Terms & Conditions

IMPORTANT:    

Who you are contracting with:

www.graffitiskins.co.za (the “Website”) is owned and operated by Graffiti Skin (Pty) Ltd, Registration number: 2013/219131/07 and/or its duly authorised agents and/or representatives (hereinafter referred to as “Graffiti Skins”).

Visitors to the Website (“Users” or “you”), including those Users who purchase any products on the Website (“Purchasers”) are bound by these terms and conditions (“T&C”).  If you do not agree to these T&C, do not continue to use the Website.  Your continued use of the Website will constitute acceptance of the T&C, unmodified by you. Please take note of the Disclaimer clause in particular.

Graffiti Skins Products & Availability
Stock availability: Stocks of all goods on offer are limited.  Graffiti Skins shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued.  However, should Graffiti Skins be unable to fulfil any order placed by you at the advertised price due to stock having sold out, Graffiti Skins will notify you and you will be entitled to a refund of the amount paid by you for such product, as explained in more detail in the Refund Policy (“Refund Policy”)

Errors:
Please note that although Graffiti Skins endeavours to accurately describe and/or depict each product on the Website, errors might creep in. Should you be dissatisfied with the product you receive for any reason, you are entitled to return the product to Graffiti Skins. Please see our Returns and Refund Policy y in this regard (which explains how and when you can be refunded, which exceptions apply, as well as how returns are to be made).

Copyrighted Material
Graffitiskins only operates as a printer, and thus can not be held liable for any copyright infringement on customized designs. You, the client carry the onus to ensure that all Copyright Material are cleared prior to use. 

Agreements of Sale
Placing a product in a shopping basket or adding it to a wishlist without completing the purchase cycle does not constitute an agreement of sale and/or an order for such product, and as such, Graffiti Skins may remove such product from the shopping basket or wishlist if stock becomes unavailable and you cannot hold Graffiti Skins liable if such product is not available when the purchase cycle is completed at a later stage.

An agreement of sale only comes into effect if and when: (a) you electronically submit a properly completed order for one or more products in your shopping basket; and (b) payment is either authorised, or received by Graffiti Skins in its bank account.

Termination of Sales, Cancellation of Orders & Blacklisting:
By Graffiti Skins: Graffiti Skins reserves the right, for purposes of preventing suspected fraud and/or where it suspects that you have created multiple User profiles to take advantage of a promotion or Coupon intended by Graffiti Skins to be used once-off by you, to blacklist you on its database to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and Graffiti Skins, in whole or in part, on notice to you.   Graffiti Skins shall only be liable to refund monies already paid by you (see Graffiti Skins’ Refund 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/sale.

By You: Due to the nature of our product and because you are afforded the chance to pick your product which makes the skin “custom” to your choice – we will order your skin on receipt of payment of the order. If we haven’t placed your order with our printers and/or they haven’t started printing your skin – then yes you can cancel, otherwise unfortunately not. Please notify us of your intent to cancel promptly as we place your order almost immediately so that we can deliver to you as soon as possible. Please read the Refund Policy for further details in this regard.

Amounts payable by You

1. Prices:   The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed.  However, note the following for pre-order products (being products pre-ordered in advance of their public release dates): if the price of that product upon its release is lower than the price you paid for your pre-order, then your account will be credited with the difference.

2. Delivery Charges:   Delivery charges differ depending on a variety of factors, including product type, price, and weight, as well as whether delivery is to be made within, or outside, the borders of South Africa.  Please see details of Postnet’s delivery charges here:
[DETAILS TO FOLLOW]

3. Import Duties:   Import duties may be payable by recipients of goods in foreign countries.  Graffiti Skins does not know what import duties/levies may be payable and cannot calculate or estimate such costs.  You are responsible for determining whether any such import duties/levies are payable and, if so, the amount thereof.

Errors:  
Graffiti Skins shall take all reasonable efforts to accurately indicate prices and delivery charges.  However, should products be erroneously offered at incorrect prices and/or delivery charges, Graffiti Skins will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall  refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.

Payment Methods
Subject to any exceptions expressly mentioned below, your payment for any products ordered from Graffiti Skins must be made to us in any one of the following ways:

1. Credit card payments:
At the time of placing the order, the transaction details are presented to the bank and payment is collected immediately. If the bank’s authorisation is not obtained, the order will be cancelled. Graffiti Skins may carry out certain fraud checks with the cardholder or the cardholder’s bank. Should Graffiti Skins be unable to verify the validity of the transaction the order will be cancelled.

Storing credit card details: Note that the Website may enable you to store your credit card details for easy usage later. However, Graffiti Skins is not the one collecting, storing or otherwise processing your credit card details. Instead it is SagePay South Africa (“SagePay”), a Payment Card Industry (“PCI”) compliant payment service provider, who will collect, store and process your credit card details for you, and display them to you later on the payment page of the Website and/or other external websites which support this SagePay facility. More specifically, by selecting to have your credit card details stored, you will be doing the following:

contracting with SagePay who will collect, store and process your credit card details for you on its systems in an encrypted format in SagePay’s secure PCI compliant environment (which is why you will be clicking to agree to its standard terms of service that are applicable to you);

agreeing that Graffiti Skins may disclose (by means of a link between the Website and the systems of SagePay) to SagePay such of your information that Graffiti Skins has on record as is necessary to enable SagePay i) to verify your identity and determine whether you are already a registered SagePay user or not; ii) to create a profile for you and store your credit card details with reference to that profile; and iii) to check against your profile and pre-populate your credit card details on the Website, whenever you log into your account (without you having to actively call upon SagePay to do so each time).

2. Bank deposits & Electronic Funds Transfer:
If you select to pay via this method, instructions will be given on how to deposit monies into Graffiti Skins’ bank account and it would be subject to the following rules:

the exact amount must be paid;
the payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer;
no transfers may be made from ATM’s;
cheque deposits are subject to a clearing period;
no bank deposits are accepted from outside the borders of South Africa; and
your order will be cancelled if the amount due is not paid within 5 business days.

Deliveries

Delivery Charges:
Delivery charges are calculated automatically based on the delivery destination, total value, weight and dimensions of all products included in an order, when the order is created. Please read our  Delivery Charges  page for further details.

Delivery Methods:

Local delivery (within South Africa)

Local delivery may be made in the following ways:

Door-to-door: You can have your parcel delivered by courier between 8am and 5pm, Monday to Friday.
POSTNET Office: You can choose to collect your parcel from the counter at your local POSTNET Office.
Graffiti Skins warehouse collections: Collect your parcel between 9am – 3pm, Monday to Friday from:
Graffiti Skins – DVR Office Block
1 De Waal Street, cnr Rae Frankel Street
Brackendowns
Alberton

NOTE: If your parcel weighs 5kg or more (but less than 30kg), a surcharge applies. If your parcel weighs 30kg or more, you will have to collect it from the Alberton warehouse.

International delivery (outside of South Africa)

NOTE: Provided that your parcel weighs less than 10kg, and is no bigger than 120cm in length, breadth or height we can deliver internationally.

All international deliveries are subject to the import and custom laws of that country, and Graffiti Skins cannot be held responsible if a parcel or item is detained or confiscated due to these laws.

Delivery Periods:
Delivery periods are only regarded as having commenced upon payment confirmation being received by Graffiti Skins. If paying with a specific credit card for the first time on the Website, or if Graffiti Skins regards the transaction to be large and/or unusual, Graffiti Skins may carry out certain fraud checks with the cardholder’s bank and the delivery period shall only be regarded as having commenced upon completion of such checks.

Delivery periods are calculated based on business days only. Saturdays, Sundays and public holidays are not taken into account in calculating delivery periods. So, for example, if you order something over the weekend, the delivery period will only start running on the next business day.

If products with different delivery times are ordered together, the product with the longest delivery time will determine the delivery time of all the products in the order.  So, if you want to order various products where some have a shorter delivery period than others (including so-called 24 hour dispatch products), we recommend that you order such products separately from the products requiring longer delivery times.

Graffiti Skins makes every effort to ensure that the information supplied on the Website is accurate.  Where delays and out of stock situations occur, every reasonable effort will be made to inform the Purchaser.

Local delivery
All Graffiti Skins items listed on the Website have an indication of the delivery time. Our normal turn around time from receipt of payment is however about 14 working days.

International delivery
Delivery usually takes place within 2 to 3 weeks after dispatch, however, seasonal peaks and delays at customs is outside the control of Graffiti Skins and deliveries may take up to 12 weeks.

Pre-order products
Pre-order products (being products you can order in advance of their public release date) will be handled separately, and will be shipped when ready.  If you have any pre-orders in your basket together with other products, the basket will be split into a different orders, and you may choose different delivery addresses for each order.

Vouchers & Coupons
Graffiti Skins may make physical and/or electronic gift vouchers (“Vouchers”), as well as electronic promotional coupons (“Coupons”) available on the Website from time to time.  Vouchers and Coupons can only be redeemed while they are valid (their expiry dates being unable to be extended), and on the Website towards the purchase of Graffiti Skins products.  More specifically:

Gift Vouchers
Physical Vouchers can be purchased and will be delivered in the same way that Graffiti Skins products are, either on their own or together with other products.  However, if you place any electronic Vouchers in your shopping basket with other goods, the system will split the basket contents into two orders (one for the goods, and one for the electronic Voucher/s). Payment for the electronic Voucher/s will also be obtained from the bank immediately.

Vouchers cannot be –
used to purchase other Vouchers or Coupons;
exchanged for cash; or
transferred or assigned to any other person once already partially redeemed towards a purchase.
Please note that certain Vouchers may be product-specific in that they can only be used to purchase specific products listed on the Website.

Promotional Coupons
Coupons are issued electronically at Graffiti Skins’ own discretion.  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.  As a general rule, and unless specified otherwise on the specific Coupon itself –
a Coupon can only be used with promotional offers on the Website;
only one Coupon can be used per profile;
only one Coupon can be used per person unless Graffiti Skins specifies otherwise; 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.  Please note the following exception in this regard: should the value of the products in your shopping basket have qualified for ‘Free Delivery’, but after application of the Coupon to such basket, the remaining balance is less than the value required in order to qualify for Free Delivery, delivery costs in respect of such basket will be added and be payable by you.

Note that Coupons cannot be –
used to purchase other Vouchers or Coupons;
exchanged for cash; or
transferred or assigned to any other person.

Age Restrictions on Sales
The onus is on you to ensure that you and/or the person for whom you may be buying a product on the Website, meet any age restrictions applicable to such product and that these restrictions are observed.  For example, if you make a Website purchase of a skin for a child, the onus is on you to ensure that the skin is suitable for such child’s age.  Accordingly you indemnify Graffiti Skins from any and all liability in this regard.

Sales Records
A full record of every sale and related transaction between you and Graffiti Skins shall be maintained on the Website for a period of 12 months following the date of such sale or related transaction.  You shall thus only be able to view and print such record during such period, whereafter, you shall be responsible for retaining your own record of the relevant sale or related transaction.

Disclaimer
Save for Graffiti Skins being liable to you –
under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by Graffiti Skins to you via the Website; and
under sections 43(5) and 43(6) of the ECT Act in relation to Graffiti Skins’ payment systems not being sufficiently secure,
Neither Graffiti Skins nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website.  Furthermore, Graffiti Skins makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free.  You are encouraged to report any possible malfunctions and errors to info@graffitiskins.co.za

Although the products sold via the Website may be under warranty, the Website itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements.  It is your sole responsibility to satisfy yourself prior to accepting these T&C that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.

Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Graffiti Skins and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.

Governing Law and Jurisdiction
This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the ‘Disputes’ clause of these T&C, you and Graffiti Skins submit to the non-exclusive jurisdiction of the South African courts.

Privacy
We respect your privacy and will not disclose your personal information to third parties for marketing purposes if you have requested us not to do so (which you are able to do at any time). The manner in which we use your information is regulated in more detail as described in our Privacy Policy (“Privacy Policy”).  The Privacy Policy is hereby incorporated by reference into these T&C.  So, if you are not satisfied with the level of privacy we provide or otherwise disagree with anything in the Privacy Policy, then you are deemed to not agree to these T&C and you should not use the Website, because as stated above, your continued use of the Website will constitute acceptance of the T&C, including the Privacy Policy.

Security
Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that Graffiti Skins suffers any damage or loss.

You agree and warrant that your log-in name and password shall be used for your personal use only and shall not be disclosed to any third party.

You allow Graffiti Skins to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.

All credit card transactions are Secure Socket Layers encrypted.  Graffiti Skin’ registration documents and the Website’s registered domain name are checked and verified by Thawte.

Changes to Agreement
Grafitti Skins may, in its sole discretion, change these T&C or any part thereof at any time on notice to you.  It is your responsibility to ensure that you are satisfied with the amendments.  Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using in any way, the Website.

Disputes
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Graffiti Skins on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department of Graffiti Skins, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa.  The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf .

Address for Notices
Graffiti Skins chooses as its address for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address:  DVR – Office Block, 1 De Waal Rd, cnr Rae Frankel Street, Brackendowns, Alberton, 1448, South Africa, with a copy to landi@graffitiskins.co.za (the sending of such copy being required in order for any notice to be validly delivered to Graffiti Skins).

Term and Termination
These T&C shall commence from the date on which they are published on the Website and continue indefinitely, as amended by Graffiti Skins from time to time (as described above), for so long as the Website exists and is operational, Graffiti Skins being entitled to terminate these T&C and/or shut down the Website at any time (subject to still processing any orders then already placed and accepted by Graffiti Skins).

Copyright & Other Intellectual Property Rights
Any and all copyright subsisting in the Website, including these T&C, vests in Graffiti Skins and all rights not expressly granted are reserved.  You may only download, view and print content from this Website for private and non-commercial purposes.  To obtain permissions for the commercial use of any content on this Website e-mail us on info@graffitiskins.co.za or phone customer support on +27 (0)11 900 2951 for assistance.

Graffiti Skins cannot screen or edit all the content available from the Website and does not accept any liability for illegal, defamatory or obscene content.  You are encouraged to inform Graffiti Skins of any content that may be offensive or illegal.

All the content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Graffiti Skins and as such are protected from infringement by local and international legislation and treaties.

Electronic Communications
When you visit the Website or send e-mails to Graffiti Skins, you consent to receiving communications from Graffiti Skins electronically and agree that all agreements, notices, disclosures and other communications sent by Graffiti Skins satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.

Hyperlinks, Framing, Spiders & Crawlers
Hyperlinks provided on this Website to non-Graffiti Skins sites are provided as is and Graffiti Skins does not necessarily agree with, edit or sponsor the content on such web pages.

No person, business or web site may frame this site or any of the pages on this Website in any way whatsoever.

No person, business or web site may use any technology to search and gain any information from this Website without the prior written permission of Graffiti Skins. Such permission could be obtained from landi@graffitiskins.co.za

Information
The ECT Act states that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about it available to customers on websites where the goods or services are offered.

Graffiti Skins’ information is as follows:
Full name: Graffiti Skin (Pty)Ltd trading as Graffiti Skins, registered in South Africa, registration number 2013/219131/07
Main business: Online retailer
Phone number: +27 (0)10 591 0032
Physical address for receipt of legal service (also postal and street address): DVR – Office Block, 1 De Waal Street, cnr Rae Frankel Street, Brackendowns, Alberton, 1448, Republic of South Africa
Office bearers: Dion van Rensburg (Marketing & Production Director);
Landi van Rensburg (Legal & Finance Director);
Marlon Booysen (Sales Director)
Website: http://www.graffitiskins.co.za
Official email address: info@graffitiskins.co.za

Code of Conduct: not applicable