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Terms & Conditions

INTELLECTUAL PROPERTY RIGHTS

  • 1.1 All content included on the Site such as text, images, graphics, button icons, images, audio clips, databases, software, and names, images, and logos or marks identifying africanArtcollection is the property of africanArtcollection and protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of africanArtcollection and is protected by South Africa and international copyright laws. All the artwork displayed on the site are owned and are part of a private collection.
  • 1.2 Any misuse of the content on the Site, including without limitation, reproduction, modification, distribution or republication of any part of such materials without the prior written permission of africanArtcollection, is strictly prohibited.
  • 1.3 Nothing contained in these Terms and Conditions shall be construed as conferring upon you, expressly or by implication, any licence or right to use any trademark, patent, design right or copyright owned by africanArtcollection.

CONTENT DISPLAYED ON THE SITE

  • 2.1 You agree that the images of the Works displayed on the Site (“Site Images”) are guidelines only.
  • 2.2 africanArtcollection has taken reasonable care to ensure that the Works are presented as accurately as possible and will accept no responsibility for differences between the Site Images and the actual Works.
  • 2.3 The Site and its content, including but not limited to the Site Images, may not be copied, modified, reproduced, republished, posted, transmitted, transferred or sold, displayed, or in any way exploited, in whole or in part, except as is expressly permitted by africanArtcollection.

PRODUCT AVAILABILITY

  • 3.1 africanArtcollection shall not be liable, directly or indirectly, for any loss or damages of whatsoever nature suffered by you due to the unavailability of any Works featured on the Site for any reason whatsoever.

PAYMENT AND DELIVERY POLICY

  • 4.1 Once you enquire about a product, we will respond within 24 hours confirming availability of the product and a requesting details for delivery. Following confirmation of purchase, an invoice will follow and upon clearing of funds in our account, we will package and ship the painting. Note that the prices quoted on the site does not include delivery.
  • 4.2 We currently accept electronic payment / international wire transfer and Paypal. Please note that Paypal does not currently support domestic transactions.
  • 4.3 Domestic deliveries will be shipped using a courier service while international deliveries will be shipped using FedEx.

VIOLATION AND WAIVER

  • 5.1 If africanArtcollection should fail to enforce any right or provision in the Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in the Terms and Conditions.
  • 5.2 If a court should find that one or more rights or provisions set forth in the Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.

PERSONS UNDER THE AGE OF 18

  • 6.1 If you are under 18 years of age you agree that you have had your parents or legal guardians permission to send any information to us about yourself or anyone else over the internet.
  • 6.2 africanArtcollection makes no representations or warranties to the effect that the contents of this Site are suitable for people under the age of 18.

CHANGES TO THE SERVICES AND THESE TERMS

  • 7.1 The Services are updated frequently, and their form and functionality may change without notice. We reserve the right to change, modify, add, remove or discontinue the appearance, design, functionality, and all other aspects of any and all of the Services, in whole or in part, temporarily or permanently, with or without notice, for any or no reason, at any time at our sole discretion.
  • 7.2 You agree that we will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to the Services, including, but not limited to, any loss of or inability to do business or to provide or use any product, service or Content.
  • 7.3 Our business changes with time, and these Terms will change also. We reserve the right to change these Terms from time to time at our sole discretion, including the right to change, modify, add or remove any part of these Terms.
  • 7.4 All changes to these Terms will be effective when posted on the Services, or at such later date as may be specified in the updated Terms.
  • 7.5 By continuing to use the Services after any changes to these Terms become effective, you agree to be bound by such changes and the updated Terms.
  • 7.6 You agree that we may notify you of any changes to these Terms by posting the updated Terms on the Services, and you agree to review these Terms regularly and inform yourself of all applicable changes.
  • 8.5 Changes to these Terms will not apply to any claim, action or dispute that arose before such changes became effective, all of which will remain subject to the version of these Terms in effect at the time that such claim, action or dispute arose.
  • 8.6 You agree that we will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to these Terms, including, but not limited to, any loss of or inability to do business or to provide or use any product, service or Content.

Changes updated 11 November 2014.