Terms and Conditions
We are the owner of and this is our website. These are our legal terms, including our:
- Terms of sale - which you agree to by checking a check box when you place an order through this website; and
We may change any of these terms at any time by updating this web page.
If you have any questions about our legal terms, please contact us.
- Licence. We grant you a limited licence to use this website.
- Breach. We may cancel your licence if you breach any of these terms.
- Framing. You may not frame this website.
- Capacity. You agree to these terms on the basis that you have the capacity to visit this website.
- Accurate information. You promise that you will give this website only accurate information.
- Ownership. We or our third party licensors own all rights in this website.
- Trademarks. All our trademarks are our property and you may not use them without our permission. All other trademarks are their respective owners' property.
- Restrictions. You may not change, hire out, reverse engineer, or copy this website without our permission.
- Own risk. You use this website at your own risk and we make no warranties about it.
- Indemnity. You indemnify us against any liability related to your use of this website.
- Direct damages limited. Our maximum liability to you for all claims for direct damages related to this website is R100 (South African Rands).
- Indirect damages. We will never be responsible for any indirect damages.
Terms of sale
- Introduction. These terms cover any transactions where we provide goods to you through this website.
- The parties. We are the vendor under these terms. You are the customer under these terms.
- Duration. These terms commence when you accept them and continue until terminated.
- Orders. You place orders with us on the following basis:
- you promise that you have the legal capacity to enter into the transaction;
- we only conclude an agreement when we dispatch our goods to you;
- we may cancel any order, but we will refund any money you have paid if we do;
- we conclude an agreement where you are domiciled; and
- each order is a separate agreement, but you breach all of them if you breach one.
- Goods. We sell the goods to you on the following basis:
- you will bear the cost and we will choose the way of packaging and delivering the goods unless agreed otherwise;
- we will do our best to dispatch the goods as soon as possible after you have placed an order, but we are not liable and you may not
- cancel an order if we do not do so timeously;
- risks related to the goods pass to you on delivery;
- ownership in the goods passes to you on payment of the fees in full; and
- you have the same rights against us as we have against our suppliers in terms of any warranty attached to the goods or imposed by law.
- Your data. You own all your data. When you enter your data into the system, you give us a licence to use it to provide the goods. We are not responsible for any of your data stored on our system.
- Intellectual property. We may own intellectual property rights in our goods and you may not use those rights without our permission. We may prosecute you for any violations of our proprietary rights.
- Disclaimer. We disclaim all warranties to the extent allowed by applicable law. We are not liable for any defect that you cause.
- Fees and payment. You will pay us the fees on the due date. You may not withhold payment of any amount due to us for any reason.
- Direct damages limited. We are only liable to you for any direct damages that the goods may cause up to the total amount of fees that you have paid us for them.
- Indirect damages excluded. We are not liable for any other losses that the goods may cause you.
- Breach. Please don't breach your obligations under this agreement. If you do, we have certain rights against you in terms of the law.
- Termination. We may need to terminate this agreement immediately under certain unlikely circumstances, including if we discontinue the goods, believe providing the goods could burden or pose a risk to us, have to terminate to comply with a law, or providing the goods has become impractical. If we need to terminate, we will give you as much notice as possible in writing.
- Resolving disputes. We want to avoid disputes about this agreement and resolve them as quickly as possible. But if there is one, either party may inform the other of it in writing. The parties must first try to negotiate to end the dispute, then enter into mediation if negotiation fails, and finally go to arbitration if mediation fails.
- Notices and domicile. We want to communicate with you effectively about this agreement. For this reason, the parties will send all notices to each others' email addresses and choose their respective street addresses as their service addresses for all legal documents. The parties may change either address on 14 calendar days written notice to the other.
- Force majeure. Things may happen that prevent you or us from complying with each of our obligations under this agreement. Neither party is responsible for breach of this agreement caused by circumstances beyond its control, but the other party may cancel the agreement on written notice to the other if the circumstances persist for more than 60 calendar days.
- Entire agreement. The agreement is the entire agreement between the parties on the subject.
- Changes. If we change this agreement by updating this web page, any changes will only apply to future orders.
- Governing law. South African law governs this agreement.
- Jurisdiction. You consent to the jurisdiction of the Magistrate's Court.
- Purpose. This policy describes the way we handle your personal information.
- Personal information. Personal information includes information we collect:
- on submission when you place an order; and
- automatically when you visit this website.
- Acceptance. You may not order any of our goods if you do not accept this policy.
- Collected on submission. We collect your contact details and delivery address when you place an order.
- Collected automatically. We collect your Internet usage information when you visit this website.
- Purpose for collection. We may use any of your personal information that you provide to us for the purposes that you indicated when you agreed to provide it to us.
- Consent to collection. We will get your consent to collect your personal information in accordance with applicable law when you provide us with it.
- Use. We may use your personal information to fulfil our obligations to you.
- Sharing. We may share your personal information with third parties for the purposes of fulfilling our obligations to you.
- Disclosure. We may disclose personal information to third parties if required for legal reasons.
- Security. Our website is hosted on a secure server and uses security measures to prevent interference by intruders.
- Retention. We will only retain your personal information for as long as is necessary.
- Transfer. We may transfer your personal information outside South Africa to a foreign country.
- Updating or removing. You may choose to update or remove the personal information you have submitted to us by contacting us.
Detailed description of goods and/or services
The African Portrait is a business in the Fine ART industry that markets Original artworks and Limited Edition Giclee Archival Prints.
Subject to availability and receipt of payment, requests will be processed within 3 working days and delivery confirmed by way of waybill for courier delivery.
Return and Refunds policy
The provision of goods and services by The African Portrait is subject to availability. In cases of unavailability, The African Portrait Art Gallery will refund the client in full within 30 days. Cancellation of orders by the client will attract a 0 % administration fee. Our goods are fully guaranteed
Payment options accepted
Payment may be made via Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the The African Portrait bank account, the details of which will be provided on request
Credit card acquiring and security
Credit card transactions will be acquired for The African Portrait via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Customer details separate from card details
Customer details will be stored by The African Portrait separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za
Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
Country of domicile
This website is governed by the laws of South Africa and The African Portrait Art Gallery chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature 43 Leafmore Road, Kenwyn, Cape Town, 7780.
The African Portrait Art Gallery may, in its sole discretion, change this agreement or any part thereof at any time without notice.
This website is run by The African Portrait Art Gallery based in South Africa trading as Sole Prop and with registration number 5403315190083 and ARS Sirkhoth.
The African Portrait Art Gallery contact details
Company Physical Address: 43 Leafmore Road, Kenwyn, Cape Town, 7780