‘ATSA’, refers to The Arts Trust of South Africa t/a Hilton Arts Festival

‘Artify’, refers to the online sales platform provided by ATSA through www.hiltonfestival.co.za

‘Platform’, refers to the functionality that ‘ATSA’ provides (through www.hiltonfestival.co.za) to facilitate an environment allowing:

1. Artists as Vendors to set up their own online shops.
2. Buyers to browse the various profiles and purchase products.

‘Vendors’, refers to any individual or organisation that registers with the aim to sell products on the platform.

‘Buyers’, refers to anybody registering on the platform for the reason of buying products online from any of the Vendor online stores.

‘Partners’, refer to any vendor, financial organisation facilitating payments and delivery/courier company working with ATSA to facilitate the sale of products.

‘Online store’, refers to any store created by a Vendor and published on the ATSA platform.

‘Personal information’, refers to detail as defined by the Promotion of Access to Information Act 2 of 2000.

PRODUCTS

ATSA facilitates the procurement of products directly from the various Registered Vendors.  ATSA provides the platform to facilitate these transactions between Vendors and Buyers.  ATSA is not the buyer or the seller of any of the products advertised or made available on the ATSA platform.  ATSA cannot be held responsible for any mistakes with regards to product specification or pricing as advertised by the various Vendors.

Buyers must note that they are buying based on a digital representation of the product and variants such as original colour may differ from the original product.

ATSA does not accept responsibility for the quality of the product but will endeavour to facilitate reasonable dialogue between Vendors and Buyers should a dispute arises.

MARKET

ATSA facilitates business, payment and delivery of goods in the Republic of South Africa. Buyers and Vendors should reside in South Africa and delivery will only be made to South African addresses.

ATSA may at any time and in its sole discretion change, amend or suspend the www.hiltonfestival.co.za website or any of the functionality on the site.

PRICING, PAYMENT and VAT (Value Added Tax)

The artist selling price as uploaded by the vendor should be inclusive of VAT, if applicable. I.e. if you, the artist are registered VAT vendor. ATSA will add platform commission + VAT (Commission and Shipping subject to VAT) which will be added on top of the artist selling price that the vendor enters when uploading a product onto the platform.

Artify accepts payments via credit card (VISA or Mastercard). Online Credit Card transactions are facilitated through PayGenius. PayGenius provides a secure and encrypted facility to facilitate payment.

No credit card detail is stored on the Artify website.

DELIVERY

Delivery options and costs will be clearly stated at the time of checkout.  ATSA will facilitate delivery of the package via a 3^rd party supplier as soon as possible.  The buyer may be contacted to confirm date and delivery of the order.

ATSA and its partners cannot accept responsibility for any delivery problems resulting from incorrect address detail or telephone numbers (as captured by the vendor or buyer).

Returns and product queries may be directed at ATSA via the website contact facility, the case will be directed to the relevant vendor who will be responsible for resolution and facilitation. The Vendor will also take full responsibility for providing and facilitating the return of the product. 

DISPUTES AND REFUNDS

Refunds and disputes may be directed at ATSA via the website contact facility, the case will be directed to the relevant vendor who will be responsible for resolution and facilitation. The Vendor will also take full responsibility for providing and facilitating the return of the product. 

VENDOR SPECIFIC TERMS AND CONDITIONS

By creating a Vendor profile and a subsequent Online store, the Vendor agrees to the terms and conditions of the ATSA platform as stipulated on the platform.

ATSA agrees to provide the Vendor an environment and platform that will allow the Vendor to create its own e-commerce profile.  ATSA provides access to a payment facility to facilitate the financial transaction and to a delivery facility.

ATSA provides this to the Vendor free of charge.

Registered Vendors agree to pay a 25% sales commission to ATSA on the artist selling price on the Vendor’s profile. (Please note that this commission includes all bank and website charges). This sales commission will be applied on the artist selling price of the product inclusive of VAT (Commission and Shipping subject to VAT) as uploaded by the vendor.  ATSA may in future revisit and adjust this commission percentage (upwards or downwards).  In such instances, Vendors will be given at least 30 calendar days’ notice prior to any adjustments made.  ATSA also reserves the right to enter into specific commission agreements with individual vendors that may differ from the standard sales commission as stipulated above.

Vendors agree to the following process to facilitate payments.  When a Vendors’ product is purchased and the payment is successfully processed, order(s) will be sent through to the vendor via e-mail as well as a notification on the Vendor Dashboard. Simultaneously ATSA will fulfil the order at the applicable shipping partner and the Vendor will receive the waybill to include with the package being shipped. The Vendor should print the shipping waybill and be ready for next-day collection of the package by the applicable shipping partner. ATSA will confirm the delivery of the package with the customer. The funds collected for the purchase will be added to the Vendors’ credit on their Dashboard account. Vendors may request a withdrawal of their credit as soon as the transaction has been marked delivered. A standard withdrawal fee of R12.50 regardless of the amount will apply Once the withdrawal request has been initiated standard banking turnaround times will apply as per FNB. ATSA reserves the right to hold back any funds for sales incomplete by the Vendor and will fully refund the Customer after 10-business days of failure to deliver the product to the customer.

Vendors will have a wallet function on their dashboard in which credit will be accumulated. Vendor credit withdrawals will be paid via EFT into the bank account details configured by the Vendor inside their profile on the Dashboard. The vendors will be able to transfer funds from their wallet to their bank account subjected to the following conditions:

1. The Vendor has successfully completed all orders.
2. There is no pending dispute regarding an order.

The Vendor agrees to accept full responsibility for the products and quality of products sold on the Vendor’s profile.

ATSA reserves the right to remove any profile (temporarily or permanently) from the ATSA platform should it feel that the Vendor is conducting business that is in contradiction with the Laws of the Republic of South Africa.  In such instances, ATSA will not be responsible for any loss of income incurred by the Vendor.

Vendors may not use the platform to advertise or sell any products that may be deemed defamatory, offensive or unlawful. In such cases, ATSA can at its own discretion remove any of a Vendor’s products from the website or even remove the Vendor’s profile.

If a vendor is not a registered VAT vendor, it may not charge VAT on the products advertised.

VENDOR SHIPPING

All products purchased on ATSA Online are subject to the weight and dimensions as assigned by the vendor to each product. IT IS IMPORTANT FOR VENDORS TO SUPPLY WEIGHT AND DIMENSIONS FOR EACH PRODUCT AS INCORRECT SPECIFICATIONS WILL RESULT IN THE SHIPPING BALANCE DEDUCTION OF THE VENDORS CREDIT TO PAY FOR THE EXCESS SHIPPING COSTS.

Weight and dimensions can be assigned when adding or editing products. Vendors are requested to double-check their specifications before publishing products. The shipping funds are collected by ATSA and are not sent to vendors. ATSA ensures that the shipping procedure commences as soon as payment has been verified and the order is put through to the vendor.

Shipping is done through ATSA Online in partnership with third-party affiliate Aramex.

Once a product is purchased, payment is confirmed, and order is put through to the Vendor. It is the Vendors responsibility to ensure fragile/non-fragile items are packed sufficiently and securely before the shipping company will collect items the following business day. A waybill will be sent through to the vendor upon fulfilment of the shipping which needs to be printed and provided to the courier upon collection. IT IS IMPORTANT NOT TO SIGN ANY HAND-WRITTEN WAYBILLS and only make use of waybills provided by ATSA Online.

BUYER SPECIFIC TERMS AND CONDITIONS

Only Buyers who are registered users on www.hiltonfestival.co.za may transact and buy products from Vendors.  Buyers are responsible for securing their personal username and password and may not disclose their username of password to any third party.

All buyers agree to vendors having at least 5 business days to process any orders which exclude 3 business days for delivery unless indicated otherwise.

DATA PROTECTION

ATSA will store data provided by Vendors and Buyers.  This data will be used to facilitate the execution of a purchase between a Vendor and a Buyer.  No personal data will be passed onto any third parties that may jeopardise the privacy of the buyer or the vendor.

ATSA will take all reasonable measures to protect the Personal Information of Vendors and Buyers.

LISTING ERRORS

ATSA is not responsible for any incorrect listing errors that may occur on the platform that forms part of incorrect uploads, technical glitches or human error. In the event of incorrect listing of a product, ATSA will attempt to rectify the issue within reasonable means. If no resolution can be reached, standard refund policy will be applicable where The Buyer will receive a full refund for costs incurred as per the Alternative Dispute resolution Part 6 of the Government Gazette No 25 of 2002.

CHANGES TO TERMS & CONDITIONS

ATSA may at any time and in its own discretion, change or amend any of these Terms and Conditions.

LIABILITY

ATSA will not be liable for any loss or damage that might occur due to the use of www.ATSA.co.za (direct, indirect or incidental).

Upon accepting Artify T&C’s, The Buyer, The Seller and The Platform fully agree to understand their rights and responsibilities as per the Government Gazette No 25 of 2002: Electronic Communications and Transactions Act, 2002.