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San Marco Tile

Imported and locally-manufactured
Tiles, Mirrors, Taps, Sanitary Ware 
istelli, inserti, tumbled stone mosaics, glass mosaics

 

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SAN MARCO TILE STUDIO TERMS & CONDITIONS

 

Parties

Parties in this Agreement, except where otherwise indicated:
"The Customer" means, jointly and severally, the signatory hereto and any person on whose behalf the signatory signs this agreement;
"San Marco Tile | Studio" means A & F Pignanelli Investments cc and its representatives or associate companies, from time to time.

When The Customer makes a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. The Customer must not make any purchase unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website.

 

Terms & Conditions

Quotations are valid for 14 days’ available ex-stock, subject to the availability of goods or services and subject to correction of good faith errors by San Marco Tile | Studio and/or its representatives.

San Marco Tile | Studio and its representatives are not liable for shortfalls in respect of measurements or site assessments.

Prices quoted are subject to increases in cost price, including currency fluctuations, before acceptance of the quotation by the Customer.

San Marco Tile | Studio shall upon receipt and validation of 50% refundable deposit secure goods and service for a period of 21 days.

Special order goods and services shall upon receipt and validation of 50% non-refundable deposit be secured by San Marco Tile | Studio.

The Customer hereby confirms that the goods and/or services on the Tax Invoice issued duly represent the goods and/or services ordered by the Customer at prices agreed to by the Customer and, where delivery/performance has already occurred, the goods and/or services were inspected and the Customer is satisfied that these conform to the quality and quantity ordered and are free from defects, no claims will be considered after goods have been affixed.

The Customer is not entitled to sell or dispose of any goods unpaid for. The Customer shall not allow the goods to become encumbered in any manner prior to the full payment thereof and shall advise third parties of the rights of San Marco Tile | Studio in the goods.

The Customer hereby consents to the storage and use of personal information that it has provided to San Marco Tile | Studio for establishing its credit rating and to San Marco Tile | Studio disclosing such information to credit control companies, banks and other institutions involved in rating credit. The Customer agrees that San Marco Tile | Studio will not be held liable for the good faith disclosure of any of this information to such a third party and that no further specific consent need to be obtained for the transfer of such information to a specific third party.


An event of default shall occur if:-

the Customer fails to make any payment in terms of this agreement on a due date and persists in such failure for a period of 3 days after the date of written notice by San Marco Tile | Studio to the Customer requiring the

Customer to effect such payment;

the Customer commits an act which is an act of insolvency within the meaning of Section 8 of the Insolvency Act and fails to remedy the default within 5 days of receipt by the Customer of notice from San Marco Tile | Studio requiring such default to be remedied;

Any of the assets of the Customer are attached under Writ of Execution which Writ is not satisfied within 5 days after the issue thereof;

The Customer ceases to carry on business; or

The Customer compromises or attempts to compromise with any creditor or body of creditors; or
The Customer is provisionally or finally wound-up other than the voluntary liquidation implemented for the purpose of reconstruction or amalgamation; or
The Customer is placed under judicial management, whether provisionally or finally; or
The Customer breaches any of the terms of this agreement (save for a breach contemplated in Clause 7.1 above) and fails to remedy such breach within a period of 7 days from the date of written notice by San Marco Tile | Studio to the Customer requiring that such breach is remedied.
Upon the occurrence of any event of default, San Marco Tile | Studio shall, without prejudice to any other rights which it may have in law, be entitled to summarily cancel the transaction and declare the outstanding amount of the Customer's indebtedness to be immediately due and payable.

Any order may also be cancelled by San Marco Tile | Studio, without any right to claim damages or any other relief on the part of the Customer due to Acts of God from any cause beyond the control of San Marco Tile | Studio , including but not limited to inability to secure labour, power, materials or supplies, or by reason of an act of God, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation.

The invalidity of any part of this Agreement shall not affect the validity of any other part.

The Customer shall be liable to San Marco Tile | Studio for all legal expenses incurred by San Marco Tile | Studio on the attorney-and-own-client scale in respect of any action which may be instituted consequent upon any breach by the Customer of this Agreement.

San Marco Tile | Studio shall have the right to institute legal action in the Magistrate's Court or the High Court at its sole discretion, and the Customer consents to that jurisdiction.

The Customer accepts that colour shade, as well as size variations, may occur amongst individual and batches of tiles.

The Customer agrees to pay all costs resulting from any acts or omissions of the Customer including suspension of work, modification of requirements, failure or delay in giving particulars necessary to enable work to proceed on schedule or requirements that work be completed earlier than agreed.

The Customer agrees that neither San Marco Tile | Studio nor any of its representatives or agents will be liable for any innocent or negligent misrepresentations made to the Customer.

It is the responsibility of the Customer to determine that the goods or services ordered are suitable for the purposes of intended use.

30 days written notice by prepaid registered post to rectify any defect or breach.
All claims shall be supported by the original Tax Invoice.

San Marco Tile | Studio shall not be liable for any consequential damages or for any edictal liability of any nature whatsoever, nor for any damage arising from any misuse or abuse of the goods or services.

The price on the Tax Invoice issued by San Marco Tile | Studio shall:

Be paid in cash on issue of the invoice; or
If the Customer is a Credit Approved Customer, be paid within 30 days of the end of the month in which it was first issued.

The Customer agrees to pay the amount on the Tax Invoice at the offices of San Marco Tile | Studio or at such other place San Marco Tile | Studio may designate in writing.

Any amounts not paid when due will bear interest at the prime rate of interest charged by San Marco Tile | Studio's bankers plus 5%.

Discounts are automatically forfeited if payment in full is not made on the due date.

The Customer has no right to set-off or withholds payment for any reason whatsoever. No extension of payment of any nature shall be extended to the Customer unless agreed to in writing by San Marco Tile | Studio beforehand.

A certificate under the hand of any executive director or manager of San Marco Tile | Studio, whose appointment it shall not be necessary to prove, as to the indebtedness of the Customer in terms hereof, shall, in the absence of manifest error, be prima facie evidence of the Customer's indebtedness to San Marco Tile | Studio.

The Customer agrees to the Standard Rates of San Marco Tile | Studio applicable from time to time for any goods or services rendered, which rates may be obtained on request.

 

Guarantees

New goods are guaranteed by the Manufacturer's product-specific warranties only.Services carry no guarantee.
San Marco Tile | Studio's liability in respect of the manufacture's product-specific warranty shall be limited to the cost of repair or replacement of faulty goods or services or granting of a credit at the sole discretion of San Marco Tile | Studio.


Product availability

Lead time is dependent on stock availability. Should we have stock available, orders will be dispatched once payment is validated/received.
Every effort is made to effect shipment of your order timeously, however, unforeseen circumstances may cause delays. Should we be faced with such an occurrence San Marco Tile | Studio will contact you via email and provide a revised shipping schedule.

 

Delivery, Collection & Storage Policy

The customer indemnifies San Marco Tile | Studio, its staff or its representative from any claims whatsoever in the event that deliveries are carried out above ground level.
Any delivery note or waybill (copy or original) signed by the Customer or a third party engaged in transporting the goods and held by San Marco Tile | Studio shall be prima facie proof that the goods were delivered to the Customer.
Delivery times quoted are merely estimates and are not binding on San Marco Tile | Studio.
The Customer agrees to notify San Marco Tile | Studio in writing of no delivery within 24 hours of receipt of goods and note all non-delivery on the invoice or delivery note.

 

Shipping/Collection

Online purchases within 60 Kilometre radius of Anderbolt, Boksburg, Gauteng, South Africa Door to Door. Orders outside 60-kilometre radius can be collect from our distribution centre.
Please ensure the correct shipping address is provided from the outset as title and risk will pass to you once the order has left our premises.
Collection from our showrooms or distribution centre located in Gauteng, South.
Undeliverable packages
Occasionally packages are returned to us undeliverable. Should this event take place every attempt will be made to contact you to make arrangements for re-shipment.
Order processing
Order processing will not begin until we receive a confirmed order and full payment.

San Marco Tile | Studio may appoint a third party to transport the goods on the Customer's behalf on terms deemed fit by San Marco Tile | Studio and the Customer hereby indemnifies San Marco Tile | Studio from any claims of whatsoever nature which may be brought against San Marco Tile | Studio as a result of the foregoing. The premise of delivery shall be deemed to be at ground floor level at the Customer specified address. No deliveries will be carried out to any level above ground floor level at the address specified by a Customer, by San Marco Tile | Studio or by its staff or its representatives.

San Marco Tile | Studio will store Customers goods after receipt of full payment for a period of 21 days at the premises of San Marco Tile | Studio, in which event the Customer shall bear the risk of shade variances, damage to, destruction or theft of the goods stored.

 

Refunds/Returns Policy

San Marco Tile | Studio will consider all credits if accompanied by an original invoice within 21 (twenty-one) days from the date of purchase. A 10% handling fee will be charged for goods returned or exchanged, provided return goods are available ex stock and in original packaging. Refunds are subject to approval and will be refunded by EFT only. Special order goods and deposits are non-refundable and non-returnable.
Goods remain the property of San Marco Tile | Studio until the invoice is paid in full for whether such goods are attached to other property or not.


Should you for any reason wish to cancel your purchase you will be liable for a 10% handling fee. You must advise us in writing of your cancellation and any such cancellation must be signed by the person who made the original purchase. The goods must be returned to us undamaged in the original packaging within 14 calendar days.
1. Shipment tracking.
2. Insure your package for safe return and declare the full value of the shipment failing which loss or damage will be for your account.
The Customer shall return any defective goods to the premises of San Marco Tile | Studio at the Customer's own cost and packed in the original packaging, provided that San Marco Tile | Studio shall in that event be entitled to charge the Customer a handling fee of 10% of the total invoice amount.
No goods will be accepted for return after a period of 21 days has passed from the date of purchase, surplus goods returned prior to this period may at management’s discretion attract a handling fee.


Payment Options and Pricing

All transactions will be processed in South African Rands (ZAR).
San Marco Tile | Studio endeavours to offer you competitive prices on current products; you’re total order price will include the price of the purchase plus any applicable
sales tax and shipping charges (on the day of shipping).
San Marco Tile | Studio reserves the right to change pricing at any time without prior notice.

 

Credit Card

We accept MasterCard and Visa credit cards. If you do not have a credit card please utilise one of the other payment options, or simply log off and return to the site at a later time to complete your order. All of your order details will be saved online under in the Your Account section available for use whenever you’re ready! Sorry for the inconvenience.

 

EFT (Electronic Fund Transfer)

One of the most widely used ways of sending money online. Once you have added enough items to your shopping cart, proceed to “Checkout” and follow the order processing instructions. Select the option to pay via EFT. You will then have to load San Marco Tile | Studio as a beneficiary on your internet banking and use the unique order number in the reference line for your payment. This should ensure speedy processing and delivery of your selected products.
Banking Details
Bank: ABSA
Branch No.: 632 005
Account Name: A & F Pignanelli Investments cc t/a San Marco Tile | Studio
Account No.: 40 8466 5490
Account Type: Current

 

Direct Deposit

You may pay for your products through a direct deposit. It’s exactly the same as doing an EFT payment, except you’ll have to go into your bank and physically make your direct deposit there. Please email your deposit slip to us at info@sanmarcotile.co.za to ensure your payment is confirmed and order shipped as quickly as possible.
Banking Details
Bank: ABSA
Branch No.: 632 005
Account Name: A & F Pignanelli Investments cc t/a San Marco Tile | Studio
Account No.: 40 8466 5490
Account Type: Current
For more information about how to order, special order requirements and other payment options, please contact our Support Team email info@sanmarcotile.co.za.



Security Policy

Sage Pay process all credit card transactions. Sage Pay is 3D secure and a PCI compliant operator for credit card processing.
Sage Pay is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Sage Pay Services Internet servers are protected by firewalls and intrusion detection systems.
The Merchant does not have access to credit details.
Sage Pay Services continually reviews and enhances its security in line with technological changes.

 

Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

Use of Site

You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided on this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited. Unauthorised use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.


Unless otherwise stated, San Marco Tile | Studio and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

republish material from this website (including republication on another website); sell, rent or sub-license material from the website; show any material from the website in public; reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; edit or otherwise modify any material on the website; or
redistribute material from this website except for content specifically and expressly made available for redistribution.

 

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without San Marco Tile | Studio’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without San Marco Tile | Studio’s express written consent.

 

Restricted access

San Marco Tile | Studio reserves the right to restrict access to areas of this website, or indeed this entire website, at San Marco Tile | Studio’s discretion.

If San Marco Tile | Studio provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

San Marco Tile | Studio may disable your user ID and password at San Marco Tile | Studio’s sole discretion without notice or explanation.

Disclaimer of Warranty

The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called “Providers”, assume no responsibility for errors or omissions in these contents.
The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.
The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

 

Privacy Policy

San Marco Tile | Studio are committed to protecting your privacy. This privacy policy applies to all the web pages related to this website.
All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other than that which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.
The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Website from which you linked directly to our site. This information is used to help improve the Site, analyse trends, and administer the Site.
We may need to change this policy from time to time in order to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an E-mail.
By using this website, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our site. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes.

 

Limitations of liability

San Marco Tile | Studio will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if San Marco Tile | Studio Ltd has been expressly advised of the potential loss.

 

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; nothing in this website disclaimer will exclude or limit San Marco Tile | Studio’s liability in respect of any:

death or personal injury caused by San Marco Tile | Studio’s negligence; fraud or fraudulent misrepresentation on the part of San Marco Tile | Studio; or the matter which it would be illegal or unlawful for San Marco Tile | Studio to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Our Rights
San Marco Tile | Studio reserve the right to:
1. modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
2. change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
3. We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.

 

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to San Marco Tile | Studio, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to San Marco Tile | Studio Ltd the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or San Marco Tile | Studio or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.

San Marco Tile | Studio reserves the right to edit or remove any material submitted to this website, or stored on San Marco Tile | Studio’s servers, or hosted or published upon this website.

Notwithstanding San Marco Tile | Studio’s rights under these terms and conditions in relation to user content, Sales San Marco Tile | Studio does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

 

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customise the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

 

 Third Party Links

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentation or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

 

Security Policy

Sage Pay process all credit card transactions. Sage Pay is 3D secure and a PCI compliant operator for credit card processing.
Sage Pay is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Sage Pay Services Internet servers are protected by firewalls and intrusion detection systems.
The Merchant does not have access to credit details.
Sage Pay Services continually reviews and enhances its security in line with technological changes.

 Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

 

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Marco Tile | Studio makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Marco Tile | Studio does not warrant that:

this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes or is meant to constitute, the advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]


Law

The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
Updating of these Terms and Conditions
We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

 

Variation

Marco Tile | Studio may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

 

Assignment

San Marco Tile | Studio may transfer sub-contract or otherwise deal with San Marco Tile | Studio’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

 

Other parties

You accept that as a limited liability entity, San Marco Tile | Studio has an interest in limiting the personal liability of its representatives and associated companies. You agree that you will not bring any claim personally against San Marco Tile | Studio’s representatives or associated companies in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect San Marco Tile | Studio’s representatives, associated companies, agents, subsidiaries, successors, assigns and sub-contractors as well as San Marco Tile | Studio.

 

Unenforceable provisions

If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity

You hereby indemnify San Marco Tile | Studio and undertake to keep San Marco Tile | Studio indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by San Marco Tile | Studio to a third party in settlement of a claim or dispute on the advice of San Marco Tile | Studio’s legal advisers) incurred or suffered by San Marco Tile | Studio arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

 

Breaches of these terms and conditions

Without prejudice to San Marco Tile | Studio’s other rights under these terms and conditions, if you breach these terms and conditions in any way, San Marco Tile | Studio may take such action as San Marco Tile | Studio deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Variation

San Marco Tile | Studio may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

 

Assignment

San Marco Tile | Studio may transfer sub-contract or otherwise deal with San Marco Tile | Studio’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Consent

I understand that all the designs and trademarks are registered to San Marco Tile | Studio and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by San Marco Tile | Studio for any civil action or any legal action deemed necessary against me.

 

Entire agreement

These terms and conditions constitute the entire agreement between you and San Marco Tile | Studio in relation to your use of this website and supersede all previous agreements and neither party shall be bound by any undertakings, representations, warranties, promises or the like not recorded or otherwise contained herein.
No variation or consensual cancellation of this agreement shall be of any force or effect unless reduced to writing.

San Marco Tile | Studio shall not be regarded as having waived, or be precluded in any way from exercising any right under or arising from this Agreement by reason of it's having at any time granted any extension of time for, or having shown any indulgence to the Customer with reference to, any payment or performance hereunder, or having failed to enforce, or delayed in the enforcement of any right of action against the Customer.
The parties choose as their domicilia citandi et executandi the addresses mentioned on the face hereof, but such domicilium of any party may be changed by written notice from such party to the other parties with effect from the date of receipt or deemed receipt by the latter of such notice.
Any notice, demand or other communication properly addressed by a party to any other at the latter's domicilium in terms hereof for the time being and sent by prepaid registered post shall be deemed to be received by the latter on the tenth business day following the date of posting thereof. This provision shall not be construed as precluding the utilisation of other means and methods (including telefacsimile) for the transmission or delivery of notices, demands and other communications, but no presumption of delivery shall arise if any such other means or method is used.


Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with South African law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of South Africa.
The Customer agrees that San Marco Tile | Studio will not be required to furnish security in terms of Rule 62 of the Rules of Court of the Magistrate's Courts or in terms of Rule 47 of the Law of the Supreme Court 59 of 1959.
The Customer agrees that no indulgence whatsoever by San Marco Tile | Studio will affect the terms of this Agreement or any of the rights of San Marco Tile | Studio and such indulgence shall not constitute a waiver by San Marco Tile | Studio in respect of any of its rights herein.


Registrations and authorisations

A & F Pignanelli t/a San Marco Tile | Studio is registered with CIPRO. You can find the online version of the register at www.cipro.co.za. San Marco Tile | Studio’s registration number is 2003/000518/23


San Marco Tile | Studio Details

You can contact San Marco Tile | Studio by email at info@sanmarcotile.co.za