Terms of service
TERMS AND CONDITIONS
KRAAL ARTISANS (PTY) LTD
1. Introduction and application
1.1. These Terms and Conditions regulate access to and use of the website situated at www.kraalartisans.co.za and any related online store, platform, product catalogue, order form, quotation, invoice, social media shop, electronic checkout facility or electronic communication operated under the name Kraal Artisans.
1.2. The website is owned and operated by Kraal Artisans Proprietary Limited, a company duly incorporated in accordance with the laws of the Republic of South Africa, with registration number 2026/513987/07 and with its principal place of business at Johannesburg, Gauteng, South Africa.
1.3. Kraal Artisans is a curated luxury online retailer of artisan and decor products.
1.4. These Terms apply to every person who (including but not limited to) accesses the Website, browses the Website, creates an account, places an order, makes payment, accepts delivery, communicates with Kraal Artisans, or otherwise uses any part of the Website, social media pages, products etcetera.
1.5. By accessing the Website, placing an order, making payment, accepting delivery or otherwise using the Website in any manner whatsoever, the Customer agrees to be legally bound by these Terms.
1.6. If the Customer does not agree to these Terms, the Customer must immediately cease using the Website and must not place any order through the Website.
2. Definitions and interpretation
2.1. In these Terms, unless the context clearly indicates otherwise:
2.1.1. "Business Day" means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa;
2.1.2. "CPA" means the Consumer Protection Act 68 of 2008, including its regulations, amendments and any successor legislation;
2.1.3. "Customer", "you" or "your" means any person who accesses the Website, places an order, purchases a Product or otherwise contracts with Kraal Artisans;
2.1.4. "ECTA" means the Electronic Communications and Transactions Act 25 of 2002, including its regulations, amendments and any successor legislation;
2.1.5. "Order" means an electronic, written, telephonic, WhatsApp, email, Website or other request by a Customer to purchase one or more Products;
2.1.6. "Product" means any item, good, decor product, natural product, animal-derived product, wooden product, hide, skull, horn, board, accessory or related item offered for sale by Kraal Artisans;
2.1.7. "Terms" means these Website Terms and Conditions, as amended from time to time; and
2.1.8. "Website" means www.kraalartisans.co.za and any related online sales platform operated by or on behalf of Kraal Artisans.
2.2. The headings in these Terms are for convenience only and shall not affect interpretation.
2.3. Words importing the singular include the plural and vice versa. Words importing one gender include all genders. A reference to a natural person includes, where applicable, a juristic person.
2.4. The words "including", "includes" and "in particular" mean "including without limitation" and shall not be interpreted restrictively.
2.5. References to legislation include all amendments, regulations, replacements and subordinate legislation from time to time.
3. Important consumer law notice
3.1. These Terms must be read subject to the CPA, ECTA, the Protection of Personal Information Act 4 of 2013, and all other applicable South African laws.
3.2. Nothing in these Terms is intended to unlawfully exclude, restrict, waive, avoid or limit any right, remedy, warranty, protection or claim which a consumer may have under applicable law.
3.3. Certain clauses in these Terms limit the liability of Kraal Artisans, place an obligation on the Customer, constitute an assumption of risk by the Customer, or require the Customer to indemnify Kraal Artisans. Such clauses are drawn specifically to the Customer’s attention.
3.4. By proceeding with a transaction, the Customer acknowledges that the Customer has been afforded a reasonable opportunity to read and consider these Terms before placing an Order.
3.5. If any provision of these Terms is found to conflict with any mandatory provision of applicable law, that mandatory provision shall prevail, and the remaining provisions of these Terms shall continue to apply.
4. Incorporated policies
4.1. These Terms must be read together with the following separate policies, which form part of the agreement between the Customer and Kraal Artisans:
4.1.1. Privacy Policy;
4.1.2. Returns and Refunds Policy;
4.1.3. Shipping and Delivery Policy;
4.1.4. Product Care Guidelines, where applicable; and
4.1.5. any written quotation, invoice, product description, checkout notice, warning, disclaimer, care instruction or special condition issued by Kraal Artisans in respect of a particular Product or Order.
4.2. If there is a conflict between these Terms and a specific written quotation or invoice issued by Kraal Artisans, the quotation or invoice shall prevail only to the extent of the conflict, unless otherwise prohibited by law.
4.3. The Privacy Policy, Returns and Refunds Policy, and Shipping and Delivery Policy shall be published separately on the Website and may be amended from time to time.
5. Supplier information and ECTA disclosures
5.1. Kraal Artisans provides the following supplier information for purposes of transparency and online contracting:
5.1.1. Supplier name: Kraal Artisans Proprietary Limited;
5.1.2. Registration number: 2026/513987/07;
5.1.3. Physical address: Johannesburg, Gauteng;
5.1.4. Website: www.kraalartisans.co.za;
5.1.5. Email address: kraalboneart@gmail.com
5.1.6. Telephone / WhatsApp: 0835005471 ; and
5.1.7. Place of registration: Republic of South Africa.
5.2. The main characteristics, price, delivery charges, payment method, delivery arrangements and other material features of a Product shall be displayed on the relevant Product page, checkout page, quotation or invoice, as applicable.
5.3. The Customer is responsible for reviewing the Product page, cart, checkout page, delivery information and these Terms before placing an Order.
6. Eligibility and legal capacity
6.1. By using the Website or placing an Order, the Customer warrants that the Customer has full legal capacity and authority to conclude a binding agreement.
6.2. A person under the age of 18 years may use the Website and place an Order only with the involvement, consent and supervision of a parent or legal guardian.
6.3. Kraal Artisans may refuse, cancel or suspend any Order where it reasonably believes that the person placing the Order lacks legal capacity, has supplied false information, is attempting to commit fraud, is acting without authority, or is otherwise acting unlawfully.
7. Nature of the Products
7.1. Kraal Artisans sells curated, luxury, handmade, natural and artisan Products. Many Products are unique, once-off, hand-selected, hand-carved, handmade, hand-finished, naturally formed, vintage, rustic, reclaimed, irregular, bespoke or produced from natural materials.
7.2. Products made from natural materials, including skulls, horns, hides, skins, leather and wood, may have inherent variations. Such variations may include colour differences, grain patterns, markings, scars, scratches, knots, dents, pores, asymmetry, hair direction, hair length, texture, shade differences, cracks, natural odour, carving variation, patina, tool marks, shape variation and other features inherent to natural or handcrafted materials.
7.3. These natural and artisan characteristics are part of the nature, value and identity of the Products and shall not, by themselves, constitute defects, non-conformity, poor workmanship, misrepresentation or grounds for rejection.
7.4. Product photographs are intended to display the Product as accurately as reasonably possible. However, colour, scale, lighting, texture and finish may appear differently depending on device, screen, camera, lighting, editing, background and display settings.
7.5. Where a Product is described as unique, one-of-one, once-off, original, handmade, natural, bespoke, vintage, rustic, organic, reclaimed or artisanal, the Customer acknowledges that no identical substitute may be available.
7.6. Unless expressly stated otherwise, decorative skulls, horns and hides are sold as decor items only. They are not sold as toys, weapons, food items, medical products, veterinary products, scientific specimens, ritual products, load-bearing products, safety equipment, or products intended for unsafe handling.
8. Product descriptions, measurements and suitability
8.1. Kraal Artisans will take reasonable steps to ensure that each Product is described accurately and in good faith, including, where applicable, its principal characteristics, approximate dimensions, weight, material, finish, colour, condition and generally intended use.
8.2. Product descriptions, photographs and other visual representations are provided for identification and general guidance. The Customer acknowledges that the appearance, colour, shade, texture, scale and finish of a Product may differ from its appearance on the Website as a result of lighting conditions, camera angles, photographic processing, screen settings, device calibration and other technical factors beyond the reasonable control of Kraal Artisans.
8.3. Where a Product is natural, handmade, hand-finished, reclaimed, vintage or individually crafted, the Customer acknowledges that variations in shape, size, colour, grain, texture, pattern, markings, patina, finish and general appearance are inherent characteristics of that Product. Such inherent or disclosed variations shall not constitute a defect, damage, non-conformity or misdescription, provided that the Product supplied corresponds materially with its published description.
8.4. Unless expressly stated in writing to be exact, all dimensions, measurements, weights, colours and finishes are approximate. A reasonable tolerance arising from the natural form or characteristics of the Product, manual measurement, hand-finishing, irregular shape or photographic perspective shall not constitute a defect or misdescription.
8.5. Before placing an Order, the Customer is solely responsible for:
8.5.1. carefully reviewing the complete Product description, photographs, dimensions, weight, materials, condition and disclosed characteristics;
8.5.2. requesting more information on Product description, photographs, dimensions, weight, materials, condition and disclosed characteristics;
8.5.3. ensuring that the Product is suitable for the Customer’s intended space, purpose, location, decor, colour scheme and method of display or installation;
8.5.4. confirming that all relevant measurements, access routes, doorways, passages, walls, surfaces, fittings, fixtures and support structures are adequate for the Product; and
8.5.5. obtaining any professional advice reasonably required concerning installation, mounting, structural support, safety or suitability.
8.6. If an exact measurement, colour match, finish, fit or particular use is material to the Customer’s decision to purchase, the Customer must obtain Kraal Artisans’ written confirmation thereof before placing the Order. In the absence of such written confirmation, Kraal Artisans makes no representation or warranty that the Product will satisfy any particular subjective preference, design expectation or purpose beyond the Product’s generally intended use and its published description.
8.7. By accepting these Terms and placing an Order after having been afforded a reasonable opportunity to inspect the applicable Product listing, the Customer expressly acknowledges and accepts the Product in the condition described and subject to any natural, handmade, disclosed or reasonably foreseeable variations contemplated in this clause 8.
8.8. To the fullest extent permitted by applicable law, Kraal Artisans shall not be liable for, and the Customer shall not be entitled to reject or return a Product, withhold payment, initiate a chargeback or claim any refund, reduction in price or damages solely because:
8.8.1. the Product does not fit the Customer’s intended space or location due to the Customer’s failure to verify the relevant dimensions or access requirements;
8.8.2. the Product does not correspond with the Customer’s personal taste, subjective preference, anticipated shade, decor scheme or interior-design expectation;
8.8.3. the Product displays an inherent, disclosed or reasonably foreseeable natural or handmade variation contemplated in this clause 8; or
8.8.4. the Customer used, displayed, installed, handled or maintained the Product otherwise than in accordance with its intended use or any instructions or warnings provided by Kraal Artisans.
8.9. To the fullest extent permitted by applicable law, Kraal Artisans shall not be liable for any indirect, incidental, special or consequential loss arising from the Customer’s failure to comply with this clause 8.
8.10. Nothing in this clause 8 shall exclude, restrict or waive any right or remedy that cannot lawfully be excluded under the Consumer Protection Act 68 of 2008 or any other applicable law.
9. Lawful sourcing and animal-derived Products
9.1. Kraal Artisans is committed to lawful, ethical and traceable sourcing of Products.
9.2. Where Products contain or consist of animal-derived materials, including skulls, horns, hides, skins or leather, Kraal Artisans shall take reasonable steps to source such Products from lawful suppliers and, where applicable, to obtain or retain available supplier information, invoices, declarations, tanning records, provenance records, permits or other relevant documentation.
9.3. Certain animal-derived Products, specimens, parts or derivatives may be subject to national, provincial, environmental, biodiversity, conservation, veterinary, CITES, import, export, transport, taxidermy, wildlife trading or permit requirements.
9.4. Kraal Artisans reserves the right to refuse, suspend, cancel or reverse any transaction if it reasonably believes that the Product, destination, Customer instruction, onward resale, export, import, transport or use may contravene any law, regulation, permit condition or ethical sourcing requirement.
9.5. Unless expressly confirmed by Kraal Artisans in writing, Products are sold for delivery within the Republic of South Africa only.
9.6. No Customer may export, re-export, transport across borders, resell, trade, alter, misuse, mislabel or otherwise deal with any animal-derived Product in contravention of applicable law.
9.7. If a Customer requests international delivery, cross-border delivery, export documentation, CITES documentation, veterinary documentation, customs documentation or similar, Kraal Artisans may refuse such request or may require prior written confirmation that all legal requirements have been satisfied. All additional costs, delays, risks and compliance obligations shall be for the Customer’s account, unless otherwise agreed in writing.
10. Website use
10.1. The Customer may use the Website only for lawful personal or commercial purchasing purposes.
10.2. The Customer may not:
10.2.1. use the Website for any unlawful, fraudulent, misleading, abusive or unauthorised purpose;
10.2.2. interfere with the security, operation or functionality of the Website;
10.2.3. introduce viruses, malware, harmful code, scraping tools, bots or automated extraction systems;
10.2.4. copy, reproduce, commercially exploit or misuse Kraal Artisans’ photographs, product descriptions, branding, logo, layout or content without prior written consent;
10.2.5. impersonate any person or misrepresent identity, authority, billing information, delivery address or payment details;
10.2.6. submit false reviews, false complaints, false chargebacks or abusive communications; or
10.2.7. use the Website in a manner that infringes any intellectual property right, privacy right, statutory right or contractual right.
10.3. Kraal Artisans may suspend or terminate the Customer’s access to the Website if the Customer breaches these Terms or if continued access may expose Kraal Artisans, its suppliers, service providers or other customers to loss, liability, fraud, reputational harm or legal risk.
11. Orders and formation of contract
11.1. All Product listings, advertisements, quotations and other information displayed on the Website constitute invitations to do business only and do not constitute binding offers by Kraal Artisans. All Products remain subject to availability and final confirmation by Kraal Artisans.
11.2. By submitting an Order, the Customer makes an offer to purchase the selected Product or Products in accordance with these Terms and warrants that the Customer:
11.2.1. has the legal capacity and authority to conclude the transaction;
11.2.2. has reviewed and accepted these Terms and all policies incorporated herein;
11.2.3. has provided complete, current and accurate information; and
11.2.4. intends and is able to pay the full amount payable in respect of the Order.
11.3. Before submitting an Order, the Customer shall be afforded a reasonable opportunity to review and correct the contents of the Order, including the selected Product, quantity, measurements, price, delivery method, delivery address, contact details and billing information. The Customer remains responsible for confirming that all such information is correct before submitting the Order.
11.4. An automated acknowledgement, order number, payment notification, payment authorisation or confirmation that an Order has been received does not, by itself, constitute acceptance of the Order or confirmation that a binding sale has been concluded.
11.5. Subject to applicable law, a binding sale will be concluded only when:
11.5.1. Kraal Artisans has expressly accepted the Order by issuing a written order-acceptance or dispatch confirmation to the electronic address supplied by the Customer;
11.5.2. the full purchase price and all other amounts payable have been received by Kraal Artisans as cleared and irrevocably available funds; and
11.5.3. the relevant Product has been verified as available and allocated to the Customer.
11.6. Where the requirements in clause 11.5 occur at different times, the sale will be concluded only when the last of those requirements has been satisfied. For purposes of electronic contract formation, acceptance will be regarded as received when the order-acceptance or dispatch confirmation enters the electronic information system designated by the Customer and is capable of being retrieved and processed.
11.7. Before an Order has been accepted in accordance with clause 11.5, Kraal Artisans may, subject to applicable law, reject, suspend or require further verification of the Order, in whole or in part, including where:
11.7.1. the Product is unavailable, damaged, incorrectly listed or cannot reasonably be supplied;
11.7.2. payment has not cleared, has been reversed, is disputed or is suspected to be unauthorised or fraudulent;
11.7.3. the Product, price, description, discount, delivery charge or other information contains an obvious or bona fide error;
11.7.4. the Customer has supplied incomplete, inconsistent or inaccurate information;
11.7.5. the delivery address falls outside an available or reasonably serviceable delivery area;
11.7.6. the quantity ordered exceeds any stated or reasonable purchasing limitation;
11.7.7. acceptance or performance of the Order may contravene applicable law, regulatory requirements, wildlife restrictions, sanctions, export or import controls, payment-provider requirements or Kraal Artisans’ compliance obligations; or
11.7.8. Kraal Artisans reasonably suspects abuse of the Website, misuse of a promotion, unlawful conduct or a material breach of these Terms.
11.8. Kraal Artisans may accept an Order in part. Each accepted portion will constitute a separate sale, and rejection or cancellation of any unaccepted portion will not affect any portion already validly accepted.
11.9. A Product is not reserved or allocated to the Customer merely because it has been placed in the Customer’s cart, an Order has been submitted, an order number has been generated or a payment authorisation has been initiated. Allocation occurs only upon compliance with clause 11.5.
11.10. If Kraal Artisans rejects an Order before acceptance, Kraal Artisans will notify the Customer and refund any amount actually received in respect of the rejected portion of the Order, together with any further amount required by applicable law. The refund will ordinarily be processed through the original payment method, unless otherwise reasonably agreed or required by the payment service provider.
11.11. Kraal Artisans may correct any typographical, technical, descriptive, pricing, availability or system error before accepting an Order, subject to applicable law. Where such an error is identified, Kraal Artisans may invite the Customer to submit or confirm an Order on the corrected terms. Kraal Artisans will not unilaterally increase the agreed price of a sale already concluded, except where expressly permitted by applicable law or agreed to by the Customer.
11.12. The Customer must notify Kraal Artisans promptly after becoming aware of any error in an Order or any suspected unauthorised use of the Customer’s details or payment method. Any requested amendment remains subject to availability, feasibility and acceptance by Kraal Artisans.
11.13. To the fullest extent permitted by applicable law, Kraal Artisans shall not be liable for any loss, delay, failed delivery or additional cost arising from:
11.13.1. an incorrect Product, quantity or option selected by the Customer;
11.13.2. incorrect measurements, specifications or suitability assessments made or supplied by the Customer;
11.13.3. an incomplete or incorrect delivery address, billing address, contact detail or access instruction;
11.13.4. the Customer’s failure to obtain any approval, permit or authorisation required for the purchase, possession, transportation, importation, exportation or use of the Product; or
11.13.5. any other material error, omission or misrepresentation attributable to the Customer.
11.14. The Customer will be responsible for any reasonable and properly incurred additional delivery, redelivery, storage, administration or recovery costs arising from an error or omission contemplated in clause 11.13, provided that such costs are disclosed and recoverable under applicable law.
11.15. Nothing in this clause 11 excludes, restricts or waives any right or remedy that cannot lawfully be excluded under the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002 or any other applicable law.
12. Stock availability and once-off Products
12.1. All Products are subject to availability.
12.2. Because many Products are unique or limited-stock items, availability cannot be guaranteed until payment has cleared and the Order has been accepted by Kraal Artisans.
12.3. Where more than one Customer attempts to purchase the same unique Product, Kraal Artisans may allocate the Product to the first Customer whose payment clears, unless otherwise determined by Kraal Artisans acting reasonably.
12.4. Kraal Artisans may cancel an Order if the Product is unavailable, damaged, incorrectly listed, incorrectly priced, withdrawn from sale, subject to legal restriction, or otherwise incapable of supply.
12.5. If Kraal Artisans cancels an Order after receiving payment, Kraal Artisans shall refund the amount paid in accordance with applicable law and the Returns and Refunds Policy.
13. Pricing
13.1. All prices are displayed in South African Rand.
13.2. Prices are inclusive of VAT only if Kraal Artisans is registered for VAT and the Website expressly states that prices include VAT. If Kraal Artisans is not VAT registered, no VAT shall be charged and no VAT invoice shall be issued.
13.3. Delivery charges, courier fees, packaging fees, insurance charges, permit charges, export charges, customs duties, taxes, storage charges or other additional costs may be charged separately and will be disclosed where applicable before final checkout or in a written quotation.
13.4. Kraal Artisans may change Product prices at any time before acceptance of an Order.
13.5. Kraal Artisans takes reasonable care to ensure that prices are accurate. However, if a Product is listed with an obvious or bona fide pricing error, system error, typographical error or technical error, Kraal Artisans may reject or cancel the Order and refund any amount paid.
13.6. No Customer shall be entitled to insist on delivery of a Product at a price which is clearly erroneous, absurd, unintended, technically corrupted, or materially below the actual listed or market price due to an error.
14. Payment
14.1. Payment must be made by the payment methods made available on the Website or confirmed by Kraal Artisans in writing.
14.2. Kraal Artisans is not obliged to allocate, dispatch, release or deliver any Product until full payment has been received and cleared in its account.
14.3. If payment is made by electronic funds transfer, proof of payment shall not constitute cleared payment. The payment must reflect as cleared and irreversible in Kraal Artisans’ account before the Order is processed.
14.4. The Customer warrants that the Customer is authorised to use the payment method supplied.
14.5. Kraal Artisans may conduct anti-fraud checks and may require proof of identity, proof of address, proof of payment, cardholder confirmation or any other reasonable verification before accepting or dispatching an Order.
14.6. If payment is reversed, disputed, charged back, dishonoured, suspected to be fraudulent, or received from an unauthorised source, Kraal Artisans may cancel the Order, suspend delivery, recover the Product, institute legal proceedings, and claim all costs, including legal costs on an attorney-and-client scale where permitted by law.
15. Delivery
15.1. Delivery is governed by the Shipping and Delivery Policy, which is incorporated into these Terms.
15.2. Delivery times are estimates unless expressly confirmed in writing as binding.
15.3. Kraal Artisans shall take reasonable steps to dispatch Products within the delivery period stated on the Website or in the applicable quotation. Where no specific delivery period is agreed, Kraal Artisans shall execute the Order within the period required by applicable law, unless otherwise agreed.
15.4. Delivery may be affected by courier delays, supplier delays, high-risk area restrictions, weather, public holidays, payment verification, packaging requirements, strike action, system failures, load shedding, incorrect delivery information, force majeure, or circumstances beyond Kraal Artisans’ reasonable control.
15.5. The Customer must ensure that a responsible person is available to receive the Product at the nominated delivery address.
15.6. If delivery cannot be completed because the address is incorrect, inaccessible, unattended, unsafe, or because the Customer refuses or fails to accept delivery, Kraal Artisans may charge reasonable re-delivery, storage, return or handling costs.
15.7. For consumer transactions, risk in the Product shall pass in accordance with applicable law. For non-consumer or business-to-business transactions, risk shall pass to the Customer when the Product is handed to the courier, unless otherwise agreed in writing.
15.8. Ownership shall pass only once Kraal Artisans has received full cleared payment of all amounts due in respect of the Product.
16. Inspection on delivery
16.1. The Customer must inspect the packaging and Product as soon as reasonably possible after delivery.
16.2. If the packaging is visibly damaged on delivery, the Customer must record the damage with the courier, take photographs before opening where possible, and notify Kraal Artisans immediately.
16.3. Claims for courier damage must be supported by clear photographs of the packaging, waybill, Product and alleged damage.
16.4. Failure to report visible delivery damage within a reasonable period of 3 days may prejudice the ability to claim from the courier or insurance provider, provided that nothing in this clause limits the Customer’s non-excludable statutory rights.
17. Cooling-off, returns, refunds and exchanges
17.1. Returns, refunds and exchanges are governed by the separate Returns and Refunds Policy.
17.2. Where ECTA applies, a consumer may have a statutory cooling-off right in respect of certain online purchases.
17.3. The cooling-off right does not apply where the law excludes it, including where goods are made to the consumer’s specifications, clearly personalised, by reason of their nature cannot be returned, or fall within any other statutory exception.
17.4. Bespoke, personalised, commissioned, custom-sourced, custom-sized, custom-mounted, custom-carved, custom-finished, specially imported, specially procured or special-order Products may not be eligible for cooling-off cancellation, return or refund, except where required by law.
17.5. A Customer may not return a Product merely because of natural variation, subjective preference, change of mind outside any applicable cooling-off period, minor colour variation caused by screen display, or characteristics expressly disclosed before purchase.
17.6. If a Product is defective, unsafe, materially misdescribed, or fails to meet an applicable statutory standard, the Customer shall have the rights and remedies provided by law.
17.7. Products returned must be unused, unaltered, undamaged, clean, complete, in their original condition, with all accessories, certificates, care cards, packaging and documentation, unless the return arises from a defect or statutory right which does not require such condition.
17.8. Kraal Artisans may reject any return where the Product has been damaged, altered, installed, mounted, treated, washed, exposed to moisture, exposed to excessive heat, exposed to direct sunlight contrary to care instructions, used contrary to care instructions, contaminated, stained, cut, drilled, glued, scratched, broken, mishandled, or otherwise changed after delivery, except where prohibited by law.
18. Product care and misuse
18.1. The Customer must follow all care instructions supplied with the Product or published by Kraal Artisans.
18.2. Animal hides, skins, leather and natural fibres must not be soaked, machine washed, tumble dried, bleached, exposed to harsh chemicals, exposed to excessive heat, stored damp, placed in high-moisture environments, or used in a manner inconsistent with their nature and care instructions.
18.3. Decorative skulls and horns must be handled with care and must not be dropped, pulled, used as load-bearing items, used as toys, used as weapons, placed where they may fall, or installed without suitable hardware and competent installation.
18.4. Wooden boards must be cleaned, dried, oiled and maintained in accordance with the applicable care instructions. Unless expressly stated otherwise, wooden boards must not be placed in a dishwasher, soaked in water, exposed to open flame, left in direct sunlight for prolonged periods, or stored while wet.
18.5. Ordinary wear and tear, ageing, patina, fading, wood movement, surface scratches, drying, minor cracking, colour maturation, texture changes, hair movement, natural odour, or changes caused by environmental conditions shall not constitute defects.
18.6. Kraal Artisans shall not be liable for damage caused by misuse, neglect, incorrect installation, incorrect cleaning, incorrect storage, exposure to water, exposure to heat, exposure to pests, exposure to pets, force, impact, chemicals, improper handling, unauthorised repair, or failure to follow care instructions.
19. Installation and display
19.1. Unless expressly agreed in writing, Kraal Artisans does not provide installation services.
19.2. The Customer is responsible for ensuring that any wall, hook, bracket, shelf, stand, surface or installation point is suitable for the weight, dimensions and nature of the Product.
19.3. Kraal Artisans shall not be liable for loss, injury, property damage or Product damage arising from improper installation, inadequate support, unsuitable walls, defective fixtures, poor workmanship by third parties, or failure to obtain competent installation assistance.
19.4. Heavy, irregular or fragile Products must be installed by a competent person using appropriate hardware and due care.
20. Warranties and statutory rights
20.1. Kraal Artisans warrants that, at the time of delivery, the Product shall materially correspond with the Product description accepted by the Customer and shall comply with applicable non-excludable statutory standards.
20.2. Kraal Artisans does not warrant that a Product will match the Customer’s subjective decor preference, exact screen colour, anticipated shade, room lighting, interior design expectation or personal taste.
20.3. No warranty is given in respect of defects, conditions, limitations, age, natural characteristics, disclosed conditions or imperfections that were expressly disclosed to the Customer before purchase and accepted by the Customer.
20.4. No warranty applies where a Product has been altered contrary to instructions, damaged after delivery, misused, neglected, incorrectly installed, incorrectly maintained, or used for a purpose for which it was not intended.
20.5. Any manufacturer, artisan or supplier warranty shall apply only to the extent provided by that manufacturer, artisan or supplier and shall not expand Kraal Artisans’ liability beyond what is required by law unless expressly agreed in writing.
21. Luxury and handmade Product disclaimer
21.1. The Customer acknowledges that handmade and natural Products are not factory-uniform, machine-standardised, mass-produced items.
21.2. Minor asymmetry, carving differences, pigment differences, finishing differences, texture differences, tool marks, visible handmade elements and natural material behaviour are inherent features of artisan Products.
21.3. In the case of unique Products, replacement with an identical Product may be impossible. Where replacement is required by law but an identical replacement is unavailable, Kraal Artisans may, where legally permissible, offer a repair, refund, store credit, alternative Product, or other remedy agreed with the Customer.
22. Promotions, discounts and vouchers
22.1. Promotions, discounts, coupon codes, vouchers and sale prices are subject to the terms stated with the promotion.
22.2. Kraal Artisans may withdraw or amend promotions at any time before an Order is accepted.
22.3. Unless expressly stated otherwise, promotions may not be combined, exchanged for cash, transferred, applied retrospectively, or used after expiry.
22.4. If a promotion is abused, manipulated, used fraudulently or applied because of a technical error, Kraal Artisans may cancel the affected Order and refund any amount paid.
23. Accounts and customer information
23.1. The Customer may be required to create an account or provide information to place an Order.
23.2. The Customer warrants that all information supplied is true, accurate, current and complete.
23.3. The Customer is responsible for maintaining the confidentiality of account login details and for all activity under the account.
23.4. The Customer must notify Kraal Artisans immediately if the Customer suspects unauthorised use of an account.
23.5. Kraal Artisans may suspend or close an account if the account is used unlawfully, fraudulently, abusively or in breach of these Terms.
24. Privacy and personal information
24.1. Personal information is processed in accordance with the Privacy Policy.
24.2. By using the Website, placing an Order or communicating with Kraal Artisans, the Customer acknowledges that Kraal Artisans may process personal information for purposes including order processing, payment administration, delivery, customer support, fraud prevention, legal compliance, marketing where permitted, and record keeping.
24.3. Payment information may be processed by third-party payment service providers. Kraal Artisans does not warrant the systems of third-party payment providers, but shall take reasonable steps to use reputable service providers.
24.4. The Customer must not submit another person’s personal information unless authorised to do so.
25. Intellectual property
25.1. All intellectual property on the Website, including the name Kraal Artisans, the logo, product photographs, designs, text, branding, layout, graphics, trade dress, product descriptions, look and feel, and related content, belongs to or is licensed to Kraal Artisans.
25.2. The Customer may not copy, reproduce, modify, publish, distribute, sell, scrape, frame, mirror, commercially exploit, or create derivative works from any Website content without Kraal Artisans’ prior written consent.
25.3. Purchase of a Product does not transfer any intellectual property rights in the Website, brand, photographs, designs, content or marketing materials.
25.4. Kraal Artisans reserves all rights not expressly granted.
26. User content, reviews and social media
26.1. If the Customer submits any review, photograph, comment, testimonial, tag, social media post or other content relating to Kraal Artisans or its Products, the Customer warrants that the content is lawful, truthful, not misleading, not defamatory, and does not infringe the rights of any third party.
26.2. The Customer grants Kraal Artisans a non-exclusive, royalty-free, worldwide licence to use, repost, publish or display such content for marketing, customer service and business purposes, unless the Customer expressly withdraws consent in writing.
26.3. Kraal Artisans may remove or decline to publish any content that is abusive, false, unlawful, defamatory, obscene, discriminatory, spam-related, irrelevant, misleading or otherwise inappropriate.
27. Third-party services
27.1. The Website may use third-party platforms, plug-ins, payment gateways, courier services, analytics tools, hosting providers, social media platforms or other service providers.
27.2. Kraal Artisans is not responsible for third-party websites, third-party downtime, third-party security incidents, third-party terms, third-party delays, or third-party acts or omissions, except to the extent required by law.
27.3. The Customer’s use of third-party services may be subject to separate terms and privacy policies.
28. Limitation of liability
28.1. IMPORTANT NOTICE: THIS CLAUSE LIMITS THE NATURE AND EXTENT OF KRAAL ARTISANS’ LIABILITY, EXCLUDES CERTAIN CATEGORIES OF LOSS, PLACES CERTAIN RISKS UPON THE CUSTOMER AND MAY LIMIT THE CUSTOMER’S RIGHTS AND REMEDIES. THE CUSTOMER MUST READ THIS CLAUSE CAREFULLY BEFORE PLACING AN ORDER.
28.2. The limitations and exclusions contained in this clause apply to Kraal Artisans and, where applicable, its owners, directors, officers, employees, agents, contractors, suppliers, couriers, payment-service providers and other service providers.
28.3. To the fullest extent permitted by applicable law, Kraal Artisans shall not be liable, whether arising in contract, delict, statute, strict liability or otherwise, for any indirect, incidental, special, exemplary, punitive or consequential loss or damage, whether foreseeable or unforeseeable and whether or not Kraal Artisans was advised of the possibility thereof, including:
28.3.1. loss of profit, revenue, income, anticipated savings or economic opportunity;
28.3.2. loss of business, production, use, contracts, customers or commercial advantage;
28.3.3. loss of goodwill, reputation, data or information;
28.3.4. decor-replacement, redesign, colour-matching or interior-design costs;
28.3.5. architectural, professional, contractor, mounting, installation, removal, dismantling, repair or reinstallation costs;
28.3.6. travel, accommodation, storage, delay, inconvenience, disappointment, emotional distress or loss of enjoyment; or
28.3.7. any liability incurred by the Customer to a third party,
except to the extent that such loss or damage may not lawfully be excluded.
28.4. Subject to clause 28.8, the combined aggregate liability of Kraal Artisans and the persons contemplated in clause 28.2 for all claims, losses, damages, costs and causes of action arising from or relating to a particular Product, Order or transaction shall not exceed the purchase price actually received by Kraal Artisans for the specific Product giving rise to the claim.
28.5. The limitation in clause 28.4 applies collectively to all claims arising from the same or substantially connected facts, circumstances, Product, Order or transaction and shall not be increased by: the number of claims, causes of action or legal theories relied upon; the number of persons asserting or affected by the claim; or the fact that a claim is asserted against more than one person contemplated in clause 28.2.
28.6. To the fullest extent permitted by applicable law, Kraal Artisans shall not be liable for any loss, damage, deterioration, defect, delay, failure or expense caused or materially contributed to by:
28.6.1. the Customer’s failure to review or comply with the Product description, measurements, warnings, care instructions or intended use;
28.6.2. incorrect, unsuitable or unsafe mounting, installation, placement, handling, transportation or storage by the Customer or any third party;
28.6.3. misuse, abuse, neglect, accident, impact, excessive loading, unauthorised repair, alteration or modification of the Product;
28.6.4. ordinary wear and tear or the inherent, natural, handmade or disclosed characteristics and variations contemplated in clause 8;
28.6.5. exposure to sunlight, ultraviolet light, heat, fire, smoke, moisture, humidity, water, chemicals, pests, mould, unsuitable cleaning products, extreme temperatures or other adverse environmental conditions after delivery;
28.6.6. the Customer’s failure to obtain appropriate professional advice regarding installation, mounting, structural support, maintenance, safety or suitability;
28.6.7. incorrect, incomplete or misleading measurements, specifications, delivery details, instructions or information supplied by or on behalf of the Customer;
28.6.8. the act or omission of a courier, installer, contractor, payment-service provider, telecommunications provider or other independent third party, except to the extent that the resulting liability is legally attributable to Kraal Artisans and cannot lawfully be excluded;
28.6.9. the Customer’s failure to obtain or comply with any permit, licence, consent, customs requirement, wildlife restriction, CITES requirement, import or export control or other legal obligation; or
28.6.10. any event beyond the reasonable control of Kraal Artisans, provided that Kraal Artisans has complied with any obligation imposed upon it by applicable law.
28.7. Kraal Artisans does not warrant that the Website will be continuously available, uninterrupted, secure or entirely free from technical errors or harmful components. To the fullest extent permitted by law, Kraal Artisans shall not be liable for loss arising from temporary Website unavailability, connectivity failures, system maintenance, third-party hosting failures, malicious interference or events beyond its reasonable control, provided that Kraal Artisans has implemented the measures reasonably required by applicable law.
28.8. Nothing in these Terms excludes, restricts or limits liability or any corresponding right or remedy to the extent that such liability, right or remedy cannot lawfully be excluded, restricted or limited, including liability arising from: fraud, fraudulent misrepresentation, gross negligence or wilful misconduct by Kraal Artisans or a person acting for or controlled by it; death, personal injury, illness, loss of or physical damage to property, or resulting economic loss for which liability arises under section 61 of the Consumer Protection Act 68 of 2008; unsafe goods, a product failure, defect or hazard, or inadequate instructions or warnings, to the extent contemplated by applicable law; the statutory warranty of quality or statutory remedies applicable under sections 55 and 56 of the Consumer Protection Act 68 of 2008; or any other statutory duty or liability that applicable law prohibits Kraal Artisans from excluding, restricting or limiting.
28.9. The Customer must take all reasonable steps to prevent and mitigate any loss or damage and must not recover any amount that could reasonably have been avoided through appropriate mitigation.
28.10. The Customer must notify Kraal Artisans in writing of any claim as soon as reasonably practicable after becoming aware of the facts giving rise to it and must provide the Product, proof of purchase, photographs and all other information reasonably required to assess the claim. A failure to provide prompt notice shall reduce or exclude liability only to the extent that Kraal Artisans proves that it suffered material prejudice as a direct result of the delay.
28.11. The Customer shall not be entitled to recover more than once in respect of the same loss, whether under these Terms, an indemnity, insurance policy, refund, replacement, repair, chargeback or any other remedy.
28.12. Each limitation and exclusion in this clause 28 is separate and severable and shall apply independently to the fullest extent permitted by law. If any limitation or exclusion is found to be invalid or unenforceable, the remaining provisions shall continue to apply.
28.13. This clause 28 shall survive the fulfilment, cancellation, expiry or termination of an Order or these Terms.
29. Indemnity
29.1. IMPORTANT NOTICE: THIS CLAUSE CONTAINS AN INDEMNITY IN FAVOUR OF KRAAL ARTISANS AND CERTAIN THIRD PARTIES, PLACES CERTAIN RISKS AND LIABILITIES UPON THE CUSTOMER, AND MAY LIMIT THE CUSTOMER’S RIGHTS AND REMEDIES. THE CUSTOMER MUST READ THIS CLAUSE CAREFULLY BEFORE PLACING AN ORDER.
29.2. For purposes of this clause 29, “Indemnified Parties” means Kraal Artisans and its owners, directors, officers, employees, agents, contractors, suppliers, couriers, payment-service providers and other service providers.
29.3. To the fullest extent permitted by applicable law, the Customer indemnifies and holds each Indemnified Party harmless against any third-party claim, demand, proceeding, investigation, loss, liability, damage, lawfully recoverable penalty, cost or expense, including reasonable legal and professional costs actually incurred, to the extent arising directly or indirectly from:
29.3.1. any breach by the Customer of these Terms or any warranty, representation, undertaking or obligation given by the Customer;
29.3.2. any unlawful, fraudulent, abusive, negligent or unauthorised act or omission by the Customer;
29.3.3. the Customer’s unlawful or unauthorised access to, interference with or use of the Website;
29.3.4. the Customer’s possession, storage, transportation, mounting, installation, display, use, misuse, alteration, modification, repair, resale, onward supply, export, import, disposal or handling of a Product after delivery;
29.3.5. the Customer’s failure to comply with any Product instruction, warning, safety requirement, maintenance recommendation or restriction communicated by Kraal Artisans or appearing on the Product or its packaging;
29.3.6. any inaccurate, incomplete, misleading or fraudulent information, instruction, measurement, specification, delivery detail, declaration or document supplied by or on behalf of the Customer;
29.3.7. the Customer’s infringement or alleged infringement of any intellectual-property right, privacy right, confidentiality obligation, proprietary right or other right of a third party;
29.3.8. the unauthorised use of another person’s identity, account, payment method, personal information or delivery details by or on behalf of the Customer;
29.3.9. any false, fraudulent, abusive or unjustified payment dispute, chargeback, refund claim, complaint or representation initiated or made by or on behalf of the Customer;
29.3.10. the Customer’s failure to obtain or comply with any licence, permit, consent, authorisation, customs requirement, tax obligation, wildlife restriction, CITES requirement, import or export control, transportation requirement or other legal or regulatory obligation applicable to the Customer or the Product after delivery;
29.3.11. any unlawful export, import, possession, transportation, resale, onward transfer, display, alteration, use or disposal of an animal-derived Product after delivery to the Customer;
29.3.12. any representation, warranty, statement, advertisement or undertaking made by the Customer to a third party concerning Kraal Artisans or a Product without Kraal Artisans’ prior written authorisation; or
29.3.13. any act or omission of a person who accesses the Website, receives, possesses, uses or handles a Product through or with the authority, permission or assistance of the Customer.
29.4. The indemnity in clause 29.3 includes liability arising from personal injury, death, loss of or damage to property, regulatory action, customs detention, seizure, confiscation or forfeiture, but only to the extent that such liability was caused by or arose from an act, omission or circumstance attributable to the Customer and may lawfully be indemnified.
29.5. If a claim is made against an Indemnified Party in circumstances to which this clause may apply:
29.5.1. Kraal Artisans will notify the Customer within a reasonable period after becoming aware of the claim, provided that any delay will relieve the Customer of liability only to the extent that the Customer proves material prejudice arising directly from that delay;
29.5.2. Kraal Artisans may, at its election and at the Customer’s reasonable cost, assume control of the defence, opposition, settlement or resolution of the claim;
29.5.3. the Customer must provide all information, documents and assistance reasonably required for the defence or resolution of the claim; and
29.5.4. the Customer may not make any admission, concession or settlement affecting an Indemnified Party without Kraal Artisans’ prior written consent, which consent will not be unreasonably withheld.
29.6. Each Indemnified Party is an intended beneficiary of this clause and may accept and enforce the benefit of the indemnity in its own name.
29.7. This indemnity shall not apply to the extent that a competent court or tribunal finally determines that the relevant claim, loss, liability, damage, cost or expense arose from: the fraud, gross negligence or wilful misconduct of the Indemnified Party seeking to rely upon the indemnity; or any liability or statutory obligation that cannot lawfully be excluded, restricted or transferred.
29.8. Kraal Artisans and the Indemnified Parties must take reasonable steps to mitigate any loss claimed under this indemnity and shall not be entitled to recover more than once in respect of the same loss.
29.9. The provisions of this clause 29 are severable and will survive the fulfilment, cancellation, expiry or termination of an Order or these Terms for so long as any claim contemplated herein may lawfully be instituted or enforced.
29.10. Nothing in this clause 29 excludes, restricts or waives any right or remedy that cannot lawfully be excluded under the Consumer Protection Act 68 of 2008 or any other applicable law.
30. Force majeure
30.1. Kraal Artisans shall not be liable for delay or failure to perform where such delay or failure is caused by circumstances beyond its reasonable control.
30.2. Such circumstances may include natural disasters, extreme weather, strikes, riots, civil unrest, government action, war, public health events, courier disruption, supplier failure of any nature, import or export restrictions, permit delays, power outages, load shedding, cyber incidents, payment gateway outages, internet failure, fire, flood, theft, or transport disruption.
30.3. If a force majeure event continues for an unreasonable period, either party may cancel the affected Order, subject to payment for any Product already supplied and subject to any mandatory consumer rights.
31. Breach and termination
31.1. If the Customer breaches these Terms, Kraal Artisans may, without prejudice to any other rights:
31.1.1. suspend the Customer’s account;
31.1.2. refuse future Orders;
31.1.3. cancel an affected Order;
31.1.4. recover unpaid amounts;
31.1.5. claim damages;
31.1.6. report unlawful conduct to the relevant authorities; and/or
31.1.7. institute legal proceedings.
31.2. Kraal Artisans may discontinue, suspend, change or withdraw the Website or any part thereof at any time, provided that this shall not affect Orders already accepted unless performance becomes impossible, unlawful or commercially unreasonable for reasons beyond Kraal Artisans’ control.
32. Complaints and customer support
32.1. Complaints must be submitted in writing to [insert email address].[Cv1]
32.2. A complaint should include the order number, Product description, delivery date, clear photographs where applicable, a detailed description of the issue, and the remedy requested.
32.3. Kraal Artisans shall take reasonable steps to investigate and respond to complaints within a reasonable period.
32.4. The Customer must allow Kraal Artisans a reasonable opportunity to inspect the Product before alleging a defect, demanding a refund, initiating a chargeback, publishing allegations, or taking further action, unless urgent statutory or safety considerations apply.
33. Domicilium and notices
33.1. Kraal Artisans chooses as its domicilium citandi et executandi the address stated in clause 5, or such other address as may be published on the Website from time to time.
33.2. The Customer chooses as domicilium the physical address, email address and contact details supplied when placing the Order.
33.3. Notices may be sent by hand, courier, registered post, email or any other method permitted by law.
33.4. A notice sent by email shall be deemed received on the first Business Day after transmission, unless the sender receives an automated delivery failure notice.
34. Governing law and jurisdiction
34.1. These Terms and all transactions concluded through the Website shall be governed by the laws of the Republic of South Africa.
34.2. The parties consent to the jurisdiction of the competent High Court of South Africa, Gauteng Division(s).
34.3. Kraal Artisans may, in its discretion, institute proceedings in any competent High Court.
34.4. Nothing in these Terms prevents a consumer from approaching the National Consumer Commission, a consumer court, an ombud, an alternative dispute resolution body, or any other forum available under applicable law.
35. Changes to these Terms
35.1. Subject to applicable law, Kraal Artisans may amend these Terms, together with any policies, product information or other provisions published on the Website, from time to time, including those relating to products, specifications, availability, pricing, orders, payment, delivery, returns, refunds and the use of the Website.
35.2. The Customer acknowledges and agrees that it is the Customer’s responsibility to review and familiarise itself with the version of the Terms displayed on the Website before using the Website or placing an order. Any amendment will apply prospectively from the date on which it is published on the Website, or from such later date as may be specified, and will not retrospectively alter the terms applicable to an order already concluded, unless required or permitted by law or expressly agreed between Kraal Artisans and the Customer.
35.3. Continued use of the Website or the placement of an order after an amendment has taken effect will constitute acceptance of the amended Terms, to the extent permitted by applicable law.
36. Severability
36.1. If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision shall be severed to the minimum extent necessary.
36.2. The remaining provisions shall continue in full force and effect.
37. No waiver
37.1. No relaxation, indulgence, extension of time or failure by Kraal Artisans to enforce any provision shall constitute a waiver of any right.
37.2. A waiver shall be valid only if recorded in writing and signed by Kraal Artisans.
38. Entire agreement
38.1. These Terms, together with all incorporated policies, quotations, invoices and written notices applicable to a particular Order, constitute the entire agreement between the parties in respect of the Website and the relevant transaction.
38.2. No representation, statement, promise, sales message, social media post or communication shall bind Kraal Artisans unless expressly incorporated into the accepted Order or confirmed in writing by Kraal Artisans.