This Site is operated by Hydenation (Pty) Ltd., a company organized and existing under South African laws, with registered office at 35 Frere Street, Woodstock, Cape Town, South Africa, registration No. 202142472607, ARTMARKET.AFRICA accepts payment by credit card or debit card.

All prices of products are listed on the Site in ZAR South African Rands, USD United States Dollars, EUR Euros and GBP British Pounds Sterling.

The purchase price of all products is billed in South African Rands.

Payments are to be made in South African Rands.

All online payments are processed by the PayFast Payment Gateway.

Consumers may go to www.payfast.co.za to view PayFast’s security and privacy policies.

Online payments through PayFast are processed in South African Rands. The Buyer is responsible for the calculation of currency exchange rates.

Products will only be dispatched once payment has been received by Hydenation. Payfast will take your payment and approved carriers will deliver your orders. For full details of our returns and refunds policy, please see the Order Cancellation/Right of Withdrawal/Returning Orders. 

Except for your Submitted Materials (IF ANY), we and/or our licensors own, solely and exclusively, all rights, title and interest (including, without limitation, copyright) in and to the Sites, all the content (including, but not limited to, all audio, photographs, images, illustrations, renderings, drawings, Webcasts, RSS feeds, podcasts, other services, graphics, logos, games, widgets, gadgets, applets, other distributable applications, other visuals, video, copy and software), code, data and other materials thereon (collectively, the “Site Content”), the look and feel, design and organisation of the Sites, and the compilation and organisation of the Site Content, including but not limited to any copy right, author’s rights, trade mark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership or title of, in or to any Site Content or any other part of the Site, nor does it grant you any license to use or display the same except as expressly permitted herein.

Subject to these Terms, we grant to you a non-exclusive, non-transferable, not-sublicensable, limited license to access, view, use and display the Sites and Site Content on your computer or other devices, provided that you comply fully with these Terms. The Sites and Site Content are for your personal, educational and non-commercial use only. No part of the Sites or Site Content (or any of our products advertised or sold on the Site) may be copied, reproduced, republished, exploited, downloaded, uploaded, posted, transmitted, modified, derived, converted, reverse-engineered, exploited, distributed or used in any manner whatsoever, without our prior written consent or that of the applicable rights owner, except for limited personal, non-commercial or educational purposes and any other limits as permitted by the applicable law.

4.1.All the content on the www.hydenation.com Site including trademarks both registered and unregistered, logos, copyright, corporate images, works, images, photos, dialogues, music, sound, video, documents, designs, figures, logos, menus, web pages, graphics, colours, patterns, tools, printed characters, drawings, diagrams, layouts, methods, processes, features and software (collectively, the “Content”), are the property of and/or exclusively available to Hydenation and its content suppliers, and are protected by South African copyright and other intellectual property laws.

4.2.The consumer shall not reproduce, publish, distribute, view, modify, create works from or benefit in any way, in whole or in part, from the Content, without the prior written consent of Hydenation or its content suppliers, depending on the case, unless, however, with this document Hydenation provides authorisation for you to view, download and print the pages of the Site in hard copy, solely for personal and not commercial use.

4.3.Hydenation has the right to claim the ownership of any Content published on the Site, at any time, and to oppose any use, distortion or modification of any such Content for whatsoever purpose.

RULES OF CONDUCT

While accessing or using the Sites, the Site Content and the various other features available on the Site, you shall not:

• violate any law, rule or regulation;
• violate the security of the Sites, or obtain or attempt to gain unauthorized access to the Sites, Site Content, computer systems or networks connected to any server associated with the Sites or the Site Content. By breaching this provision, you may be committing a criminal offence. In such a case, we will report any such conduct to relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them;
• impersonate any person or entity whether actual or fictitious, including anyone from the Sites or the Company, or misrepresent your affiliation with any other person or entity;
• stalk, harass or harm another individual;
• insert your own or a third party’s advertising, branding or other promotional content (including, without limitation, hyperlinks) into any of the Site Content or services on any Site, or into any of your Submitted Materials that you may submit to any other areas of the Sites;
• use, upload, post, publish, transmit, distribute, reproduce, or in any way exploit any part of the Sites or any Site Content for any commercial or promotional purposes (other than as expressly permitted in a signed writing by the provider of such information or other materials), or contact any other user of the Sites for commercial or promotional purposes, or offer to buy or sell any product or service through your activities on the Sites;
• alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Site Content, including, without limitation, any trade marks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices included therein or thereon;
• engage in spidering, “screen scraping,” “database scraping,” harvesting of email addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Sites, or obtaining lists of users or other information through the Sites, including, without limitation, any information residing on any server or database connected to the Sites;
• use the Site or its features in any manner that could interrupt, damage, disable, overburden or impair the Site or such features, or interfere with any other party’s use and enjoyment of the Sites, including, without limitation, sending a mass unsolicited message or unauthorized advertising or commercial communications, or “flooding” servers with requests;
• circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) with the Sites or its services or any software on the Sites beyond the extent permitted by law;
• frame or otherwise portray any third-party sites or content in any manner that would constitute or could be interpreted as an endorsement or sponsorship by us of any third-party site, content, information or other materials, or in any manner that would violate the terms and conditions of any such third-party sites;
• upload, post, transmit, distribute or otherwise publish to, on or through the Sites, any information, content or materials which are false (including statements or materials that constitute or contain false or misleading indications of origin, endorsements, or statements of fact), fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which constitutes, or encourages conduct that would constitute, a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
• use the Sites or the Site Content to or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, author’s right, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
• upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; or
• use the Sites or its services (or any Site Content), in whole or in part, for any purpose that is prohibited by any applicable law or regulation, or to facilitate the violation of any applicable law or regulation.

You may order products from a Site only if you are 18 years old or older.  After placing an order, having carefully read, understood and accepted the present Terms, Hydenation’s Privacy Policy as well as the terms of sale and privacy policy of Payfast, you will receive an e-mail from Hydenation acknowledging that we have received your order and containing an order reference number and details of the product(s) you have ordered (“Order Reference”). The Order Reference is acknowledgment that we have received your order and does not mean your order has been accepted by us. Hydenation will take your payment and carriers approved by Hydenation will deliver your orders. In the event that Hydenation, or otherwise makes a change to your order for a valid reason, we will contact you using the email and/or billing address/phone number provided at the time the order was made.  Additionally, we may limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors or any other unauthorized party. Your bank or credit card will not be charged if your order is rejected and the amount you are charged will be proportionally reduced if Hydenation limits the quantities in your order.

9.1Confirmation.

Hydenation will only accept your offer when we send you an e-mail confirming that the product has been dispatched (“Shipping Confirmation”).  Therefore, the contract between you and Hydenation will only be formed when the Shipping Confirmation is sent to you via email. The contract will relate only to those products whose dispatch has been confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipping Confirmation.

9.2 Price & Payment

Payment is taken and processed by and through our international sales facilitation and fulfilment partner, Payfast. You agree to pay in full the prices for your purchases in accordance with the Payment Information Policy. The types of payment accepted by payfast for orders placed through the Sites, as well as any additional details with respect to certain payment types, are set out in the Sites’ Payment Information Policy.

The price of the Products will be as quoted on the Sites from time to time and include VAT (where applicable) at the rate in the delivery destination on the day on which you place your order on the Site. Hydenation reserves the right to update such rates regularly at its sole discretion, and you acknowledge that such updates may affect product pricing on the Sites. The price quoted on the Sites for products excludes shipping charges which are quoted separately on the Sites and notified to you before your order is confirmed. However, the final price of the transaction, including all the costs, will be communicated to you in your order summary before placing your order.

If paying in a different currency to your bank account, your bank may charge for currency conversion. Pricing may differ by country or shipping destination.

If you place an order on the Site, then you acknowledge and agree that: (i) Hydenation or one of their third party payment processors will charge you through the payment method you have selected for your order and such other amounts that may accrue in connection with the order; (ii) that you will provide valid and current information for (a) yourself and (b) if applicable, another person, but only if you have first obtained their express consent to do so; (iii) that Hydenation may use tools, software or services of payment processors to process transactions on their behalf; (iv) you may be charged additional fees (such as foreign transaction fee or cross border fee) or surcharges imposed by your bank or credit/debit card issuer. These additional fees or surcharges are not our or payfast’s charges or fees and neither we nor Payfast have control over this or any way to mitigate this, as this is purely up to the relationship and commercial terms between you and your bank or credit/debit card issuer. Neither we nor Payfast have any way of knowing in advance whether you will be charged such fees or surcharges, as each bank and credit/debit card issuer has its own policy, and our and payfast’s commitment is to acquire the amount set at checkout in your local currency; and (v) if your payment is not received by payfast for any reason from your card issuer, you agree to promptly pay all amounts due upon request and using the method that payfast reasonably prescribes.

Hydenation may contract with a local licensed customs broker at your destination, in which case, by placing an order through the Site, you authorize the applicable customs broker to act as your agent to: (a) conduct transactions with the local customs authority, (b) execute related documents on your behalf in connection with the import of goods in your order, (c) facilitate your payment of applicable taxes; and (d) if applicable, return such products to Company (subject to these Terms) and (if applicable) handle the associated reimbursement claim for taxes paid. You acknowledge that, in the case of a return of products under these Terms, Hydenation may, if in accordance with these Terms, reimburse and refund you for the cost of the merchandise, but not the import charges, which may or may not be reimbursable by the relevant authority. If Hydenation is able to obtain on your behalf reimbursement of taxes paid on orders, any such reimbursement will be paid by the applicable tax authority to the customs broker, and then Hydenation will reimburse such amounts directly to you if and to the extent, and only after, Hydenation receives such amounts from the customs broker.

You may have to pay import duties and taxes, which are levied once a shipment reaches your destination. You must meet any additional charges for customs clearance. Please note, customs policies vary widely from destination to destination. We recommend you contact your local customs office for further information.

9.3 Product availability.

Product availability on the Site is not guaranteed as products may be low in stock or out of stock when you place an order. If a product is not available, your order may be rejected. In such a case, we will communicate it to you using the email and/or billing address/phone number provided at the time the order was made. Prices displayed on the Site maybe quoted in the local currency of your shipping destination and are valid and effective only in this destination.