KOENA ATELIER — Terms and Conditions
Last updated: 04 July 2026 Effective date: 04 July 2026
Please read these Terms and Conditions carefully before placing an order or using this website. By accessing our website or completing a purchase, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety.
1. INTRODUCTION
1.1 These Terms and Conditions (“Terms”) govern your use of the Koena Atelier website located at [website URL] (“the Website”) and any purchases made through it.
1.2 Koena Atelier (“we”, “us”, “our”) is a South African business operating in accordance with the laws of the Republic of South Africa, including the Consumer Protection Act 68 of 2008 (“CPA”), the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), and the Protection of Personal Information Act 4 of 2013 (“POPIA”).
1.3 By using the Website or placing an order, you (“the Customer”, “you”, “your”) confirm that you are at least 18 years of age, legally capable of entering into a binding agreement, and agree to these Terms unconditionally.
1.4 We reserve the right to amend these Terms at any time. The version published on the Website at the time of your purchase will govern that transaction. It is your responsibility to review these Terms before each purchase.
2. USE OF THE WEBSITE
2.1 The Website is intended for personal, non-commercial use. You may not use the Website or its content for any unlawful purpose or in any manner inconsistent with these Terms.
2.2 You agree not to copy, reproduce, distribute, scrape, or exploit any content on the Website — including product descriptions, photography, branding, and written copy — without our prior written consent.
2.3 While we take care to ensure the Website is accurate and available, we do not guarantee that it will be uninterrupted, error-free, or free from viruses or other harmful components. We accept no liability for loss or damage caused by use of or inability to access the Website.
2.4 We reserve the right to restrict, suspend, or terminate access to the Website at any time and without notice.
3. PRODUCTS AND PRODUCT DESCRIPTIONS
3.1 All products listed on the Website are subject to availability. Because many of our artworks and homeware pieces are one-of-a-kind or produced in limited batches, availability may change without notice.
3.2 We take all reasonable care to ensure that product descriptions, dimensions, materials, and photography are accurate. All artworks are photographed in natural light to represent their true colour and texture. However, slight variations may occur due to differences in screen calibration and resolution between devices.
3.3 For hand-made products — including canvas and texture artworks, hand-thrown ceramics, and hand-poured candles — minor variations in form, glaze, texture, pigment distribution, and finish are inherent to the artisan process. Such variations are not defects and do not constitute grounds for return or exchange under normal circumstances.
3.4 We reserve the right to withdraw any product from sale at any time without notice and without liability.
3.5 Product images remain the intellectual property of Koena Atelier and/or the respective artists and makers. They may not be reproduced, downloaded, or shared without express written permission.
4. PRICING AND PAYMENT
4.1 All prices displayed on the Website are in South African Rand (ZAR).
4.2 Prices are subject to change without notice. The price applicable to your order is the price displayed at the time you complete your purchase. Once an order is confirmed and payment received, the price will not be altered retrospectively.
4.3 Delivery costs are calculated at checkout based on your delivery location and the nature of the items ordered. Delivery costs are in addition to the product price unless otherwise stated.
4.4 We accept payment via the methods displayed at checkout, which may include major credit and debit cards, and electronic funds transfer (EFT). All payment methods are subject to availability at the time of purchase.
4.5 All transactions are processed through a secure, PCI-compliant payment gateway. Koena Atelier does not store, retain, or have access to your full card details at any point.
4.6 Payment must be received in full and confirmed before an order is processed or dispatched. EFT payments must reflect within 2 business days of placing an order. Orders where payment has not reflected within this window may be cancelled, and the item may be made available to other customers.
4.7 In the event of a pricing error on the Website, we reserve the right to cancel an order placed at an incorrect price, even after confirmation has been sent. We will notify you promptly and issue a full refund.
4.8 Where instalment payment options are made available through a third-party provider, those transactions are governed by the third party’s own terms and conditions. Koena Atelier accepts no liability for any dispute arising between you and a third-party payment provider.
5. ORDERING
5.1 Placing an item in your cart does not constitute a confirmed order or guarantee availability.
5.2 An order is placed when you complete the checkout process and receive an order confirmation via email. This confirmation constitutes our acknowledgement of your order, but not yet our acceptance.
5.3 Our acceptance of your order — and the formation of a binding contract between us — occurs when payment is confirmed and we send a dispatch notification.
5.4 We reserve the right to decline or cancel any order at our discretion, including where: a product is no longer available, a pricing error has occurred, we suspect fraudulent activity, or we are unable to verify your payment. In such cases, a full refund will be issued promptly.
5.5 It is your responsibility to ensure that all order details, including your delivery address and contact information, are accurate at the time of purchase. We cannot be held liable for non-delivery resulting from incorrect or incomplete information provided by you.
6. DELIVERY
6.1 We deliver within South Africa only. International orders are not accepted unless agreed in writing on a case-by-case basis.
6.2 Estimated delivery timeframes are as follows:
- Cape Town and Johannesburg: 2–4 working days from dispatch
- All other South African destinations: 3–7 working days from dispatch
- Remote or rural areas: may extend beyond 7 working days; we will communicate any delays prior to dispatch
6.3 Delivery timeframes are estimates and not guarantees. We are not liable for delays caused by courier partners, force majeure events, public holidays, or circumstances beyond our reasonable control.
6.4 All orders are dispatched via a trusted courier partner. Fragile or high-value items — including original artworks and ceramic homeware — are packed by hand and may, at our discretion, be dispatched via a specialist art courier service.
6.5 Tracking information will be provided via email upon dispatch. It is your responsibility to monitor your tracking and ensure someone is available to receive delivery at the indicated address.
6.6 If a delivery is unsuccessful due to no one being available at the delivery address, or due to an incorrect address having been provided, any re-delivery costs will be for your account.
6.7 Risk in the goods passes to you upon delivery. Once an order has been received and signed for, the courier’s obligations are fulfilled and Koena Atelier’s liability for transit-related damage ceases.
6.8 Delivery costs are non-refundable except in cases where Koena Atelier is at fault for non-delivery or delivery of a damaged item.
7. RETURNS, EXCHANGES, AND REFUNDS
7.1 In accordance with the Consumer Protection Act 68 of 2008, you are entitled to return goods that are defective, not fit for purpose, or materially different from how they were described at the time of sale.
7.2 We do not accept returns or offer refunds on the basis of a change of mind once an order has been dispatched. We encourage all customers to review product descriptions, dimensions, materials, and photographs carefully before purchasing. Private viewings of high-value pieces may be arranged on request prior to purchase.
7.3 If your order arrives damaged, please:
- Retain all original packaging
- Photograph the damage, including to the outer packaging
- Contact us at info@studiokoena.co.za within 48 hours of receipt We will assess the damage and, where it is attributable to our packaging or our courier partner, offer a replacement, repair, or refund at our discretion.
7.4 As set out in Clause 3.3, natural variations in texture, colour, glaze, grain, and finish inherent to hand-made products do not constitute damage or misrepresentation, and do not entitle you to a return or refund.
7.5 In the event that a refund is approved, it will be processed to your original payment method within 7–10 business days. We are not liable for delays caused by your bank or payment provider.
7.6 Custom commissioned pieces are non-returnable and non-refundable once the commission process has commenced, except where the final piece is materially defective.
7.7 Where goods are returned and the return is accepted, they must be returned in their original condition and packaging. We reserve the right to decline a refund or reduce the refund amount where returned goods are not in the condition in which they were dispatched.
8. INTELLECTUAL PROPERTY
8.1 All content on the Website — including but not limited to text, copy, photography, branding, logos, artwork images, and product descriptions — is the intellectual property of Koena Atelier and/or the contributing artists and makers, and is protected under South African copyright law.
8.2 You may not copy, reproduce, modify, distribute, publish, transmit, or create derivative works from any content on the Website without our express prior written consent.
8.3 Original artworks purchased through Koena Atelier are sold as physical objects only. The sale of a physical artwork does not transfer copyright, reproduction rights, or any other intellectual property rights in the work to the buyer. The artist retains all moral and intellectual property rights in their work.
8.4 If you wish to reproduce an image of a purchased artwork for personal, non-commercial use (such as on social media), we ask that you credit the artist and tag Koena Atelier. Commercial use of any artwork image requires written permission from the artist and Koena Atelier.
9. PRIVACY AND DATA PROTECTION
9.1 We collect and process personal information in accordance with our Privacy Policy, which is incorporated into these Terms by reference and is available on the Website.
9.2 By placing an order, you consent to the collection and use of your personal information for the purposes of processing your order, administering your account, communicating with you about your purchases, and where you have opted in, sending you marketing communications.
9.3 We do not sell, rent, or share your personal information with third parties, except where necessary to fulfil your order (for example, sharing your delivery address with our courier partner) or where required by law.
9.4 All personal information is handled in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA).
10. LIMITATION OF LIABILITY
10.1 To the fullest extent permitted by South African law, Koena Atelier shall not be liable for any indirect, incidental, special, or consequential loss or damage arising from your use of the Website or from any purchase made through it.
10.2 Our total liability to you in respect of any order shall not exceed the total amount paid by you for that order.
10.3 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be limited or excluded under applicable law, including the Consumer Protection Act 68 of 2008.
11. FORCE MAJEURE
11.1 We shall not be liable for any delay or failure to perform our obligations under these Terms where such delay or failure results from circumstances beyond our reasonable control, including but not limited to: natural disasters, civil unrest, power outages, courier service disruptions, acts of government, or any other event of force majeure.
11.2 In such circumstances, we will communicate with you as promptly as possible and work to resolve the situation. If we are unable to fulfil your order, a full refund will be issued.
12. GOVERNING LAW AND DISPUTES
12.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa.
12.2 In the event of a dispute, we encourage you to contact us in the first instance at dispute@studiokoena.co.za so that we may attempt to resolve the matter amicably.
12.3 If a dispute cannot be resolved amicably, it shall be referred to the jurisdiction of the South African courts. For consumer disputes, you also have the right to approach the National Consumer Commission or a relevant ombud in terms of the Consumer Protection Act 68 of 2008.
13. GENERAL PROVISIONS
13.1 If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
13.2 Our failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce that provision in the future.
13.3 These Terms constitute the entire agreement between you and Koena Atelier in relation to your use of the Website and any purchases made through it, and supersede all prior communications or representations.
13.4 You may not cede, assign, or transfer any of your rights or obligations under these Terms to any third party without our prior written consent.
For questions regarding these Terms, please contact us at info@studiokoena.co.za