Terms and Conditions of Sale
Please read these Terms of Sale (“Terms and Conditions of Sale”) before ordering any products from our website (“Product(s)”). They govern our relationship with you in relation to this website and your purchase of product(s) from the website.
Christiane Stolhofer Collections operates under the company name, Burning Log (Pty) Ltd., registered in Botswana.
The website to which these Terms of Sale apply and for which we are responsible is www.christiane-stolhofer.com.
Please contact our Customer Service at firstname.lastname@example.org or + 267 6862825.
Purchases and Delivery
Orders are submitted via the website in the following way:
Once you are ready to make a purchase, click on ‘add to Shopping Basket’ to add the product you wish to purchase to your Shopping Basket. Then proceed by clicking ‘Proceed to Checkout’ to log into our secure servers to complete your order.
Once signed in, confirm you wish to make an order and consent to the Terms of Sale.
Once you have completed compiling your order, please confirm that it is correct. If it is not correct, you can revisit your order and correct the errors before confirming and submitting your order to us. It is your responsibility to ensure that your order is correct before submitting it to us. If you have any problems with your order, please call us at +267 6862825 or +267 71584450.
Your order will be accepted and confirmed by us as soon as the payment has been received by PayPal. We will send you an email confirming your payment, as well as confirmation of your delivery address.
If we do not get a reply from you with possible corrections, or confirmation of the delivery address within 48 hours, we will process the shipment of your product(s) and send you a second email with the details of your express shipment: dispatch of product(s), estimated shipment time, Waybill Number and insurance details.
Please see the annex to this document for the DHL Express Terms and Conditions of Carriage.
Any possible import duties arising at the port of entry into the country of the final shipment destination are to be carried by you, the buyer.
All payments must be made at the time of placing the order. Payment for all product(s) must be through your PayPal account, or any credit card processed through PayPal. We will not dispatch the product(s) until we receive payment.
Prices can change at any time, but changes will not affect orders which we have already confirmed.
Damaged or Defective Product(s)
- We do not offer any warranty or guarantee on our products.
- You should inspect the product(s) when you receive them. If you find damage you should inform us straight away, documented by sending us a digital photo(s). After establishing that the damage occurred during the shipment and through no fault of your own, we will then contact the courier company to have the shipment returned, and you will be refunded for your payment of the product(s). All our Products will be dispatched in good condition, but being works of art they do have their individual look and finish. If it can clearly be established that the product(s) was not in the condition shown on the photographic images on the website, after you have received it, by no fault of your own, or damaged during the period of shipment, we will have the product(s) shipped back and your payment will be refunded.
- These Terms of Sale do not exclude our liability (if any) to you for: personal injury or death resulting from our negligence; fraud; any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
- Subject to paragraph (iii) above, we are only liable to you for losses that you suffer as a result of a breach of these Terms of Sale by us. Our liability for losses you suffer as a result of us breaching these Terms of Sale is strictly limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaching these Terms of Sale. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us.
- Subject to paragraph (iii) above, we are not responsible for indirect losses that happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
- loss of income or revenue
- loss of business;
- loss of profits or contracts; or
- loss of anticipated savings.
- provided that this shall not prevent claims for loss of or damage to your tangible property in accordance with your statutory rights or paragraph (iv) or any other claims for a direct financial loss that are not excluded by any of the above categories of loss of this paragraph (v).
- Subject to paragraph (iii) above, we are not responsible for any delay in, or failure of, performance of our obligations under these Terms of Sale arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
Please note that nothing contained in these Terms of Sale in any way affects your statutory rights.
Cancellation of Order
Orders may be canceled up to 48 hours after placing the Order. The cancellation has to be in writing by email. Product(s)( Wood Sculpture(s), Miniature(s) in sterling silver and bronze and Accessories ) are not returnable with the exception; see Paragraph: Damaged or Defective Products.
We advise you to print a copy of the Terms and Conditions of Sale for your information. You can download a PDF version of these Terms of Sale by clicking on Download PDF.
By accepting the Terms and Conditions of Sale you are confirming that you are abiding by all content contained in the Terms and Conditions of Sale.
We do not share your private data with any other party.
The Contract and all communications between us will be conducted in the English language.
The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms and Conditions of Sale or of any term of these Terms of Sale will be governed by the law of Botswana.
If any provision of these Terms of Sale is found to be invalid or unenforceable by the court, it will be deleted from the rest of these Terms of Sale which will remain unaffected.
No delay or failure by us to exercise any powers, rights or remedies under these Terms of Sale will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies prevent any other or further exercise of them.
A person who is not a party to a contract governing the Terms of Sale between you and us is not entitled to enforce any of its terms except where these Terms of Sale expressly provide for such rights.
Copyright © Christiane Stolhofer Collections
DHL EXPRESS TERMS AND CONDITIONS OF CARRIAGE
(“Terms and Conditions”)
When ordering DHL’s services you, as “Shipper”, are agreeing, on your behalf and on behalf of the receiver of the Shipment (“Receiver”) and anyone else with an interest in the Shipment that
these Terms and Conditions shall apply.
“Shipment” means all documents or parcels that travel under one waybill and which may be carried by any means DHL chooses, including air, road or any other carrier. A “waybill” shall include any Shipment identifier or document produced by DHL or Shipper automated systems such as a label, barcode, waybill or consignment note as well as any electronic version thereof. Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires greater protection, then insurance may be arranged at an additional cost. (Please see below for further information). “DHL” means any member of the DHL Express Network.
- Customs Clearance
DHL may perform any of the following activities on Shipper’s or Receiver’s behalf in order to provide its services: (1) complete any documents, amend product or service codes, and pay any duties, taxes or penalties required under applicable laws and regulations (“Customs Duties”), (2) act as Shipper’s forwarding agent for customs and export control purposes and as Receiver
solely for the purpose of designating a customs broker to perform customs clearance and entry and (3) redirect the Shipment to Receiver’s customs broker or other address upon request by
any person who DHL believes in its reasonable opinion to be authorized.
- Unacceptable Shipments
A Shipment is deemed unacceptable if:
• no customs declaration is made when required by applicable customs regulations,
• it contains counterfeit goods, animals, bullion, currency, gemstones; weapons, explosives, and ammunition; human remains; illegal items, such as ivory and narcotics,
• it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods) or other relevant organization (“Dangerous Goods”),
• its address is incorrect or not properly marked or its packaging is defective or inadequate to ensure safe transportation with ordinary care in handling, • it contains any other item which DHL decides cannot be carried safely or legally.
- Deliveries and Undeliverables
Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver’s address given by Shipper but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area.
DHL may notify Receiver of an upcoming delivery or a missed delivery. The receiver may be offered alternative delivery options such as delivery on another day, no signature required, redirection or collection at a DHL Service Point. Shipper may exclude certain delivery options on request.
If the Shipment is deemed to be unacceptable as described in Section 2, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay Customs Duties or other Shipment charges, DHL shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment may be released, disposed of or sold without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against Customs Duties, Shipment charges and related administrative costs with the balance of the proceeds of a sale to be returned to Shipper. DHL shall have the right to destroy any Shipment which any law prevents DHL from returning to Shipper as well as any Shipment of Dangerous Goods.
DHL has the right to open and inspect a Shipment without notice for safety, security, customs or other regulatory reasons.
- Shipment Charges and Fees
DHL’s Shipment charges are calculated according to the higher of actual or volumetric weight per piece and any piece may be re-weighed and re-measured by DHL to confirm this calculation.
Shipper, or the Receiver when DHL acts on Receiver’s behalf, shall pay or reimburse DHL for all Shipment or other charges due, or Customs Duties owed for services provided by DHL or incurred by DHL on Shipper’s or Receiver’s behalf. Payment of Customs Duties may be requested prior to delivery.
If DHL uses its credit with the Customs Authorities or advances any Customs Duties on behalf of a Receiver who does not have an account with DHL, DHL shall be entitled to assess a fee.
- DHL’s Liability
- DHL’s liability in respect of any one Shipment transported by air (including ancillary road transport or stops en route) is limited by the Montreal Convention or the Warsaw Convention as applicable, or in the absence of such Convention, to the lower of (i) the current market or declared value, or (ii) 19 Special Drawing Rights per kilogram (approximately $US 26.00 per kilogram). Such limits shall also apply to all other forms of transportation, except where Shipments are carried only by road when the limits below apply. For cross-border Shipments transported by road, DHL’s liability is or shall be deemed to be limited by the Convention for the International Carriage of Goods by Road (CMR) to the lower of (i) current market value or declared value, or (ii) 8.33 Special Drawing Rights per kilogram (approximately $US 14.00 per kilogram). Such limits will also apply to national road transportation in the absence of any mandatory or lower liability limits in the applicable national transport law.If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance as described in Section 8 or make its own insurance arrangements.DHL’s liability is strictly limited to direct loss and damage to a Shipment only and to the per kilogram limits in this Section 6. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to DHL’s attention.
- DHL will make every reasonable effort to deliver the Shipment according to DHL’s regular delivery schedules, but these schedules are not binding and do not form part of the contract. DHL is not liable for any damages or loss caused by delay, but for certain Shipments, Shipper may be able to claim limited delay compensation under the Money Back Guarantee terms and conditions, which are available on the DHL website (www.dhl.com) or from DHL Customer Service.
- DHL’s Liability
All claims must be submitted in writing to DHL within thirty (30) days from the date that DHL accepted the Shipment, failing which DHL shall have no liability whatsoever. Claims are limited
to one claim per Shipment, settlement of which will be the full and final settlement for all loss or damage in connection therewith.
- Shipment Insurance
DHL may be able to arrange insurance covering the value in respect of loss of or damage to the Shipment, provided that the Shipper so instructs DHL in writing, including by completing the insurance section on the front of the waybill or by DHL’s automated systems and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.
- Circumstances Beyond DHL’s Control
DHL is not liable for any loss or damage arising out of circumstances beyond DHL’s control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or
photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to DHL; any act or omission by a person not employed or contracted by
DHL – e.g. Shipper, Receiver, third party, customs or other government officials; “Force Majeure” – e.g. earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot, civil commotion, or industrial action.
- Shipper’s Warranties and Indemnities
Shipper shall indemnify and hold DHL harmless for any loss or damage arising out of Shipper’s failure to comply with the following warranties and representations:
all information provided by Shipper or its representatives is complete and accurate;
the Shipment is acceptable for transport under Section 2 above;
the Shipment was prepared in secure premises by reliable persons and was protected against unauthorized interference during preparation, storage and any transportation to DHL;
Shipper has complied with all applicable customs, import, export, data protection laws, sanctions, embargos and other laws and regulations; and
Shipper has obtained all necessary consents in relation to personal data provided to DHL including Receiver’s data as may be required for transport, customs clearance and delivery, such as e-mail address and mobile phone number.
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
- Governing Law
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of DHL, to the non-exclusive jurisdiction of the courts of, and governed by
the law of the country of origin of the Shipment and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.
Further information is available on the DHL website (www.dhl.com) or from DHL Customer Service.