Terms and Conditions
Website Terms and Conditions of Use Relating to www.unsungart.co.za; Unsung Art. These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Unsung Art (“Provider”) website located at the domain name https://unsungart.co.za (“the Website”).
By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content (pictures, photos, copy) obtained on the website for marketing and other purposes without the consent of the Provider (Unsung Art and/or artist).
CONTENT DISPLAYED ON THE SITE AND ORDERS –
Purchase of products:
- We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system.
- You agree that the images of the Works displayed on the Site (“Site Images”) are guidelines only.
- Unsung Art has taken reasonable care to ensure that the Works are presented as accurately as possible and will accept no responsibility for differences between the Site Images and the actual Works.
- When you order a product from our website you are offering to buy it at the price stated, subject to these terms.
- We reserve the right to refuse an order. Non-acceptance of an order may, for example, result from one of the following:
- The product ordered being unavailable from stock
- Our inability to obtain authorisation of payment
- The identification of an error within the product information, including price or promotion
- Prices displayed on the Site are shown in South African Rand. Prices are subject to change at any time.
- Standard delivery is free within South Africa, however for heavy items, we may ask you to pay an extra fee, to cover the specific shipping cost. This will be clearly communicated before we commence with packing of the sale in the form of a quote and pro-forma invoice which will need to be accepted and paid before we complete the order
Changes in products and pricing:
- All pricing for our products is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, currency fluctuations, product discontinuation, errors in advertisements, and other extenuating circumstances.
Delivery and delivery address:
- We cannot be held responsible for an incorrect address being entered while ordering on our website.
- If you complete your Order and then notice that the address details are incorrect, please contact us immediately: email@example.com
- Delivery of products will be done via Courier to address stated at checkout and every reasonable attempt will be made to ensure delivery within 10 business days or sooner (if any issues we will reach out via email advising of any delays)
- Insurance for delivery of parcels via courier will be at the customer’s own cost and can be quoted for and added to price after checkout at the customer’s request. Every reasonable effort is taken to ensure the parcels are packaged safely for delivery, however issues that occur during transport are out of Unsung Art’s control and therefor cannot be held liable for damages once parcels leave our care.
Order acceptance and cancellation:
- Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.
- We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is cancelled, you will receive a refund.
- Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.
You can pay on Unsung Art using your Visa or MasterCard credit or debit card, via Electronic Funds Transfer (EFT) or SnapScan.
- Unsung Art accepts payment with Payfast, SnapScan and EFT (Electronic Funds Transfer).
- Upon receiving your Order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction.
- Goods will not be dispatched until this pre-authorisation check has been completed or we have received confirmation of money in our account in the case of EFT payments
- If the issuer of your payment card refuses to, or does not authorise payment for any reason, then you will be notified of this immediately prior to completing your purchase using the Site at the check-out stage.
- Your card will be debited once the Order has been accepted.
- Unsung Art accepts International Orders but the excess cost of courier will be charged to the buyer (including insurance if the buyer wishes to have the items insured)
- We aim to provide the most reasonable surcharge with the buyer being provided with the Courier invoice in agreement before dispatch.
- You may also be liable for any customs and import duty, quotas, permits, product restrictions and other local requirements. These charges must be paid by the recipient of the parcel. Customs policies vary widely from state to state and country to country. Therefore we suggest that you check the requirements in your country before placing an order. We will not be liable for any custom or import duties.
SHIPPING POLICY –
- We aim to process your order within 24 – 72 hours of it being placed and paid for.
- Please allow for 5 – 10 working for delivery.
- The artworks will be couriered to you and will not be sent otherwise.
- Unsung Art only ships orders Monday to Friday, during office hours, and does not operate on public holidays.
- Once an order has been registered and payment accepted, and order shipped, it is in the courier service. We are not liable for any errors made by/damages caused by these services.
- Once you have received your parcel, please open it with care. Unsung Art is not liable for any items damaged during the opening of your parcel.
ADVERTISING DISCLAIMER AND TRADEMARKS –
- We attempt to be as accurate as possible with Products descriptions and prices. However, we do not warrant that Product descriptions or prices are accurate. In the event that a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers and brands, we shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price.
- We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge. We apologize for any inconvenience this may cause you.
- If you are not completely satisfied with your purchase, you may return it in accordance with our Return Policy, as set forth below.
RETURN & EXCHANGE POLICY –
- We want all of our customers to be happy with purchases made at Unsung Art. However, if you receive any products that you are unhappy with, you may contact us within 2 working days of receiving it and we will offer you a store credit of the item. The purchase price is the amount you paid for the product and does not include any delivery costs.
- All products are returnable, excluding:
- All Products bought on sale
- Products returned must be undamaged and still in their plastic protection. We shall have no obligation to accept any return that we receive after the expiration of the applicable return period (2 weeks after receipt of your parcel). Please ensure when returning the parcel that the Products are properly protected.
- If you wish to exchange a product, you will be given a store credit that you will be able to use towards your next order.
- Please be aware that any purchases made with store credits are processed as a new order and standard courier costs and delivery times will apply.
- You are responsible for courier costs of returning the item.
UPDATING OF THESE TERMS AND CONDITIONS –
- Unsung Art reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time.
- Changes to these Terms and Conditions will become effective upon such changes being posted to this Website.
- It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates.
- The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS –
- Unsung Art provides certain information at the Website.
- Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws.
- The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice.
- All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
LIMITED LICENSE TO GENERAL USERS –
- Unsung Art grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider. Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website.
Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Any unauthorised use terminates this license.
LIMITATION OF LIABILITY –
- The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors.
- The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
PRIVACY: CASUAL SURFING –
- The User may visit the Website without providing any personal information.
- The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information.
- This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc.
- The Provider uses this information to determine use of the Website, and to improve content thereon.
- Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
- For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded here.
CHOICE OF LAW –
- This Website is controlled, operated and administered by Unsung Art from its offices within the Republic of South Africa.
- Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited.
- The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Cape Town High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.