1.1. The advertising of products and custom wallpapers in our website constitutes an “invitation to treat” rather than a contractual offer.
1.2. No contract will come into force between you and us unless you complete the checkout process and payment has been processed
1.3. To purchase products from us, you must either send an email enquiry with your message to firstname.lastname@example.org or order directly from the shop on our website.
1. We have 3 (three) methods of processing payments, these are:
1.1. Electronic Funds transfer (EFT)
1.3. Offline Payments
2. You must, during the checkout process, pay the prices of the products you order.
3. Payments may be made by any of the permitted methods (specified on our catalogue) from time to time.
4. If you fail to pay to us any amount due under these terms and conditions, in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
5. If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
5.1. an amount equal to the amount of the charge-back;
5.2. all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank/payment processor/card issuer);
5.3. an administration fee of $40 (USD);
5.4. all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section.
Products and Prices
We may periodically change the products available on our website and we do not undertake to continue to supply any particular product or type of product.
1. Our prices are quoted on our website.
2. We will from time to time change the prices quoted on our website. This will, however, not affect contracts that have previously come into force.
3. All amounts stated in these terms and conditions or on our website are stated exclusive of VAT. MoTSO DeSIGNED (Pty) Ltd is currently not VAT registered.
4. It is possible that prices on the website may be incorrectly quoted. In this event, we will verify prices as part of our sales procedure and the correct price will be notified to you before the contract comes into force.
5. In addition to the price of the products, you may have to pay either a delivery charge, a design fee or artwork set-up fee, which will be notified to you before the contract of sale comes into force.
Terms and Conditions
1. WARRANTIES AND REPRESENTATIONS
1.1. You warrant and represent to us that:
1.1.1. you are legally capable of entering into binding contracts;
1.1.2. you have full authority, power and capacity to agree to these terms and conditions;
1.1.3. all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading;
1.1.4. you will be able to take delivery of the products in accordance with these terms and conditions (and our delivery policy).
1.2. We warrant to you that:
1.2.1. we have the right to sell the products that you buy;
1.2.2. the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
1.2.3. you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
1.2.4. the products you buy will correspond to any description published on our catalogue and website;
1.2.5. the products you buy will be of satisfactory quality.
1.3. All of our warranties and representations relating to the supply of products are set out in these terms and conditions to the maximum extent permitted by applicable law.
2. LIMITATIONS AND EXCLUSIONS OF LIABILITY
2.1. Nothing in these terms and conditions will:
2.1.1. limit or exclude any liability for death or personal injury resulting from negligence;
2.1.2. limit or exclude any liability for fraud or fraudulent misrepresentation;
2.1.3. limit any liabilities in any way that is not permitted under applicable law; or
2.1.4. exclude any liabilities that may not be excluded under applicable law
If you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
2.2. The limitations and exclusions of liability set out in this section and elsewhere in these terms and conditions:
2.2.1. are subject to the above section;
2.2.2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
2.3. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
2.4. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
2.5. We will not be liable to you in respect of any loss or corruption of any data, database or software
2.6. We will not be liable to you in respect of any special, indirect or consequential loss or damage
2.7. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
2.8. Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of:
2.8.1. $800 (USD);
2.8.2. the total amount paid and payable to us under the contract.
3.1. These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
3.2. These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
3.3. These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
4.1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions (provided, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions).
4.2. You may not without our prior written consent, assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
5.1. No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
5.2. No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
6.1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
6.2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
7.1. We may revise these terms and conditions from time to time by publishing a new version on our website.
7.2. A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.