TERMS & CONDITIONS / POLICIES
By accessing this website and using any of the services or functions of this site, the Client agrees that the entire agreement between the Client and Colin Sunkel Photography CC (hereinafter called “Studio22”), as per the terms and conditions stated below, will govern all future contractual relationships between the parties.
1. DETAILED DESCRIPTION OF GOODS AND SERVICES
Colin Sunkel Photography CC trading as Studio22, is a business in the photographic industry that markets retail for photographic equipment, photo books and printing.
2. ORDERS & DELIVERIES
Prices listed on this site are not guaranteed and can change without notice, Studio22 may, in its sole discretion decline any or all orders placed on this site where prices are not accurate at the time of a supplier price update or change.
This website may contain links to other websites, we are not responsible for content displayed on those websites and any material or content on those websites are to be used for reference purposes only.
If the description of any goods contained in this website or invoice varies from that of the manufacturer’s description, the manufacturer’s description will be deemed to be the correct description and shall take precedence over all descriptions found on this website.
The client hereby confirms that the goods and services on the invoice issued duly represent the goods and services ordered by the client at the prices agreed to by the client and where performance/delivery has already taken place that the services and goods were inspected and conform to the quality and quantity ordered. It is the sole responsibility of the client to determine that the goods or services ordered by the client are suitable for the purpose the client intends using them.
All orders, whether oral or in writing or placed on this website, will be binding and subject to these terms and conditions.
Requests for any or all items ordered on our site, will be processed within 2 (two) days, and only be cleared for delivery once the funds have been verified as paid into our account, the latter to be confirmed by way of e-mail. This will also have an effect on the delivery time, therefore, prompt payment should be made in order to receive your items as quickly as possible. Studio22 shall be entitled in its sole discretion to split the delivery of the goods ordered in the quantities and on the dates it decides.
Goods requiring shipping, will be transported by RAM couriers or Speed Service Couriers. Additional courier fees may apply. We may do partial shipments of items on stock then deliver the other items when they are ready, but we will inform you of this and it can be your choice. Item ship-out times are displayed per product and are only to be used as estimates. Please note that in the event of off-stock items, delays may occur that are beyond our control such as customs checks or supplier delays. Shipping times are also dependent on the area being shipped to. Shipping costs will be the responsibility of the client. We will ship back the repaired or replaced item at the clients expense.
Once the goods have been received, it is the responsibility of the customer to check the goods and let Studio22 know within 48hours of any problems. If you have received the incorrect items, Studio22 will arrange for collection of the items and delivery of the correct items. If the items have been opened or tampered with in any way, the customer will be held liable for any charges or non-credit from our suppliers. Liability clause is restricted to the cost or repair or replacement of faulty goods or services or granting of a credit at the sole discretion of Studio22.
In the event of goods being defective, the rights of the Client are limited to the factory guarantee of the goods supplied. To be valid, guarantee claims must be supported by the original Tax invoice and the undamaged packaging of the goods. All guarantees are immediately null and void should any equipment be tampered with or should the seals on equipment be broken by anyone other than the Supplier. Under no circumstances will Studio22 be liable for damage arising from misuse or abuse of the goods.
All items are subject to availability, if on receipt of your order the items you have ordered are not available in stock, Studio22 will inform you as soon as possible, and the order will be put on back-order. You are welcome to contact us to find out which items are on stock.
If you would prefer you can pick up your purchase at our premises by appointment. We will inform you when your purchase is ready for collection.
Accepted Payment Options
Studio22 accepts payments from MasterCard and Visa credit cards only, or by way of bank transfers into the Colin Sunkel Photography CC bank account, the details of which will be provided on request.
Credit Card acquiring and security
Studio22 abides by a strict privacy and confidentiality policy. Credit card transactions will be processed securely via PayGate (Pty) Ltd, a registered payment gateway for Standard Bank to keep you the consumer protected against online fraud and information theft. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card information is stored on our website – users may go to www.paygate.co.za to view their security certificate and security policy. Customer details will be stored by Studio22 separately from card details which are entered by the client on PayGate’s secure site.
We will use the information you give us to process your order and keep you informed of its progress, to give effect to your payment instructions, to deliver your purchase to you, and to meet any warranty information required by our suppliers.
Credit card payments:
At the time paying for the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order. As a protection against fraud, Studio22 reserves the right to request ID documents, credit card billing statements and photocopies of any credit card used to make purchases on Studio22. Studio22 reserves the right to refuse to ship orders to customers refusing to make such information available or whose information is suspicious in anyway.
Credit card refunds – we are able to reverse transactions on our payment gateway system. The refund will only reflect on the credit card used and no other method is allowed.
Bank deposit payments:
If a buyer selects to pay via bank transfer the following conditions apply:
- the exact amount must be paid;
- the payment must be identified by supplying the order number and/or surname in the reference section ofthe deposit slip or on the electronic transfer;
- the EFT payment needs to be verified by our in-house accounts department and goods will only bedispatched on their verification. Only once the funds have reflected in our bank account, will the goods be allowed to leave the store.
Bank Transfer (EFT) refunds – once an email with the order number, full banking details and request for refund is received, it may take up to 5 working days for the refund to be processed by our accounts department. Please send request for refund emails to email@example.com. If a refund forms part of a return, then the terms applicable to returns apply as well.
4. PRIVACY & SECURITY
Use of Personal Information
Studio22 shall take all reasonable steps to protect the personal information of their users. For the purposes of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).
We will only use your personal information to service your account and to improve our services to you. However, as part of normal business operations with banks or credit card processing and verification services, we do share some financial information. These entities may not use your information for secondary purposes, unless required by law. Although we make every effort to preserve your privacy we may be obliged to disclose your personal information by law, regulation or court order. Save for the above, UNDER NO CIRCUMSTANCES will information provided by users be transmitted in any way to a third party.
Studio22 has taken all reasonable measures to secure your account information from unauthorised access, use or disclosure. You must enter your email or phone number and password each time you want to access your account information or make transactions. Never share your account details with anyone. If you are concerned that your password has been compromised, you can change it any time once you are logged on.
5. RETURN & REFUNDS POLICY
In the event that you are not satisfied with the purchase you made, or you experience any problem or concern, please refer to the options provided here below. We are committed to operate our business in terms of the Consumer Protection Act and all policies are subject to the applicable law.
We will refund or exchange most goods if you return them within 10 days of purchase. You will need to provide your original invoice. Goods returned after this 10 day period will attract a handling and restocking fee.
The provision of goods and services by Studio22 are subject to availability. In cases of unavailability, Studio22 will refund the client in full within 30 days of placing the order.
Save for certain exceptional cases, Section 44 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) entitles you to cancel any sale concluded on this Website within 7 days after receipt of the goods and to obtain full purchase price refund within 30 days thereafter, subject to being charged by Studio22 for the return of the goods. Cancellations of orders by the client, will attract a 15% administration fee.
If a product purchased is not delivered within the agreed delivery period (this must be in writing), or where no specific period was agreed, within 30 days after having purchased the Product, the ECT Act entitles you to cancel such sale on 7 days notice to the seller of such product.
Any order is subject to cancellation by Studio22 due to force majeure from any cause beyond the control of Studio22, including (without restricting this clause to these instances): inability to secure labour, power, materials or supplies or by reason of an act of God, war civil disturbances, riot, state of emergence, strike, lockout, or other labour disputes, fire, flood, drought or legislation.
Returns are subject to the following conditions:
- The products must still be in their original condition and packaging and you may not have used them at all.
- The return is done so at the expense of the customer, who will cover all courier and/or shipping feesinvolved. This will be deducted from the product purchase price if a refund is required.
- For an exchange, the client is liable for the courier and/or shipping fee for both the return and resending of the new replacement item.
Goods excluded from the 10 day refund or exchange policy
Due to certain applicable legislation or for reasons of cost efficiency, the following goods are excluded from the 10 day return and exchange policy:
- Software and DVD’s are protected by copyright law. Unless there is a manufacturing defect in the goods, you can only return these goods if they are still in the original condition as sold and the packaging and plastic seal has not been unsealed or tampered with in any way.
- Goods which have been ordered through special arrangement or custom order and which is not a normal stock item may only be returned if defective.
- Goods which are sold as damaged, defective, used or repaired, where we disclosed these facts to you before you bought the goods.
If your goods turn out to be defective within the first 6 months after you received them from us, we will repair them, replace them or give you a refund. The return of defective goods, is done at the expense of the customer, who will cover all courier and/or shipping fees involved.
Please note that it may not be possible to determine in-store whether goods have been damaged or what the cause of a failure or defect may be. This is of importance as it determines whether the goods may be repaired, replaced or refunded. Accordingly, we reserve the right to refer returned goods for technical assessment by the manufacturer or authorised service centre prior to repairing, replacing or refunding and to provide you with feedback within 10 days of receipt of the returned goods and to act accordingly. If the product is found not to have a defect or failure, the product will be returned to the customer and he/she will be required to cover the shipping and/or courier fees that Studio22 have incurred in sending and receiving of the goods.
If your goods show a defect after the initial 6 month period, but still within the manufacturer’s warranty period, Studio22 will send the goods to the manufacturer for repair and the manufacturer will decide whether you have a valid claim and if so, whether they will repair or replace.
If the goods become defective once the manufacturer’s warranty has expired, we can arrange with the manufacturer or its agents to repair them. No repairs will be done without you approving a quotation first.
Conditions of warranties by Manufacturers
As with all warranties, certain conditions and exceptions apply. Please take proper note of any terms or instructions that accompany your goods. Studio22 is not obliged to repair products that fall outside of the manufacturer’s warranty period, or products that are damaged accidentally.
Electronic Hardware Guarantee
Out of box failures are to be reported within 5 days of receipt and, if found by the manufacturer to indeed be a manufacturing defect, will be replaced by the Manufacturer.
Where defects become apparent at a later stage, your rights are limited to the manufacturer’s guarantee of the goods supplied (Electronic Hardware Guarantee) which guarantee is normally a 1 year repair guarantee. Studio 22’s liability under the Electronic Hardware Guarantee is restricted to the costs of repair or replacement of faulty goods or granting of a credit at the sole discretion of Studio22 and its suppliers after investigation and/or testing of goods.
All electronic hardware guarantees are immediately null and void should any equipment be tampered with, or the seals on equipment be broken by anyone other than the manufacturer’s representative, or the goods be operated outside the manufacturer’s specifications.
Under no circumstances will Studio22 be liable for any damage arising from any misuse or abuse of the goods.
Photographic Equipment bought from Studio22 is under warranty for a period of 1 year from the date of purchase against defects in workmanship and materials. Products will only be replaced or repaired if defects are reported within the first 5 days after receipt and the manufacturer finds that the product does indeed have a manufacturing fault. Thereafter the warranty is limited to repair and/or adjustment.
To obtain service under this warranty, the product together with the original invoice and proof of payment must be sent back to Studio22, the South African distributor or allocated repair agent.
Warranty assessments and repairs are carried out by the approved repair centres and may take up to 6 weeks. Studio22 cannot be held responsible for any delays.
Studio22 will not be responsible for loss of memory cards, other expenses or inconvenience or consequential damages occasioned by the equipment or by breach of any express or implied warranty with respect thereto.
Studio22 will not be liable for any claim, of whatsoever nature –
- Instituted after the expiry of the warranty period referred to above; or
- Based on any warranty, whether express or implied, other than the express photographic equipmentwarranty set forth above.
Instances where the Photographic Equipment Warranty will not apply
The manufacturer’s warranty will only apply to defects in the process of manufacturing the goods and will not apply in the following instances:
- damage caused by lightning or power surges.
- damage caused by misuse or abuse to the goods.
- goods used for a purpose other than the purpose for which they were manufactured.
- goods used contrary to their instruction manuals.
- accidental damage.
The Photographic Equipment Warranty does not cover
- routine cleaning or normal cosmetic and mechanical wear and tear;
- damages, defects or unsatisfactory performance caused by the attachment of lenses, flashes or otheraccessories not produced by the same company as the product purchased; or
- damages, defects or unsatisfactory performance caused by repairs performed by any party other than afacility authorized by Studio22 or the South African distributor.
Once we have accepted a return and approved a refund, you will receive the refund in one of the following ways:
- Studio22 Voucher
- Electronic transfer directly into your account (allow at least 48 hours)
- Cash (if the original payment was made in cash or Maestro debit card)
- Credit card (by reversal back to your credit card and subject to banking delays)
Generally, you will be refunded in the same manner in which you paid Studio22.
Steps in order to request a return or exchange, this needs to be done within the 10 business day period.
- Please send an e-mail to firstname.lastname@example.org requesting the return or exchange. This needs to be done within the 10 business day period. We will then confirm with you if we can arrange the collection.
- We will then arrange that our courier collects the parcel from you.
- If you in an outlying area (e.g on a farm) or difficult to reach area, then we ask if you could please arrange to return the item using the postal service and address this to our PO Box (as listed below).
- Once the parcel has been received and inspected, we’ll contact you immediately to verify that we have received the parcel. We will then go ahead with the refund or exchange.
- Refunds typical take 3-5 working days to reflect into your account.
- For exchanges, we’ll notify you the moment the product/s have been dispatched and provide you with the tracking information.
Our addresses for the returns are:
Colin Sunkel Photography CC t/a Studio22
3 Signal Crescent
Colin Sunkel Photography CC t/a Studio22
P.O. Box 259
6. MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
Studio22 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. COMPANY INFORMATION
This website is run by “Colin Sunkel Photography CC”, a close corporation incorporated in terms of the Close Corporations Act 69 of 1984 of South Africa, with its registered address at Unit 2, 3 Signal Crescent, Montague Gardens, Cape Town, Western Cape, South Africa.
Colin Sunkel Photography
Registration No: 1993/008651/23
9. COUNTRY OF DOMICILE
This website is governed by the laws of South Africa and Studio22 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, its registered physical address.
10. CONTACT INFORMATION
If you have any questions or suggestions regarding the policies above, please do not hesitate to contact us at:
Telephone No.: 021 525 3740
E-mail Address: email@example.com
The client hereby acknowledges that he/she has read and understood each term of this agreement and accepts them as binding.