1 Introduction

JP Nel t/a Die Danssaal – Artisan Studio & Workshop (“Die Danssaal”, “we”, “us” and “our”) is a photography studio, design space and workshop for handcrafting of the complete product range of Die Danssaal. Die Danssaal is also an online retailer.

JP Nel t/a Die Danssaal – Artisan Studio & Workshop is a sole proprietor, based in the Republic of South Africa and registered with the South African Revenue Service.

Die Danssaal is not registered for VAT (VAT will therefore not be charged)

2. Our Products

We take extreme care in the making of our products as well as the detail of our product descriptions (fabric used, dimensions etc.), quality of our product images (photographed in natural light) on our website as well as social media platforms such as Instagram and Facebook. 

Product Images on the site can be viewed via “super zoom” functionality showing textures of fabric used.

We strongly suggest that users of the website and prospective buyers of our products inform themselves of the details of the products as well as the look and feel as displayed on the website.

Colours on your monitor, tablet or phone may appear different to the tones printed on the fabric. Slight colour variations may occur between batches of printed fabric.

Die Danssaal cannot be held liable for, and will not be refunding purchases where products received do not match buyer’s “perceptions”.

3. Ownership and copyright

Die Danssaal’s website can be accessed at www.diedanssaal.co.za (the “Website”) and is the intellectual property of JP Nel t/a Die Danssaal – Artisan Studio & Workshop.

The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. 

The Website Content is the Intellectual property of JP Nel t/a Die Danssaal – Artisan Studio & Workshop.

You will not acquire any right, title or interest in or to the Website or the Website Content.

Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us at legal@diedanssaal.co.za

Where any of the Website Content belongs to any third party, your rights of use will also be subject to any terms and conditions which that third party imposes from time to time and you agree to comply with such third party terms and conditions.

4. Use of our Website

The Website enables you to shop online for the handmade products of Die Danssaal (“Products”) which include and are not limited to, Decorative Cushions and Covers, Table Runners, Pot holders, Bags etc

By using our Website and by clicking on the “My Account” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act of South Africa, 68 of 2008 (the “CPA”).

If there is anything in these Terms and Conditions that you do not understand, it is your responsibility to contact Die Danssaal to explain it to you before you accept the Terms and Conditions or continue using our Website. You can email your queries to legal@diedanssaal.co.za

Die Danssaal permits the use of this Website subject to the Terms and Conditions. You may not use this Website if you do not agree to the Terms and Conditions.

5. Placing of orders

By placing orders on our Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. 

If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may place orders on our Website only with the involvement and supervision of your parent or legal guardian. 

If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions. 

By making payments on our Website via the Yoco Payment Gateway you warrant that you are authorised to use the debit card or credit card used in the online transaction via the Yoco Payment Gateway. 

6. Additional terms and conditions regarding use of the website

You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider (legal search engines and indexing engines are excluded from this), other automatic device, or manual process to monitor, copy, distribute or modify our Website or the information contained herein, without the prior written consent from an authorised representative of Die Danssaal.

You may not use our Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

You may not in any way, other than for purposes of promoting the interests of Die Danssaal and with the express prior written consent of an authorised representative of Die Danssaal, display, publish, copy, print, post or otherwise use our Website and/or the information contained therein.

We strive to provide increased value to our users and in doing so we may provide links to other websites or resources. 

You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

7. Agreement of Sale

Users may place orders for Products, which Die Danssaal may accept or reject. Whether or not Die Danssaal accepts an order depends on the availability of Products, correctness of the information relating to the Products (including without limitation the price) and receipt of payment or payment authorisation by Die Danssaal for the Products.

Die Danssaal will indicate the acceptance of your order by delivering the Products to you and only at that point will an agreement of sale between you and Die Danssaal come into effect (the “Sale”). This is regardless of any communication from Die Danssaal stating that your order or payment has been confirmed. Die Danssaal will indicate the rejection of your order (by Die Danssaal) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid, subject to you providing Die Danssaal with the correct, accurate banking details for said refund.

Prior to delivery of the Products, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Products, you may return the Products only in accordance with our Returns Policy.

8. Your Shopping cart and Wish list

Placing Products on your wish list or in your shopping cart without completing the check out and payment cycle does not constitute an order for such Products and do not reserve said Products for you. Die Danssaal must receive your payment within 5 days of receiving your order, otherwise your order will be cancelled.

Products may be removed by Die Danssaal from the shopping cart if stock is no longer available or the price thereof might change without notice to you. You cannot hold Die Danssaal liable if such Products are not available or are not available at the specific price when you complete or attempt to complete the purchase cycle at a later stage.

9. Management of Stock Levels

In the case of Products for sale by Die Danssaal, Die Danssaal will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. Stock is sold on a “first come first served” basis. When Products are no longer available after you have placed an order, Die Danssaal will notify you and you will be entitled to a refund of any amount already paid by you for such Products.

10. Retailers

Retailers are welcome to contact us on retail@diedanssaal.co.za for discussion and making specific arrangements.

Products may otherwise not be purchased for re-sale. Should we suspect that any such Products are being purchased for sale, we are entitled to cancel your order immediately on notice to you.

11. Our Product Pricing Structure

The price of each of our products is displayed with the product. In the event of a sale or special offer, the discounted price will be displayed.

12. Payment options

We are committed to providing secure online payment facilities. Die Danssaal will take reasonable steps to ensure the security of the website at all times.

Die Danssaal do not store any banking details of any user, nor do we have access to any secure banking information.

All transactions are encrypted using appropriate encryption technology by Yoco Payment Gateway who is a 3rd party online payment processing company.

All transactions on this website will be processed in South African Rands (ZAR).

12.1 Payment can be made via –

12.1.1 Debit card: Debit card transactions are processed by Yoco Payment Gateway. If the bank does not authorise the card payment then the order will not be processed. We may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Products will be cancelled. You warrant that you are fully authorised to use the debit card supplied for purposes of paying the Products. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website. Banking fees charged by your bank as part of the transaction are payable by you, and not by Die Danssaal;

12.1.2 Credit card: Credit card transactions are processed by Yoco Payment Gateway. If the bank does not authorise the credit card payment then the order will not be processed.  We may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Products will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Products. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website. Banking fees charged by your bank to you as part of the transaction are payable by you, and not by Die Danssaal;

12.1.3 Direct bank deposit or electronic funds transfer:

If you pay via direct bank deposit or electronic funds transfer, payment must be made and received within 5 (five) days of placing your order. Die Danssaal will not accept your order if payment has not been received

The following applies to direct bank deposits and electronic funds transfers:

• The exact amount must be paid
• In the case of a direct bank deposit the amount plus the correct bank fee amount are to be deposited to ensure that the amount received by Die Danssaal is exact amount and does not reflect the exact amount minus bank fees. 
• Banking fees charged by your bank to you as part of the transaction are payable by you, and not by Die Danssaal.
• The payment must be uniquely identified by your order number, initials and surname of person that placed the order.
• Proof of payment must be emailed to orders@diedanssaal.co.za.
• Unpaid orders are cancelled after five working days.

13. Die Danssaal Coupons & Vouchers

Die Danssaal may from time to time make promotional coupons (“Coupons”) available for use on the Website towards the purchase of Die Danssaal Products.

Die Danssaal Vouchers can also be purchased – please email vouchers@diedanssaal.co.za for more details. Vouchers can only be redeemed while they are valid and their expiry dates cannot be extended.

13.1 Coupons

Coupons can only be redeemed while they are valid and their expiry dates cannot be extended.

There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R15 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g. 15% off (“Percentage Coupon“).

Coupons are issued in Die Danssaal’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.

Please note the following with regard to our Coupon structure:

• a Coupon can only be used once;
• only one Coupon can be used per order;
• only one Coupon can be used on the Website per person per promotion/campaign;
• the full amount of the Coupon will be deemed used irrespective if the purchase price of the product/products purchased is below or above the value of the Coupon
• Should the amount of the Coupon exceed the price of the product purchased, it cannot be exchanged or refunded for cash or credit.
• Percentage Coupons may only be redeemed on purchases with a total cart value of up to the maximum value as stated on the Coupon;
• where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel

• a Coupon must be used at check-out – it cannot be used later on existing orders; and
• the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you via payment options as set out in these Terms and Conditions;
• Coupons cannot be used to buy other Coupons, and cannot be exchanged or refunded for cash or credit. Die Danssaal is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
• If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact us on vouchers@diedanssaal.co.za to confirm if the Coupon is still valid.  If Die Danssaal confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions. Please discuss your options with Die Danssaal prior to placing your order again or prior to using it for your next order. 

You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Die Danssaal, before you are able to use a Coupon.

Click support@diedanssaal.co.za for instructions on how to use/redeem a promotional coupon.

Die Danssaal shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Products on this website. However, should there be any errors of whatsoever nature on this website (which are not due to our negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

14. Delivery of Products

For more information about delivery, please see our Shipping Details. Our delivery charges are subject to change at any time, without prior notice to you, so please check the Shipping Policy for the most up-to-date information and / or see the applicable delivery charges in your cart when you check out.

• Delivery method will be indicated on your order in the shipping section.
• Delivery address as supplied by you during checkout and payment process will be indicated on your order in the shipping address section.
• Delivery periods are calculated based on business days only and is an estimate.
• The delivery process will only commence once Die Danssaal has received the required payment from you for the order.
• Die Danssaal makes every effort to ensure that the information supplied on this website is accurate. Where delays and out of stock situations occur, every reasonable effort will be made to inform you as the user / purchaser.
• Where it accepts your order, Die Danssaal will endeavour to deliver the Products to you as soon as reasonably possible, but no later than 10 (ten) to 21 (twenty-one) business days after receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Products during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Products. If you elect to cancel your order, we will reimburse you for any amount already paid.
• Die Danssaal’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you as the shipping address during the checkout and payment process for the delivery of your order.
• Die Danssaal is not responsible for any loss or unauthorised use of a product/products, after it has delivered the product/products to the physical address supplied by you during the check out and payment process.
• Prior to delivery of the products as per your order, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notification. After delivery of the products, you may return it only in accordance with the Returns Policy.
• Die Danssaal cannot be held liable for delays caused due to third party administrative or other issues, logistics etc.

15. Returns

Please refer to our Returns Policy for more information about returning products.

16. Privacy policy

We respect your privacy and will take reasonable measures to protect it. Please see more details below.

Should you decide to place an order and/or create an Account as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –

• your name and surname;
  
• your email address;
  
• your physical address;
  
• your mobile number;
  

Subject to the terms on conditions below, we will not, without your express consent, use your personal information for any purpose other than as set out below:

• in relation to the ordering, sale and delivery of Products;
• to contact you regarding our current or new Products (or services) (unless you have opted out from receiving marketing material from us);
• to inform you of special offers and promotional competitions offered by us (unless you have opted out from receiving marketing material from us); and
• to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or

• to our third party service providers who help with parts of our business operations (fraud prevention, marketing, technology services etc). or assist us to interact with you via our Website, email or any other method, for the purpose of ordering of Products or when delivering Products to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently and/or correctly delivery your Products
• in order for us to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new products or services, new features, special offers or promotional items (unless you have opted out from receiving marketing material from us);
• to law enforcement, government officials, fraud detection agencies when we believe in good faith or having received a court order that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;

We will –

• treat your personal information as strictly confidential, save where we are entitled to share it as set out in these terms and conditions;
• take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
• provide you with access to your personal information to view and/or update personal details;
• promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
• provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
• upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain. Please note that this may impact on future service delivery periods as you will have to supply us with said information again in order to process your order and/or make delivery to you.

We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

Die Danssaal undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.

Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Die Danssaal, Die Danssaal shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to a third party. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

Cookies

This website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile data that will allow the website operator to improve the functionality of the website and its content, etc. 

The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. 

Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. 

If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of the terms and conditions as set out above.

17. Electronic communications

When you visit the Website or send emails to us, you consent to receiving communications from us electronically in accordance with our Privacy Policy as set out above.

18. Errors

We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Products on our Website. However, should there be any errors of whatsoever nature on our Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

19. Availability and termination

We will use reasonable endeavours to maintain the availability of the Website and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

Die Danssaal may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Die Danssaal will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.

If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Products, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

Die Danssaal  is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or voucher or coupon intended by Die Danssaal to be used once-off by you, to blacklist you on our database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Die Danssaal, in whole or in part, on notice to you. 

Die Danssaal shall only be liable to refund monies already paid by you (please see Die Danssaal’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

At any time, you can choose to stop using the Website, with or without notice to Die Danssaal.

20. Complaints and Disputes

In the unfortunate instance where you as the user or consumer may have a complaint related to our website, products, orders placed or delivery thereof, or any aspect not listed here, please email your complaint with details to complaints@diedanssaal.co.za. We will address and endeavour to resolve the issue as a matter of priority. 

Any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

21. Disclaimer

The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

Whilst JP Nel t/a Die Danssaal takes reasonable measures to ensure that the content of the Website is accurate and complete, Die Danssaal makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. 

Die Danssaal disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

The Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied.

In addition to the disclaimers contained elsewhere in these Terms and Conditions, Die Danssaal also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer or device system, computer or device network, hardware or software in any way. 

You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer or device system, computer or device network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Die Danssaal or authorised representatives. 

Die Danssaal thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

You hereby indemnify Die Danssaal against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third party website.

Die Danssaal is not responsible for any failure to perform its obligations in these Terms and Conditions, if it is prevented or delayed in performing those obligations by an event of force majeure

22. General

Die Danssaal may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. 

Should you not be satisfied, you may not place any further orders on, or in any other way use, the Website.

Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

Any failure on the part of you or Die Danssaal to enforce any right in terms hereof shall not constitute a waiver of that right.

If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

These Terms and Conditions contain the whole agreement between you and Die Danssaal and no other warranty or undertaking is valid, unless contained in this document between the parties.

23. Notices

Electronic notices can be emailed to legal@diedanssaal.co.za . Email communication between you and legal@diedanssaal.co.za  must make use of the “Read Receipt” function to serve as proof that an email has been received.

Please contact Die Danssaal at legal@diedanssaal.co.za to make arrangements for the delivery of other forms of notices or correspondence.

Conclusion

We will welcome any comments with regards to the above Terms and Conditions. Please email your comments, suggestions or questions to legal@diedanssaal.co.za