CONDITIONS:

Ownership of goods will only pass to the customer against payment of the full purchase price indicated on the invoice.

No returns will be accepted without ART NOW's written consent after a period of seven days. Any returns accepted shall be inspected and the customer shall be advised of any damages incurred.

Goods not returned after seven days shall be payable by the customer in the amount indicated on the invoice and shall be payable on demand, failing which the customer shall be liable for all legal costs on the attorney client scale, including collection commission, as well as interest at the rate of 28% per annum from due date to date of final payment.

PRIVACY NOTICE:

ART NOW makes a commitment to protecting your privacy and promises only to use information collected about you in accordance with the Data Protection Act 1998.

What information do we collect?

  • When you place an Order, we may ask you for certain information and you may submit personal data to ART NOW (for example your name, phone number, postal address, email address, and contact details). We may also record which products you are interested in and which products you purchase as well as customer traffic patterns and site use.
  • This information will be kept securely in accordance with our internal security policy and may be used to:
    1. process your Order;
    2. provide you with an up to date, efficient, and reliable service;
    3. help fraud prevention i.e. we check card details with our credit agency and reserve the right to refuse Orders on that basis
    4. open and run your account;
    5. administer prize draws;
    6. provide a more personal shopping experience.
  • By making an Order and submitting your data you agree to this use.
  • We will never collect sensitive information about you without your explicit consent.

Marketing Communications

  • ART NOW will not send you any marketing emails or pass your information on to third parties unless you give us your consent.
  • If you have used the ART NOW web site before or have Ordered Products from ART NOW before it is possible that we have this information already and it is being used to contact you about offers, events, items or related activities that you may find useful. If you are an existing customer we will continue to keep you informed unless you tell us not to.
  • If you are a new customer we will give you the choice (for example once you have placed an Order) whether or not you want us or other reputable companies to contact you about future offers, events and new Products or related activities that you may find useful.

Cookies

  • In Order to improve our service and artnow.co.za we may use a device known as a 'cookie'. Cookies are a means by which information relating to your Internet activity (such as whether you have visited artnow.co.za before) is recorded on your hard drive and used by us to improve artnow.co.za and the products and services available to you.
  • If you do not wish for us to use cookies when you use artnow.co.za please adjust your Internet browser settings to not accept cookies. Your computer's help file should tell you how to do this.

Your Privacy

  • If you have any questions or comments about privacy or the ART NOW privacy policy, or if you already have submitted information that you do not wish us to have or if you think that ART NOW has cookies or data about you that you don't want us to use or that is incorrect please contact us at the address below, by telephone (on +27 11 784-2292) or email (at art.now@mweb.co.za) and the information will be corrected as soon as possible or removed from our database as you request.
  • ART NOW has a dispute resolution mechanism. If you think we have not followed our privacy policy in some way, please email us and we can help you resolve your concern.

Customer Service Contact

You may resolve any issues that concern your interaction with ART NOW by:

  • email to art.now@mweb.co.za or
  • post at PO Box 781646, Sandton, Johannesburg, South Africa, 2146
  • fax to +27 11 784-2279 or
  • telephoning +27 11 7841-2292 between the office hours of 9am and 6pm GMT+2

Terms and Conditions

Please read the following carefully. Your use of the ART NOW web site ("artnow.co.za") and purchase of the products (or services) ("Products") on it means that you agree to these terms and conditions ("Terms").

Shopping with artnow.co.za

  • You can Order Products in the following ways:
    1. online via this website;
    2. by telephoning +27 11 784-2292
  • When you place an Order for a Product in any of the ways described above ("Order") you are offering to buy it for the price stated, subject to these Terms.
  • When you place your Order online SafeShop will send you an email to confirm that it has been captured. This email confirmation will be produced automatically so that you have confirmation of your Order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your Order. Once SafeShop has sent the confirmation email we will then check availability and process the Order at our disgression.
  • ART NOW may cancel any sale and not supply Products if it is reasonable to do so and may change or discontinue the availability of Products at any time at its sole discretion. If an Order is cancelled, any payment made for the Products will be refunded in full. This does not affect your Statutory Rights.
  • All new Orders are deemed separate and each is treated individually.

Price

  • The price for each Product is shown on ART NOW and includes V.A.T at 14%.
  • We always try to make sure that the prices on artnow.co.za are accurate but errors may occur. If we discover an error in pricing of the Products in your Order we will inform you as soon as possible using the contact details you supply us with. We will then give you the option of reconfirming your Order at the correct price or cancelling it. (If we are unable to reach you we will treat the Order as cancelled). If an Order is cancelled, any payment made for the Products will be refunded in full.
  • You will be notified of the delivery costs automatically before you submit your credit card details, based on the delivery address you specify.
  • Prices are quoted on ART NOW in ZAR (South African Rands)
  • Non-South African customers are responsible for Import Duty/Tax in their respective countries. Unfortunately we cannot advise you what these costs will be - please consult your local customs office for more information.

Payment

  • You must pay for your Order before it is delivered and you can do so by credit card, debit card.
  • If your delivery address is outside South Africa and you Order online you must pay by credit card.

Credit Card

  • Orders may be processed online, or by telephone, using a credit or debit card (currently VISA, MasterCard,). We aim to debit money from your account within one working day after receiving your Order.
  • To ensure that shopping online is secure, your credit/debit card details will be encrypted to minimise the possibility of someone being able to read them as they are sent over the Internet.
  • Your credit card company may also do security checks to confirm it is you making the Order.
  • All Order details and invoices will be sent to the credit card billing address and not the delivery address where the named recipient of the Order differs.

Availability

  • We try to keep artnow.co.za as up to date as possible but cannot guarantee that particular Product will always be available. If we can't supply a Product you will not be charged for it and we will refund or re-credit your account with the amount debited by us.
  • All offers are available while stocks last. If we are unable to supply a Product you have Ordered, we will notify you as soon as we can after receiving your Order. If this happens, you may cancel your Order and we will refund you the money you have paid for it.

Delivery

  • ART NOW delivers to destinations inside South Africa ONLY at this time.
  • You will be notified of the delivery costs automatically before you submit your credit card details. If your Order is made online but you do not pay by credit card Please contact us on tel: +27 11 784-2292
  • ART NOW offers Standard Delivery (2-3 days)
  • Orders are despatched by Berco Express Couriers. Our couriers require a signature and operate between 9am and 5pm on weekdays only, so please specify an address where someone will be able to sign for your Products between these hours.
  • We will make every effort to deliver within the time stated but we will not be liable for any loss caused to you by late delivery.
  • If the Products are not delivered within the estimated delivery time which we quote, please contact us by telephone or email and we will try and ensure that you receive your Order, as quickly as possible.
  • Please Order from ART NOW with enough lead-time to prevent any loss or disappointment resulting from the delivery time as ART NOW cannot be responsible for this.
  • This does not affect your statutory rights as a consumer.

Copyright and Trade Marks

  • ART NOW does not give you any right or interest in any copyright or intellectual property rights in any Product nor the right to copy them.
  • The copyright in artnow.co.za and the content of all the software, web site and pages relating to the artnow.co.za web site is owned by, or licensed to ART NOW, unless otherwise specified and may not be used, copied or altered without our express consent.
  • Copyright extends to the design, look and feel of artnow.co.za, all photographs on it and its marketing materials.
  • You may use ART NOW for private and personal non-commercial use only - i.e. to view, copy and print portions of ART NOW for the sole purpose of placing Orders. The materials on artnow.co.za may not be used for any other purpose.
  • ART NOW, artnow.co.za and our logos are trade names or trade marks of ART NOW and may not be used by anyone else without our express permission. We have applied for a registered trademark in the name "ART NOW".
  • However, ART NOW does not make any warranty or representation in respect of any other trade mark and the trade marks of the brands featured on ART NOW, belong to their respective owners.

Refunds

  • We believe that you will be delighted with your product but there may be occasions where you feel it necessary to return an item. We aim to keep the process as simple as possible. These terms do not affect your statutory rights.
  • We will try to attend to all returns as soon as practically possible.

Faulty Products

  • We try to select and package the Products as well as possible to ensure they arrive in good condition. However, if a Product arrives damaged or with defects, or is not what you Ordered, we will replace it free of charge or provide a full refund as appropriate, if you return the Product to us at the postal address below within 30 days of receipt.
  • In these circumstances we will also pay you the cost of the return postage. Please obtain a proof of posting certificate from your Post Office to enable us to process the refund for your return postage costs.
  • For help with items later than 30 days after your initial purchase please email us for more information.
  • This does not affect your Statutory Rights.

Returning Unwanted or Faulty Products

  • Please contact us by telephone (on +27 11 784-2292) or email (at art.now@mweb.co.za) to inform us of your wish to return Products.
  • We may allocate you with a Returns Code which should be included with the package to improve processing of your return.
  • We may also advise you how to send the item back to us. Occasionally items may have to be picked up by a courier service. Otherwise, please use a secure delivery method which requires a signature upon receipt (such as S.A. Post Office, Registered Mail) and return to:

Shop 101
Nelson Mandela Square
5th Street
Sandton
Johannesburg
South Africa
2146

  • You will be responsible for the returned Products until they reach us.

ART NOW Responsibilities

  • ART NOW has tried to make the descriptions (including all pictures) of the Products as accurate as possible.
  • ART NOW shall insure Ordered Products at their retail value whilst being delivered to you. Please check the delivered Products as soon as possible on receipt as we will not cover any subsequent loss or destruction.
  • ART NOW will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.
  • Because of the nature of the Internet ART NOW provides and maintains artnow.co.za on an "as is", "as available" basis and makes no promise that use of artnow.co.za will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
  • Our website contains links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
  • Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
  • You will be responsible for any breach of these terms by you and if you use artnow.co.za in breach of these terms you will be liable to and will reimburse ART NOW for any loss or damage caused as a result.
  • These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall they exclude or limit ART NOW's liability for death or personal injury resulting from its negligence nor any fraudulent representation.
  • ART NOW will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
  • Please read the instructions, manuals and other user documentation that comes with your Products carefully. ART NOW is not involved in the manufacture of Products and will not advise on their use or operation or the manufacturer's guidelines. You are urged to use all Products safely and in accordance with the manufacturer's guidelines.
  • These terms do not affect your statutory rights as a consumer which are available to you.
  • Subject as aforesaid, to the maximum extent permitted by law, ART NOW excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to ART NOW and ART NOW shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
    • any incorrect or inaccurate information on artnow.co.za;
    • any interruptions to or delays in updating artnow.co.za;
    • the infringement by any person of any Intellectual Property Rights of any third party caused by their use of artnow.co.za or any Product purchased through artnow.co.za;
    • any loss or damage resulting from your use or the inability to use the artnow.co.za web site or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control;
    • any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong;
    • any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading artnow.co.za, or from transmissions via emails or attachments received from ART NOW or its licensees and affiliates;
    • the availability, quality, content or nature of the other sites on the Internet that are owned and operated by third parties ("External Sites") to which artnow.co.za link and web sites located on or through any External Site nor for any transactions involving External Sites (including as to 'cookies', personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions;
    • all representations, warranties, conditions and other terms which but for this notice would have effect.

General

  • ART NOW may change or withdraw any part of artnow.co.za, or may refuse you access to the web site at any time if we consider it necessary.
  • ART NOW may also terminate this Agreement and immediately remove, cancel or suspend access to and use of artnow.co.za upon breach of any part of these Terms whatsoever.
  • Termination shall be without prejudice to ART NOW's other rights.
  • ART NOW acts as principal on its own account and not as agent for you or any other person.
  • If ART NOW does not enforce any provision of this agreement such will not be considered a continuing waiver.
  • In the event that any part of these Terms is held to be unenforceable, such part will at ART NOW's option be construed as far as possible to reflect the parties' intentions and the remainder of the provisions will remain in full force and effect.
  • These Terms constitute the full agreement between you and ART NOW and may only be amended in writing. They apply to the exclusion of all other terms or conditions of contract proposed.
  • Since we are principally aiming artnow.co.za at the South African market, we cannot guarantee that it accords with local laws of any other countries (though we will try to make sure it does).
  • Use of artnow.co.za and these terms are subject to the laws of South Africa and the jurisdiction of the South African Courts.

Reaching Us

  • If you would like help when Ordering, information about a Product, a request for a Product or if you would just like to provide us with feedback on our service, please email us at art.now@mweb.co.za
  • You can also contact us:
    • By post at PO Box 781646, Sandton 2146 Johannesburg, South Africa, 2146
    • By fax to +27 11 784-2279;
    • By telephoning +27 11 784-2292 between the office hours of 9am and 6pm GMT+2.



MEMBER: B. Yiannakis

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