The terms Website, We, Us in these terms and privacy policy refers to Nickty Thomson Art. This website offers an online platform for the purchase of a variety of goods, which may include: bird paintings, nature paintings, flower paintings, seascape paintings and other paintings.
These terms and conditions are binding and enforceable against every person that accesses or uses the website. By using the website to purchase products you acknowledge that you have read and agree to the terms and conditions.
These terms and conditions govern the sale, delivery and collection of goods purchased on the website and the use of the website.
IMPORTANT NOTICE
These terms and conditions apply to users who are consumers for the purposes of the Consumer Protection Act 2008 (the “CPA”)
These terms and conditions contain provisions that appear in similar text and style to the clause and which:
May limit the risk or liability of this website or a third party; and/or
May create risk or liability for the user; and/or
May compel the user to indemnify this website or a third party; and/or
Serve as an acknowledgement, by the user, of a fact.
Your attention is drawn to these terms and conditions because they are important and should be noted as a user.
If there are any of these terms and conditions that you as the user do not understand, it is you, the user’s responsibility to request the necessary before continuing the use of this website.
None of these terms and conditions is intended or should be understood to unlawfully restrict, limit or avoid any right or obligation granted by the CPA to this website or the user.
PURCHASE OF GOODS
To register as a user, a unique password and username must be provided. Certain personal information may be required by this website. In certain instances, only registered users will be able to purchase goods on this website.
The abovementioned password and username will be needed to purchase goods on the website.
You agree that should you fail to enter the correct username and password combination you will be denied ability to purchase goods in the required instances.
You agree that should your correct username and password combination be entered, either without your authority or fraudulently, you will be liable for payment of such purchase. Except where the purchase is cancelled by you in accordance with this website’s cancellation policy below.
You agree to notify this website with the relevant contact details on the website as soon as possible after becoming aware of fraudulent or unauthorised access to your account or use of your username and password.
You further also agree to take the necessary steps to mitigate loss and harm upon the realisation of unauthorised or fraudulent access to your account or use of your username and password.
By using this website you warrant that you are 18 years of age or older and of full legal capacity. If this is not true, then you may only use this with the supervision of a parent or legal guardian. Upon such supervision the parent or legal guardian agrees to these terms and conditions and will be liable for you and all your obligations relevant to purchases this website.
You agree that you will not in any way interfere or attempt to interfere with the working of this website.
You may not display, publish, copy, print, post or in any other way use the website or the information contained therein without the written consent of an authorised company representative.
COMPLETION OF SALES AND STOCK AVAILABILITY
Registered users may place orders for the purchasing of goods, which this website may accept or reject. Acceptance of an order depends on the availability of stock, accuracy of the information (including the price), and receipt of payment for the goods.
This website will indicate acceptance of the order by delivering the goods to you. Only at such time of delivery does an agreement of sale between you and this website comes into effect.
This website will indicate rejection of an order to you by way of email or otherwise, as the case may be and proceed to refund any amount already paid.
An order will not be created for goods placed in a “shopping cart” only after the purchase cycle are completed and payment successfully made will goods be considered as ordered.
You agree and understand that certain items’ stock is limited. Should this be the case and the items ordered are no longer available you will be notified and refunded within reasonable time.
PAYMENT
This website is committed to provide a secure online payment platform. All transactions are encrypted using appropriate encryption technology.
Payment for goods can be made via:
Credit card: where payment is made by credit card, additional information may be required in order to authorise and/or verify the validity of the payment. [insert website name] reserve the right to withhold delivery of ordered goods until such time as the payment and/or required information are confirmed or verified. If payment fails, the order will be cancelled.
You warrant that you are fully authorised to use the credit card supplied for payment purposes.
The following payment gateways may also be used PayPal, Payfast, PayJustNow, Paystack and any other platform as may be updated on this website from time to time.
This website offers the following methods of delivery:
Digitally or physically as the case may be, unless otherwise indicated on the product description.
Delivery of goods will be delivered within a reasonable time and as indicated on the product.
ERRORS
This website will take all reasonable steps to ensure the accuracy of all information listed on the website regarding goods. However should there be any errors whatsoever on the website (excluding gross negligence), we will not be liable for any loss, claim or expense relating to any transaction based on such an error. Save, in the case of an incorrect purchase price, a refund for any amount already paid.
GENERAL LEGAL TERMS
This website, in its sole discretion, may change any of these terms and conditions. It is the user’s responsibility to check these terms and conditions for such changes from time to time.
If the user uses the website after such changes are displayed in the website it is accepted that the amended terms and conditions have been accepted.
When you visit the website or contact us via email you consent to receive communications from us in accordance with the Protection of Personal Information Act 2013
The use of the website is entirely at your own risk and full responsibility are assumed for any risk or loss resulting from the use of the website or use of any information on the website.
This website takes all reasonable measures to ensure the accuracy of the website content, no warranties or representations, expressly or implied is made as to the timeliness, operation, integrity, availability or functionality of the website or the accuracy of the content displayed thereon.
Although goods sold by this website may under certain specifically mentioned circumstances, be under warranty, by this website itself and all information provided is done on an ‘as is’ basis. No warranty, expressly or implied, including but not limited to, the implied warranties of merchantability is given by this website, as may be allowed by law.
You hereby indemnify this website and its associated legal entity from any whatsoever loss, damage or claim that may arise or be suffered by you or any third party from the use of this website and/or any linked third party website.
These terms and conditions and our relationship and/or any dispute arising from or in connection with these terms and conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. By using the website you consent to the jurisdiction of the South African courts regarding all proceedings, transactions, applications instituted by either party.
Nothing in these terms and conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
This website hereby chooses 153 Lipizzaner Road, Beaulieu Estate, Kyalami, Gauteng as its domicilum et citandi.
You hereby choose the address specified on the goods order as your domicilum et citandi. You may change your chosen address by giving this website not less than 7 days notice.
Notices must be sent according to the applicable rules and regulations of the South African courts.
This website may at any time and without prior notice suspend or terminate the operation of the website or a user’s right to use the website.
You may not cede, assign or transfer your rights and obligations in terms of these terms and conditions to any third party.
Any failure on the part of either party to enforce any right in terms of these terms and conditions shall not constitute a waiver of that right.
If any term or condition herein is declared invalid, the balance of the terms and conditions will remain in full force and effect.
No variation, addition, deletion or agreed cancellation of the terms and conditions will be valid unless it is in writing and accepted by all parties hereto.
No indulgence, extension, relaxation or latitude of these terms and conditions, which either party grants or show shall constitute a waiver of rights granted by these terms and conditions.
REFUND AND RETURN POLICY
Our refund policy complies with the Consumer Protection Act 2008.
Should you upon receipt of your product find that the goods does not satisfy your expectation or are faulty you can, in accordance with specifications below, return your goods and this website will either refund or replace the product.
Returns can be delivered to 153 Lipizzaner Road, Beaulieu Estate, Kyalami, Gauteng.
Goods can be returned provided:
It is undamaged
Unused
In its original packaging
Not missing any accessories or parts
Return was logged within 14 days of delivery.
If the wrong product was accidentally delivered to you, this website must be notified of such error within 7 working days of delivery. Such erroneous product will be sent to 153 Lipizzaner Road, Beaulieu Estate, Kyalami, Gauteng after inspection and validation, either the correct product will be sent to you or you will be refunded the paid amount.
Should a product be damaged upon delivery, notify this website within 7 working days of such delivery. Such damaged product will be sent to 153 Lipizzaner Road, Beaulieu Estate, Kyalami, Gauteng after inspection and validation, either the product will be replaced, or you will be refunded the paid amount.
If you fail to return all the accessories and parts sold with the returned product, this website are by law entitled to refuse acceptance of such return, only return the received portion of the product or only refund you for the estimated value of the returned product without the missing accessories and parts.
