TERMS AND CONDITIONS

1. Introduction

a. This website can be accessed at www.hildealetmalan.co.za,
b. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
c. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
d. The Website enables you to shop online for a range of art related products.
e. Hilde Alet Malan does not allow third party sellers to list and sell their Goods on the Website (each a “Third Party Seller”).

2. Important Notice

a. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
b. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
i. may limit the risk or liability of Hilde Alet Malan or a third party; and/or
ii. may create risk or liability for the user; and/or
iii. may compel the user to indemnify Hilde Alet Malan or a third party; and/or
iv. serves as an acknowledgement, by the user, of a fact.
c. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
d. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Hilde Alet Malan to explain it to you before you accept the Terms and Conditions or continue using the Website.
e. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Hilde Alet Malan in terms of the CPA.
f. Hilde Alet Malan permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

3. Returns

Please refer to our Returns Policy for more information about cancelling orders after delivery, and about returns (and related refunds, replacements). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

4. Registration and use of the website

a. Both registered and unregistered users may order Goods on the Website.
b. To register as a user, you must provide a unique username and password and provide certain information and personal details to Hilde Alet Malan. You will need to use your unique username and password to access the Website “My Account” Page.
c. You agree and warrant that your username and password shall:
i. be used for personal use only; and
ii. not be disclosed by you to any third party.
d. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
e. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
f. You agree to notify Hilde Alet Malan immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
g. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, 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.
h. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Hilde Alet Malan representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
i. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Hilde Alet Malan representative.

5. Conclusion of sales and availability of stock

a. Website users may place orders for Goods, which Hilde Alet Malan may accept or reject. Whether or not Hilde Alet Malan accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Hilde Alet Malan for the Goods.
b. Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may cancel the Sale only in accordance with the Returns Policy.
c. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Hilde Alet Malan, Hilde Alet Malan will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, the website will inform the user. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, Hilde Alet Malan will notify you and you will be entitled to a refund of the amount paid by you for such Goods.
d. All Goods may not be purchased for re-sale. Should we suspect that such Goods are being purchased for this purpose, we are entitled to cancel your order immediately without notice to you.

6. Payment

a. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
b. The Goods are for sale by Hilde Alet Malan, payment can be made for Goods via –
i. debit card;
ii. credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
iii. direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Hilde Alet Malan will not accept your order if payment has not been received;
iv. Instant EFT;
v. cash on delivery; by selecting this option, you undertake to ensure that you have cash on hand at the time of delivery;
c. You may contact us via email at hildealtmalan@gmail.com to obtain a full record of your payment. We will also send you email communications about your order and payment.
d. Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

7. Delivery of goods

a. Hilde Alet Malan offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
i. courier; or
ii. self-collection.
b. Shipping is a service that we are able to arrange on your behalf. We will arrange a quote for your approval in this regard prior to shipping. No items will be shipped until payment is received in full. The courier company used for shipping your package is a third-party company. Hilde Alet Malan Art pty ltd cannot be held responsible for any actions, losses or delays on the part of the courier company. Where it accepts your order, Hilde Alet Malan will arrange via courier to deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
c. Hilde Alet Malan’s obligation to deliver a product to you is fulfilled when the delivery of the product to the physical address nominated by you for delivery of the order is completed. Hilde Alet Malan is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
d. All limited edition art prints are dispatched neatly rolled up in tubes on the choice of paper selected during check-out. Clients are responsible for arranging their own framing after receipt of goods.
e. PLEASE NOTE: Orders placed from 24 December 2024 and 8 January 2025 will be dispatched from the 9th of January 2025.

7b. Ordering and delivery of goods outside of South Africa

Shipping and packaging costs are NOT included for purchasers outside of South Africa. If purchasing from outside of South Africa, we  highly recommended that that you email us with the name of the artwork you are interested in (or the web URL), along with your address so that we can provide you with a shipping cost estimate. art@hildealetmalan.co.za

a. Unless otherwise stated on an individual product description: Purchasers who need products delivered to an address outside of South Africa are responsible for the cost of the disposable delivery crate required by some couriers. This means there may be an additional crate charge following online checkout.

b. Unless otherwise stated on an individual product description: The purchaser is responsible for arranging and paying for pickup of their order from the studio only once a representative from Hilde Alet Malan art  has given the instruction to do so

In the case of Original Art Prints, this is due to the studio that need to order the  prints from the supplier after which they are delivered to the studio and then signed by Hilde personally. This process can take a number of weeks.

In the case of Original Art, a special protective crate needs to be arranged and costs confirmed. The purchaser is liable for this cost. Wherever possible this cost is calculated and added as a separate “disposable crate cost” line item before checkout, however it may sometimes be confirmed after purchase when this line item does not appear at checkout.

c. Hilde Alet Malan art undertake to inform the purchaser of any additional costs within a reasonable timeframe after an order has been received. Some products will already have shipping charges included in the price and this will be indicated on the product description.

8. Errors

We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

9. Privacy policy

a. We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
b. Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –
i. your name and surname;
ii. your email address;
iii. your physical address;
iv. your gender;
v. your mobile number; and
vi. your date of birth.
c. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
d. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
e. We will not, without your express consent:
i. use your personal information for any purpose other than as set out below:
• in relation to the ordering, sale and delivery of Goods;
• to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
• to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and
• to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us; or
ii. disclose your personal information to any third party other than as set out below:
• to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
• to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
• to our suppliers in order for them to liaise directly with you in the event of you submitting a warranty claim regarding any Goods you have purchased which requires their involvement; and
• to any Third Party Seller for purposes of sending you an invoice for any Goods purchased from such Third Party Seller, which disclosed information will be limited to your email address (refer to clause 2 above).
f. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, order of court or legal process served on us, or to protect and defend our rights or property.
g. We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
h. We will –
i. treat your personal information as strictly confidential;
ii. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
iii. provide you with access to your personal information to view and/or update personal details;
iv. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
v. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
vi. upon your request, promptly return or destroy any and all of your personal information in our possession or control.
i. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
j. Hilde Alet Malan undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Hilde Alet Malan reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
k. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

l. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Hilde Alet Malan, Hilde Alet Malan SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

10. Refund Policy

a. Returns
i. Our policy lasts 7 days from delivery. If 7 days have gone by since your delivery, unfortunately we can’t offer you a refund or exchange.
ii. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
iii. To complete your return, we require a receipt or proof of purchase.
iv. Please do not send your purchase back without prior arrangement with Hilde Alet Malan.
b. Refunds (if applicable).
i. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
ii. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
c. Late or missing refunds (if applicable)
i. If you haven’t received a refund yet, first check your bank account again.
ii. Then contact your credit card company, it may take some time before your refund is officially posted.
iii. Next contact your bank. There is often some processing time before a refund is posted.
iv. If you’ve done all of this and you still have not received your refund yet, please contact us at hildealetmalan@gmail.co.za.
d. Sale items (if applicable)
i. Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
e. Exchanges (if applicable)
i. We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at hildealetmalan@gmail.co.za and send your item to: Hilde Alet Malan Studio, Paul Ferreira Way, Patensie, Eastern Cape.
f. Gifts
i. If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.
ii. If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.
g. Shipping
i. To return your product, you should mail your product to: Hilde Alet Malan Studio, Paul Ferreira Way, Patensie, Eastern Cape.
ii. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
iii. Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
iv. If you are shipping an item over R1,000, you should consider using a traceable shipping service. We don’t guarantee that we will receive your returned item. Shipping of original Artwork from Hilde Alet Malan does not include insurance against any damage caused to a product. Should any damage to a product be noticed on immediate inspection after delivery, please take photos and email them to hildealetmalan@gmail.co.za so that we may investigate. Refunds and/or replacements will be investigated on a case by case basis.

Please note that Original artworks are unique and are purchased with the understanding that the photograph of the artwork is for illustration purposes only. We cannot return an artwork (for example) if there is a spot of paint on the artwork’s canvas. By purchasing the product you accept that the photograph is only a representation of the artwork you will be receiving and any perceive imperfections are part of the artwork.

11. Changes to these Terms and Conditions

a. Hilde Alet Malan may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
b. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

12. Electronic communications

a. When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in accordance with our privacy policy

13. Ownership and copyright

a. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Hilde Alet Malan, its advertisers and/or sponsors and/or is licensed to Hilde Alet Malan.
b. You will not acquire any right, title or interest in or to the Website or the Website Content.
c. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact our office at 063 622 2389.
d. Where any of the Website Content has been licensed to Hilde Alet Malan, your rights of use will also be subject to any terms and conditions which that licensor imposes from time to time and you agree to comply with such third party terms and conditions.

14. Disclaimer

a. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
b. Whilst Hilde Alet Malan takes reasonable measures to ensure that the content of the Website is accurate and complete, Hilde Alet Malan makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
c. Hilde Alet Malan disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
d. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
e. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Hilde Alet Malan also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of Hilde Alet Malan employees, its employees, agents or authorised representatives. Hilde Alet Malan thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

15. Linking to third party websites

a. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Hilde Alet Malan is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
b. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

16. Limitation of liability

a. Hilde Alet Malan cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of Hild Alet Malan, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to hildealetmalan@gmail.com or 063 622 2389.
b. Hilde Alet Malan SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
c. YOU HEREBY INDEMNIFY HILDE ALET MALAN AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

17. Availability and termination

a. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
b. Hilde Alet Malan may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Hilde Alet Malan will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
c. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
d. Hilde Alet Malan reserves the right, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Hilde Alet Malan to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Hilde Alet Malan, in whole or in part, on notice to you. Hilde Alet Malan shall only be liable to refund monies already paid by you (see Hilde Alet Malan’s return Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
e. At any time, you can choose to stop using the Website, with or without notice to Hilde Alet Malan.

18. Governing law and jurisdiction

a. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
b. In the event of any dispute arising between you and Hilde Alet Malan, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
c. Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

19. Notices

a. Hilde Alet Malan hereby selects Hilde Alet Malan Studio, Paul Ferreira Way, Patensie, Eastern Cape, 6335 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Hilde Alet Malan may change this address from time to time by updating these Terms and Conditions.
b. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Hilde Alet Malan not less than 7 days’ notice in writing.
c. Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent –
i. by hand will be deemed to have been received on the date of delivery;
ii. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
iii. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

20. Information

a. For the purposes of the ECT Act, Hilde Alet Malan’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
i. Full name: Hilde Alet Malan
ii. Main business: Artist and Online retailer
iii. Physical address for receipt of legal service (also postal and street address): Hilde Alet Malan Studio, Paul Ferriera Way, Patensie, Eastern Cape, 6335. Phone number: +27 63 622 2389
v. Official email address: hildealetmalan@gmail.com
vi. PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.

21. General

a. Hilde Alet Malan may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
b. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
c. Any failure on the part of you or Hilde Alet Malan to enforce any right in terms hereof shall not constitute a waiver of that right.
d. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
e. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
f. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
g. These Terms and Conditions contain the whole agreement between you and Hilde Alet Malan and no other warranty or undertaking is valid, unless contained in this document between the parties.

POPI Privacy Policy Statement

Respecting and protecting your Personal Information (please refer to the definition of Personal Information at the end of this policy statement) is very important to Hilde Alet Malan.
In line with the 8 Conditions in the Protection of Personal Information Act, 4 of 3013 (the Act), We
• Accept joint responsibility and accountability with you to responsibly manage and protect your Personal Information when providing our services and solutions to you;
• Undertake to receive, only from you, and process the Personal Information that is necessary for the purpose to assist you with your required solutions, conclude the necessarily related agreements and consider the legitimate legal interests of everyone concerned, as required by the Act and to respect your right to withdraw your consent for the processing of your Personal Information;
• Undertake to only use your Personal Information for the purpose required to assist you or provide solutions to you and not process your Personal Information with anyone if not required for assisting you with your solutions or by the law;
• Undertake to be open and transparent and notify you as and when required by law regarding why and how your Personal Information needs to be collected;
• Undertake to safeguard and protect your Personal Information that is in our possession;
• Undertake to freely confirm what Personal Information we have, to update and correct the Personal Information, and to keep it for no longer than legally required.

Hilde Alet Malan or the companies who provide or assist with the solutions that is required by you, need to collect, use, and keep your Personal Information as prescribed by relevant laws and regulations and for reasons such as:

• To share with and provide relevant products or services to you, and to maintain our relationship.
• To respond to your queries.
• To confirm and verify your identity or to verify that you are an authorised user for security purposes.
• To conduct credit reference searches or verification, as required by operations.
• For operational purposes.
• For audit and record-keeping purposes.
• In connection with possible requirements by the Information Regulator or other Government agencies allowed by law, legal proceedings, or court rulings.

Any additional information or concerns can be found and raised with the Information Regulator, who can be contacted as shared below, but please feel free to contact Ms Hilde Alet Malan (Information Officer), first to discuss any questions or concerns you may have, failing which, you are welcome to make contact with the Information Regulator directly:

Website: https://www.justice.gov.za/inforeg/
Tel: 012 406 4818
Email: inforeg@justice.gov.za