TERMS & CONDITIONS
ECOMMERCE WEBSITE TERMS & CONDITIONS
1.1. This website is owned and operated by Elysian Creative (“Elysian Creative”, “we”, “us”, “our”). The use of www.elysiancreative.co.za, and/or our social media platforms (“the Service”) is subject to the following terms and conditions (“the Terms and Conditions”).
1.2. These Terms and Conditions are binding and enforceable against every person that accesses or uses the Service (“you”, “your” or “user”). By using the Service, and/or purchasing a service or product through the website, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
1.3. Please read these Terms and Conditions carefully – they constitute a fully binding agreement between you and Elysian Creative. If you do not agree to these Terms and Conditions, you are prohibited from using the Service in any way.
1.4. By accessing and/or using the Service you warrant that you are eighteen (18) years of age (or older) and have full legal capacity.
1.5. If you are under the age of eighteen (18), or if you lack legal capacity, then you may only use the Service with consent of your parent or legal guardian. If your parent or legal guardian consents, then such person agrees to be bound to these Terms and Conditions, and to be liable and responsible for you and all your obligations under these Terms and Conditions.
2.1. The currency used to pay for purchases on www.elysiancreative.co.za, is the South African Rand.
2.2. We are committed to ensuring you are able to pay on the website via a secure, online payment facility. All transactions are encrypted using appropriate encryption technology and payment can be made via:
2.2.1. credit or debit card via PayFast;
2.3. You warrant that you are fully authorised to use the payment method supplied for purposes of paying for the purchase. You also warrant that the payment method has sufficient available funds to cover the purchase price together with all delivery and other costs.
2.4. The payment method used to make the purchase will be debited on purchase, assuming there is stock available.
2.5. Should the Customer’s payment provider reject the payment, the purchase will not be processed and will be cancelled.
2.6. As part of measures taken to prevent fraud, the parties agree that Elysian Creative is entitled to transmit information regarding the order and the payment method to a third party for verification purposes.
2.7. In the event you have any queries regarding payment, you may contact us at via the contact us page on the website, or at email@example.com.
3. Disclaimers and Important Information
3.1. Elysian Creative disclaims all implied warranties, including but not limited to, warranties of compatibility, security and accuracy.
3.2. Although we have taken all reasonable steps to guard against viruses or destructive codes, it gives no warranty that the Service is free of viruses or any other data or code that has the ability to corrupt or affect your system.
3.3. The use of the Service in any form is entirely at the users’ own risk and the Service is provided ‘as is’.
3.4. Elysian Creative is not liable for any damages whatsoever relating to your use of and/or access of the Service in any manner, howsoever arising, including instances of loss caused by the negligence of Elysian Creative and/or its affiliates, partners or representatives.
3.5. We may, in good faith, provide links that would appear useful to its users. However, it does not make any representation regarding these websites, links or information and does not endorse the products and/or services offered on those sites. Elysian Creative accepts no responsibility for the content or use of such websites or the information contained therein.
3.6. Unless otherwise noted, the contents of the Service are subject to intellectual property rights that vest in Elysian Creative, or that vest in other entities. You are thus prohibited from using the content in this website, its related web pages, social media channels, electronic or written publications or any other media and/or words, phrases, names, designs or logos without express written permission or unless used in accordance with these Terms and Conditions.
3.7. All information, products and prices available on the Website is subject to change without notice.
4. Site Security and Prohibited Activity
4.1. You are prohibited from violating, or attempting to violate, the security of this Website. Any such violations may result in criminal and/or civil penalties against you. In terms of the Electronic Communications and Transactions Act 25 of 2002, you are notified that it is a criminal offence to gain unauthorised access to any restricted areas of this Website, or to otherwise interfere with the proper functioning thereof or to intercept any data pertaining to or relating thereto.
4.2. In using the Service, you must not:
4.2.1. post or otherwise transmit any unlawful or otherwise objectionable material of any kind;
4.2.2. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
4.2.3. upload or otherwise make available, files that contain images, software or other material protected by intellectual property laws; misrepresent your identity or affiliation in any way; engage in deceptive online marketing; or assist or permit any persons in engaging in any of the activities described above.
5. Limitation of Liability and Indemnity
5.1. In addition to clause 3 above, under no circumstances, including, but not limited to, negligence, shall Elysian Creative, its affiliates, employees, agents or representatives be liable for any damages (of any kind) that result from the use of, or the inability to use, the materials or any information or service in or on the Website, its related web pages or social media channels.
5.2. You agree to indemnify, defend and hold Elysian Creative, its affiliates and/or any of its directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms and Conditions; and/or (ii) your activities and/or conduct in connection with this Website its related web pages or social media channels.
6.1. We may revise these Terms and Conditions at any time without notice. Although we will endeavor to highlight any changes to these Terms and Conditions, you should revisit the Website periodically to make sure you are aware of the most recent terms, because they will be binding on you.
6.2. This Agreement shall be governed by and interpreted according to the laws of the Republic of South Africa and the parties consent to the non-exclusive jurisdiction of the High Court of South Africa, KwaZulu-Natal, Durban, in respect of any proceedings arising out of or in connection with this Agreement. The parties agree that this agreement shall, for purposes of jurisdiction, have been concluded at our head office at Morningside, Durban, KwaZulu Natal, South Africa.
6.3. If you have any questions or complaints regarding these Terms and Conditions, or have any queries or comments in relation to the Website, please contact firstname.lastname@example.org and we will endeavor to respond to you promptly.
6.4. Each provision of these Terms and Conditions shall be severable from the other provisions. Should any provision be found by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions of these Terms and Conditions shall nevertheless remain binding and continue with full force and effect.
ALBUMS TERMS & CONDITIONS
At Elysian Creative we love designing albums and often see the images differently to what others do, allow us to assist you in creating a one of a kind album without having to deal with the hassle of printers, couriers and clients or photographers.
My goal is to provide you with a service that will not only fulfil your needs, but also go beyond what you require and allow you to hand over the album design process with as little fuss and fanfare as possible.
Some things you need to know about the albums and the design process before placing an order. The below listed items will need to be agreed upon fully and signed and returned before any album work will commence.
The layouts are clean and balanced with no background images or borders and are all designed over/on white paper. Elysian Creative layouts will always place the focus on the image and with this in mind leads our layouts to be clean and simple and we retain the right to use our discretion on how many images per page to avoid overcrowding of the layout.
INTRO PAGES :
All albums will have an introduction page to the start of the album. This page will include the couples’ names and/or surnames, their wedding date, venue and two logos; one of the photographers and one of Elysian Creative.
All albums will always include a copy of Elysian Creative’s logo. Placement of the logo is slightly negotiable but it is included in all albums designed by Elysian Creative. As our business involves the consideration of your or your clients wedding day story and the telling thereof, we pride ourselves in being able to play a small part in creating a keepsake that you or your clients will treasure forever. It is due to the considerable design process involved in putting these memories together that makes Elysian Creative a trusted supplier to the wedding industry and just like any other industry professional, our work is branded to show that we were involved. We do hope you understand and appreciate that our logo acts as both a stamp of authenticity, as well as a professional mark on your album.
ALBUM EDITS AND CHANGES:
One set of changes to each album design is included in the design fee, any further changes will be charged at R200 per spread. The changes made to the album will only be considered reasonable if they are within the agreed upon scope outlined below.
I.e. if the client would like between 2 and 5 images (for the entire album) swopped out and the new images do not alter the current layout then this is deemed reasonable. Alternatively the client can add extra pages to the original album spec and will be charged a single spread design fee as well as the image addition fee for all additions made. To clarify, all layouts will only include the images the client has chosen and the clients (whether these are the choice of the bridal couple or photographer) are to choose a maximum amount of images per album per page amount.
The amounts are as indicated below:
40 pages – 100 images | 60 pages – 120 images
80 pages – 140 images | 100 pages – 160 images
Design fee payment is due before any work is completed and proof of payment with your invoice number is required as confirmation of payment. The design fee is carefully structured around the ratio of images vs page amounts and any designs that require extra images without the balance of added pages will be charged at R15 per extra photograph (also known as an image addition fee). All designs are sent for approval before going to print.
APPROVAL OF DESIGNS:
An approval of the album will be sent once to the photographer, with one set of changes allowed (only done if requested by the photographer). An approval will be sent once to the bridal couple with one set of changes allowed.
Once these changes are completed within the allocated time of 7 working days, the couple will have one final chance to approve the edits and if further changes are required the clients need to specify what they require and will be invoiced accordingly as indicated previously.
Printing can take up to 6 weeks to complete depending on time of year and printer. Payment of printing is required upon final approval of album and delays due to money processing needs to be taken into consideration for print deadlines.
Delivery will either be done using our couriers, MDS Collivery, depending on the size and weight of the order and prices may vary depending on the company. Cost of delivery will be specified on the invoice but is subject change depending on the delivery service and/or unforeseen circumstances.