The Haute Archive
Last updated: March 24, 2024
Please read these terms and conditions carefully before using the website operated by The Haute Archive.
Website Terms and Conditions (T&Cs), which include any Policies on The Haute Archive's website (“we”, “use” and “our”), apply to the ordering, sale and delivery of goods and services, access to the information and use of this Website by Customers (“you”, or “your”).
When placing an online order a user profile will be created for which will serve as consent to and acceptance of our T&Cs and Privacy Policy.
These Terms and Conditions are important and should be carefully noted as they contain provisions which, within the limits of the Consumer Protection Act, may limit The Haute Archive's risk or liability, create risk or liability for you as a consumer, may compel you to indemnity The Haute Archive and serves as an acknowledgement by you of any fact.
SUPPLY OF GOODS AND/OR SERVICES IN TERMS OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 ("THE ACT"). Insofar as this these T&Cs fall within the ambit of the Act, the following information is made available to you in respect of the supply of goods and/or services offered for sale, by way of an electronic transaction:
Our contact details are set out clearly on our Website, and these T&Cs.
Goods and/or Services: The goods and/or services provided through the Website are various services which enable you to give instructions to us.
Complaints and disputes: If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please use the "Contact Us" service on the Website.
1. Acceptance of Terms: By accessing or using the website, you agree to be bound by these terms and conditions. Should you not understand any of the contents of these T&Cs, you are advised to contact The Haute Archive to assist with further explanation of the T&Cs before accepting them. If you do not agree to these terms, please do not use the website.
2. Intellectual Property: The content, design and all materials available on the website, including but not limited to text, graphics, logos, images and audio clips, are the property of The Haute Archive or its licensors and are protected by copyright, trademark and other intellectual property laws.
You may not use, reproduce, distribute or create derivative works based on such materials without the express written consent of The Haute Archive.
3. User Conduct: You agree to use the website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the website.
4. Privacy Policy: Your use of the website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by reference. Please review our Privacy Policy to understand our practices.
5. Links to Third Party Websites: The website may contain links to third party websites or services that are not owned or controlled by The Haute Archive. The Haute Archive has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that The Haute Archive shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.
6. Changes to Terms and Conditions: The Haute Archive reserves the right to modify or replace these terms and conditions at any time. It is your responsibility to check these terms and conditions periodically for changes. Your continued use of the website following the posting of any changes to these terms and conditions constitutes acceptance of those changes.
7. Limitation of Liability: In no event shall The Haute Archive, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the website.
8. Governing Law: These terms and conditions are governed by and construed in accordance with the laws of South Africa and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
9. Use of the Website and Social Media platforms: The Haute Archive is active on TIKTOK, Instagram and other social media platforms from time to time.
You agree to use the Website for lawful purposes only. Without derogating from the generality of the aforegoing, if you should choose to access or use this Website from locations other than the Republic of South Africa, you do so at your own initiative and you are responsible for compliance with applicable local laws.
You are prohibited from posting or transmitting, by means of reviews, comments, suggestions, ideas, questions or other information through the Website and Social Media Platforms, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind, which content includes but is not limited to: any content that may fall within the scope of Section 9 of the Constitution of the Republic of South Africa, which prohibits discrimination on the grounds of, inter alia, race, sex, gender, marital status, religion; or any content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law; or any content that constitutes an invasion of privacy; or any content that is an infringement of any intellectual property right; or any content that contains software viruses; or any content that constitutes a political statement, commercial solicitation, or "Spam".
Although we do not purport to review (nor are we under any obligation to review) any submitted content, we reserve the right to remove any content from the Website and Social Media Platforms where we deem such content, in its sole and absolute discretion, to be an infringement of this Clause or harmful in anyway whatsoever. Should you place on or submit to the Website or Social Media Platforms any such harmful content or should you breach any clause in these T&Cs, we may immediately terminate and/or suspend your access to all or parts of the Website or Social Medial Platforms, without any further notice to you.
The following activities on or through the Website and Social Media Platforms are expressly prohibited:
Any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Website or Social Media Platforms or the content contained thereon, without the prior written authority of The Haute Archive's; and the collection or use of any listings, descriptions, and/or price lists from the Website or Social Media Platforms for the benefit of a competing merchant that supplies products comparable to those offered on the Website; and any use or action that imposes an unreasonable or disproportionately-large load of traffic on the Website or Social Media Platforms, or otherwise interferes with the proper and timely functioning of the Website of Social Media Platforms; any attempt to gain unauthorised access to the Website or its related systems or networks; accessing the Website for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purpose; and the reverse engineering or decompiling of the Website to (without limitation) (i) build a competitive product or service; (ii) build a product using similar ideas, features, functions or graphics of the Service; (iii) copy any ideas, features, functions or graphics of the Website. When you register on the Website, you will be required to provide certain access details, including a username and a password. You are responsible for maintaining the confidentiality and security of your User Name and Password for access to the Website and you accept full liability for all activities that occur on or involves the Website under your User Name.
You may not:
- Allow other people to use your User Name and Password; or
- Impersonate another User or any third party; or
- Provide false information to gain access to the Website.
You also warrant your identity (in other words, you are who you say who you are), and that you can prove your identity should we require you to do so.
Although reasonable steps have been taken to ensure the accuracy and completeness of the contents, data and information on this Website, there may be instances where such information proves inaccurate or incomplete. Before making any decision or taking any action which might affect you or your business, you should take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this Website, especially if certain information appears to be inaccurate, particularly product pricing and promotional content. Without limiting the generality of the aforegoing, this Website could include technical, typographical or other inaccuracies and you are urged to contact your own professional advisors to confirm all information contained on this Website prior to placing reliance thereon. Changes are periodically made to the information herein and these changes will be incorporated in new editions of this Website.
Use of our website confirms your understanding and acceptance of these Terms and Conditions, and you will be bound by these T&C’s during all transactions relating to the purchase of Products from our website.
10. Payment and Payment Options: Prices displayed on our website are subject to change without notice. Prices will include tax, where this is required by specific country legislation.
Orders placed may be declined or cancelled in the event of Products being out of stock, damaged Products, incorrect Product information, incorrectly displayed prices, and due to payment for Products not being received or payments not being authorized by The Haute Archive.
Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods. Payment is subject at all times to The Haute Archive's agreements with its bankers and the outsourced financial transactions service provider.
We have taken all reasonable security measures to ensure that payment and card details, as well as related confidential information, cannot be accessed by anyone who is not authorized to do so.
When placing your order, and proving the required personal details, including your payment card details you warrant that you are authorised to make payment with the payment card and that there are enough funds available to pay for your order.
Once your payment has been received you will be issued with acknowledgement of payment and the delivery process will then commence.
11. Delivery: We will notify you via email as to the process of your order, and you will also be able to track your order. You should always check that the items being collected or delivered are correct and are free from any exterior defects.
Should the exterior and/or protective packaging be damaged and you accept the order, without fully inspecting the package, you should email us and stipulate that the packaging was damaged and that items were not inspected by you.
Although reasonable care shall be taken, we cannot accept responsibility for incorrect delivery details that have been provided to us, or if an unauthorised person at your chosen delivery address accepts delivery of your order, as we do not verify the identity of the person at the delivery address who signs the delivery note.
For purposes of this clause “we, us, our” shall include any agent or independent contractors who may be responsible for delivery on behalf of us which shall also include the South African Postal Office and/or international postal offices or a service.
Once your order has been shipped, you will receive a confirmation email informing you that your order has been shipped. Thereafter, your shipping confirmation will be followed by a tracking number, so you can keep an eye on your Item/s till they reach you.
Delivery times vary due to the courier’s network, and/or the time it takes to be processed through your country's Customs. Please understand that due to strict customs laws, products may take some time to be processed and reach you.
Please allow 1-2 additional business days for our team to process your order.
There may be processing and delivery delays during peak times (e.g. Christmas, Boxing Day) and after major releases – please be patient. Delivery times are estimates - not guaranteed, and is also dependent on the courier service as well as your country's Customs and Clearance process. Once the order has been sent to the appropriate courier service, The Haute Archive has no control over the shipping process and times thereafter. The Haute Archive is not responsible for lost or stolen packages once it has left our studio, and is in the courier service's position.
Orders will be delivered as soon as possible. Your parcel will either be delivered to your door, safe dropped (i.e. left in a safe location), or you will receive information from the courier service on how to collect your goods.
Once your order has been shipped from our studio, all risk passes to you as per our Terms and Conditions. We are not responsible for any damages or loss incurred once it leaves our premises, and enters the care of the courier. Furthermore, we are not liable for any custom fees and/or taxes that may be imposed on your order by your country's Customs. So, please make sure you check your country's Customs and Clearance policies.
12. Packaging: All products dispatched from The Haute Archive's studios are packaged using protective packaging for safe arrival. If there is any damage to the package content, we may request that you provide us with a picture of the damaged products.
The Haute Archive is not responsible for any packages and/or orders that the receiving country’s Customs withholds and/or confiscated. The Haute Archive will not replace these items as you are conscious of the risk due to the nature of our products. The Haute Archive is not liable for any and all issues and/or fees that arise with regards to the receiving country’s Customs and Clearance.
13. Exchanges and Returns: Should you wish to return any Item/s purchased on our website, you may return it for web-store credit in compliance with our return policy.
We do not offer exchanges on products ordered from our store.
At The Haute Archive every product is scrutinized and inspected before we send it to you, therefore, we will not accept returns on orders due to defects. The Haute Archive's products go through meticulous quality control/assessment processes, therefore we are 100% certain that none of our products are flawed or have discrepancies.
You are liable for all the shipping costs for your returns, and/or any reissuing of your order. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable.
We are not responsible for any damage or loss of your purchased items in transit and our 100% satisfaction guarantee does not cover such damage or loss.
All returns will go through an assessment once they arrive at one of The Haute Archive's studios, and we may refuse any returns that don’t meet our compliance conditions.
14. Refunds: The Haute Archive does not offer refunds on returns. The Haute Archive credits a customer with a voucher to use on our website. We do not often refunds on any orders.
15. Courier Services: We will send you our return address on request. Your Item/s must be returned with the same courier service it was received from, ie, DHL, FEDEX, UPS, etc.
16. Disputes: Any decision pertaining to a dispute is final and is at the sole discretion of The Haute Archive.
17. Cancellation: Should you want cancel orders after we have sent out the order confirmation notification, you will have to follow our returns policy.
18. Risk and Ownership: Once your order has left our studio, the risk in and to the Item/s ordered will pass to you, the purchaser. We are not liable for any customs issues and fees that may arise during the delivery process.
19. Warranty: The Products supplied by us shall be suitable only for the purpose designed and intended and you shall ensure the products are handled, stored, installed, used, worn or otherwise dealt with in a normal and reasonable manner, and where applicable, in a manner consistent with the instructions given when the products were purchased.
We shall not be liable for any action or claims for injury or damages of whatever nature arising from or in connection with the use of the products in breach of these T&Cs.
20. Sale Items
All items on sale are FINAL SALE and are non-returnable.
Limitation of liability
Whilst every attempt is taken by The Haute Archive to ensure your security when making use of the Website, due to the nature of the Internet we are unable to guarantee that any products and services or any websites accessible via the Website will be uninterrupted or virus or error-free. We, therefore, caution you to check all emails, attachments and files before downloading them.
While we make all reasonable efforts to ensure that all information provided by us in connection with the Website is accurate at the time of its inclusion on the Website, you acknowledge and understand that there may be errors, including incorrect prices, inaccuracies or omissions in respect of which we exclude all liability. We make no representations, guarantees or warranties of any nature whatsoever concerning the information included on our Website and web pages (including, but not limited to, links to third parties' web pages). You shall be solely responsible for any decisions or actions you take based on the information contained on such web pages. While we take all reasonable steps to safeguard the security of any information you input or send to us in connection with the The Haute Archive's Website, by using secure services and encryption technology where we deem appropriate, we accept no responsibility or liability whatsoever, as far as the law allows, for any damages that you may suffer as a result of the breach of the confidentiality of such information.
Transparency
You hereby agree, to as far as the law allows, to indemnify The Haute Archive against any loss, claim or damage suffered, or liability sustained by your or any third party acting for you, due to your or their use of our website and/or any thirty party websites linked to our website.
We shall not be liable to you in contract, delict (including for negligence) or otherwise: for any amount in respect of any damage or loss arising from the consequences of your use of the Website, viruses received by you via the Website or of our failure to provide the Website in accordance with this Agreement; or for any economic losses or damages, any indirect, special or consequential loss (including (without limitation) loss of data, goodwill or reputation or any wasted expenditure) including but not limited to losses arising from your use of the Website or through any viruses; or for any failure to perform our obligations or failure to perform our obligations properly as a result of our being prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; the failure of third party suppliers to comply with their obligations to us; fire; flood or storm).
Each provision of this clause operates separately. If any part is held by a court to become unenforceable due to voidness, invalidity, illegality or unlawfulness, then the other parts shall be severable and shall still apply in their entirety.
If you have any questions about these terms and conditions, please contact us at info@thehautearchive.com.
By using The Haute Archive website, you signify your acceptance of these terms and conditions. If you do not agree to these terms, please do not use our website.
Thank you for using The Haute Archive.
