TERMS AND CONDITIONS

TERMS AND CONDITIONS

ELIGIBILITY
To be eligible to purchase goods on this Site and to lawfully enter into and form contracts on this Site you must be aged 18 or older and the holder of a valid debit/credit card.

 

IN GENERAL

Art Vista SA (“www.artvistasa.com”) owns and operates this Website.  These terms govern your relationship with www.artvistasa.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website. This Website may contain links to other websites (the “Linked Sites”), which are not operated by Art Vista SA. Art Vista SA has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

PROHIBITIONS

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Art Vista SA will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Art Vista SA or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Art Vista SA and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

TERMS OF SALE

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with Art Vista SA you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Art Vista SA retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Art Vista SA or may in some cases be a third party. Where a contract is made with a third party Art Vista SA is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

PRODUCT DESCRIPTIONS

We will take all reasonable care to ensure that all details, descriptions, and images of products appearing on the Site are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours or other content available on the Site are accurate, complete, reliable, current, or error-free. Although we aim to keep the Site as up to date as possible, the information including product descriptions appearing on this Site at a particular time may not always reflect the product exactly at the moment you place an order. All sizes given are not exact and may only be used as a rough indication, these sizes also varies due to Artistic freedom. As all the Products are hand-made, the photos on the website may not be a 100% true reflection of the actual Products.

You will be guided through the process of placing an order by a series of simple instructions on the Site. You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order.

We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment, we suspect fraudulent activity or violation of these Terms and Conditions or if we identify a product or pricing error.

If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this.

If you require any information regarding your order(s) please contact: Art Vista SA info@…

PAYMENT
You may pay using any of the methods specified in the Payment section of this Site. You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.

TITLE TO GOODS
We will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us.

 

RISK OF LOSS
Risk in the goods will pass to you upon the dispatch of the item.  We cannot be held liable for any damage or loss by a third party once we have posted the item.

 

DELIVERY
Any delivery timescales quoted to you are indicative only. We do not accept any liability whatsoever for delayed delivery caused by any third party.

PRICING AND AVAILABILITY

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

DISCLAIMER OF LIABILITY

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Art Vista SA and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Art Vista SA ‘s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

LINKING TO THIS WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

DISCLAIMER AS TO OWNERSHIP OF TRADEMARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Art Vista SA and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Art Vista SA

INDEMNITY

You agree to indemnify, defend and hold harmless Art Vista SA, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

VARIATION

Art Vista SA shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

INVALIDITY

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

COMPLAINTS

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

WAIVER

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

INTELLECTUAL PROPERTY
All content available on the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the “Content”) is the property of Art Vista SA, its affiliates, partners or licensors. Neither the Content, the Trademarks, nor any other portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without Art Vista SA’s written consent.

 

YOUR OBLIGATIONS AND RESPONSIBILITIES
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Art Vista SA, its affiliates, partners or licensors.

YOUR ACCOUNT  

You warrant that the personal information which you are required to provide is true, accurate and current in all respects. You are responsible for ensuring that the personal information you provide to us is up to date. If your personal information changes then please notify us immediately.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in Art Vista SA’s best interests to do so.

REPRESENTATION AND WARRANTIES; LIMITATION OF LIABILITY                            

The site is presented “as is.” we make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-site links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party sites; (f) any inaccuracies, omissions or misleading, false or deceptive statement in the content; or (g) events beyond our reasonable control. Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the site regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred sterling, as applicable. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by applicable law.

Your use of this Website and any purchase by you of any goods from Art Vista SA shall be governed by South African law and the parties hereto submit to the exclusive jurisdiction of the South African courts.

ENTIRE AGREEMENT

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Art Vista SA. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Art Vista SA.

DETAILED DESCRIPTION OF GOODS / SERVICES

Art Vista S.A. is a business in the commerce industry that sells art.

DELIVERY POLICY
Subject to availability and receipt of payment, requests will be processed within 5 days and delivery confirmed by way of e-mail and courier tracking number. Our courier of choice is The Courier Guy.

RETURN AND REFUNDS POLICY
The provision of goods and services by Art Vista S.A. is subject to availability. In cases of unavailability, Art Vista S.A. will refund the client in full within 30 days. Cancellation of orders by the client will attract a 5 % administration fee.

CUSTOMER PRIVACY POLICY
Art Vista S.A. shall take all reasonable steps to protect the personal information of users. 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.

PAYMENT OPTIONS ACCEPTED
Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Art Vista S.A. bank account, the details of which will be provided on request.

CARD ACQUIRING AND SECURITY
Card transactions will be acquired for Art Vista S.A. via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no 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 Art Vista S.A. separately from card details which are entered by the client on DPO PayGate’s secure site.For more detail on DPO PayGate refer to www.paygate.co.za.

MERCHANT OUTLET COUNTRY
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is
South African Rand (ZAR).

RESPONSIBILITY
Art Vista S.A. 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 goods.

COUNTRY OF DOMICILE
This website is governed by the laws of South Africa and Art Vista S.A. 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, 791 Highwood Avenue, Faerie Glen, Gauteng, 0043.

VARIATION
Art Vista S.A. may, in its sole discretion, change this agreement or any part thereof at any time without notice.

COMPANY INFORMATION
This website is run by Art Vista S.A. (Pty) Ltd (private company) based in South Africa trading as
Art Vista S.A. and with registration number 2018/095979/07.

Art Vista S.A. Contact Details
Company Physical Address: 791 HIghwood Avenue, Faerie Glen, Gauteng, 0043
Email: info@artvistasa.com
Telephone: +27 81 378 0685

If you have any questions regarding these Terms and Conditions, please contact us by email at: info@artvistasa.com