STANDARD TERMS AND CONDITIONS OF SALE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR USE OF THIS WEBSITE AND/OR ENGAGEMENT WITH STUDIO AN AND/OR PURCHASE OF PRODUCT/S CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE HEREOF.
The following terms and conditions apply to all orders placed with Studio AN by any means. These terms and conditions shall be binding between the parties for all current and future sales. No other terms or conditions, whether express, tacit or implied shall apply irrespective of the circumstances under which they arose.
These standard terms and conditions of sale may be periodically modified and/or amended by Studio AN at any time and in their sole discretion. Your use of this website and/or engagement with Studio AN and/or purchase of the product signifies acceptance of these terms and conditions and any updates and/or amendments thereof.
2. Lead Times
Lead times on orders placed will depend on the product ordered and the size of the order. Once the order is received, the estimated lead time will be communicated.
Studio AN will do everything in its power to ensure that the order is completed within the estimated lead time. However, lead times are dependent on various external factors, such as the availability of materials.
The stock quantities of each individual material on offer on the website is limited. Studio AN endeavour to take all reasonable steps to remove a material choice from the website or indicate on the website accordingly that the specific material is out of stock. Should a product be sold to you that is out of stock, Studio AN shall inform you of any such change and offer alternatives. If unable to fulfil the order, Studio AN will be liable to refund you. Studio AN may cancel any orders, in part or in full, and shall be liable only to refund the monies already paid in respect to the cancelled product.
Delivery and installation costs are not included in the product cost. Delivery cost will be communicated when the order is placed. Delivery of the product shall take place at the address specified by you on the website or via email or otherwise communicated in writing to Studio AN. You shall be deemed to have accepted the product upon its delivery and are required to make all necessary arrangements to accept the delivery. You are liable for the payment of all delivery fees.
Should you require installation, please request a separate quote. Please ensure that the installation site is ready for installation on the specified date. Should the site not be ready for installation on the given date, you will be liable for all extra costs incurred to re-schedule the installation. Studio AN cannot be held responsible for any damages incurred during delivery and/or installation.
Studio AN, its contractors, employees and agents shall not be held liable for any injury (including death), claim, loss, liability, damage, cost or expense of any nature suffered or incurred by any person who places an order with Studio AN, whether such injury or damage arose from negligence or otherwise. A person placing an order with Studio AN indemnifies and holds Studio AN, its contractors, employees and agents harmless from any claim, loss, liability, cost or expense which may arise from such person’s order and/or use of the product delivered in terms of the order.
5. Intellectual property
The designs, trademarks, copyright and other intellectual property in the products created by Studio AN are the property of Studio AN. You have no right to use or reproduce any such intellectual property, and nothing contained in these Terms and Conditions grants any right to use or reproduce any of Studio AN’s intellectual property without the prior written consent of Studio AN.
6. Limitation of liability
To the extent permitted by law, Studio AN shall not be held liable for any direct, indirect, incidental or consequential damages including, without limitation, loss of revenues, costs of replacement goods, loss or damage to data arising out of any order placed or in connection with the delivery of the products, or the products themselves, whether based on warranty, contract, delict, or any other legal basis or from any other cause, even if Studio AN has been advised of the possibility of such damages.
Payment of the purchase price of the products, including VAT and any other applicable costs, shall be made to Studio AN. The products shall not be delivered without full payment of the purchase price having been made. The passing of ownership of the products will remain with Studio AN until the purchase price and any other amounts owing to Studio AN, in respect of the products, have been paid in full.
8. Returns and Exchanges
As the products are manufactured to order, Studio AN cannot accept any returns or exchanges. Only products that are defective may be returned.
If you believe a product to be defective, please send us images and information about the defect within 14 days of delivery. The product will be assessed, and should the product be determined to be defective, we will arrange for to product to be collected and repaired or replaced. If the product can’t be repaired or replaced, Studio AN will refund you for the purchase price of the product.
Unless the customer has specifically informed the company of the intended use of the product, the company does not warrant that the products purchased by the customer will be fit for the purpose that the customer intends using the products for. If any defect in the products or the components of the products relates to uses contrary to the product or Studio AN’s instructions, or if there is any material change in operating conditions or any misuse, abuse or material neglect, Studio AN will not be liable for those defects.
9. Force Majeure
Studio AN shall not be liable for any loss suffered by you, or any other person, arising out of delay in, or prevention of, performance of Studio AN’s obligations, due to any cause, the adverse effects of which Studio AN could not reasonably and practicably avoid in the ordinary conduct of Studio AN’s business. This shall include, but not be limited to, acts of god, natural disasters, electricity outages, water interruptions and shortages, and the like.
These terms shall be subject to the laws of the Republic of South Africa. Furthermore, the parties to these terms hereby irrevocably and unconditionally consent to the non-exclusive jurisdiction of the courts of the Republic of South Africa in regard to all matters arising from these terms.