erms and Conditions
Website Terms and Conditions of Use Relating to www.aliceart.co.za; Alice Art Gallery CC
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Alice Art Gallery CC (“AAG”) website located at the domain name www.Alice Art Gallery.co.za (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distributes content obtained on the website for marketing and other purposes without the consent of the Provider.
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
E-Commerce & Privacy
Works which are not available for purchase will not be added to your shopping basket. However, due to the fact that each Work is unique there is a possibility that a Work that has been checked out may be unavailable for purchase. For this reason payment is only requested once the checkout process is complete and your order has been confirmed by AAG.
AAG 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.
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 the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product.
The Provider undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold. The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
Subject to artwork availability with suppliers and receipt of payment, requests will be processed within 10 days and handed over to a courier company for delivery.
DELIVERY WILL BE QUOTED SEPARATELY.
For local delivery the charge is R500.00 for a single item and an additional R150.00 for every extra item. For international delivery, the amount will be subject to the destination.
The Provider will supply all goods to the delivery company in good order and will ensure that goods arrive at the User’s chosen delivery address in the same good order.
Cancelled orders on the e-commerce facility will be refunded after deduction of a 10% charge for administration costs. The Provider reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full refund with no deductions.
Returns / Refund Policy
If on receiving your order you are not delighted with your purchase, let our customer service team know within 7 days and we will gladly collect it at your expense and provide you with a refund provided the item is in its original condition and original packaging.
Although seldom charged, we reserve the right to charge a 10% administration fee for returned orders should the returns process incur significant administration expenses.
The right to cancel or return in this Contract will not apply in respect of Personalised Works or Works made to your specification (commissioned artwork).
The offering on this website is available to South African clients and delivery addresses only, unless special arrangement is made before placing an order.
Payment may be made via Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the Provider’s bank account, the details of which will be provided after checkout.
Credit card acquiring and security
Credit card transactions will be acquired for the Provider via Pay Gate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. Pay Gate 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 Provider separately from card details which are entered by the client on Pay Gate secure site. For more detail on Pay Gate 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).
The Provider takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of artworks.
Updating of these Terms and Conditions
Provider reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Copyright and Intellectual Property Rights
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 Aliceart.co.za and/or any third party is the property of AAG or its content suppliers 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 AAG and is protected by South Africa and international copyright laws. The Artists represented on the Site have granted a licence to aliceart.co.za for all images uploaded to be available for use in support of marketing and promoting the Site. AAG hereby grants you permission to electronically copy and print portions of the Site for the sole purpose of placing an order for a Work with aliceart.co.za. Unless otherwise explicitly stated by AAG, the copyright of any Works remains with the originating artist.
All Works are owned solely by the relevant Artists and are subject to South African and international copyright laws. The Artist warrants that he has the title to and owns the Works represented to be owned by him on the Site.
The sale of the copyright in a Work is a separate transaction and not part of the sale of the Work unless otherwise agreed in writing between yourself and the Artist.
Any misuse of the content on the Site, including without limitation, reproduction for purposes other than those specified above, modification, distribution or republication of any part of such materials without the prior written permission of AAG, is strictly prohibited.
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 AAG, the Artist or any third party.
Limited License to General Users
Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider. Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website.
Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Any unauthorised use terminates this license.
Limitation of liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
Privacy: casual surfing
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The Provider uses this information to determine use of the Website, and to improve content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569
Choice of Law
This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Cape Town High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
Contact Information / Domcilium Citandi Et Executandi
This website is run by Alice Art Gallery CC based in South Africa trading as Alice Art Gallery and with registration number CK 9710315/23 and Director (Owner) Alice Pitzer.
Alice Art Gallery (Pty) Ltd
217 Dryf Avenue
PO Box 21569
Tel: 083 331 8466 / 011 958 1392
A copy of the ECT Act is available at http://www.internet.org.za/ect_act.html