication will be via the email address detailed on their account. This includes legal information, policy changes, and activities relating to the account.

8. Website usage

Licence:

  • Sellers are granted a non-exclusive, non-transferable licence to access and use Artwithheart.co.za for the purpose of listing and selling their products and/or services.

Prohibited Activities:

  • Sellers and customers agree not to violate any laws in connection with their use of Artwithheart.co.za, including but not limited to fraud, theft, anti-competitive conduct, threatening conduct, interfering/disrupting services, spamming, hacking, transmitting malware, or engaging in any other unlawful acts or crimes against Artwithheart.co.za, another Artwithheart.co.za user, or a third party.

Suggestions/Ideas:

  • Any suggestions and ideas to enhance user experience and services are welcomed. Ideas or materials submitted to Artwithheart.co.za are considered non-confidential and non-proprietary. Users grant Artwithheart.co.za a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use and publish those ideas and materials for any purpose, without compensation.

Content Guidelines:

  • Sellers and customers must adhere to content guidelines set by Artwithheart.co.za, including restrictions on offensive, misleading, or infringing content. Refer to Artwithheart.co.za’s Content Policy.

Outages:

  • co.za periodically scheduled system downtime for maintenance, and unplanned outages may occur. Users agree that Artwithheart.co.za is not responsible or liable for the unavailability of the site, loss of data, information, or materials, delay, miss-delivery, non-delivery caused by system outages, or outages caused by third parties.

Pay Your Bills:

  • Sellers are responsible for paying all fees owed to Artwithheart.co.za and for collecting and/or paying applicable taxes for purchases or sales made through the Artwithheart.co.za site. Sellers must comply with our Payment and Fee Policy governing fee, bill, and tax payments.

Communication:

  • Users agree that Artwithheart.co.za’s communication will be electronic, conducted via the email address provided on their account. This includes legal information, policy changes, and activities related to their account.

9. Termination

User Termination:

  • As a user, you have the option to terminate your account with Artwithheart.co.za at any time. Please note that you remain responsible for any outstanding fees and/or invoices. The termination of your account will not impact the availability of content posted with Artwithheart.co.za prior to termination.

Artwithheart.co.za Termination:

  • co.za may terminate or suspend your account and access to the Services if there is reason to believe that you, your Content, or your use of the Services violate our Terms of Use. Notification of account termination or suspension will be provided, unless repeated violations occur, or legal/regulatory reasons prevent notification. In such cases, you may lose associated account information, including your content.
  • co.za reserves the right to discontinue services, change, suspend, or discontinue any services for you or all users at any time, for any reason, as outlined in Artwithheart.co.za’s policies under these Terms of Use. Artwithheart.co.za will not be liable for any impact these changes may have on you, including your income or revenue generation through the services. The Terms of Use will remain effective even after termination of your access to the service or the end of your use of the service.

Legal Proceedings:

  • All users of Artwithheart.co.za agree to the jurisdiction of the Magistrate’s Court in any district as per Section 45 of the Magistrate’s Court Act 32 of 1944, as amended, for legal proceedings arising from these Terms of Use. This applies even if the proceedings would typically fall beyond the Magistrate’s Court’s jurisdiction, as provided by Section 28(1) of the mentioned Act.
  • However, the party initiating legal proceedings retains the right to institute such proceedings in any division of the Supreme Court of South Africa that has jurisdiction if they so choose.

10. Seller fees and payments

Fee Structure:

  • Sellers acknowledge and agree to pay Artwithheart.co.za fees for the utilization of its services, as explicitly detailed in Artwithheart.co.za’s Payment and Fee Policy.

Payment Processing:

  • co.za may offer payment processing services or integrate with third-party payment processors. Sellers commit to complying with the terms of use for payment processing provided by the platform or the selected payment processor.

Refunds and Chargebacks:

  • Sellers are accountable for managing refunds, returns, and chargebacks in alignment with Artwithheart.co.za’s policies or applicable laws. It is the seller’s responsibility to ensure adherence to established guidelines for the benefit of both sellers and buyers within the Artwithheart.co.za community.

11. Limitation of liability

Product Representation and Compliance:

  • By listing a product on Artwithheart.co.za, the seller affirms that the product is free from defects and complies with all applicable laws and regulations.

Indemnification:

  • All users agree to indemnify and hold Artwithheart.co.za harmless against any claims or damages arising from the sale and/or purchases through Artwithheart.co.za. Artwithheart.co.za shall not be liable for any loss of profits or any direct, indirect, incidental, consequential, special, or punitive damages related to the use or inability to use Artwithheart.co.za, or any products and/or services purchased through it, unless such loss or damage is proven to have been deliberately caused by Artwithheart.co.za. Artwithheart.co.za’s total aggregate liability for any loss under these Terms of Use shall not exceed R1000.

Scope of Terms of Use:

  • These Terms of Use constitute the complete and exclusive understanding between Artwithheart.co.za and users, superseding any prior written or oral agreements or understandings.

Items Purchased:

  • co.za does not manufacture, store, or inspect items sold on the website. It acts as a marketplace, and items are produced, listed, and sold by independent sellers. Artwithheart.co.za makes no warranties regarding the quality, safety, authenticity, or legality of items. Legal claims related to purchased items must be directed to the seller, releasing Artwithheart.co.za from any related claims.

Content:

  • Users may encounter offensive or inappropriate content on the platform. Artwithheart.co.za is not responsible for the accuracy, copyright compliance, legality, or decency of user-posted content. Users release Artwithheart.co.za from liability related to such content. Inappropriate content violating policies should be reported to support@artwithheart.co.za.co.za.

Sellers and Customers:

  • co.za has not vetted or screened sellers or customers. Users release Artwithheart.co.za from liability regarding interactions with other users. Caution and good judgment are advised, and in-person meetings with sellers or customers are not recommended.

Third-Party Services:

  • co.za’s services may contain links to third-party websites or services. Users access these services at their own risk, and any agreements are solely between the user and the third party.

Transactions Outside of Artwithheart.co.za:

  • If a transaction occurs outside the Artwithheart.co.za website, Artwithheart.co.za is not responsible for payment processing or delivery. Artwithheart.co.za is not to be utilized as a marketing tool for transactions outside the website.

12. Governing law and dispute resolution

Governing Law:

  • These terms are governed by and construed in accordance with the laws of South Africa.

Dispute Resolution:

  • Any disputes arising from or related to these Terms of Use or the use of Artwithheart.co.za shall be resolved through negotiation or, if necessary, through binding arbitration.

Indemnification of Artwithheart.co.za:

  • In the event that Artwithheart.co.za is subject to legal action due to a seller’s actions, the seller agrees to fully defend and indemnify Artwithheart.co.za, its employees, and duly authorized representatives. The seller commits to holding Artwithheart.co.za harmless from any legal claims or demands, including reasonable lawyer’s fees, arising from their actions, use (or misuse) of services, breach of the Terms of Use, or infringement of someone else’s rights. Artwithheart.co.za reserves the right to handle its legal defense as it deems fit, and the seller shall continue to fully indemnify Artwithheart.co.za. The seller irrevocably agrees to cooperate with Artwithheart.co.za in defending any claims brought against it, its employees, and duly authorized representatives.

Dispute Resolution Between Users:

  • In the event of a dispute with another user, customer, or third party, sellers are encouraged to contact the other party and attempt amicable resolution. If issues cannot be resolved, Artwithheart.co.za may choose to assist in the resolution, although it is not obligated to do so. Any unresolved dispute is to be escalated to Artwithheart.co.za at support@artwithheart.co.za.co.za.

Communication with Artwithheart.co.za:

  • For any issues requiring attention from Artwithheart.co.za, users are encouraged to communicate via support@artwithheart.co.za.co.za. Artwithheart.co.za will make efforts to find a mutually beneficial solution as far as reasonably possible.

13. Modification and termination

Modification and Termination:

  • co.za reserves the right to terminate Artwithheart.co.za and/or to modify or update these Terms of Use at any time. Users will be notified on the Artwithheart.co.za website of any material changes to the Terms of Use. It is the user’s responsibility to review and familiarize themselves with any changes at any given time. The user’s continued use of the Artwithheart.co.za website after such modifications constitutes acceptance of the updated Terms of Use.

14. Marketing and linking

  • Sellers are prohibited from linking out from Artwithheart.co.za to their own shop or other selling platforms. Artwithheart.co.za is primarily designed for selling purposes and should not be used as a lead generator or marketing platform for external sites or services.

15. Miscellaneous

  • These Terms of Use constitute the entire agreement between users and Artwithheart.co.za, superseding any prior agreements or understandings. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.

16. Privacy & Security

  • Users are encouraged to review the Artwithheart.co.za Privacy Policy, which is incorporated into these Terms of Use and governs the use of Artwithheart.co.za. In case of any conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern.
  • Information security is a priority for Artwithheart.co.za, and appropriate physical, electronic, and managerial safeguards have been established to protect user information. Artwithheart.co.za reserves the right to disclose any information as deemed necessary to satisfy applicable law, regulation, legal process, or governmental request.

 

17. Contact information

If you have any queries or required clarification, about the Terms of Use, please email us at support@artwithheart.co.za