Terms & Conditions

1.    Definition

1.1.   “Buyer” means a person who purchases or agrees to purchase an item from the Seller.

1.2.   “Seller” means ValueArt Co. and its trade name “valueart.co.za”.

1.3.   “Conditions” means the terms and conditions of sale contained herein and any specific terms and conditions agreed in writing by Seller.

2.    Conditions

2.1.   These Terms and Conditions apply to all contracts for the sale of Goods from Seller to Buyer, excluding all other Terms and Conditions.

2.2.   Modifications or additions to these terms and conditions are valid only if agreed in writing by the Seller.

2.3.   The contract for sale of the Goods shall not be concluded until the Buyer has notified the Seller of its acceptance of the Seller’s final offer.

2.4.   Acceptance of delivery of the goods shall be deemed conclusive evidence of the purchaser’s acceptance of these conditions.

2.5.   None of these terms affect your statutory rights

2.6.   All terms must comply with English law.

3.    Price

3.1.   Prices are those stated on the Seller’s website or later agreed in writing by the Seller.

3.2.   Seller reserves the right to change prices prior to shipment of Goods to reflect increased direct or indirect costs to Seller, provided that prices have been paid in full prior to shipment; No price adjustments will be made without the prior written consent of the Buyer.

3.3.   Unless otherwise agreed in advance by the Seller, payment must be made in full before the Goods are shipped.

3.4.   All monies under these Terms and Conditions shall be due immediately upon commencement of any action or proceeding affecting the Buyer’s ability to pay.

4.    Interest on overdue invoices

4.1.   Seller reserves the right to charge interest at a rate of 2% per calendar month on delinquent invoices accruing from the daily due date to the payment date.

4.2.   All invoices must be paid in full without deduction for set-off or counterclaim.

5.    Copyright

5.1.   Unless expressly stated otherwise by the Seller, the copyright of all items purchased by the Buyer remains with the original Artist.

6.    Warranty and Liability

6.1.   Seller warrants that the goods correspond to the description given by Seller at the time of delivery. (as defined), all other warranties, conditions of merchantability, merchantability or condition of the goods apply, whether or not implied by law. or common law is implied or excluded and Buyer is satisfied as to the suitability of the goods for Buyer’s purposes.

7.    Delivery

7.1.   While all reasonable efforts will be made to meet the agreed delivery dates, delivery dates are not determinative and Seller shall not be held liable by the Buyer or any other party for any liability arising directly or indirectly from its failure. We shall not be liable for any loss, cost, damage or expense suffered by any person or entity. To comply with estimated delivery dates.

7.2.   In the event of the Buyer’s failure to make instalment or delivery payments, the Seller shall be entitled to forego or withhold all further deliveries and the Buyer shall be liable for any damages incurred by Seller in connection with such Goods. Seller shall be responsible for all costs incurred and may be waived by the Seller.

7.3.   Delivery of the Goods will be made to the Buyer’s address and the Buyer will make all arrangements necessary to receive delivery of the Goods whenever the Goods are offered for delivery.

8.    Ownership and Risk

8.1.   Risk in Goods shall pass to the Buyer upon delivery of the Goods, or when the Goods are delivered to the Buyer but stored at the Seller’s premises at Buyer’s request.

8.2.   The Seller remains the owner of the goods covered by the contract until full payment has been made for these goods.

8.3.   In the event that payment under these Terms is delinquent in whole or in part, Seller shall, without prejudice to any other right, take back and/or resell the Goods or any part thereof and shall, through its servants or agents, premises of the goods and the Buyer shall be responsible for all associated costs of the Seller.

8.4.   The Buyer shall inspect the goods immediately upon receipt and shall notify the Seller within 48 hours of delivery if the goods are damaged or do not comply with the contract. If the buyer fails to do so, the goods will be deemed accepted. 8.5. All Goods for which a defect or damage claim is made shall be retained by the Buyer in its original packaging at the Buyer’s responsibility and either a) kept by the Buyer for a reasonable period to enable the Seller or its agent to inspect or receive the goods, or b) if the goods are actually defective, at Seller’s option, Buyer will return them to Seller, and Seller will reimburse Buyer for shipping and packaging costs.

9.    Cancellation and Returns

9.1.   Orders may be cancelled at any time prior to shipment of the goods, unless expressly instructed by the purchaser.

9.2.   Pursuant to the EU Consumer Protection (Distance Selling) Regulation 2000, to cancel purchased goods (other than consignment goods), please email your cancellation notice to the specific Seller/Artist email from which you bought: helena@valueart.co.za, hudsonskinner@valueart.co.za or havana@valueart.co.za. The declaration of withdrawal must be received by the seller within 7 days after delivery of the goods. Upon receipt of the cancelled order, we will issue a refund if the relevant portion of the order has not yet been shipped. If the item has already been shipped, the customer will be responsible for the cost of returning the item, and the refund will be processed when the item arrives. The Seller recommends using registered mail for protection and security. The seller will send you an email notifying you that your refund has been processed. This terminates the Seller’s liability to you.

9.3.   Without the prior written consent of the Seller, the Contract may not be terminated or any Goods subject to the Contract may be returned subject to conditions determined in the sole discretion of the Seller.

9.4.   Unless the Seller, in its sole discretion, decides otherwise when the Seller agrees to accept the return of such goods:

a)     the Buyer agrees that, in the Seller’s opinion, such damage is unsatisfactory; You shall bear the cost of repairing the damage of the returned goods if caused by any cause. Packaging of goods by the purchaser or by the purchaser’s negligence.

b)    the Seller reserves the right to charge a 25% handling fee and a restocking fee for items returned if ordered in error or no longer needed.

10.  Force Majeure

10.1.    The Seller will not be liable if supplying or making the delivery of the Goods is prevented or delayed for reasons beyond Seller’s control.

11.  No Waiver

11.1    The Seller’s failure to insist on strict performance of any provision of these Terms shall not constitute a waiver of Buyer’s rights or remedies with respect to Buyer’s current or future failure to perform or comply with any of these Terms. shall not be made.

12.  Liability

12.1.    Except as required by law where the Buyer is acting as a consumer, the Buyer’s remedy in the event of the Seller’s breach of these Terms and Conditions shall in no event exceed the price of the Goods. shall be limited to non-existent damages. THE SELLER SHALL, IN NO EVENT, BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

13.  Disputes

13.1.    In the event of a dispute between the Buyer and the Seller, upon written request by the Seller, the Buyer shall arbitrate the dispute in accordance with the Arbitration Act currently in force as a legally binding alternative to court proceedings.