Terms of service

ART IMAGES TERMS AND CONDITIONS

1.            Introduction

  • This website can be accessed at artimages.co.za, (the “Website”) and is owned and operated by Risk & Contractual Services trading as Art Images. (“Art Images”, “we”, “us” and “our”).
  • These Website Terms and Conditions (“Terms and Conditions”, “Terms”) govern the ordering, sale and delivery of Goods, and the use of the Website.
  • Art Images offers this website, including all information, tools and services available from this site to you, the user, subject to your acceptance of the Terms and Conditions, policies and notices stated herein.
  • By accessing and / or using this website, you agree to be bound by the Terms and Conditions and all policies listed on this website, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
  • Art Images reserves the right to change these Terms and Conditions as the need arises. New terms and conditions replace and supersede previous Terms and Conditions.
  • The Website enables you to shop online for an extensive range of goods including, original and reproduced art, home and kitchenware, books, bibles, journals, pet products, and more (“Goods”).
  • By using this Website in any way, you are deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
2.            Important Notice
  • These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
  • If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Art Images to explain it to you before you accept the Terms and Conditions or continue using the Website.
  • Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Art Images in terms of the CPA.
3.            Returns

Please refer to our Returns Policy for more information about returning products and related refunds, replacements or repairs. The Returns Policy is incorporated by reference and it forms part of these Terms and Conditions.

4.            General Conditions
  • The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
  • We reserve the right to refuse service to anyone for any reason at any time.
  • By using the Website you warrant that you are 18 (eighteen) years of age or older and/or have full legal capacity to transact.
  • If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and under the supervision of your parent or legal guardian.
  • The legal guardian of any person/s using this Website under supervision gives his/her consent and agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions. Where transactions are performed under such supervision, any reference in these Terms and Conditions to a User, "you"/ "your" shall be references to such legal guardian as the transacting party under these Terms and Conditions.
  • You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic devices, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Art Images representative. Such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website.

You agree that you will not in any way display, reproduce, duplicate, publish, copy, print, sell, resell, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Art Images representative.

You may not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms and Conditions will result in an immediate termination of your Services and you will be held liable for any damages incurred by us.

5.            Modifications to the Service and Prices
  • Prices for our Goods are subject to change without notice.
  • We reserve the right at any time to modify or discontinue the Goods or Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
  • We reserve the right to limit the sales of our Goods or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
  •  All descriptions of Goods or Goods pricing are subject to change at any time without notice, at our sole discretion.
  •  Art will indicate the acceptance of your order by delivering the Goods to you or arranging with you to collect them, and only at that point will an agreement of sale between you and Art Images come into effect (the “Sale”). This is regardless of any communication from Art Images stating that your order or payment has been confirmed. Art Images will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you the amount already paid.
  • Prior to delivery or your collection of the Goods, you may cancel an order at any time before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods in accordance with the Returns Policy.
  •  Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available, or the price thereof might change without notice to you. Art Images is not liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
  • You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. Art Images will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Art Images will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
6.            Accuracy of Billing
  • In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
  • You agree to provide current, complete and accurate purchase and personal information for all purchases made at our store so that we can complete your transactions and contact you as needed.
7.            Payments
  • Payment may be made via Visa and MasterCard credit cards, Payfast Instant EFT, Mobicred or by bank transfer directly into Art Images bank account. Cash deposits are not recommended and any cash deposit fees will be carried by the User.
  • Credit card transactions will be processed via PayFast (Pty) Ltd who are an Online Payment Processor for South Africa. PayFast uses the strictest form of encryption, namely Secure Socket Layer (SSL) technology, 256 bit encryption, 3D secure (https://www.payfast.co.za/c/std/3d-secure-buyer) and no credit card details are stored on the website. Users may go to www.payfast.co.za to view their security certificate and security policy.
  • Customer details will be stored by Art Images separately from card details which are entered by the client on PayFast's secure site.

 8.            Linking to third party websites 

  • This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control. These Terms and Conditions do not apply to those Third Party Websites and Art Images is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
  • Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
  • Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
9.            Delivery of goods
  • Art Images offers 3 (Three) methods of delivery of Goods to you. You may elect delivery via:
    • Courier;
    • Delivery by Art Images staff in the Greater Johannesburg Metropolitan area; or
    • Self-collection.
  • Our delivery charges are subject to change at any time, without prior notice. You will see the applicable delivery charges in your cart when you check out.
  • Where it accepts your order, Art Images will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days after receipt of your payment in our bank account (“Delivery Period”).
  • We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
  • Art Images’ obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Art Images is not responsible for any loss or unauthorised use of a product after it has been delivered the product to the physical address nominated by you.

 10.         Errors

  • We take all reasonable steps to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
  • Art Images shall not be bound by any incorrect information regarding our Goods displayed on any third party websites. 
11.         Gift Vouchers
  • Art Images may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) available for use on the Website towards the purchase of Art Images Goods.
  • Gift Vouchers are valid for 12 (twelve) months after the date of issue. If your Voucher has not been used within that period, it will expire.
  • Gift Vouchers cannot be used to buy other Gift Vouchers. They do not accrue interest and are not refundable for cash once purchased. If your Gift Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
  • Art Images is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher, after it has delivered the Gift Voucher to you or the email address nominated by you. 
12.         Personal Information
  • Your submission of personal information through the store is governed by our Privacy Policy which is available to view on this site.
  • The private information required for executing the orders placed through the e-commerce facility, namely the User's personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by Art Images and will not be sold or made known to third parties, other than as required to fulfil our obligations under these Terms and Conditions.
  • User’s personal details may be used by Art Images to make customers aware of relevant promotions, marketing and discounts.
13.         Disclaimer
  • The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
  • Whilst Art Images takes reasonable measures to ensure that the content of the Website is accurate and complete, we make no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
  • Art Images disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
  • Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
  • Any views or statements made or expressed on the Website are not necessarily the views of Art Images, its directors, employees and/or agents.
  • In addition to the disclaimers contained elsewhere in these Terms and Conditions, Art Images also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Art Images, its employees, agents or authorised representatives. Art Images thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website. 
14.         Ownership and copyright
  • The contents of the Website (“Website Content”), are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Art Images, its advertisers and/or sponsors and/or is licensed to us.
  • You will not acquire any right, title or interest in or to the Website or the Website Content.
  • Any use, distribution or reproduction of the Website Content is prohibited.
  • Where any of the Website Content has been licensed to Art Images or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

 

15.         Indemnification

You hereby indemnify Art Images against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third party website.

16.         Severability

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

17.         Termination
  • At any time, you can choose to stop using the Website, with or without notice to us.
  • The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
18.         Governing law and jurisdiction 
  • These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
19.         Entire Agreement
  • The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
  • These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Goods and Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions.
  • Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.