Terms of Use for David's Arts and Crafts

1. Acceptance of Terms

By creating an account, making a purchase, or otherwise using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy.

2. Eligibility

You must be at least 18 years of age to use our Website and make purchases. We do not knowingly collect personal data from children. By using our Website, you represent and warrant that you are at least 18 years old.

3. Website Content and Intellectual Property

All content on this Website, including but not limited to product descriptions, images of products, logos, text, graphics, and website design elements (including AI-generated backgrounds), are the property of David's Arts and Crafts Pty Ltd or its content suppliers and are protected by applicable intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as generally permitted by the Website's functionality. Users are not permitted to upload or contribute their own content to the site.

4. User Conduct

You agree to use the Website only for lawful purposes and in accordance with these Terms. You are prohibited from engaging in:

• **Spamming:** Sending unsolicited promotional content or messages.
• **Illegal Content:** Posting, transmitting, or linking to any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• **Harassment:** Engaging in any form of harassment, including but not limited to verbal, physical, or emotional abuse towards other users or our staff.
• **Fraudulent Activity:** Providing false information, engaging in deceptive practices, or attempting to defraud us or other users.
• **Payment Reversals:** Initiating unjustified payment reversals or chargebacks.
• Any other behavior deemed inappropriate or not "politically correct" on our site, as determined by David's Arts and Crafts Pty Ltd in its sole discretion.

Violation of these conduct rules may result in immediate termination of your account and access to the Website, and may also subject you to legal action.

5. Product Information and Orders

We strive to ensure that all product descriptions, images, and pricing are accurate. However, we do not warrant that product descriptions or other content of this Website is accurate, complete, reliable, current, or error-free. If a product offered by David's Arts and Crafts Pty Ltd is not as described, your sole remedy is to return it in unused condition, subject to our return policy.

All orders placed through the Website are subject to our acceptance. We reserve the right to refuse or cancel any order for any reason, including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.

6. Disclaimers and Limitation of Liability

The Website and all products and services delivered to you through the Website are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We aim for accuracy in product descriptions and reliable delivery. However, we cannot guarantee that all information is error-free or that products will always arrive without issue. We reserve the right to investigate any claims of non-delivery, damaged products, or payment reversals. **Users making fraudulent claims or initiating unjustified payment reversals may be subject to account termination and/or legal action.** We value honesty and expect all users to conduct business with integrity. We are not liable for any losses arising from fraudulent claims or misuse of our services. We also do not guarantee uninterrupted availability of the service.

In no case shall David's Arts and Crafts Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

7. Indemnification

You agree to indemnify, defend, and hold harmless David's Arts and Crafts Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

8. Governing Law

These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of **South Africa**.

9. Dispute Resolution

As a small company, we aim to resolve any disputes with users amicably and efficiently, avoiding formal legal processes like court litigation where possible. We encourage users to first contact us directly at davidzmb@yahoo.com to seek a resolution.

If a direct resolution is not possible, we may consider informal mediation with a neutral third party. The goal is to find a mutually agreeable solution without resorting to costly and time-consuming legal action.

10. Severability

In the event that any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

11. Changes to Terms of Use

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Use by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

12. Contact Information

Questions about the Terms of Use should be sent to us at davidzmb@yahoo.com.