Terms & Conditions – Buy My Art Online
 

TERMS AND CONDITIONS

BUYMYART.ONLINE acts as a Service Provider for South African artists looking to sell their artwork online and people interested in purchasing South African artwork online.

This site is operated by BUYMYART.ONLINE which is a South African operation (QK Hosting CC trading as BUYMYART.ONLINE) based in Cape Town, South Africa.

By accessing the Site, users agree to and accept all the BUYMYART.ONLINE Terms and Conditions. These Terms and Conditions comprise :

BUYMYART.ONLINE reserves the right to update, alter, change and / or amend the Terms and Conditions at any time. Such updates and amendments shall be effective immediately upon publication on the website www.buymyart.online

The images of the Artworks displayed on the Site are guidelines only. BUYMYART.ONLINE 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.

DEFINITIONS

ARTIST : The artistic creator of the original Artwork who owns the Artwork and who is selling the Artwork on the BUYMYART.ONLINE website.

ARTWORK : Any piece of original work or reproduction or print being offered for sale on this BUYMYART.ONLINE website. Artwork does not include photographs, sculptures, ceramics or textiles.

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 BUYMYART.ONLINE website for any purpose.

PURCHASER : Any person who buys Artwork from the BUYMYART.ONLINE 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 : BUYMYART.ONLINE

SITE : The website of the Service Provider, namely www.buymyart.online

SITE CONTENT : All information contained and posted on the BUYMYART 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.

TERMS AND CONDITIONS OF USE

This website is controlled, operated and administered by the Service Provider BUYMYART.ONLINE from its premises in Cape Town, South Africa. These Terms and Conditions are governed by the laws of the Republic of South Africa.

The User consents to the jurisdiction of the Western Cape High Court in the event of any disputes arising out of or in connection with the use of this Site.

The Service Provider has the right, in its sole discretion, to commence and pursue proceedings in alternative jurisdictions.

These Terms and Conditions constitute the entire agreement between the Service Provider and the User with regard to the use of this website and the Site Content.

If any provision of these Terms and 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 BUYMYART fails to enforce any right or provision in these Terms and 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 and Conditions.

If the User accesses this BUYMYART.ONLINE 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 the Service Provider, 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 BUYMYART.ONLINE.
In order to contract with BUYMYART.ONLINE, 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 BUYMYART.ONLINE. BUYMYART.ONLINE 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 BUYMYART.ONLINE 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 3 to 4 photographs of Artwork complying with certain specifications with detailed descriptions of the Artwork, including the medium and dimensions and the price for such Artwork
  • Upload a photograph of the Artist
  • Provide a brief biography
  • Submit the application to BUYMYART.ONLINE
  • By submitting the application, the Artist agrees to accept BUYMYART.ONLINE'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 BUYMYART.ONLINE to terminate its services.

Once BUYMYART.ONLINE receives notification of the application, BUYMYART.ONLINE will notify the Artist by email 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 BUYMYART.ONLINE 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 BUYMYART.ONLINE on the Site for the purpose on online display and sale of the Artist's work on non-exclusive basis.

BUYMYART.ONLINE acts as a service provider in facilitating a platform where the Artist can sell Artwork.

Artists agree to respect the BUYMYART.ONLINE marketplace and not attempt to direct traffic away from BUYMYART.ONLINE to make personal contact or sales outside of BUYMYART.ONLINE. This includes posting information in Artist profiles or Artwork descriptions which include websites and social media.

Where a Purchaser enquiry has been made through BUYMYART.ONLINE, the Artist agrees to complete the transaction with that User through BUYMYART.ONLINE.

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 BUYMYART.ONLINE Site is the property of BUYMYART.ONLINE or the Artist and is protected by South African and international copyright laws.

The compilation of the content on the BUYMYART.ONLINE Site belongs to and is the exclusive property of BUYMYART.ONLINE.

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 (save as provided below*).
The Artist warrants that the descriptions of the Artwork that he / she has provided to BUYMYART.ONLINE are true and accurate.

The sale of the copyright in an Artwork is not part of the sale of an Artwork in this Site.

A Purchaser and an Artist may conclude a separate transaction for the sale and purchase of copyright in an Artwork by written agreement between themselves.

* The Artists represented on the Site give permission to and grants a licence to BUYMYART.ONLINE 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 BUYMYART.ONLINE Site.

The Purchaser is granted permission to electronically copy and print portions of the Site for the sole purpose of placing an order for the purchase of an Artwork with BUYMYART.ONLINE.

The Artist acknowledges that BUYMYART.ONLINE's use of the submitted material as contemplated in these Terms and Conditions does not constitute an infringement of the Artist's copyright.

TERMS OF SALE

The Purchaser, 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 BUYMYART.ONLINE.

Where the Artist sells the Artwork privately, the Artist must notify BUYMYART.ONLINE immediately of such private sale such that BUYMYART.ONLINE can remove the Artwork from the Site or mark the Artwork as sold. Failure of the Artist to notify BUYMYART.ONLINE of a private sale constitutes a breach of these Terms and Conditions and could result in BUYMYART.ONLINE removing the Artist from the Site and could also result in BUYMYART.ONLINE having a damages claim against the Artist in the event of BUYMYART.ONLINE being sued.

Dispatch times and delivery times vary and are dependent on and subject to postal or courier services, availability and delays.

CONCLUSION OF SALE

Once the Purchaser has placed an order, BUYMYART.ONLINE may accept or decline the order. Whether the order is accepted or declined depends on the availability of the Artwork and receipt of payment or payment authroisation by BUYMYART.ONLINE.

On receipt of an order BUYMYART.ONLINE will contact the Artist to advise of the order. The Artist shall confirm and warrant that the Artwork is still available for sale. Whereafter, BUYMYART.ONLINE shall log into the Wirecard system and accept the order and notify the Purchaser of acceptance of the order. Only at this point will a legally binding agreement of sale between the Purchaser 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 BUYMYART.ONLINE 15 calendar days after delivery of the Artwork to the Purchaser.

PRICES

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 prices are set by the Artist and include Value Added Tax (if applicable) and BUYMYART.ONLINE's commission of 30%.

The price displayed does not include delivery or insurance costs, which costs will be displayed at the checkout point.

Packaging and 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.

Where artist sells privately, the Artist must notify BUYMYART.ONLINE immediately such that BUYMYART.ONLINE can remove the Artwork from the Site or mark the Artwork as sold.

Where the Artist fails to notify BUYMYART.ONLINE of a private sale or defaults on the transaction having confirmed the availability of the Artwork, the Artist shall be responsible for all and any costs incurred by BUYMYART.ONLINE and all and any damages suffered by BUYMYART.ONLINE, including but not limited to courier charges, payment gateway charges, processing and administration charges and bank charges.

PAYMENT

ONLINE PAYMENTS

BUYMYART.ONLINE 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 South African Rands.

Payments are to be made in South African Rands.

All online payments are processed by the Wirecard Payment Gateway.

Consumers may go to www.wirecard.co.za to view Wirecard's security and privacy policies.

Online payments through Wirecard are processed in South African Rands. The Purchaser is responsible for the calculation of currency exchange rates.

Artwork will only be dispatched once payment has been received by BUYMYART.ONLINE.

Costs of delivery and insurance of the Artwork is for payment by the Purchaser.

For deliveries to foreign countries or remote areas within South Africa, the Purchaser 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 BUYMYART.ONLINE in the BUYMYART.ONLINE bank account.

Once a sale is confirmed by BUYMYART.ONLINE, BUYMYART.ONLINE shall immediately notify the Artist who shall be responsible for the delivery of the Artwork to the Purchaser. BUYMYART.ONLINE shall liaise with a courier service provider to arrange for collection from the Artist (with a tracking number).

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.

DHL terms & conditions

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 Purchaser finds that the Artwork received does not conform with the specifications, standard or quality of the order as represented on the Site, the Purchaser 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 Purchaser's cost to the Artist in its original packaging, undamaged and in the same order and condition as it was received, whereupon the Purchaser 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 Purchaser acknowledges that the images of the Artworks displayed on the Site are guidelines only.

BUYMYART.ONLINE 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.

BUYMYART.ONLINE 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 Purchaser in a damaged state, the Purchaser shall contact BUYMYART.ONLINE 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 Purchaser 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 Purchaser 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. Where possible, the Artwork is to be returned 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 Purchaser. Thereafter, returns are not permissible.

BUYMYART.ONLINE 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 Purchaser made the purchase. No third party payments will be made.

PRIVACY POLICY

Users of this Site will be required to provide BUYMYART.ONLINE with personal information relating inter alia to the User's name, postal address, physical address, telephone contact numbers and email address.

BUYMYART.ONLINE 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. BUYMYART.ONLINE 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.

BUYMYART.ONLINE 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.wirecard.co.za