Terms and Conditions
Terms and Conditions
Welcome to Classic Africana. We’re happy to have you here. We are committed to making our Terms and Conditions as easy to read and understand as possible. If you have any questions, please contact us (insert URL for Help/FAQ)
1. About these Terms and Conditions
In this terms and conditions:
“We", "Us" and “Classic Africana” means Classicaffricana.com which is fully owned and operated by Classic Africana P.O. Box 226 Forrestfield, Perth WA.
"You" means you the customer.
“These conditions”, means this terms and conditions
“Products” means goods sold by Classic Africana on this web site.
“Minor” means under 18 years old
“Order” means an order for Products on this web site.
“Website” means Ultimatetouchstore.com
“Price” means the price at which the Products are sold on this website.
“Recommended Retail Price” (RRP) means Products price for comparison purposes, as determined by clause 7 of these Terms and Conditions.
These Conditions, together with the Australian Consumer Law contained within CCA Act 2010, constitute the entire Contract between Classic Africana and you for the supply of Products. The Contract cannot be varied without our written consent.
We reserve the right to update these Terms and Conditions and the current version will be loaded on the Terms and Conditions page of our website. Please read these Terms and Conditions, and contact us (http://classicafricana.com/index.php/contacts/) if you have any particular questions. Do not use our website If you disagree to our Terms and Conditions
2. Legal Capacity to Transact
By accepting our Terms and Conditions you acknowledge to be over above eighteen (18) years old. If you are a minor you cannot place orders with us. Should we suffer any damage or other losses as a result of a transaction entered into by a minor, Classic Africana reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Classic Africana.
You are responsible for ensuring that all persons who access our website through your Internet connection are aware of our Terms and Conditions, and that they comply with them You are also responsible for making all arrangements necessary for your own access to our website.
3. Special offers (e.g. Free shipping)
We may offer free shipping at specified times and on specified products. Where free shipping is offered it will only be available on selected products and to selected locations.
4. Our product
Product description and display
We have put in effort to best display as accurately as possible the colours of the products shown on this web site. However, since the colours you see will depend on your monitor resolution, we cannot guarantee the accuracy of your monitor's display of any colour. We endeavour to ensure that all the products on our website are accurately described. Also NOTE that all or most of our products are handmade and sometimes there could be a slight variation between the display and the actual product.
Correction of Errors and Inaccuracies; Limitations on Quantity
To the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available or offered on our website are accurate, complete, reliable, current or error-free
Whilst Classic Africana makes every reasonable effort to present accurate information on this web site, unfortunately, on some occasions there is the possibility that our website will contain errors such as typographical errors or inaccuracies, omission, outdated information etc. We therefore reserve the right to amend any errors or inaccuracies at any time, including after you have placed an order. If the amendment affects your order already placed we will contact you to advise of the changes and give you options of a refund or to proceed with the order as amended. Please note that, inaccuracies or omissions errors may relate to product description, pricing and availability.
Product variations from Website image
Most of the products we offer for sale are hand-made or made from natural or organic materials, and there may be small variations between the product image(s) and the product you receive which always be stated on the individual product listing. However we endeavour to ensure that all colours are displayed accurately, but you should be aware that colours may appear slightly differently on different displays and screens. The shade of colour from screen to screen is not a fault or error. This will be classified as a change of mind and returning items based on change of mind will be at the expense of the customer.
On rare occasions our handcrafters find themselves unable to deliver products to us, or the products delivered are not of sufficient quality or workmanship. We reserve the right to withdraw any products from our website at any time and/or remove or edit any materials or content on our website.
We will not be liable to you or any other third party by reason of our withdrawing any product from our website, whether it has been sold or not, removing or editing any materials or contents on our website, or for refusing to process or accept an order after we have sent you the order confirmation.
5. Regular website changes
We aim to update our website regularly, and may change content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. We will use reasonable endeavours to ensure our website contains accurate information and content, however, we reserve the right to update our website as soon as an inaccuracy or error is brought to our attention.
When you place your Order, we will issue you an Order Number via email. By placing an Order, you make an offer to us to purchase the products you have selected based on these Terms and Conditions. After you have placed your order and we have processed your payment we will provide you with an order confirmation by email. This email does not guarantee that the product(s) you have ordered is/are available. It represents confirmation that we have received your order. Your order represents an offer to purchase, which we accept when we dispatch your product(s) and send you an email confirming that your product(s) has/have been dispatched.
Whilst we will make our best efforts to process all orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an order confirmation, which we reserve the right to do at any time, at our sole discretion. Such circumstances are:
- If delivery of an order will result in unacceptably high freight charges, Classic Africana, we reserve the right to contact you to request further shipping fees or to cancel the order before dispatch. If your order is cancelled in these circumstances we will issue a full refund.
- In the unlikely event that a product is unavailable, we reserve the right to cancel your order prior to dispatch and this will be communicated to you via email to let you know. You may choose to have a store credit to your account or a refund to the value of the unavailable product.
- We also reserve the right reject your order and cancel your order in the event that we are unable to obtain authorisation for payment, where we suspect fraudulent activity, or where you do not meet the eligibility criteria set out, or otherwise contemplated, within these Terms and conditions on our website
7. Prices and GST.
All prices displayed on our website are in your local currency and include GST. All payments are processed in dollars.The Recommended Retail Price for each product is provided to us by our product valuers and is shown alongside any discounted prices for your reference. Prices are subject to change effective immediately upon posting to our website or other form of notification.
8. Payment processing and security
We accept payment by PayPal, which is a secure environment for the authorisation of credit card charge card transactions and encrypts your information using industry standard SSL 128-bit encryption technology
We will not be liable for any damages or losses (whether direct or indirect) caused if a member’s card is used fraudulently.
In an effort to prevent fraudulent use of credit cards or other payment options, we will undertake reasonable efforts to validate the legitimacy of the order and payment method. However, we do not guarantee that we can prevent the fraudulent use of such information by unauthorised third parties.
In instances of high value orders being placed and/or where we suspect your card may be at risk of fraudulent use, we will follow internal company procedures to confirm the order is bona fide. Orders undertaking a formal check will be placed on hold until we have received confirmation the transaction is legitimate. Where we cannot reasonably rule out fraudulent card use prior to processing your order, we may decide to cancel the order (notifying you via email).
9. Product Delivery
Delivery fees and times will vary for different products and are calculated based on the size and weight of your order and its destination. The delivery price for each order will be displayed during the checkout process, prior to payment and order confirmation and included in the total price of your order. Changes made to delivery address or delivery time after placing an order may incur additional charges, which we reserve the right to request to add to your original delivery charge. Delivery estimates calculated at checkout are based on delivery to the front door of a ground floor. Approval for requests to have items delivered past this point must be requested prior to an order being placed. This is a request and cannot be guaranteed. The request is based on courier availability and payment of this service.
You agree to pay any shipping and handling charges presented to you at the time you make a purchase.
Delivery times will vary. We will use our best efforts to ensure your order arrives as soon as possible. Each product listing includes the estimated delivery time frame for that product. In some cases the estimated dispatch time frame will be longer, for example where items are made to order or for reasons outside our control. We work hard to process all orders as quickly as possible and we will send you an email to let you know when your item has been dispatched by us or if we anticipate delays.
Delivery methods & locations
We work with delivery partners and courier companies in order to deliver worldwide; in some cases this may be handed to a third party to ensure remote areas can be accommodated. Your order will be delivered to the delivery address provided by you during the checkout process or as updated through our Customer Care team after your order is finalised.
Note that we DO NOT deliver to P.O. Boxes. For larger high value items, we may be able to offer alternate delivery service, however this is not available for all items and all areas. Our customer care team can confirm if this is available to your order and area, applicable fees and charges will apply.
Our delivery partner may leave a card at the address and you will need to pick up the delivery from your nearest Post outlet or contact the courier company to arrange for re-delivery.
In this case of areas that are inaccessible with standard courier and delivery services and for items we deem at high risk of loss or damage, we reserve the right to refuse delivery to these locations. In this case, you may choose to have an item delivered using your own couriers, in which case all insurance for loss or damage to the order caused by the delivery will be your responsibility.
It is vital that you verify your information is correct before placing your order, especially your delivery address. In the event the address provided is incorrect and the package is returned, you will be billed for the additional shipping charges in order for your delivery to reach you. You agree to this by placing an order with us, we reserve the right to pass on applicable charges to you if you provide wrong address information. We also require a contact phone number, which may be used to arrange delivery by the courier. If we and our delivery partner have been unable to deliver your order due to your error or fault after 21 days or 2 attempts (whichever is sooner), we reserve the right to cancel your order. In these circumstances we will refund you the price of your order, less the delivery and handling fees incurred by us.
Authority To Leave
By selecting No and clicking Accept on our Signature on Delivery option you authorise the courier to leave the goods unattended at the delivery address and you accept that once the courier has done so, the complete order has been received. Selection of Authority to Leave is deemed by our couriers as a signature from the recipient.
Classic Africana and couriers associated with the delivery, do not accept responsibility for any loss or damage which results from the Authority To Leave delivery method. You agree to release Classic Africana from and against any and all claims, demands, liabilities, losses, costs and expenses if Authority To Leave is selected.
Should the courier be unable to leave the parcel or deem the location to be an unsafe area to leave the parcel or your instruction text is unclear, the courier may leave an attempted delivery card and return the parcel to their depot.
Risk and title to the goods transfers to you after the first attempt at delivery irrespective of whether it was successful or not.
10. Next day dispatch
This will apply to sale events or products displaying the 'Next Day Dispatch' icon.
All purchases are subject to our usual Terms & Conditions. Orders received and processed by us before 11:59pm AEST each business day get dispatched the following business day while orders received and processed by us on Friday or weekends will be dispatched on the following Monday Please note that orders will be dispatched directly from our supplier to you. We will use our best endeavours to assist our supplier to dispatch within the estimated timeframe, but it is always possible that delays will occur due to factors outside our control. Similarly, delivery times may vary due to external factors beyond our control.
You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Our products come with guarantees that cannot be excluded.
For more details on returns please visit our Returns Policy page on our website.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. To the extent permitted by law, we, our directors and employees, and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statutory, common law or the law of equity or otherwise, relating to the Products.
- Liability for any consequential loss or damage, direct or indirect incurred by any user in connection with our website, products or services or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss or interruption of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of our website which cannot be excluded, restricted or modified except to a limited extent.
Our liability is limited any one or more of the following in our sole discretion:
- With regards to goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and
- With regards to services, the supply of the services again or the payment of the cost of having the services supplied again.
Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed the amount you paid for the products in question. You agree to indemnify us, and our representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, or which is directly or indirectly related to the use of our website, or any other products or services accessed via our website.
13. Intellectual property
We own all intellectual property rights (including, without limitation, trademarks and copyright) in our website, and in the material published on it (including, without limitation, its look and feel, brands, logos and trademarks and information, graphics, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein that are protected by intellectual property laws.
Any materials on our website, services or e-commerce facilities must not be used for commercial purposes without our consent. Printing, copying or downloading any part of our website will be in breach of these Terms and Conditions and your right to use our website will cease immediately. You are not permitted to copy, publish or use any of the content in any way, whether personal or commercial, our permission.
14. Third party websites
Our website has links or references to other sites, resources, products or services by third party providers, the links or references are provided for your information and convenience only. We have no control over the contents of those sites, resources, products or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them (notwithstanding anything else contained herein).
Carefully review the terms and conditions and privacy policies of all off-website pages and third party suppliers that you visit or transact with on our website. Links, references or other connections to these sites, resources, products or services do not imply that we endorse them or any association with their owners, operators or advertising material. Linking to these sites, or use of, or reliance the sites, resources, products or services is at your own risk.
You may link to our home page provided your links do not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
We do not accept the framing of our website on any other site. Our site must not be utilised by third party web crawlers (or similar) in order to scrape content from our site for any purpose. We reserve the right to withdraw linking permission in search cases without notice.
15. Viruses and Hacking
While we do our best to ensure that our website is virus-free, you acknowledge that the Internet and e-commerce facilities may attract unknown contingencies out of our control. Accordingly, we will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it. We recommend that you ensure you have up to date virus checking software installed.
16. Facebook and Blog
The purpose of our Facebook page and our Blog is to provide our fans with inspiration, information on our sale events, access to special promotions plus the latest goings on at Classic Africana and from our circle of friends. You’re welcome to contribute your own comments, photos & videos. To ensure a positive and respectful environment for everyone, we ask that you use socially acceptable language when making a contribution.
We’ll delete posts that we consider to be off-topic, spam, advertising, offensive, sexually inappropriate, threatening, abusive, hateful, profane or defamatory towards a person, race, ethnicity, entity, belief or symbol. We’re big supporters of lively, open discussion and we don’t shy away from negative feedback from our customers, we simply deal with it in our usual professional, friendly manner.
However, we reserve the right to address factual errors or delete posts if we think it appropriate or necessary to do so.
We support the Facebook Statement of Rights and Responsibilities, and our Facebook page adheres to relevant Facebook policies.
We reserve the right to ban users who don’t abide by these guidelines.
17. Other Policies
- All data provided by you is accurate.
- By entering your payment details, you are the authorised account holder and that the payment details you provide on ordering are both valid and correct
- You are the person referred to in the billing information provided.
- You shall comply with our policies and guidelines as apply from time to time.
Classic Africana shall not be responsible for any delay, suspension or failure in performing any of its obligations under these Terms and Conditions if such a delay arises from any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, war or national emergency, shipping, explosion, postal theft, failure or accident, postal or other relevant transport strike, lockouts or other labour difficulty, acts of terrorism, fire, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, interruption of the internet or a website (such as Facebook) or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.
These Terms and Conditions may be revised at any time as deemed necessary. You are expected to check this page from time to time to ensure you are up to date with our changes, as they are binding on you. Any changes are effective immediately upon posting. Your continued use of our website thereafter constitutes your agreement to all new changes. Please read these Terms and Conditions before placing an order online and check back often. If you do not agree to any change, please do not use our website.
21. Direct Import Goods
Direct Import Goods are sold to you on a Ex Works basis, in accordance with the Incoterms® 2010 terms, whereby the risk of ownership and title in the goods passes to you on the date and time the Direct Import Goods are placed at your disposal at the Supplier's premises or another named place not cleared for export and not loaded on any collecting vehicle.
Some of our products available for purchase from Classic Africana may be sourced from International Markets.
By purchasing items from International Markets you acknowledge and agree that
- You are an importer of record and as a result you will be the responsible party for any Taxes associated with Direct Import Goods in your country.
- Classic Africana is not liable for any loss, damage, cost or expense that you incur as a result of your obligation to act as the importer of record for the Direct Import Goods
- You are responsible to find out the import laws in you country including the ‘low value import threshold’ for example in Australia goods worth or over AUD$1,000, (subject to change at any time) are subject to duties and taxes. For further information on applicable duties and taxes, contact your customs or tax offices in your country.
Classic Africana will be using its Nominated Delivery Agent for all shipping and delivery requirements, on your behalf. The cost of shipping and any other duties and taxes will be charged separately from the price of the Direct Import Goods.
Returns for all Direct Import Goods will be subject to the standard 21-Day Return Policy.