Please take a moment to read these terms and conditions including our policies (“Terms”) to understand how they apply to your use of our Website and any products or services that may you may order online.
USE OF AND/OR REGISTRATION ON ANY ASPECT OF THE WEBSITE WILL CONSTITUTE YOUR AGREEMENT TO COMPLY WITH THESE RULES. IF YOU CANNOT AGREE WITH THESE RULES, PLEASE DO NOT USE THE WEBSITE. IF YOU HAVE ANY QUESTIONS REGARDING OUR WEBSITE, THE TERMS, PRODUCTS OR SERVICES, PLEASE CONTACT US.
Terms and conditions apply
These Terms apply to your use of this Website. By using this Website, you acknowledge that you have read and understood these Terms and agree to be bound by them. They represent our entire agreement with you and supersede all prior terms, conditions, warranties and/or representations to the extent permitted by law. Please do not use our Website if you do not agree to be bound by these Terms.
Online purchases from our Website are subject to these Terms.
Amended or updated terms
We may periodically update or change the Terms without notice. You should check them from time to time, as your continued use of our Website will mean you accept any updated or revised Terms.
Law and arbitration
This agreement is governed by the laws of the Republic of South Africa. Any dispute arising in relation to our agreement with you shall, to the extent permitted by law, be referred to arbitration in Pretoria at a venue to be determined by us applying the Uniform Rules of the High Court of South Africa.
Use of our Website
You are welcome to browse or use our Website for your own personal, non-commercial shopping and information purposes only. No other use is permitted without our prior written consent. The unauthorized use, copying, reproduction, variation, modification or distribution of the content of this Website, the uploading of any unlawful or damaging information or viral software, or the creation of any links to our Website from any other site whatsoever, is strictly prohibited.
Unless otherwise specified, the Website is intended for your personal use only. You may not authorize others to use the Website, and you are responsible for all use of the Website by you and by those you allow to use, or provide access to, the Website. You may not impersonate, imitate or pretend to be somebody else when using the Website.
You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
The Website may contain graphics, text, photographs, images, video, audio and other material that is clearly identified for your use (“Assets”). The Assets are protected by copyright, trade mark and other intellectual property laws. Nevertheless, we grant to you the limited, non-exclusive rights and license to use the Assets solely as described on the Website, as limited by this Agreement, and provided further that you keep intact any and all copyright and other proprietary notices. This includes the “look and feel” of the Website and the advertising thereon (“the Website Content”).
The Website Content is protected by copyright, trade mark and other intellectual property laws and is the property of Imagine Art and its owners and authorized service providers. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, whether by omission or commission, of any such Website Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.
You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Website except as permitted by statute or expressly permitted in writing by this Agreement or the Website.
You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Website.
Other than connecting to our and our third party service provider’s servers by http requests using a Web browser, you may not attempt to gain access to our servers by any means, including, without limitation, by using administrator’s passwords or by masquerading as an administrator while using the Website or otherwise.
You acknowledge that Imagine Art, its owner and its third party service providers have not reviewed and do not endorse the content of all sites linked to and from this Website, and are not responsible for the content or actions of any sites linked to or from this Website. Linking to any service or site is at your sole risk.
You agree to indemnify Imagine Art and its owner against any loss, damage, harm, claim or any other cost whatsoever sustained as a result of your use of our Website and/or its contents contrary to these Terms.
We reserve the right to suspend our Website or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the Website in compliance with these Terms or if we believe the information provided by you is untrue, inaccurate or incomplete.
Any indulgence of extension of time granted to you shall not be construed as a waiver or variation of any of our rights or remedies in these Terms or law.
Imagine Art and its owners 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: www.dhs.gov.za/Content/PAIA/paia_manual.htm.
Accuracy of Website content
All reasonable steps are taken to ensure that the information on our Website is accurate and up-to-date. We do not, however, warrant that the content or information displayed is always accurate, complete and/or current.
All rights, including copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on this Website are owned by or licensed to us. All data and information communicated to or from the Website including its database also belongs solely to us or our licensors. You agree to sign all documents as we may reasonably require in order to assign any rights that you may acquire in the content of our Website. You agree also to waive any moral rights in such content. You are permitted to view, print or store electronically a copy of any information on our Website, including these Terms, solely for your personal, lawful, non-commercial use. Unauthorized use, reproduction, modification and/or distribution is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.
Use of our logos, content and images
You are not permitted to use the content of our Website, our logos or any product or other images that appear on our Website without our prior written consent. Unauthorized use, reproduction, modification and/or distribution is strictly prohibited and constitutes an infringement of our or our licensors’ intellectual property rights.
Advertising and hyperlinks
External hyperlinks may appear on our Website. The hyperlinks may not be construed to constitute any relationship between us and any linked third party or any endorsement by us of such third party, and use of or reliance on any external links provided is at your own risk.
Disclaimers and exclusions of liability
Use of our Website is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the Website will be uninterrupted or error free, or that the Website or the server that makes it available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our Website or the purchase of any of our products or services. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our Website and/or your purchase of any products or services. Notwithstanding any other provisions contained herein, our liability arising from any breach of these Terms, negligence or otherwise shall not at any time exceed more than double the monetary value of any order placed via this Website.
You hereby indemnify Imagine Art and its owners, affiliates, employees, agents, representatives and third party service providers, and hereby defend and hold each of them harmless from any and all claims and liabilities (including legal costs on the attorney-client scale) which may arise from your submissions, from your unauthorized use of material obtained through the Website, or from your breach of this Agreement, or from any such acts through your use of the Website.
Product sales and availability
All products displayed on our Website are subject to availability and will be delivered only within South Africa, unless otherwise arranged before-hand. All prices shown on our Website are quoted in South African Rands and are valid and effective only in the South Africa. We reserve the right to discontinue or change the specifications of our products and services from time to time without notice.
We have made every effort to display as accurately as possible the colours of the products that appear on our Website. However, as the actual colours you see will depend on the device that you use to access our Website, we cannot warrant that your device’s display of any colour will be accurate.
We regret that no order will be accepted if we identify a material error in the description of any of our goods or services or their prices on our Website.
You will be charged the prices as they are reflected on the Products at the point of sale, subject to availability.
Methods of payment
Payment may be made via credit card at the point of closing your order via a secure link to Paygate, the details of which will be provided on checkout.
In most cases, only one item is available to purchase, and the item is marked as unavailable when someone purchased it. In the unlikely event that an item that you have ordered is lost or unavailable, Imagine Art will refund the client in full within 14 days.
Confirmation of orders
Orders placed online constitute your offer to purchase subject to these Terms. Your offer is deemed to have been accepted by us when you receive our confirmation of your order. Failure by us to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.
Subject to availability and receipt of payment, requests will be processed within 3-7 working days and delivery confirmed by way of an email outlining the postal/courier tracking number.
Delivery is normally done through a courier company unless otherwise communicated.
Imagine Art cannot be held liable for incorrect postal details being given as well as the items being returned as a result of non-collection. In the event that products are returned to Imagine Art via the post/courier for either of these reasons, the purchaser will be liable to finalise the delivery/collection.
There are NO deliveries on weekends and Public Holidays.
Please note: We do not ship to PO Boxes – please use your residential or work address – where deliveries can be accepted and signed for during normal office hours (08:00 – 17:00).
On delivery of the order to the specified delivery address, you will receive our delivery note showing the items delivered, any non-available items, the delivery fees, and the amount paid. For verification purposes, the person accepting delivery at the delivery address may be required to produce a form of identification. Any person other than yourself who receives the products at the delivery address is presumed to be authorized to accept delivery on your behalf. Should no-one be in attendance at the time of delivery, the driver will keep the products and leave a notice at the delivery address to this effect. The driver will attempt to contact you to make new arrangements for delivery or collection. We reserve the right to charge an additional delivery fee should it be required in the circumstances. Our liability for failing to deliver the products timeously is limited to delivery being effected at a later agreed time at no additional charge. Please arrange that you or your authorized representative is available to accept your purchases at the delivery address and that appropriate access will be made available. On delivery, we will require you or your authorized representative to sign and print your or their name on a duplicate copy of the delivery note, to confirm receipt. We have outsourced all delivery and collection arrangements. Accordingly, we cannot, to the extent permitted by law, be liable for any damage suffered or loss incurred by reason of any acts or omissions of the deliverer, its directors, employees, sub-contractors, agents, representatives and/or affiliates.
Refunds and returns policy
Artwork will only be refunded is there was blatant misrepresentation in the item description of the artwork, in which case the artwork must be returned by the purchaser to Imagine Art within 7 days in the exact same condition that Imagine Art sent it to the purchaser.
Imagine Art takes every care to package products so as to avoid breakage and cannot be held responsible for products being damaged in transit.
If for any reason you would like to cancel an order this may be done on our Website or by contacting our Customer Services Centre on +27 82 458 4799. You will only be able to cancel orders up to midnight on the day prior to the date of dispatch and we reserve the right to charge the delivery fees in respect of any late cancellations. If you cancel your payment for any reason you will nevertheless be bound to pay the full purchase price, including all costs incurred by us relating to the recovery thereof. Without prejudice to any other rights or remedies in law, we reserve the right to cancel forthwith any sale and/or your registration in the event of your breach any of the Terms.
Risk and ownership
Risk in the artworks shall pass to you or your authorized representative on delivery. We will retain ownership in the products until payment has been received in full.