1. Detailed description of goods and/or services
INSTAPIX (Pty) Ltd is a business in the goods & services industry that specializes in capturing photographs at sporting events and other public events. These photographs are then made available on a custom website for sale to the public via an approved eCommerce platform.
2. Scope of application
The business relations between INSTAPIX (Pty) Ltd and the purchaser will be exclusively governed by the following General Standard Terms and Conditions in the version provided on the Internet at the time of the order. The General Standard Terms and Conditions may be saved onto the purchaser’s computer and/or printed out for the purposes of the online order.
3. Contracting parties
The contract is concluded between the purchaser and the INSTAPIX (Pty) Ltd, which is based in Hillcrest, South Africa.
4. Conclusion of the contract
INSTAPIX (Pty) Ltd reserves the right to modify, amend or delete parts of the website or all service offerings without notice and to suspend or terminate the publication. By placing his/her order via the online form, in writing or over the telephone specifying the size and the number of the desired photos the purchaser makes a binding offer. INSTAPIX (Pty) Ltd will accept this offer either by sending an e-mail confirmation or by delivering the ordered merchandise.
5. Prices
The photos will be supplied at the prices valid on the day on which the contract is concluded and indicated on the website of INSTAPIX (Pty) Ltd. The final price is composed of the order value and all applicable shipping charges and/or taxes. All prices are based on ZAR South African Rands. The prices include the respectively applicable statutory VAT. If the merchandise is sent to countries outside RSA, additional clearance charges and/or taxes which are outside the control of INSTAPIX (Pty) Ltd may be incurred. Any such clearance charges and/or taxes are to be paid by the purchaser.
6. Delivery, shipment
Unless otherwise agreed by the purchaser and INSTAPIX (Pty) Ltd, delivery of the ordered merchandise will be made according to the regulations stated on the website. Delivery will be made at the purchaser’s expense and risk. INSTAPIX (Pty) Ltd may deliver the merchandise by instalments. The purchaser may not claim damages for any default of delivery on the part of INSTAPIX (Pty) Ltd unless the default is caused intentionally or by gross negligence.
7. Responsibility
INSTAPIX (Pty) Ltd takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
8. Payment, Card acquiring and security
The purchaser may either pay by credit card, Zapper, SnapScan or by direct bank deposit. Payment is considered to be made on the day on which INSTAPIX (Pty) Ltd has the money at its disposal. In the event of default by the purchaser INSTAPIX (Pty) Ltd is entitled to charge default interest according to the statutory rate of interest. If any additional provable loss should be incurred as a result of the default, damages can also be claimed for this loss. If it should be impossible to debit the purchaser’s account due to insufficient cover or incorrect banking details, the purchaser will have to reimburse the handling fees incurred for the return debit and all other damages and expenses to INSTAPIX (Pty) Ltd. Card transactions will be acquired for INSTAPIX (Pty) Ltd via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
9. Customer details separate from card details
Customer details will be stored by INSTAPIX (pty) Ltd separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
10. Offsetting
The purchaser may only offset debits against credits if his/her counterclaims are legally enforceable or not contested by INSTAPIX (Pty) Ltd
11. Exchange and refund
Digital photo orders, pre orders and videos are non-refundable.
12. Reservation of ownership
Until all items covered by the same order are fully paid, the merchandise remains the property of INSTAPIX (Pty) Ltd
13. Rights on the pictures
The copyright on the pictures as well as all industrial property rights, publishing rights, and utilization rights remain exclusively with INSTAPIX (Pty) Ltd. The purchase of a picture does not involve the explicit or implicit cessation of any rights. Any publication or other commercial use of the purchased pictures requires the previous written permission of INSTAPIX (Pty) Ltd.
14. Reproduction
The purchaser is aware of the fact that due to the diversity of electronic display devices it is impossible to reproduce the photos absolutely true to the original. Therefore the electronic pictures can only convey an approximate impression of the original picture. The original pictures may in some cases differ significantly from the electronic sample in terms of sharpness, richness of detail, contrast, and colour. The reduced size, the inevitable screening, and the limitation to a web-compatible grey and colour scale can change the impression of sharpness. Furthermore features such as the granularity of the image cannot be depicted in the samples.
15. Warranty for defects
An item is considered defective if it does not meet the technical standard for digital photo and image processing. The purchaser will have to give notice of any patent defects of the delivered merchandise immediately upon delivery. In case of hidden defects the purchaser will have to give notice immediately after their detection within the statutory warranty period of 24 months. In the event of a justified complaint INSTAPIX (Pty) Ltd may at first make a substitute delivery. If such a substitute delivery should be impossible or fail, the purchaser will be entitled to demand the cancellation of the contract or a reduction of the purchase price. If the purchaser decides to withdraw from the contract, he/she will have to return all items to INSTAPIX (Pty) Ltd., P.O. Box 198 LINK HILLS 3652 RSA. Apart from this, warranty is given according to the regulations of the purchase law.
16. Liability
The liability of INSTAPIX (Pty) Ltd is limited to defects of the merchandise itself occurring prior to the dispatch of the order. The purchaser may not lodge any claims going beyond the above on any legal basis whatsoever. In particular INSTAPIX (Pty) Ltd accepts no liability for delayed delivery nor for any damage or loss on the purchaser’s own data carriers, the data carriers of INSTAPIX (Pty) Ltd, any networks or during electronic data transmission. INSTAPIX (Pty) Ltd does not give any guarantee as to the qualities of the products. It only accepts the liability for any guaranteed qualities if it has explicitly given such guarantee in writing. The above limitation of liability does not apply to cases of gross negligence or wilful misconduct on the part of INSTAPIX (Pty) Ltd.
17. Data privacy/ data protection/ Privacy Policy
The purchaser knows and agrees that his/her personal data which is required to process and handle the order is stored on data carriers. He/she explicitly permits the capture, processing, and use of his/her personal data. The data processing will be carried out according to current Data Privacy Law. All data will be kept confidential by INSTAPIX (Pty) Ltd. The purchaser may revoke his/her permission at any time with immediate effect for the future. INSTAPIX (Pty) Ltd undertakes to delete the personal data immediately if the permission is revoked unless the order transaction has not been fully completed. INSYAPIX (Pty) Ltd shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.
18. Links and references
INSTAPIX (Pty) Ltd can only be held liable for any direct or indirect references to third-party websites (hyperlinks) which are outside its control if INSTAPIX (Pty) Ltd is aware of any possible illegal content and has the technical possibility and can reasonably be expected to prevent access to such illegal content. INSTAPIX (Pty) Ltd hereby explicitly declares that no illegal content was discernible on the linked websites when the links were set. INSTAPIX (Pty) Ltd has no influence whatsoever on the current or future design, content or copyright ownership of the linked sites. Therefore INSTAPIX (Pty) Ltd hereby explicitly distances itself from the content of all linked sites which have been altered since the link was set. This affirmation applies to all links and references on the website of INSTAPIX (Pty) Ltd and to the statements of third parties in guest books, discussion forums, and mailing lists provided by INSTAPIX (Pty) Ltd. INSTAPIX (Pty) Ltd does not accept any liability for any illegal, incorrect or incomplete content and particularly not for any damage caused by the use or non-use of any information thus provided.
19. Country of domicile
This website is governed by the laws of South Africa and Instapix (Pty) Ltd chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, Address: Instapix (Pty) Ltd P.O. Box 198 Link Hills 3652 South Africa
20. Severability clause
If any provisions of these General Standard Terms and Conditions and/or the supplementary contract should be or become invalid, this shall not affect the validity of the remaining clauses which will still be binding on both parties. In this case the parties hereto will try to agree on an alternative ruling allowing for the mutual interests of both parties which will to the most possible extent correspond to the intended commercial purpose of the invalid provision.
21. Company information
This website is run by Instapix (Pty) Ltd (public company) based in South Africa, trading as INSTAPIX and with registration number 2017/098823/07 and R. Hartmann as Director.
22. Instapix (Pty) Ltd contact details
Company Physical Address: Bristol House; 1a Delamore Road, Hillcrest 3610
Email: support@instapix.co.za Telephone: 0871520914
