TERMS AND CONDITIONS POLICY OF ANNALIE LAMPRECHT ART
DEFINTIONS
Client: A client is an individual, organization, or entity that engages or seeks services, products, or expertise from another party, typically referred to as a service provider, vendor, or professional. Clients often seek specific goods or services to fulfill their needs, and they may enter into agreements or transactions to obtain the desired outcomes. The term "client" is commonly used in various contexts, including business, law, consulting, and creative industries, to describe the party receiving a service or product.
Artist: An artist is a person who engages in creative activities, often involving the production of visual, auditory, or expressive works of art. Artists use their talents, skills, and imagination to create original pieces that convey emotions, ideas, or concepts. The term "artist" can encompass a wide range of creative disciplines, including but not limited to painting, sculpture, music, literature, dance, theater, photography, film, and digital media. Artists contribute to cultural expression and innovation by using various mediums and techniques to communicate their perspectives and engage with audiences.
Buyer: A buyer is an individual, organisation, or entity that acquires goods, services, or assets through a transaction or exchange. Buyers are involved in the process of purchasing items or services to fulfill their specific needs or desires. In a commercial context, buyers are integral to the supply chain, as they select and procure products or services from sellers, suppliers, or vendors. The term "buyer" can be used in various contexts, including retail, business-to-business transactions, and procurement, and it refers to the party that initiates and completes a transaction to obtain the desired goods or services.
1. REGULATIONS
1.1 We retain the right to make periodic changes, modifications, additions, or removals to these Terms and Conditions at our discretion, and it is the responsibility of the user to regularly review them for updates. All revised Terms and Conditions take effect as soon as they are posted on the website. Any use of this website following such updates indicates the user's acceptance of the changes.
1.2 Annalie Lamprecht Art holds complete and exclusive rights regarding the website and its content, except for those explicitly granted within these Terms and Conditions. We reserve the authority to withdraw all rights specified in these Terms and Conditions at any time and without prior notice, for any reason or no reason at all. Additionally, we have the right to prohibit a user from accessing the website, utilizing its content, and engaging in activities like reproducing and downloading content in the event of a breach of these terms. We also retain the right to take appropriate actions, including legal proceedings, to safeguard and uphold our rights.
1.3 These terms and conditions govern your utilisation of our e-commerce website for crafting, exchanging, and interacting with any digital artwork. Upon accessing or using our e-commerce website, you are agreeing to adhere to and be bound by the subsequent terms and conditions. It is vital that you read them attentively. These Terms and Conditions are applicable to all sections of the managed e-commerce website.
2. OWNERSHIP AND COPYRIGHT
2.1 All artwork created by the artist, whether digital or traditional, is and shall remain the exclusive property of the artist. The artist retains all copyright and intellectual property rights over the artwork. No part of the artwork may be reproduced, modified, distributed, or sold without the artist's explicit written permission.
3. INTELLECTUAL PROPERTY
3.1 The content on this website, including marks, information, images, layout, documents, audio, video, text, software, and more, is safeguarded by copyright, trademark registrations, and other protective laws. It is strictly prohibited for the user to copy, download, publish, adapt, distribute, or collect any content from this website without obtaining prior written consent from the company.
3.2 The marks, encompassing trademarks, trade names, logos, trading names, and slogans, are the exclusive property of the company. Unauthorised utilisation of these marks in the course of business, except for expressly authorised purposes by the company, constitutes a violation of the marks and the associated rights.
3.3 The user is forbidden from using or reproducing the content of this website in any manner that could potentially harm, injure, or impair the reputation of the company.
4. COPY OF MISCONDUCT
4.1 Respect and Professionalism: We treat all art with respect, professionalism, and courtesy.
4.2 No Harassment: We do not engage in any form of harassment, bullying, or discrimination based on race, gender, sexual orientation, religion, nationality, or any other personal characteristics.
4.3 Prohibited Content: Refrain from transmitting content that is offensive, explicit, defamatory, infringing, or in violation of any relevant laws or regulations when there is communication made between artist and client.
4.4 Incompatible: In cases where the artist possesses personal reservations or considerations that conflict with the nature or content of a project, the artist reserves the right to decline engagement with said project.
4.5 Respect for Others' Work: Always respect the intellectual property rights of others and do not reproduce, distribute, or modify the artist work without proper authorisation.
5. ARTWORK SALES
5.1 Pricing and Payment: The prices of the artwork are as listed on the artist's website or as otherwise agreed upon between the artist and the client buying. Payment must be made in full before the artwork is delivered or shipped to the client.
5.2 Refunds and Returns: All sales are final. No refunds or returns will be accepted unless the artwork is significantly damaged during shipping. In such cases, the client must notify the artist within 48 hours of receiving the artwork. (This does not include custom ordered artwork, only prints ordered from the website or offline transaction.)
5.3 Online/offline artwork: The client acknowledges that purchasing both offline and online artwork entails inherent differences in terms of viewing, quality perception, and potential variations in representation due to digital mediums. Any claims or expectations arising from these distinctions are the responsibility of the client and not the artist or the e-commerce website.
6. LICENSING AND USAGE RIGHTS
6.1 Personal Use: The buyer may display the purchased artwork for personal use, including in their private residence or office space.
6.2 Commercial Use: Any commercial use of the artwork, such as reproduction, distribution, or display in public spaces, requires prior written consent from the artist. Additional licensing fees may apply.
7. LIMITATION OF LIABILITY
7.1 The artist strives to ensure that all artwork is accurately represented on the website. However, the artist does not guarantee that the colours, textures, or other details of the artwork will be exactly as displayed on your screen due to variations in monitor settings. This includes when sharing digital art files of custom work.
7.2 The artist is not liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use the artwork, including but not limited to loss of profits, business interruption, or loss of data.
8. CANCELATIONS
8.1 The artist has the ability to cancel the project if the artist deems necessary. Whether it is disruptive or disrespectful behaviour, exploitation or not adhering to any of the terms and conditions. In the case where the project is cancelled, the client will receive the digital project files of what has thus far been completed. The 50% non-refundable deposit will not be repaid.
8.2 If the client cancels the project midway for any unforeseen circumstances whether personal, medical, financial, mistakes or mislead information from the client’s side, the client cannot expect the deposit to be refunded. It is also expected that the client pays any percentage amounts outstanding if the project has been completed more than 50%.
8.3 The client also agrees if the project is canceled for any reason per point 9.2, that the artwork whether physical or digital works will not be sent to the client. And will be placed into storage for 1 month, the client has the ability to resume the project by notifying the artist. If the client does not resume the project after 1 month, the artist has all reserved rights to make amendments and resell the work.
8.4 If the client considers canceling the project due to concerns related to the artist or the work in progress, it is strongly advised to engage in a discussion to address these concerns before making any hasty decisions. The artist is committed to attentively listening and rectifying any errors to ensure the client receives the utmost quality of service possible.
9. GOVERNING LAW AND JURISDICTION
9.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction where the artist resides. Any disputes arising from or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.
10. AMENDMENTS
10.1 The artist retains the authority to revise or modify these Terms and Conditions at any point without advance notice. Before making any purchase, it is incumbent upon the buyer to review the latest iteration of the Terms and Conditions.
10.2 By using the artist's website or purchasing their artwork via website or offline transaction including custom project orders), you acknowledge that you have read, understood, and agreed to abide by these Terms and Conditions.
11. ALTERNATIVE DISPUTE RESOLUTION
11.1 Any dispute regarding the access to or use of this website, the content thereof, and these Terms and Conditions shall be referred for expedited arbitration in terms of the rules of the Arbitration Foundation of South Africa, to be heard in Kempton Park, in English.
Contact us:
If you have any questions, concerns, or feedback regarding these terms and conditions, please contact us at [email protected].