Terms & Conditions

  1. Acceptance of User Agreement

Welcome to the RawdeneArt Terms and Conditions and User Agreement.

RawdeneArt.com (the “Website”) is owned and operated by RawdeneArt.

Visitors to the Website (“Users” or “you”), including those who register online for a user account (“User Account”)

If you are under the age of 18 years, you may not register for a User Account. By registering for a User Account, you warrant that you are over the age of 18 years.

 

  1. User Account

When creating a user account, you agree to provide RawdeneArt with a current email address and to update such information immediately upon any changes.  You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content.  You will also need to create a password.

You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.  You agree to (a) immediately notify RawdeneArt of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.  RawdeneArt cannot and will not be liable for any loss or damage arising from your failure to comply with this.

 

  1. RawdeneArt Services and Images

RawdeneArt operates the Website through which all Users are able to select a range of artworks and digital images for purchase. Payments are made through a secure payment gateway or by EFT to our bankers.

RawdeneArt undertakes to deliver all products ordered on the website within 14 days, to the quality indicated on the website, for the agreed price at the time of the transaction.

All product information, refund and returns policy, shipping methods and all available payment methods are detailed on the Website.

 

  1. RawdeneArt Terms of Sale

These Terms of Sale apply to all offers made by RawdeneArt, all orders placed by you and all agreements concluded between us in relation to the products and services offered on this website.

4.1. Return Rights

We are committed to quality products and your satisfaction is 100% guaranteed.

Please note that due to the differences between monitors and other devices and the personal settings for brightness and contrast of individual persons the print received may not be EXACTLY what you see on your screen but is faithful to the colour and density of the artist’s original.  In the case of very slight differences in colour and tone between what you see on the website on your device and the print received, since we cannot exactly match every monitor and device, we reserve the right to not replace the images in these circumstances.

If for any reason you are not completely satisfied with the quality of your purchase, you may return it at your own cost, that is, you will be responsible for paying for your own shipping costs for returning your item, within 7 days of receipt with a full refund for the price of the product. No shipping charges will be refunded.

Please note, that we do not accept returns on prints based on the fact that you no longer like that particular image.  Your decision to buy means that you acknowledge that the image as seen on your computer/phone/device is the image that you have approved and wish to purchase.  All the images on the website are low resolution versions of the actual high-resolution image that is used to make your print.

If your order should arrive in less than satisfactory condition simply contact us to let us know, send us a digital photo of the damaged goods to

To return your item(s) please pack them in the original tube or box. We strongly encourage you to return your item via a trackable method.

4.2. Pricing

If the User’s payment is not received within 3 days of an order being placed, then the order will be deemed to be null & void. Notwithstanding the product prices shown on the website, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items shown on the website may be incorrectly priced as a result of price changes that are implemented at or about the time of your visit to the website, or as a result of items cached on your computer. However, we do not charge your credit card until after your order has entered the shipping process. If an item’s correct price is higher than our stated price, your sole recourse is cancellation of your order. All prices on this Website are shown in ZAR (South African Rand).

4.3. Product Descriptions

We attempt to describe our products offered as accurately as possible. However, we do not warrant that product descriptions or other content of the website are 100% accurate, complete, reliable, current or error-free. If a product offered by us and purchased by you is not as described, your sole remedy is to return it in an unused condition for a refund.

4.4. Disclaimer

We are not liable for any financial damage (including but not limited to the cost of any replacement purchase) that may occur because of non-timely arrival or any lack of availability or conformity of the product.

4.5. Shipping

All items purchased through RawdeneArt are made pursuant to a shipment contract.  Title and risk of loss for all products ordered by you shall pass to you on RawdeneArt’s shipment to the shipping carrier.

 

  1. Warranty and Liability

RawdeneArt makes no representations or warranties of any nature whatsoever in relation to the Website and/or Services, implied or otherwise, including any warranty that the Website or the server that makes the Website available is free from viruses or other harmful components, or that the functions, content and technology available from the Website are uninterrupted and/or error free. RawdeneArt may suspend access to the Website without notice at any time and accepts no liability for any consequences of the Website being unavailable for any reason.

All risk and liability arising from your use of the Website vests with you and neither RawdeneArt nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website, including any harm to your computer from viruses, or damages suffered due to the Website being unavailable for any reason. You are encouraged to report any possible malfunctions and errors to us by contacting us at info@rawdeneart.com

This Website is supplied on an “as is” basis, has not been compiled or supplied to meet your individual requirements, and RawdeneArt is not liable for anything you find on the Website or any liability you incur through your use of the Services. It is your sole responsibility to satisfy yourself that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.

If RawdeneArt is found, despite the aforegoing disclaimers, to be liable for any reason, its liability to you or any third party concerned (whether in contract, delict, negligence, strict liability, by statute or otherwise) is limited to ZAR500 (five hundred South African Rand). Also, under no circumstances will RawdeneArt be liable for any indirect or special damages, consequential loss, loss of profits or loss of data.

 

  1. Your indemnification of RawdeneArt

You hereby indemnify and hold harmless each of RawdeneArt, its parent, subsidiaries, affiliates, officers, directors and employees, against any and all loss, expense or damage you may suffer, or third party claims which may be made against them, which arise (directly or indirectly) from or in relation to your conduct on the Website or your failure to comply with this User Agreement (including the Privacy Policy), or your violation of any law or the rights of a third party relating to your use of the Website.

 

  1. Intellectual Property Rights, Trademarks and Copyright

Any and all copyright subsisting in the Website, including this User Agreement, vests in RawdeneArt and all rights not expressly granted are reserved.

All the content (excluding the Artist’s Proprietary Rights as described in 10.3. of these Terms and Conditions), trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to RawdeneArt and as such are protected from infringement by local and international legislation and treaties.

To obtain permissions for the commercial use of any content on this Website contact us at info@rawdeneart.com for assistance. You may not make any use of any RawdeneArt trademarks, logos, or trade dress without prior express and written approval by RawdeneArt.

RawdeneArt respects the intellectual property rights of others and we require our users to do the same.  We may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of RawdeneArt.

 

  1. Privacy

RawdeneArt respects your privacy, takes reasonable steps to protect your personal information, and will not disclose your personal information to third parties for marketing purposes without your consent. Please read our Privacy Policy as to our respective rights and obligations in this regard. If you are not satisfied with the level of privacy we provide or otherwise disagree with anything in the Privacy Policy, then you are deemed to not accept this User Agreement and you should not register for a User Account or otherwise use the Website.

 

  1. Security

Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that RawdeneArt suffers any damage or loss.

As a registered User, you agree and warrant that your log-in name and password shall; be used for your personal use only; and; not be disclosed to any third party.

You allow RawdeneArt to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.

 

  1. Prohibited Conduct

Hyperlinks, Framing, spiders and crawlers: No person, business or web site may link to any page on this Website, or use any technology to search and gain information from the Website, without the prior written permission of RawdeneArt. Such permission could be obtained by contacting RawdeneArt here: info@rawdeneart.com  In addition, no person, business or web site may –

  • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Website or any Website content;
  • reformat or frame this site or any of the pages on this Website in any way whatsoever.
  • delivering or attempting to deliver any damaging code to this Website or attempting to gain unauthorised access to any page on this Website
  • tampering, hacking, modifying or otherwise corrupting the security or functionality of the Website;
  • modifying, adapting, appropriating, reproducing, distributing, translating, creating derivative works or adaptations of, publicly displaying, selling, trading, or in any way exploiting the Website or Website content, except as expressly authorised by RawdeneArt;
  • reverse engineering any portion of the Website;
  • removing or modifying any copyright, trademark or other proprietary rights notice on the Website or on any materials printed or copied off of the Website;
  • attempting to gain unauthorised access to the Website, computer systems or networks connected to the Website through hacking, password mining or any other means; unauthorized individuals attempting to access these areas of the Website may be subject to prosecution;
  • using the Website or any Website content to transmit any computer viruses, worms, defects, Trojan horses, time bombs, cancelbots, easter eggs or other computer programming routines or items of a destructive nature in that they may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information;
  • using any device, software or routine that interferes with the proper working of the Website, or otherwise attempting to interfere with the proper working of the Website;
  • making excessive traffic demands;
  • violating the security of any computer network, crack passwords or security encryption codes; disrupt or interfering with the security of, or otherwise causing harm to, the Website or Website content;
  • removing, circumventing, disabling, damaging or otherwise interfering with any security-related features of the Website, features that prevent or restrict the use or copying of Website content, or features that enforce limitations on the use of the Website;
  • doing anything which may render RawdeneArt liable to anyone, or cause RawdeneArt to lose (in whole or in part) the services of our ISP’s or other suppliers.

You acknowledge that if you use the Website in a manner that violates the aforegoing provisions, RawdeneArt may incur liability and/or suffer damages and accordingly in the event of any such violation, your access to the Website will be subject to limitation, suspension or immediate termination; you will be subject to damages and other penalties, including criminal prosecution where applicable; and you will be held liable to RawdeneArt for any and all damages suffered by RawdeneArt including any attorney’s fees (on an attorney and own-client scale) and, without limiting the generality of the aforegoing, you shall reimburse RawdeneArt for any and all costs, expenses, and fines levied on it by third parties as a result of your activities.

 

  1. Term and Termination

This User Agreement shall commence from the date on which it is published on the Website and continue indefinitely, as amended by RawdeneArt from time to time, for so long as the Website exists and is operational, RawdeneArt being entitled to terminate this User Agreement and/or shut down the Website at any time.

 

  1. Changes to this User Agreement

RawdeneArt may, in its sole discretion, change this User Agreement or any part thereof at any time with or without notice. It is your responsibility to visit the Website to see whether the User Agreement has been amended and ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from using in any way, the Website.

 

  1. Governing Law and Jurisdiction

This Website is hosted in the RSA.  It is controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the ‘Disputes’ clause of this User Agreement, you and RawdeneArt submit to the non-exclusive jurisdiction of the South African courts.

 

  1. Domicile

RawdeneArt chooses as its domicilium citandi et executandi (ie its address) for all purposes under this User Agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: Paardevlei Square, Paardevlei, Somerset West, South Africa. 7130

 

  1. Electronic Communications

When you visit the Website or send emails to RawdeneArt, you consent to receiving communications from RawdeneArt electronically and agree that all agreements, notices, disclosures and other communications sent by RawdeneArt satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.

 

  1. Information

As required by the Electronic Communications and Transactions Act, RawdeneArt’s information is as follows:

Full name: RawdeneArt.com

Main business: Supplying Art Work

Address: Paardevlei Square, Paardevlei, Somerset West, South Africa 7130

Website: https://www.rawdeneart.com

 

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