PLEASE TAKE NOTE
In these Terms and Conditions there are certain provisions that appear in bold font and which identifies provisions that –
By identifying provisions in this manner your attention is specifically drawn to these Terms and Conditions because they are important and should be taken careful note of by you.
These Terms and Conditions include the provisions contained on the pages listed directly below and which also apply to your use of our Website. Please ensure that your review these pages as well:
INFORMATION ABOUT THE WEBSITE
We are NewBreedArt (Pty) Ltd, registration number 2019/287497/07 trading as “NewBreedArt” on the website www.store.newbreedart.co.za (“Website”) which is owned and operated by NewBreedArt. Any reference to “we”, “us” and “our” shall be a reference to NewBreedArt.
NewBreedArt is an online store for the purchase of art, delivered to your door or collected from a nominated pickup point.
The terms and conditions for the Website listed here govern the order, sale, delivery and return of art products (“products”) via the Website as well as your use of the Website (“Terms and Conditions”).
When you place an order to NewBreedArt, make payment to NewBreedArt or accept delivery of any products from NewBreedArt, each action shall constitute a re-confirmation of your acceptance of these Terms and Conditions. These Terms and Conditions shall prevail over any separate terms that may be put forward by you, in whatever form and at whatever time, whether in writing, by email or verbally, and are accordingly expressly waived and excluded. No other terms or changes to the Terms and Conditions shall be binding unless agreed to in writing between you and an authorised representative of NewBreedArt.
To place an order on NewBreedArt you must be 18 years of age or older and have full legal capacity to transact. If you are under 18 years of age, you will have to ensure that your order is placed by your parent or legal guardian, who will then be bound by these Terms and Conditions.
NewBreedArt only allows the use of this Website subject to the Terms and Conditions. By using this Website in any way, you are deemed to have accepted the Terms and Conditions unconditionally. If you do not accept the Terms and Conditions you must not continue to use this Website.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to contact NewBreedArt to ask for an explanation before you accept the Terms and Conditions or continue using the Website.
These Terms and Conditions (as may be amended by NewBreedArt from time to time) shall commence on the date on which they are published on the Website and shall continue indefinitely for so long as the Website exists and is operational, NewBreedArt being entitled to terminate these Terms and Conditions and/or shut down the Wesbite at any time (subject to the processing of any orders already placed and accepted by NewBreedArt).
To comply with the Electronic Communications and Transactions Act, 2002 we hereby provide you with the following corporate information about us:
REGISTERING AND USING THE WEBSITE
NewBreed Art, subject to these Terms and Conditions, takes responsibility for all aspects relating to the sale of products sold on this Website, customer service and support, dispute resolution and delivery of products.
Guests and registered users may order products on the Website. A user can place online orders for products, provided such are in stock or can be sourced within the specified lead time indicated on the Website. Although NewBreedArt will make all reasonable efforts to have stock available and delivered within the specified lead times, NewBreedArt provides no warranty, guarantee or undertaking that it will be able to deliver the specified products within the indicated lead times as it is dependent on third party shipping providers.
You do not need to be a registered user in order to browse the Website or purchase products, but you will need to provide us with shipping information for your order to be placed and processed and products delivered to you.
To register as a user, you must provide a unique username and password and provide basic personal information to allow NewBreedArt to create a user profile, process your order and deliver products to you. You will need to use your unique username and password to access the Website in order to purchase products and to track your orders.
You agree and undertake that your username and password shall be used only for your personal use and shall not be disclosed by you to any third party.
You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of any orders placed against your user profile, save where the order is cancelled by you in accordance with these Terms and Conditions.
You agree to notify NewBreedArt immediately upon becoming aware of or reasonably suspecting that unauthorised access under or use of your username and password is or has occurred and undertake to take all reasonable steps to mitigate any resultant loss or harm, including but not limited to changing your password.
You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, trojan, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised NewBreedArt representative (such consent is deemed to have been given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
You may not use the Website to distribute material or make commentary which is inappropriate, defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful or illegal. NewBreedArt retains the right to remove, edit or block any comments posted by any user on the Website for any reason whatsoever including for a violation of the provisions of this clause.
You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised NewBreedArt representative.
NewBreedArt retains the right to remove, block or refuse access to any registered user on reasonable grounds, including but not limited to any violation of any of the provisions of these Terms and Conditions.
PLACING AN ORDER FOR GOODS
Users may place orders for products, which NewBreedArt may accept or reject. Whether or not NewBreedArt accepts an order depends on the availability of the product, correctness of the information relating to the product (including without limitation the price) and receipt of payment or payment authorisation by NewBreedArt for the product.
NewBreedArt will indicate the acceptance of your order by delivering the product to you or allowing you to collect them, and only at that point will an agreement of sale between you and NewBreedArt come into effect (“Sale”). This is regardless of any communication from NewBreedArt stating that your order or payment has been confirmed. NewBreedArt will indicate the rejection of your order by cancelling it and, within 10 days of such rejection, refund you for any amount already paid.
Prior to delivery or your collection of the products, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or collection of the product, you may cancel the order only in accordance with our Shipping and returns Policy.
Placing products in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such products, and as such, products may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold NewBreedArt liable if such products are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
You acknowledge that you understand that stock of all products on offer is limited and that pricing may change at any time without notice to you. When products are no longer available after placing an order, NewBreedArt will notify you and you will be entitled to a full refund of the amount paid by you for such products in accordance with our Shipping and returns policy.
PAYMENT FOR ORDERS
Payment may be made via Visa, MasterCard or Electronic Fund Transfer ("EFT") into our designated bank account. Card transactions will be acquired for NewBreedArt via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no card details are stored on the Website. Users may go to www.paygate.co.za to view their security certificate and security policy. Our customer details are also stored separately from any card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za. After your payment has been processed by PayGate we are forwarded a confirmation of your payment of the purchase price and we can continue with your order, subject to our Terms and Conditions.
Irrespective of any price displayed, once you select a product in your shopping basket and have proceeded to the checkout, the amount to be paid (including delivery charges) will be shown in the checkout area on the Website together with the charges you must pay (“purchase price”). The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
You may contact us via email at firstname.lastname@example.org to obtain a full record of your payment. We will also send you email communications about your order and payment.
Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to PayGate site for payment of the applicable purchase price for the products.
You acknowledge that the debit or credit, account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the purchase price. We reserve the right to obtain validation of your payment details before providing you with any products.
ERRORS ON THE WEBSITE
Although we will use all reasonable efforts to accurately reflect the description, availability, lead times, pricing and delivery charges of products on the Website, should there be errors of any nature whatsoever on the Website (not due to our gross negligence), including, but not limited to, errors in pricing which are manifestly incorrect, NewBreedArt shall not be bound by such errors or be liable for any loss, claim, cost or expense relating to any transaction entered into based on such error, except to refund any amount that may have been paid or deal with a return in terms of our Shipping and returns policy.
NewBreedArt cannot be bound by or held responsible for any errors or incorrect information regarding our Website or products displayed on any third party websites.
TERMINATING OR SUSPENDING YOUR ACCOUNT
NewBreedArt is entitled to in its sole discretion and without prior notice to you to suspend or terminate your user account in the event of a suspicion of fraud, improper conduct, abuse or any other grounds deemed appropriate by NewBreedArt, subject to the processing of existing orders or the refund of any monies paid to NewBreedArt. NewBreedArt shall incur no liability by reason of such suspension or termination.
COPYRIGHT AND INTELLECTUAL PROPERTY
Any and all copyright relating to the Website is held by NewBreedArt and any rights not expressly provided are reserved by NewBreedArt. To obtain permission for commercial use of any content on this Website, please contact us. All content, trademarks, images, multi-media and data on this Website are the property of or available under licence of NewBreedArt and protected by local and international law.
Where any of the content on the Website has been licensed to NewBreedArt or belongs to a third party, your rights of use will also be subject to any terms and conditions which that licensor or third party may impose from time to time and you agree to comply with such third party terms and conditions and respect the proprietary rights of such third parties.
GOVERNING LAW AND JURISDICTION
This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to our provisions regarding disputes below, you and NewBreedArt submit to the jurisdiction of the South African courts.
Nothing in these Terms and Conditions however excludes or limits your right to approach any competent forum identified in terms of the Consumer Protection Act, 2008.
For purposes of legal notices or other communication of any kind NewBreedArt elects the following address:
17 Third Avenue, Westdene, Bloemfontein
You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving NewBreedArt not less than 10 days’ notice in writing.
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and NewBreedArt on any matter provided for in, or arising from these Terms and Conditions, and not resolved through communication with NewBreedArt, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded here.
THIRD PARTY WEBSITES
This Website may contain links or references to other websites which are outside of our control, and NewBreedArt shall not be liable for the terms and privacy conditions of such third party websites and your use of and reliance on such third party websites is entirely at your own risk and responsibility and NewBreedArt shall not be liable for loss or damage you may suffer or incur as a result of such use.
DISCLAIMER AND LIMITATION OF LIABILITY
In addition to disclaimers made elsewhere in these Terms and Conditions, NewBreedArt hereby wishes to bring the following to your attention:
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
No failure or delay, by NewBreedArt or you, in exercising any right under these Terms and Conditions shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish NewBreedArt’s or your rights under these Terms and Conditions.
You may not without the express consent of NewBreedArt, represent NewBreedArt or act as an agent or authorised representative of NewBreedArt towards third parties. Nothing in these Terms and Conditions shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and NewBreedArt.
These Terms and Conditions contain the whole agreement between you and NewBreedArt and no other provisions, warranty or undertaking will be valid, unless contained in these Terms and Conditions.
No person who is not a party to these Terms and Conditions shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions its assent to any such term.
If any clause in these Terms and Conditions shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions shall be capable of continuing in effect without the unenforceable term.
Nothing in these Terms and Conditions are intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, of either you or NewBreedArt (as the case may be) under the Consumer Protection Act, 2008.