Please read these terms & conditions carefully. By accessing this website or using the software you agree to be bound by the terms & conditions stated below. If you do not agree to the terms & conditions stated below, please do not access or use the Musica website.
For the purpose of these terms and conditions:
“The Customer” will mean any person, company or entity using or ordering through the Musica Photobook website, software, product offerings and “Musica Photobooks” will mean Musica, a division of New Clicks South Africa (Pty) Ltd, Registration Number 1995/009967/07, of Cnr Searle & Pontac Streets, Woodstock, Cape Town, 8000; PO Box 630, Cape Town, 8000, South Africa (telephone: 0114305400 – Ann Groenewald email@example.com.
1. Acceptance of orders
All orders are accepted according to these terms and conditions.
After processing an order, the uploaded file is only kept on the Musica server for a period of three (3) weeks. This is done in case there is a need to check a file in respect of any quality related issues. All our gifts are printed using a sublimation process. Please note that Musica adds a branding page as a last page on all Hardcover photo book products. This page is not in the software but is added in at production stage. Should a customer not want this page included it must be indicated under “Special Instructions” in the ordering process.
2. Cancelling Orders
Musica reserves the right to refuse to processing of the payment for any order and/or to cancel any purchase, partially or completely, with notice given to you.
If you discover that you have made a mistake with your order and the order has not yet been confirmed by Musica, please contact the Customer Service Centre firstname.lastname@example.org. immediately. Musica cannot guarantee that we will be able to amend or cancel your order in accordance with your instructions. Orders cannot be cancelled once they have been confirmed by Musica as set out in the Online Orders section above. You are, however, entitled to return the products in accordance with the Returns and Defective Items sections hereunder. Delivery fees are non-refundable for cancelled orders or returned orders.
3. Copyright and content
All material and software belong to Musica. All rights are reserved worldwide. It is strictly prohibited to redistribute, copy or republish any of the material and software contained on the Musica web site.
Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. The same policy is applicable for copyrights. The Customer cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, or any other authors of original works. The copyright owner's exclusive rights prohibit the reproduction of any original work. Musica also state that The Customer cannot use explicit language or pornography on printed materials and merchandise. Musica reserves the right to not print any photobook or product that it deems as explicit or obscene. Musica will not refund monies paid for these products.
Musica also state that The Customer cannot use explicit language or pornography on printed materials and merchandise. Musica reserves the right to not print any photobook or product that it deems as objectionable, explicit in nature, obscene, pornographic, erotic, erotica, nudity in any form, illegal or in conflict with fair business practices. Musica will not refund monies paid for these products.
The Customer is responsible for the content of their product/s that they submit to Musica for printing. Musica does not accept any liability for the copyright of the photos, graphics, logos and other content used in the products offered and ordered. The Customer must ensure that they are not breaching any copyright, patent, trademark or any other law before uploading a product to the website. The Customer is responsible for all the consequences of unlawful use of protected data. The Customer must also ensure that the content of the product submitted complies with all legal requirements relating to obscenity, libel or any other matter. The Customer will be subject to the legal provisions of South Africa and any other relevant country. These terms and conditions will be governed by and interpreted in accordance with the laws of South Africa. Any disputes arising under or in connection with these terms will be subject to the non-exclusive jurisdiction of a court in South Africa.
The Customer acknowledges that Musica does not pre-screen content, but that Musica and its designees will have the right in their sole discretion to remove any content that violates the terms of service or may otherwise be objectionable. The Customer further acknowledges and agrees that Musica may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Musica, its users and the public.
4. Use of the Software
The Musica software may only be used to compose and order a photo product offered by Musica. The Customer or any representative of the Customer is prohibited from decompiling the software, undertake, cause, permit or authorise the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software. Such action will be deemed criminal and offenders will be prosecuted using the full extent of the law.
Musica can in no way be held responsible for damage or loss to, or of the uploaded files or to non-delivery of any product due to incorrect information given or failure by the South African Post Office or Musica couriers to locate and deliver the product to the Customer. Musica is not responsible for 3rd party shipping errors, omissions or damaged shipments.
Musica cannot be held responsible in any way for the quality of the photographs placed by the Customer into the products offered. It is the Customer’s responsibility to ensure and determine that the quality of photograph taken and placed into the product is suitable before ordering and uploading the file to Musica.
Musica takes no responsibility for the colour of covers represented by a swatch block and description in the website as they act as a guideline only.
Musica uses dye sublimation methods to produce many of the gift ranges. As such colour and positional accuracy is not guaranteed especially where printing needs to be done in line with Corporate Identity. In these cases dye sublimation is not recommended.
Musica will not be required to produce any matter which in their opinion is illegal or defamatory or obscene and retains the right to execute orders placed. The Customer will indemnify Musica against any claims, costs and expenses arising out of claims brought against Musica by a third party for infringement of copyright, trademark, patent or design. Musica gives no warranty, express or implied, concerning the suitability of the goods supplied for any purpose whatsoever nor will Musica be liable for any direct, indirect, consequential or other loss including loss to third parties arising out of errors in carrying out an order placed or by delay in delivery, or by the suitability of goods for use as intended.
The Customer agrees to indemnify and hold Musica, and its subsidiaries, affiliates, officers, agents, co-branders, print vendors, business partners, employees, successors or assigns harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of content the Customer submits, posts to or transmits through the use of the Musica website, the Customers use of the Website, the Customers connection to the Website, the Customers violation of the terms of service, or the Customers violation of the rights of a third party.
6. Delivery time
Normal production time to process orders is between 3 – 5 working days. All orders are normally delivered within fifteen (15) working days after the payment of an order has been received. This is depending on the area where the books needs to be delivered.
Delays in the delivery time can under no circumstances be used to cancel an order or to claim any compensation. Any order is subject to cancellation or variation by reason of Force Majeure from any cause whatsoever beyond Musica’s control including inter alia: inability to secure labour, materials, power or supplies, or by reason of an Act of God, war, civil disturbance, riot, state of emergency, strikes, lockout or other labour disputes, fire, flood, drought or legislation.
7. Complaints and Returns
Complaints and claims must be brought to the attention of Musica by emailing email@example.com.
Should any item that you have purchased through the Website be the subject of any manufacturing defect or failure, or is unsafe, as contemplated in the Consumer Protection Act, 2008, please contact firstname.lastname@example.org. within six months of the date of purchase, subject to the CPA. Musica and/or its supplier reserve the right to examine the product and test the product to confirm the alleged defect, failure or safety hazard existed at the time of purchase, before the product will be repaired, replaced or refunded.
Our online payment options are administered by VCS, a specialist third party payment provider who are trusted experts in the field of secure online payments. You may pay for your order by one of the following payment methods:
• Credit card: Visa or MasterCard;
• Debit card: Visa or MasterCard.
Payment with Clicks Club Card Rewards or gift vouchers is not accepted for orders placed via this Website. No Club Card Points are earned on purchases through this Website.
Payment will be effected on confirmation of your order and prior to delivery. The total value of your online order will debited against the payment method tendered during the checkout process.
Once you have selected your payment method and accepted these Terms, you will be directed to VCS secure site for payment of the applicable purchase price for the goods. Your payment will be presented to the bank for authorisation. Should such authorisation be declined, you order will be not be accepted and the ordering process will recommence. Should the authorisation be successful, your order will be processed for delivery to the selected delivery address. Your payment details are held by VCS in a secure encrypted server which is not accessible from the Internet. For further information regarding online payments with VCS please see visit https://www.paygate.co.za/vcs-brand-change/