Conditions of Use

Welcome to Simply Creative and its affiliates who provide access to the Simply Creative website (the "website") and sell our products to you, subject to the conditions set out on this page.

Please read these conditions carefully before using the Simply Creative website. By using the Simply Creative website, you show your agreement to be bound by these conditions.

Conditions Relating to Your Use of the Simply Creative website:

1. Your Account

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the My Account area of the website.

Simply Creative reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

2. Privacy

Please review our Privacy Notice, which also governs your visit to Simply Creative, to understand our practices.

3. Access to Simply Creative

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

4. Licence for website access

Simply Creative grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Simply Creative. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Simply Creative and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Simply Creative or its affiliates' names or trademarks without the express written consent of Simply Creative. Any unauthorised use terminates the permission or license granted by Simply Creative.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Simply Creative as long as the link does not portray Simply Creative, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Simply Creative logo or other proprietary graphic or trademark as part of the link without our express written consent.

5. Your conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

You understand that you, and not Simply Creative are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.

You must not use the website for any of the following:
  • for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
  • to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
  • to cause annoyance, inconvenience or needless anxiety
6. Reviews, comments, communications and other content

Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Simply Creative reserves the right (but not the obligation) to remove or edit any content.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Simply Creative: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Simply Creative policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Simply Creative and its affiliates for all claims brought by a third party against Simply Creative or its affiliates arising out of or in connection with a breach of any of these warranties.

7. Defamation claims

Because Simply Creative lists thousands of products for sale on the website and hosts many hundreds of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, Simply Creative operates on a "notice and takedown" basis. If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately. Simply Creative will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.

8. Copyright, authors' rights and database rights

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Simply Creative, its affiliates or its content suppliers and is protected by South Africa and international copyright, authors rights and database right laws. The compilation of all content on this website is the exclusive property of Simply Creative and its affiliates and is protected by South African and international copyright and database right laws.

You may not systematically extract and/or re-utilise parts of the contents of the website without Simply Creative's written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Simply Creative's written consent. You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of this website without Simply Creative's written consent.

9. Copyright claims

Simply Creative and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately.

This section deals with conditions relating to the sale of products by Simply Creative to you.

10. Our contract

When you place an order to purchase a product from Simply Creative, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we've invoiced and sent the product. That acceptance will be complete at the time we send the invoice e-mail to you. Any products on the same order which we have not confirmed in the invoice e-mail do not form part of that contract.

11. Returns

You have 7 days upon receipt of your order to ensure that it is correct and that the goods are not damaged.

PLEASE NOTE:- DVDs once opened, may not be returned unless found to be faulty. We test every returned DVD and if it is found not to be faulty, the item will be returned to you and you will be liable for the cost of return postage. If you do consider a DVD to be faulty, we would advise that you to check it on a second machine before contacting us and requesting a return. Please also note that we are not responsible for incompatibilities caused by DVD players that have been modified to disable regional encoding.

If there are any concerns with your order please contact us or call us on +2721 556 0859 / +2782 740 1192 and we will resolve the issues immediately.

For any orders that are incorrectly supplied, we will rectify this to your satisfaction.

If any part of your order is damaged, please contact us and we will advise you on how to return the damaged goods. For goods that are returned to us for this reason, we will reimburse you for the cost of postage and either replace the damaged items or issue a refund to you.

If a return is required for any other reason, we request that you contact us BEFORE returning items to us to obtain authorisation for the return. We cannot accept responsibility for any postal charges that you incur and advise that the goods are returned within 30 calendar days using a postal service that insures them for their full value and requires a signature on our receipt of them. We cannot accept responsibility for them until they are returned safely to us and cannot provide refunds on goods that fail to reach us. Any goods returned must be in their original condition and in their original packaging. Please note that any postage charges that you originally paid as part of your order are non-refundable.

Please address returned goods to:-

Simply Creative
4 Calvin Close
Bateleur Crescent
Table View
South Africa
7441

12. Pricing and availability

As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.

Despite our efforts, a small number of the products in our catalogue may be mispriced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.

We pride ourselves in being a very competitive with our pricing structures. Products that are currently under special offer cannot be purchased in conjunction with any other discount offer or coupon.

13. Customs

When ordering goods from Simply Creative for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be covered by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Simply Creative, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

Conditions Relating to Both Your Use of Simply Creative and Sales to You:

14. Children

Simply Creative does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use Simply Creative only with the involvement of a parent or guardian.

15. Electronic communications

When you visit Simply Creative or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

16. Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

17. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

18. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

19. Contact Details

Simply Creative, 4 Calvin Close, Bateleur Crescent, Table View, South Africa, 7441. Tel: +2721 556 0859 / +2782 740 1192. E-mail: info@simplycreative.co.za.
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