Refunds and Returns Policy:
If you are not completely satisfied with the product you have ordered from www.thearchivegallery.com, we will offer you a full refund on the price of the product according to the terms of our Refunds and Returns Policy set out below.
If you wish to return your product, please follow the procedure set out below:
Contact us by e-mail at firstname.lastname@example.org, Please remember to give us your order number and reason for return and whether you would like a return. We will issue you with an authorisation reference number by return.
Wrap the item securely and return it in the original outer packaging with original delivery note by recorded delivery to: The Archive Gallery, 2nd Floor Yodata House, 25 Hulbert Rd. Selby, Johannesburg, South Africa.
We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your returned product.
We will send you a refund for the full price of any product properly returned by you in accordance with the terms of this returns policy excluding the original delivery charges and including the costs of returning the product to us.
We will only refund any money received from you using the same method originally used by you to pay for your purchase.
You should inspect your order on receipt and check that everything specified on the delivery note is included. You will be deemed to have accepted the order unless you notify us upon receipt that there is a problem or you cancel your order in accordance with your cancellation right and/or you return the goods in accordance with the procedure set out above. If you fail to take such action, we are not obligated to accept any rejection by you of your order at a later date. You must return the item within 14 working days after the date you originally received your order. You must return the item in the same condition in which you received it.
Damaged products: If you receive a damaged product, please e-mail us at email@example.com and follow the procedure as set out above. Please retain all packaging and damaged products for inspection by the courier.
Defective or Incorrect Products: All our autographs are quarenteed authentic, If you receive a defective or incorrect product, please e-mail us at firstname.lastname@example.org and follow the procedure as set out above. Once we have received the product and agree that it is defective, we will send you a refund for the full price of any product properly returned by you in accordance with the terms of this returns policy excluding the original delivery charges and including the costs of returning the product to us.
If free delivery was originally offered, we reserve the right to charge it at the standard rate for re-delivering your item.
You have a legal obligation to take reasonable care of the item(s) while they are in your possession. Items are returned at your own cost and risk.
Terms of Sale:
Please read these terms of sale carefully.
You will be asked to expressly agree to these terms of sale before you place an order for products from our website.
In these terms of sale, "we" means InvestinHistory Limited ("TheArchiveGallery" and "us" and "our" will be construed accordingly); and "you" means our customer or potential customer for products (and "your" will be construed accordingly).
(3) Order process
The advertising of products on our website constitutes an "invitation to treat"; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps: (i) you must add any product you wish to purchase to your shopping basket, and then proceed to the checkout; (ii) if you are a new customer, you must either create an account with us and log in or checkout as a quest; if you are an existing customer, you must enter your login details; (iii) you must select your preferred method of delivery and confirm your consent to these terms of sale; (iv) you will enter your payment details and place an order, and SagePay will handle your payment; (v) you will be taken to our order confirmation page which will detail your order and assign an order number; and (vi) we will then e-mail you confirmation of your order.
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by viewing the "Order Summary" before you input your payment details. You may correct those input errors in the "Order Summary" before placing your order by deleting an entry or editing the delivery address. You will also have the option to backtrack through your order before payment by clicking on the "Back" button at the foot of the page.
(4) The products
The products are the items for sale on our website at www.thearchivegallery.com including but not limited to autographs.
(5) Product descriptions and prices
We will take all reasonable care to ensure descriptions, details and prices of the products for sale on our website are accurate at the time they are entered onto the system. While we aim to keep our website as up to date as possible we do not warrant that product descriptions or other content available on the website is accurate, complete, reliable, current or error-free.
We are under no obligation to supply products to you at incorrectly stated prices, even after we have sent you an order confirmation (as defined above) if the pricing error could be identified as a mis-pricing by a person acting reasonably.
In addition to the price of the products, you will have to pay a delivery charge, which you will select when you pay for the product.
(6) Availability of product
All products are subject to availability. Customers will not be able to order products that are out of stock. When an item goes out of stock the item will appear in the "archive".
We reserve the right to cancel your order and issue you with a refund if your order is processed and the product is subsequently found to be out of stock.
Validly stated prices on our website remain in effect for so long as the merchandise is available or as otherwise stated on our website.
Payment must be made upon the submission of your order. We will withhold the products and/or cancel the contract between us if the payment price is not received from you in full in cleared funds.
The prices on the website are in South African Rands and include all value added taxes (where applicable).
Payment for all products must be made by debit card, credit card or by any other method detailed on the website from time to time.
We reserve the right to decide which methods of payment (including types of credit and debit cards) we choose to accept from time to time. You confirm that any credit or debit card used to pay for your order belongs to you. Users of credit and debit cards are subject to validation checks by the card issuers. We accept no liability for any delay or non-delivery resulting from a card issuer refusing to authorise a payment or from our failure to accept a payment.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
(8) Your account
In order to make a purchase through our website, you will be required to either register an account with us or checkout as a quest. You must be aged 18 or over and be the holder of a valid credit or debit card to effect a transaction.
Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you accept responsibility for all activities that occur under your account or password.
If you are accessing and using our website on someone's behalf, you represent that you have the authority to bind that person as a principal to all terms and conditions provided herein, and you agree to accept liability for any harm caused by that person's wrongful use of our website.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel your account or any orders placed from your account for any reason, at our sole discretion.
(9) Your warranties
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order is accurate and complete;
(c) you will be able to accept delivery of the products;
(d) you are at least 18 years of age.
(10) Delivery policy
We will arrange for the products to be delivered in accordance with the delivery method selected by you during the order process. Orders may be delivered in one or more delivery.
We will use reasonable endeavours to deliver products within the time frame. We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 3 days of the later of receipt of payment and the date of our order confirmation. InvestinHistory Ltd. does not accept any liability whatsoever for delayed delivery caused by a third party or for any loss caused by you entering your address incorrectly into our website.
We are unable to deliver to PO boxes.
(11) Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
(a) delivery of the products; and
(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).
We will be entitled to recover payment for the products even where ownership has not passed to you.
You should inspect your order on receipt and check that everything specified on the delivery note is included. You will be deemed to have accepted the order unless you notify us upon receipt that there is a problem or you cancel your order in accordance with your cancellation right and/or you return the goods in accordance with our Refunds and Returns procedure. If you fail to take such action, we are not obligated to accept any rejection by you of your order at a later date.
You may cancel a contract to purchase a product or products at any time within 7 working days after the day you received the relevant products or products. Please contact our Customer Services by e-mail at email@example.com stating your order number in all communications.
If you cancel a contract on this basis, you must inform us in writing and, if your order has already been despatched to you, return the products to us immediately, in the same condition in which you received them. Products returned by you in accordance with this Section will be refunded in full (excluding the original cost of sending the products to you). Please follow the steps in our Refunds and Returns procedure, as stated at the beginning of these terms.
If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.
(14) Statutory rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
If you cancel a contract and are entitled to a refund, please follow the steps in our Refunds and Returns procedure as stated at the beginning of these terms. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
(16) Service Access
While we will endeavour to ensure that availability of our website is uninterrupted, we will not be liable if for any reason our website is unavailable at any time or for any period.
Access to our website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
From time to time we may run promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).
If you wish to complain about any matter in respect of the products, contact us by e-mail at firstname.lastname@example.org, stating your order number, if relevant, in all communications.
(19) Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
All notices given by you to us must be given to The Archive Gallery CC. at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Clause 21 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
(21) Force Majeure Events
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any circumstances not foreseeable at the date of the contract and not within our reasonable control including, without limitation, strikes, lockouts, shortages of labour or raw materials, computer software failure (including but not limited to computer viruses), computer hardware failure, civil commotion, riot, invasion, war, threat of or preparation for war, terrorist attack, fire, explosion, storm, flood, extreme weather conditions, earthquake, subsidence, epidemic or natural physical disaster. Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
(22) Limitations of liability
Nothing in these terms of sale will limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability.
Subject to this, the products we sell are intended for personal use only and we will not be liable for any business losses (including without limitation loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time).
(23) General terms Images of products on our website represent actual products.
We reserve the right to refuse to supply our products to any person for any reason whatsoever, to withdraw any products from our website at any time and/or remove or edit any material or content on our website. We will not be liable to you or any third party by reason of our withdrawing of any products from our website whether or not such products have been sold; removing or editing content on our website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted. No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time - providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section 24: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with South African law, and the courts of the Republic of South Africa will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
(24) About us
The full name of our company is: The Archive Gallery CC.
Our company registration number is: 518559
Our registered address is: The Archive Gallery, 2nd Floor, YoData House, 25 Hulbert Rd, Selby, Johannesburg.
Our e-mail address is: firstname.lastname@example.org.
(2) Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter), such express consent to be given in writing.
(3) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
(4) Restricted access
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.
We may disable your user ID and password in our sole discretion without notice or explanation.
(5) User generated content
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
Your user content (and its publication on our website) must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy, or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in a explicit, graphic or gratuitous manner;
(m) be pornographic or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) consist of or contain, inter alia, any software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or spam;
(q) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.
You must not frame or use any framing techniques to enclose any trade mark, logo or other proprietary information (including images, text, page layout, or form) of The Archive Gallery CC without express written consent. You may not use any meta tags or any other 'hidden text' utilising The Archive Gallery CC names or trade marks without the express written consent of The Archive Gallery CC Any unauthorised use terminates the permission or license granted by The Archive Gallery CC.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
(6) Limited warranties
You acknowledge that some of the information published on this website is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date. We may make changes to the material on this website, or to the products and prices described in it, at anytime without notice.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(7) Limitations of liability
(a) to the extent that the website and the information on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
(b) we will not be liable for any consequential, indirect or special loss or damage;
(c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
(d) we will not be liable for access delays or interruptions to the website;
(e) we will not be liable for data non-delivery, misdelivery, corruption, destruction or other modification;
(f) we will not be liable for loss or damage of any sort incurred as a result or dealings with or the presence of third party links on the website;
(g) we will not be liable for computer viruses, system failure or malfunction which may occur in connection with your use of the website, including during hyperlink to or from third party websites;
(h) we will not be liable for any loss of damage arising out of any event or events beyond our reasonable control;
(i) our maximum liability in relation to any event or series of related events will be limited to one hundred Euro.
You agreed to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the website;
(c) permanently prohibit you from accessing the website;
(d) block computers using your IP address from accessing the website;
(e) contact your internet services provider and request that they block your access to the website;
(f) bring court proceedings against you for breach of contract or otherwise;
(g) suspend and/or delete your account with the website; and/or
(h) delete and/or edit any or all of your user generated content.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
(10) Third party websites
Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Linking to any off site page or other sites is at your own risk.
You are granted a limited, revocable and non-exclusive right to create a hyperlink to the home page of www.thearchivegallery.com as long as the link does not portray The Archive Gallery CC, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any The Archive Gallery CC logo or other proprietary graphic or trade mark as part of the link without our express written consent. You may not "deep link" to this website.
You must not create a hyperlink in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not create a hyperlink from any website that is not owned by you. You agree to indemnify us against any claim brought by any third party arising out of your creating a hyperlink to this website. You agree to immediately remove your hyperlink to this website upon request by The Archive Gallery CC or if you breach any of these hyperlink conditions. We reserve the right to withdraw hyperlink permission without notice.
(11) Trade marks
The Archive Gallery CC and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
From time to time we may run promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).
(16) Exclusion of third party rights
(17) Entire agreement
(18) Law and jurisdiction