Terms and conditions

1.1 – Your access to and use of kasaafrika.com (‘the Website’) and any Services referred to in Clause 2, is subject exclusively to these Terms and Conditions. You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions, and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Services.
1.2 – We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is, therefore, your responsibility to check the Terms and Conditions regularly for any changes.

The Website may provide communication tools such as image galleries, administration areas, email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities (‘the Services’) designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only.

All items purchased from Kasa Afrika are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Orders are delivered by any carrier designated by the publisher within 4 working days after the full payment is received corresponding to the counterparty by the seller.

Certain products or order volumes may justify a higher delivery time, this will be expressly stated in the user’s attention when the order validation.

14-1 Delivery error and apparent defect

The user undertakes to check compliance of the product with the order upon delivery. Any error of delivery compared to the control or vice apparent will be the subject of a complaint within three days from delivery. After this period, the product will be deemed received correctly by the user, who can no longer rely on a delivery error or defect.

14-2 Damage and partial loss

In case of delivery of a package clearly and visibly deteriorated, it is up to the user to refuse to enjoy the guarantee offered by the carrier. The user should also notify the gallery immediately so that a new package is prepared for it, and then shipped upon receipt of the parcel damaged in return. In such cases, the delivery times indicated above in these terms and conditions shall no longer apply.

Similarly, the user will reject any incomplete or packages containing damaged objects. In accordance with Article L 133-3 of the Commercial Code, receiving items carried out any action against the carrier for damage or partial loss if within three days, excluding holidays, after that of this reception, the recipient has not notified the carrier by registered letter, the protest grounds. Failing to complete that formality, the user will not be compensated.

14-3 Bulky products

Unless otherwise stated on the site, product delivery will take place at the address specified by the user, on the ground floor only by means of a vehicle up to the size of a semitrailer truck type. By validating the order, the user, therefore, undertakes to ensure accessibility of the place of the delivery vehicle defined above and be present on the day and the hour fixed for the delivery.

For this purpose, the user undertakes to provide a valid phone number and accept that that number is communicated to the carrier to agree the date and time of delivery.

The user is fully aware that delivery will be made by the provision of the ordered products and the installation or setting products will be at his expense and under his responsibility.

The prices listed on the site agreed in Euros, including taxes and delivery costs. These prices can be changed at any time by the gallery, the prices are valid on the day of the order and do not wear effect for the future.

Delivery costs will, in any event, indicated to the user before any payment.

For deliveries outside the European Union and overseas territories, the user is informed that the customs duties and other taxes will eventually be due. The necessary formalities and payment of such duties and taxes are not the responsibility of the publisher and will in any event be borne by the user. It is up to the latter to verify all these data and the possibility of importing the product from the relevant authorities of the country of delivery, before ordering on the site.

Products sold remain the property of the seller until full payment of their price, in accordance with this title retention clause. The risks are nevertheless transferred to the buyer after the delivery of products.

4.1 – We are committed to responsible data management and subscribe to the principals of the data protection legislation in Europe. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you register for any of the Services you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for notifying you of changes or updates to the Website/Services.
4.2 – In the member’s admin area, where stated, certain personal information entered will be posted in the members gallery within the Website. This information is: name, country of residence and email address. African-arte.com or any companies associated with African-arte.com cannot be held responsible for unsolicited email or ‘spam’ sent to a member’s published email address. If you do not wish to have your email address published we can arrange an alternative.

In addition, the publisher reserves the right to collect the IP (Internet Protocol) public of any user. The collection of this IP will be done anonymously, it will be retained for the same duration as personal information and will only allow for the proper administration of the services offered on this site. The IP address is a series of points of separate numbers to uniquely identify a computer on the Internet.

The editor will communicate any personal data about a user to the police (on judicial requisition) or any person (by order of the judge). The IP address of your computer can be reconciled with the actual identity of the subscriber held by the ISP (internet providers).

If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. In no event will African-arte.com or any companies associated with African-arte.com be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.

12.1 – You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (‘the Content’), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Website/Services you may be exposed to Content that is offensive and/or indecent. African-arte.com or any companies associated with African-arte.com will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
12.2 – In using the Website/Services you agree not to:
12.2.1 – use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
12.2.2 – post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
12.2.3 – post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
12.2.4 – threaten abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
12.2.5 – use any information or material in any manner that infringes any copyright, trademark patent or other proprietary right of any party;
12.2.6 – make unavailable or upload files that contain a virus, worm, Trojan or corrupt data that may damage the operation of the computer or property of another;
12.2.7 – collect or store personal information about others, including email addresses;
12.2.8 – advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
12.2.9 – impersonate any person or entity for the purpose of misleading others;
12.2.10 – violate any applicable laws or regulations;
12.2.11 – use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services;
12.2.12 – post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
12.2.13 – attempt to gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
12.3 – We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.

The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that African-arte.com or any companies associated with kasaafrika.com is not responsible for the content or availability of any such sites.

You agree to indemnify and hold kasaafrika.com or companies associated with kasaafrika.com harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against kasaafrika.com or any companies associated with kasaafrika.com by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by kasaafrika.com or companies associated with kasaafrika.com in consequence of your breach of these Terms and Conditions.

15.1 – Use of the Website/Services is at your own risk. The Website/Services are provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
15.2 – To the extent permitted by law, kasaafrika.com and companies associated with kasaafrika.com will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
15.3 – kasaafrika.com or companies associated with kasaafrika.com makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
15.4 – kasaafrika.com or companies associated with kasaafrika.com is not responsible in any way for any artwork sales that you or third parties may engage in.
15.5 – kasaafrika.com or companies associated with kasaafrika.com reserve the right to refuse use of the Services.
15.6 – kasaafrika.com or companies associated with kasaafrika.com reserve the right to refuse or remove images or text posted on the Website.

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

These Terms and Conditions shall be governed by and construed on accordance with the law of Portugal and you hereby submit to the exclusive jurisdiction of the Portuguese courts.

We are: Kasa Afrika (PT) Ltd

Address: Rua D. João IV, n.º 303

4302-300

Porto, Portugal