Terms of Use

Last Updated: January 2024

Acceptance of Terms

By accessing and using the Ember-egret website, you accept and agree to be bound by these Terms of Use. If you do not agree to these terms, please do not use this website. We reserve the right to modify these terms at any time, and your continued use of the website following any changes constitutes acceptance of those changes.

Description of Services

Ember-egret provides information about handwoven textile products and related services including custom commissions, educational workshops, and textile restoration. The website serves as a platform for enquiries and does not constitute an online store with immediate purchasing capability.

Use of Website

You agree to use this website only for lawful purposes and in a manner that does not infringe upon the rights of others or restrict their use and enjoyment of the website. Prohibited behaviour includes but is not limited to:

• Attempting to gain unauthorised access to any portion of the website or its systems
• Using the website to transmit harmful code, spam, or malicious content
• Interfering with the proper functioning of the website
• Collecting or harvesting personal information from other users
• Using automated systems to access the website without permission
• Reproducing, duplicating, or reselling any part of the website without authorisation

Intellectual Property

All content on this website, including text, images, graphics, logos, icons, and software, is the property of Ember-egret or its content suppliers and is protected by South African and international copyright laws. You may not reproduce, distribute, modify, or create derivative works from any content without our prior written consent.

The Ember-egret name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Ember-egret. You may not use these marks without our prior written permission.

User Submissions

When you submit enquiries or other information through our website, you grant Ember-egret a non-exclusive, royalty-free right to use that information for the purpose of responding to your enquiry and providing our services. You represent that any information you submit is accurate and does not violate the rights of any third party.

Commission Terms

Enquiries submitted through this website are requests for information and do not constitute binding orders. Formal commission agreements are subject to separate terms and conditions provided at the time of order confirmation. Key commission terms include:

• A 50% deposit is required to secure a place in the production queue
• Production timelines are estimates and may vary based on complexity and material availability
• Custom pieces are made to order and cannot be returned unless defective
• Final pricing is confirmed in writing before production begins

Pricing and Availability

Prices displayed on this website are indicative and subject to change without notice. Final pricing will be confirmed in your personalised quotation. All prices are quoted in South African Rand unless otherwise specified. We reserve the right to correct any errors in pricing or service descriptions.

Disclaimer of Warranties

This website and its content are provided "as is" without warranties of any kind, either express or implied. Ember-egret does not warrant that:

• The website will be available at all times or operate without interruption
• The website will be free from errors, viruses, or other harmful components
• Information on the website is complete, accurate, or current
• Any particular results will be achieved through use of our services

Limitation of Liability

To the maximum extent permitted by law, Ember-egret shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of, or inability to use, this website. Our total liability for any claim arising from these terms or your use of the website shall not exceed the amount you paid to us, if any, in the twelve months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless Ember-egret and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to your use of the website, your violation of these terms, or your violation of any rights of a third party.

Third-Party Links

This website may contain links to third-party websites. These links are provided for your convenience only. Ember-egret does not endorse or assume responsibility for the content, privacy policies, or practices of any third-party websites. Accessing linked sites is at your own risk.

Governing Law

These Terms of Use are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from these terms or your use of the website shall be subject to the exclusive jurisdiction of the courts of the Western Cape, South Africa.

Severability

If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced with a valid provision that most closely achieves the original intent.

Entire Agreement

These Terms of Use, together with our Privacy Policy and Cookies Policy, constitute the entire agreement between you and Ember-egret regarding your use of the website, superseding any prior agreements or communications.

Contact Information

If you have questions about these Terms of Use, please contact us at:

Ember-egret
42 Weaver's Lane
Stellenbosch, Western Cape, 7600
South Africa
Email: [email protected]