Terms and Conditions
For purposes of these General Terms and Conditions and elsewhere on the website, “A4E” means Art for the Earth. Art for the Earth’s head office is located in Plettenberg Bay, the Western Cape – email address: email@example.com
For purposes of these General Terms and Conditions and elsewhere on the website, “Artist” means Supplier.
These General Terms and Conditions will apply to any and all agreements and legal relations pursuant to which Art for the Earth acts as supplier of items.
3. Product specifications; pricing; typographical errors
Art for the Earth will not be required to execute an order or compensate a buyer for any loss if Art for the Earth made an error when presenting the item, formulating its characteristics or stating its price, and
- it should have been clear to the buyer that such involved a printing error; or
- if the buyer should not, under the circumstances, have reasonably relied on Art for the Earth delivering quoted item, with stated characteristics, at this price.
Products sold by Art for the Earth are billed in Rands, we do not charge VAT.
Items are currently delivered to buyers in the South Africa. Purchase agreements are concluded with natural persons not acting in the course of a profession or business only. Therefore any VAT charged will not at any time be refunded.
6. Costs of Delivering the Items
All prices of the items posted on the website are exclusive of delivery costs. Delivery costs will be stated separately when settling the order and may vary daily and for each order.
7. Delivery and Delivery Period
The Artist will ship the product to the buyer directly. Art for the Earth shall endeavor to ensure that the items ordered are supplied, provided that The Artist has such items in stock, to the delivery address within 10 – 14 working days of the order confirmation and the required receipt of payment.
Prior to delivering an order, the buyer may be contacted to verify the correctness of the order. This may cause some delay in delivery. When registering, buyers must state a telephone number on which they can be reached during the day (such as their number at work or a mobile phone number), so that the delay, if any, will be as short as possible.
The delivery periods referred to above are of an indicative nature only. Should any order not be delivered within 30 days, the buyer will be entitled to cancel the order at no charge.
The Artist shall arrange delivery by post or dispatch orders in any other way, at The Artist’s sole discretion. Note that a signature will be required for receipt of all residential deliveries.
The Artist may dispatch the delivery in parts, however, any extra costs for such additional deliveries will be borne by The Artist.
8. Stock Availability
Payment is accepted via credit card (Visa or Mastercard) and direct transfer. Customer details will be stored by Art for the Earth separately from card details which are entered by the client on the payment portal. Art for the Earth takes all reasonable steps to scrutinize all transactions to prevent attempted fraud and a transaction may be refused if Art for the Earth is not satisfied with its legitimacy.
Stock on items is limited. Art for the Earth shall take all reasonable efforts to discontinue the item as soon as stock is no longer available. However, should items still be offered after stocks are sold, Art for the Earth shall only be liable to refund monies where it is unable to fulfill orders.
10. Agreements of Sale
Placing an item in a shopping basket, or adding it to a wishlist without completing the purchase cycle, does not constitute an agreement of sale between Art for the Earth, The Artist and the purchaser. Users cannot hold Art for the Earth liable if such items are not available when the purchase cycle is completed; and Art for the Earth may remove such an item from the shopping basket if no stock is available. An agreement of sale between Art for the Earth and a user only comes into effect if and when a payment authorization is received from the issuing bank. Art for the Earth reserves the right to refuse to accept and/or execute an order without giving any reasons. Art for the Earth also reserves the right to in its sole discretion cancel orders in whole or in part as circumstances dictate, in which event Art for the Earth shall only be liable to refund monies already paid by the user.
11. Returns / Refunds Policy
Art for the Earth shall return products or refund customers in accordance with Sections 55 and 56 of the Consumer Protection Act 68 of 2008 and its Returns/Refunds Policy set out below.
Products may not be returned unless the incorrect product has been supplied or the product is damaged or faulty upon delivery. In such an instance The Artist will exchange the product on condition that
- the product is returned in its original condition – including packaging
- the customer returns the product within seven days of receipt and confirms same by sending a written notice to firstname.lastname@example.org (within abovementioned seven day period).
- All returns must be shipped freight (and insurance) prepaid. The onus is on the customer to ensure that the goods returned are received by Art for the Earth within 10 days of written notice.
On receipt and acceptance of returned product Art for the Earth will make all reasonable effort to exchange said product, but if replacement is not possible Art for the Earth will refund the purchase price, including delivery
12. Payments to Artists and Environmental Concerns
Art for the Earth will pay The Artist for their order on receipt of monies from the purchaser. This amount will exclude the agreed commission percentage and any amounts intended for the Environmental Concern.
Art for the Earth will pay the Environmental Concern within 30 days of receipt of monies from the purchaser. The amount will be determined by the purchaser.
13. Standard Warranty Policy
This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.
14. Applicable Law
Art for the Earth may, at its sole discretion, change this agreement or any part thereof at any time without notice.
15. Personal Data
Art for the Earth shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000.
Art for the Earth will store the data provided by buyers in a data file. Such data will be used to execute buyers’ orders and will be kept as long as necessary to handle any complaints about the execution of an order. No data will be passed on to third parties if such should jeopardise the buyer’s privacy.
16. Changes To Agreement
The Artist and Art for the Earth do not provide warranties for their products.
17. Intellectual Property Rights
All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Art for the Earth and as such are protected from infringement by local and international legislation and treaties.
Why do you pay for shipping?
The creative / supplier pays for delivery so that cost needs to be passed on to the buyer. A delivery charge per item needs to be charged as each piece comes from a different location.
We decided to be transparent and show the delivery cost. This lets us give you the best possible prices for the art/product.
The shipping charge that you pay is often a best-effort estimate of what shipping is going to cost us. As a result, ordering a 1m wide canvas from Cape Town may work out cheaper to ship than a 5cm gem stone from Springbok. This mostly due to the size of our beautiful country.
Why does shipping take so long?
We are not like some other online shops with a fixed catalogue and we don’t carry any stock. All of the art and products are packaged and shipped directly from the supplier / creative.
Due to the nature of what you are buying there may be a process involved before it can be sent to you.
Since we don’t hold stock, we do not have warehouse or overhead costs, and do not need any processes involved in handling and returning unsold stock, allowing us to offer pricing without large overhead costs.