Terms & Conditions

By accessing and using this website, www.discovermyart.com (the “Site”), and/or the “Services” (“Service(s)” refers to the online service provided by DiscoverMyArt (“DMA”) for selling and purchasing original works of art and digital reproductions thereof) in it or related to it, you, the user, agree to be legally bound by the terms and conditions that are set out in this notice. If you do not wish to be legally bound by these terms and conditions, then you are not permitted to access, display, share, or use in any manner any part of the contents contained in this website. If you accept or agree to these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and Conditions and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

In the event that there are terms and/or conditions posted on other parts of this Site as a result of accessing such parts of the Site, and such terms and conditions on that part of the Site are in conflict with the “Terms and Conditions” in this notice, then the terms and/or conditions applicable to that part of the Site where they are applicable, will take precedence, however, only on the point of conflict. The remainder of the Terms and Conditions in this notice will take precedence and remain applicable and enforceable.

Usage of the website

By using this website you agree to do so with intent and purposes that are lawful. You agree to refrain from using this Site and its Services in an unlawful manner, including but not limited to: making a speculative, false, or fraudulent purchase; using any information or content on the Site in any manner that infringes upon any copyright, trademark, patent, proprietary right, trade secret, moral rights or other intellectual property rights of DMA and/or any related party; the commission of a criminal offence; the transmission of unlawful material; gaining unauthorised access to other networks, accounts, or computer systems by any means;  violating any party’s rights to publicity or privacy; using, displaying, framing, or mirroring the Site, or any individual element within the Site, without DiscoverMyArt’s (“DMA”) express written consent.

Applicable Law

These Terms and Conditions are governed by the laws of the Republic of South Africa, and the user consents to the jurisdiction of the Mpumalanga High Court in the event of any dispute, with the exception that DMA has the right, in its sole discretion, to commence and pursue proceedings in alternative jurisdictions.

DiscoverMyArt Content

DMA may also make available through the Site and its Services text, graphics, audio, video and images of works of art (collectively, “DMA content), some of which is owned by DMA and some of which is made available under license by a third party. DMA content may not be copied, modified, reproduced, republished, posted, transmitted, transferred or sold, displayed, or in any way exploited, in whole or in part, except as is expressly permitted in writing by DMA. DMA reserves the right to modify or withdraw, temporarily or permanently, the Site, in whole or in part, with or without notice to you and you hereby agree that DMA shall not be liable to you or any third party for any modification to or withdrawal of the Site.

Accuracy of Information/Content

Every effort is made to ensure that the information provided on the Site is current and accurate. However, you should not assume that the information on the Site is always current or accurate, and other sources of this information should be consulted before making any decision to act on the information displayed on this Site. DMA cannot be held responsible for any errors on this Site.

Every effort is made to ensure that the images provided by the seller (i.e. the artist, sculptor, gallery, agent, etc) or provided directly by DMA, on this Site, will render the original artwork/product as accurately as possible with regards to colour, texture, shape, etc. However, you agree that you are aware that these are only a guide and that DMA will accept no responsibility for differences between the images provided on this Site and the actual artwork/product. [Tip: Colours in images can be rendered differently on different screens/displays, especially older screens/displays where the possibility of colour and/or luminosity loss is normal]

Product Availability

DMA is dependent upon the artist, sculptor, gallery, agent on behalf of the artist, and the like that is selling or supplying the artwork (collectively referred to as the “Art Supplier/s) to keep DMA updated with regards to the availability of the original artworks and/or  the digital reproductions thereof listed on the Site. DMA makes every effort to ensure that communication with the Art Supplier is continual and frequent so as to keep the Site updated and current with regards to product availability. However, DMA shall not be liable, directly or indirectly, for any loss or damages of whatsoever nature suffered by you due to the unavailability of any artworks/products featured on the Site for any reason whatsoever.

Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that DMA is not responsible or liable for: the availability or accuracy of such websites or resources; or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by DMA of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services that are provided on, through, or as a result of the Site (collectively referred to as “Feedback“). You may submit Feedback by emailing us at customerservice@discovermyart.com. However, you agree not to transmit any material that is unlawful or harmful, defamatory, abusive, threatening, vulgar or obscene. You remain liable to any third party for your Feedback, and DMA is not liable to any third party regarding the content of your Feedback.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of DMA used herein are trademarks or registered trademarks of DMA. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Privacy

DMA holds in high regard the privacy of visitors and users of this Site. See DMA’s Privacy Policy at [provide link to Privacy Policy] for information and notices concerning DMA’s collection and use of your personal information.

Copyright

DMA respects copyright law and expects its users to do the same. Please see DMA’s Copyright Policy at [provide link to Copyright Policy] for further information.

Shipping

Please refer to DMA’s Shipping Process at [provide link to Shipping] for further information on Shipping.

Returns

DMA considers itself to be reasonable and negotiable when it comes to returns. DMA offers a full money back 10-day Return Policy. For more information regarding returns please see our Returns Policy at [provide link to Returns Policy].

Payment Options

All online credit card payments are processed by the leader in the industry for processing online payments securely – PayPal. Buyers are able to make secure payments via PayPal using their credit card, debit card (certain debit cards are excluded), via their PayPal accounts, and certain additional methods facilitated by PayPal.  Your card details will never be stored on DMA’s website or in its database. The payment process is encrypted and securely handled by PayPal. If you wish to avoid making an online payment, then payments via an electronic transfer/international wire transfer are an alternative option. To view more information regarding security and buyer protection with online payments, please visit www.paypal.com/za/webapps/mpp/paypal-safety-and-security.

Certificate of Authenticity

Purchases of all artworks are accompanied with a certificate of authenticity indicating the current value of the artwork, the artist, the artist bio (where applicable), info concerning the artwork (where applicable), and other relevant info. Digital reproductions of artwork will be accompanied with a certificate of authenticity, which in addition to the info provided for the original artwork, will provide info with regards to the date of the print and the edition number of the print. No certificates will be issued with Open Edition Prints (these are artworks whereby a limited number of digital reproductions of the original is not imposed).

Exclusion of Liability

It is a term and condition of the use of this Site that you expressly agree that the use of the Site is entirely at your own risk. The Site and all content on the Site is provided on an “as is” basis, and DMA makes no representations or warranties of any kind, whether express or implied, to the accuracy of the contents on the Site. DMA makes no warranty that the Site, Services, and/or DMA content will be uninterrupted, secure, error-free, or that these are free from viruses or other harmful components.

DMA, its Art Suppliers, affiliates, and/or representatives shall not be liable for any loss or damage, whether direct, indirect or consequential, or any expense of any nature whatsoever, which may be suffered by you the user, which arises directly or indirectly upon reliance of the Site, its Services, and/or its content.

DMA, its Art Suppliers, affiliates, and/or representatives shall not be liable for any direct or indirect, special, incidental, consequential or other damage of any kind whatsoever suffered or incurred by you related to your use of, or your inability to access or use, the Site or its Services or any other functionality of the Site or of any linked website, even where DMA is expressly advised thereof.

You will indemnify DMA, its owners, employees, suppliers and/or representatives, and keep them fully indemnified, from and against any loss or damage suffered or liability incurred in respect of any third party, which arises from your use of this Site.

Severability

These Terms and Conditions constitute the entire agreement between DMA and you, the user of this Site. Any failure by DMA to exercise or enforce any right or provision of these Terms and Conditions shall in no way constitute a waiver of such right or provision.

In the event that any term or condition of the use of this Site is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.