TERMS AND CONDITIONS
AFRICANFINEARTGALLERY acts as a Service Provider for South African artists looking to sell their artwork online and those interested in purchasing South African artwork online.
By browsing the site, you agree to and accept all the AFRICAN FINE ART GALLERY terms & conditions which are as follows:
The images of the artworks published on the site are representations only. AFRICAN FINE ART GALLERY has taken reasonable care to ensure that the artworks are presented as accurately as possible and will accept no responsibility for differences between site images and the actual artworks.
TERMS & CONDITIONS OF USE
These Terms and Conditions are governed by the laws of the Republic of South Africa.
This website is operated by AFRICAN FINE ART GALLERY.
The User consents to the jurisdiction of a South African High Court in the event of any disputes arising out of or in connection with the use of this site.
AFRICAN FINE ART GALLERY has the right, in its sole discretion, to commence and pursue proceedings in alternative jurisdictions.
These terms & conditions constitute the entire agreement between the AFRICAN FINE ART GALLERY and the User with regard to the use of this website and the site content.
If any provision of these terms & conditions are found by a court to be to any extent illegal, otherwise invalid or incapable of being enforced, such provision shall be excluded to the extent of such invalidity or unenforceability, and all other terms shall remain in full force and effect.
If AFRICAN FINE ART GALLERY fails to enforce any right or provision in these terms & conditions, such failure shall not be construed as a waiver of such right or provision or of any other rights or provisions in these terms & conditions.
If the User accesses this AFRICAN FINE ART GALLERY website from locations, countries or territories outside of South Africa, the User is responsible for compliance with the local laws of such locations, countries or territories.
USAGE
The User may only use this Site for the purposes of browsing its content and / or making legitimate purchases of artworks available for sale on this site. This site may not be used for illegal, unauthorised, fraudulent or speculative purposes.
The User may not :
Use any Site Content, material or information in any manner that infringes any copyright, trademark or other proprietary right of AFRICAN FINE ART GALLERY, Artist or any other party.
Use the Site in any manner that could damage, disable, overburden or impair the site or interfere with any other User’s or party’s use and enjoyment of the site.
Attempt to gain unauthorised access to any of the services, other accounts, computer systems or networks connected to the site through hacking, password mining or any other means.
Transmit or distribute any virus or malicious material.
Make contact with any other User, directly or indirectly, for the purposes of sending any unsolicited advertising or promotional material.
Post advertisements or links to any other websites, including social networking sites, without the express written permission from AFRICAN FINE ART GALLERY.
In order to contract with AFRICAN FINE ART GALLERY, the User must be older than 18 years of age and possess a valid credit card or debit card issued by a bank or financial institution acceptable to AFRICAN FINE ART GALLERY. AFRICAN FINE ART GALLERY has the right to request all and any information relating to the identity and age of the User.
The User warrants that all information and details supplied by the User to AFRICAN FINE ART GALLERY is accurate, true and correct. Users of the site understand that exposure to sensitive content may occur and browsing of the site is at the User’s own risk.
THE ARTIST
In order for an artist to make artwork available for sale online, the artist will be required to:
Complete an online application form;
Submit a photograph of artwork complying with certain specifications with detailed descriptions of the Artwork, including the medium and dimensions and the price for the submitted artwork;
Upload a photograph of the artist;
Provide a brief biography;
Submit the application to AFRICAN FINE ART GALLERY.
By submitting the application, the artist agrees to accept AFRICAN FINE ART GALLERY’s Terms and Conditions.
In submitting the application the artist warrants that all information provided is true and correct. The artist understands that any misstatement or non-disclosure made by the artist may invalidate any sale and may cause AFRICAN FINE ART GALLERY to terminate its services.
Once AFRICAN FINE ART GALLERY receives notification of the application, AFRICAN FINE ART GALLERY will notify the artist by e-mail as to whether the application is accepted or not. Mere submission does not guarantee acceptance.
If an artist’s application is accepted, a contract comes into being between AFRICAN FINE ART GALLERY and the artist, who shall submit artwork for electronic format inclusion in the online gallery. The photographs, descriptions and biography supplied by the artist will be used by AFRICAN FINE ART GALLERY on the site for the purpose of online display and sale of the artist’s work on non-exclusive basis.
Artists agree to respect the AFRICAN FINE ART GALLERY marketplace and not attempt to direct traffic away from AFRICAN FINE ART GALLERY to make personal contact or sales outside of AFRICAN FINE ART GALLERY.
The artist is responsible for packaging and completing all travel documentation for local and international purchases, including all paperwork for customs where applicable.
INTELLECTUAL PROPERTY RIGHTS
All content included on the AFRICAN FINE ART GALLERY site is the property of AFRICAN FINE ART GALLERY or the artist and is protected by South African and international copyright laws.
The compilation of the content on the AFRICAN FINE ART GALLERY site belongs to and is the exclusive property of AFRICAN FINE ART GALLERY.
All Artwork is owned by the relevant artist and the copyright of the artwork remains with the originating artist.
The artist warrants that he/she :
is the creator and originator of the Artwork;
created the work personally without infringing any other artist’s copyright;
holds the right, title, interest and ownership in and to the artwork represented by him/her on the site and owns or possesses unencumbered title to the work;
has not sold the copyright of the artwork to anyone;
has not granted permission or licence to anyone to use, copy or reproduce his/her artwork for any purpose whatsoever except if the artists represented on the site give permission to and grants a licence to AFRICAN FINE ART GALLERY to upload images of the artwork provided by the artist on the site and other online platforms for the purposes of advertising, marketing and selling of the artwork and promotion of the AFRICAN FINE ART GALLERY site.
The artist warrants that the descriptions of the artwork that he/she has provided to AFRICAN FINE ART GALLERY are true and accurate.
The sale of the copyright in an artwork is not part of the sale of an artwork in this site.
The artist acknowledges that AFRICAN FINE ART GALLERY’s use of the submitted material as contemplated in these terms & conditions does not constitute an infringement of the artist’s copyright.
TERMS OF SALE
The buyer, by placing an order, offers to purchase an artwork on and subject to the terms and conditions set out herein. All orders are subject to availability and confirmation by AFRICAN FINE ART GALLERY.
Where the artist sells the artwork privately, the artist must notify AFRICAN FINE ART GALLERY immediately of such private sale such that AFRICAN FINE ART GALLERY can remove the artwork from the site. Failure of the artist to notify AFRICAN FINE ART GALLERY of a private sale constitutes a breach of these terms & conditions and could result in AFRICAN FINE ART GALLERY removing the artist from the site and could also result in AFRICAN FINE ART GALLERY having a damages claim against the artist in the event of AFRICAN FINE ART GALLERY being sued and the artist shall be responsible for all and any costs incurred by AFRICAN FINE ART GALLERY and all and any damages suffered by AFRICAN FINE ART GALLERY, including but not limited to courier charges, payment gateway charges, processing and administration charges and bank charges.
Dispatch times and delivery times vary and are dependent on and subject to courier services, availability and delays.
Once the buyer has placed an order, AFRICAN FINE ART GALLERY may accept or decline the order depending on the availability of the artwork and receipt of payment or payment authorisation by AFRICAN FINE ART GALLERY.
On receipt of an order AFRICAN FINE ART GALLERY will contact the artist to advise of the order. The artist shall confirm and warrant that the artwork is still available for sale. Whereafter, AFRICAN FINE ART GALLERY shall log into the PayFast system and accept the order and notify the buyer of acceptance of the order. Only at this point will a legally binding agreement of sale between the buyer and the artist come into effect.
Placing artwork in a shopping basket without completing the purchase cycle does not constitute an order for such artwork.
PAYMENT TO THE ARTIST
Payment to the artist is released by AFRICAN FINE ART GALLERY 14 calendar days after delivery of the artwork to the buyer.
PRICES
All prices of artwork are listed on the Site in USD United States Dollars.
The prices are set by the artist and include Value Added Tax (if applicable) and AFRICAN FINE ART GALLERY’s commission of 50%.
The price displayed does not include delivery or insurance costs, which costs will be displayed at the checkout point.
Packaging costs are the responsibility of the artist.
The artist may advertise, market and sell his/her artwork privately but may only do so at and for a price no less than the price published on this site.
PAYMENT
ONLINE PAYMENTS
AFRICAN FINE ART GALLERY accepts payment by credit card or debit card.
All prices of artwork are listed on the Site in ZAR South African Rands, USD United States Dollars, EUR Euros and GBP British Pounds Sterling.
The purchase price of all artworks is billed in USD United States Dollars.
Payments are to be made in USD United States Dollars.
All online payments are processed by the PayFast Payment Gateway. Go go to www.PayFast.co.za to view PayFast’s security and privacy policies. The buyer is responsible for the calculation of currency exchange rates.
Artwork will only be dispatched once payment has been received by AFRICAN FINE ART GALLERY.
Costs of delivery and insurance of the artwork is for payment by the buyer.
For deliveries to foreign countries or remote areas within the United States, the buyer is solely responsible for the payment of any customs and excise import duties and for all foreign local requirements relating inter alia to permits, product restrictions.
Packaging and packaging costs are the responsibility of the artist.
SHIPPING AND DELIVERY
Artwork is dispatched and delivery arranged on receipt of payment of the full purchase price and delivery and insurance costs by AFRICAN FINE ART GALLERY in the AFRICAN FINE ART GALLERY bank account.
Once a sale is confirmed by AFRICAN FINE ART GALLERY, AFRICAN FINE ART GALLERY shall immediately notify the artist. AFRICAN FINE ART GALLERY shall liaise with a courier service provider to arrange for collection from the artist (with a tracking number) and delivery to the buyer.
The Artist is responsible for the preparation and packaging of the Artwork for transit according to the standards laid down by the courier service. The onus is on the Artist to ensure the DHL packaging guidelines are followed.
Delivery costs and times vary depending on the size and nature of the artwork and on the location of the place where the delivery is to take place.
Shipping and delivery costs are calculated by the courier service company according to the volumetric weight, width and height of the artwork concerned.
RETURNS, REFUNDS AND CANCELLATIONS
Where the buyer finds that the artwork received does not conform with the specifications, standard or quality of the order as represented on the site, the buyer shall be afforded a period of 7 days calculated from the date of receipt of delivery of the artwork within which to cancel the contract, return the artwork at the buyer’s cost to the artist in its original packaging, undamaged and in the same order and condition as it was received, whereupon the buyer shall receive a refund of the purchase price (which is the amount paid for the artwork and does not include any delivery or insurance costs).
This right to cancel does not apply to commissioned artworks.
The Buyer acknowledges that the images of the artworks displayed on the site are guidelines only.
AFRICAN FINE ART GALLERY has taken reasonable care to ensure that the artworks are presented as accurately as possible and will accept no responsibility for differences between site images and the actual artworks.
AFRICAN FINE ART GALLERY relies on the artwork information supplied by the artist and accordingly bears no liability for any inaccuracies in the information supplied to it.
In the event that the artwork is delivered to the buyer in a damaged state, the buyer shall contact AFRICAN FINE ART GALLERY immediately, send a detailed description including a photograph of the damaged item and shall arrange for the return of the artwork to the artist within 7 days, calculated from the date of receipt of delivery of the artwork, whereupon the buyer shall receive a refund of the purchase price (which is the amount paid for the artwork and does not include any delivery or insurance costs). The buyer is responsible for the packaging, insurance, delivery and delivery costs of the artwork to the artist and is responsible for ensuring that the artwork is returned in the same condition as it was on receipt in the same packaging as it was in when delivered.
This refund policy applies only for a period of 7 calendar days calculated from the date of delivery of the artwork to the buyer. Thereafter, returns are not permissible.
AFRICAN FINE ART GALLERY will refund the purchase price by reversing the payment (which is the amount paid for the artwork and does not include any delivery and insurance costs) to the same nominated bank account from which the buyer made the purchase. No third party payments will be made.
PRIVACY POLICY
Users of this site will be required to provide AFRICAN FINE ART GALLERY with personal information relating inter alia to the user’s name, postal address, physical address, telephone contact numbers and email address.
AFRICAN FINE ART GALLERY may collect information of the user’s internet service provider and the internet address through which the User has accessed the site, the dates and times of access to the site, pages and links accessed. AFRICAN FINE ART GALLERY shall have the right to use this information for the purposes of user identification, marketing policies and the development, enhancement and accessibility of the site.
AFRICAN FINE ART GALLERY will not sell or share any information provided by the user with or to any third parties other than providing delivery addresses to the courier agent and information required by the internet payment gateway in the event of a purchase.
Banking details and payment information will be used by the payment gateway service provider for the purpose of completing the transaction. All such information is protected by the standard gateway processes provided and by the internet payment gateway.
Users are encouraged to access and read the payment gateway site www.PayFast.co.za
DEFINITIONS
ARTIST : The artistic creator of the original artwork who owns the artwork and who is selling the artwork on the AFRICAN FINE ART GALLERY website.
ARTWORK : Any piece of original work or reproduction or print being offered for sale on this AFRICAN FINE ART GALLERY website.
COPYRIGHT : The exclusive and assignable legal right belonging to the creator of artwork which protects the creator’s original physical expression of ideas or images.
ORIGINAL : The singular and unique piece of work produced personally and directly by the artist, as opposed to a copy, imitation, photocopy, reproduction or print.
REPRODUCTION or PRINT : The singular and unique piece of work reproduced personally and entirely by the artist.
USER : Any person who browses or uses the AFRICAN FINE ART GALLERY website for any purpose.
BUYER : Any person who buys Artwork from the AFRICAN FINE ART GALLERY website.
PERSON : Includes any individual, any company incorporated or registered as such under any law, any body of persons corporate or unincorporate, any business and any juristic entity.
SERVICE PROVIDER : AFRICAN FINE ART GALLERY
SITE : The website of the Service Provider: www.africanfineartgallery.com
SITE CONTENT : All information contained and posted on the AFRICAN FINE ART GALLERY website, including inter alia data, text, images, photographs, paintings, drawings, graphics, artwork, profiles, resumes, links.
DAYS : Calendar days, reckoned exclusively of the first day and inclusively of the last day.
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