amacoola.com Terms and conditions of sale
I.AMACOOLA.COM TERMS AND CONDITIONS OF SALE

The works of art (“Works”) offered by or through the amacoola.com website (“Website”) are made available for sale subject to the following terms and conditions (“Terms and Conditions of Sale”). By purchasing a Work through the Website, you agree to be bound by, and to comply with, the Terms and Conditions of Sale and any further terms and conditions that Amacoola Art CC (registration number CK 2007/029025/23), trading as amacoola.com, (“amacoola.com”) may prescribe from time to time.
 
  1. FORMATION OF A CONTRACT OF SALE
    1. You are required to submit all orders for the purchase of a Work(s) to amacoola.com via the Website.
    2. In order to submit a valid order for the purchase of a Work you are required to:
      1. follow the online prompts to select a Work displayed on the Website;
      2. upon selection of a Work, your “shopping cart” will be updated to reflect the selection. The Website will then generate an online invoice for you detailing the purchase price of the Work, and the costs of delivery, handling, insurance, customs and duties (if applicable and if known at the time of generation of the invoice), taxes and processing costs.
      3. you are then required to follow the online prompts to accept the online invoice;
      4. upon your acceptance of the online invoice, you will be required to submit your credit card payment details; and
      5. upon submission of your credit card payment details, the transaction will be processed via the Virtual Card Services Payment Gateway system (“VCS”)
    3. Once VCS has processed your transaction, VCS will:
      1. provide you with online confirmation that your order and payment have been submitted to amacoola.com; and
      2. generate an e-mail to amacoola.com confirming details of the order and payment pursuant thereto.
    4. When ordering a Work for delivery outside of the Republic of South Africa, you may be liable for import customs and duties, taxes and a local administration fee levied by the delivery agent for complex customs clearance procedures undertaken by the delivery agent. Such charges and fees may only be levied once the Work reaches the specified destination and may therefore not be reflected in the online invoice mentioned in clause 1.2.2. You will be responsible for making payment of such charges and fees to the delivery agent on demand upon or prior to delivery of the Work. Should you fail to pay such charges and fees on the due date, amacoola.com will have the right to return the Work to the Artist in which event amacoola.com will provide you with a refund of the purchase price less all return costs, including without limitation, all charges and fees incurred and charged by the delivery agent, all insurance costs, and an administration fee of up to 5% of the purchase price of the Work associated with the return of the Work.
    5. By submitting an order to amacoola.com via the Website, you represent and warrant that the payment details provided on your order are valid and correct, and that when your order is processed by amacoola.com, payment will be made in full.
    6. A binding contract will be formed when amacoola.com sends you a confirmatory e-mail that your order has been accepted. This is an effective acceptance which will be deemed to be complete and will be deemed to have been communicated to you at the time amacoola.com sends the confirmatory e-mail to you.
    7. At the discretion of amacoola.com, alternative methods of forming a binding contract may be negotiated.
    8. amacoola.com shall have the right to not accept any order for the purchase of a Work. amacoola.com shall not be obliged to provide you with reasons for not accepting your order, however, amacoola.com will usually indicate the grounds for refusal if requested to do so.
  1. PACKAGING, DELIVERY AND INSURANCE
    1. Unless otherwise specifically indicated on the Website, all Works available for sale on the Website are the original Works of the relevant Artists and are certified by the Artist to be intact.
    2. The Work shall be packaged securely in amacoola.com’s official packaging materials for delivery to you.
    3. amacoola.com will arrange for the Work to be insured by Artinsure underwriting manager who insures the art against loss or damage on a nail to nail basis from the date of collection of the Work from the designated collection address to the date of delivery of the Work to your designated delivery address. For this purpose, amacoola.com requires that you provide an accurate valuation of the Work. Please note that the Work will not be insured for more than the value stipulated by you.
    4. amacoola.com shall arrange for the delivery of the Work to the delivery address designated by you during the ordering process and amacoola.com’s designated delivery agent shall be entitled to deliver the Work on any weekday during normal working hours after the period for delivery has commenced.
    5. amacoola.com’s delivery agent shall notify you and amacoola.com when the Work is en-route to you. Such notification shall include the relevant tracking number together with a link to the delivery agent’s online track-and-trace facility. amacoola.com shall, in addition, notify you via e-mail that the Work is en-route to you.
    6. amacoola.com shall use its reasonable endeavours to ensure that the Work is delivered to you within twenty-one (21) days from the date of confirmation of your order. However, whilst every effort is made to deliver the Work on the dates or within the periods specified by amacoola.com and/or the delivery agent, any delivery date or dates which may be quoted verbally or in writing are estimates only. amacoola.com shall not be liable to you for failure to deliver by such date or dates or at all, or for any damage or loss incurred by you of whatsoever nature arising directly or indirectly out of a delay in delivery or out of the non-delivery of the Work for whatsoever reason.
    7. The delivery agent shall notify you of the expected date and time of delivery of the Work, as and when the delivery agent is able to ascertain same. The delivery agent shall further notify you of any charges and fees that may be due, owing and payable by you on demand to the delivery agent as referred to in clause 1.4.
    8. Risk in, title to, and all responsibility for a Work shall pass to you upon delivery of the Work to your designated delivery address. Delivery of the Work shall not be effected if you have failed to make full payment of all charges and fees due, owing and payable by you to the delivery agent in terms of clause 1.4
    9. You are required to inspect the Work immediately upon receipt of the Work.
    10. Upon receipt of proof of delivery of the Work to you from the delivery agent, amacoola.com will send you an e-mail confirming delivery of the Work and inviting you to provide amacoola.com with any feedback on the Work sold and the services that you have received from amacoola.com and the delivery agent.
    11. If you do not accept delivery of the Work or the delivery agent is unable to deliver the Work due to your failure to be available to take delivery of the Work or your failure to provide an accurate delivery address, then:
      1. risk in the Work will pass to you on the first failed delivery attempt;
      2. the delivery agent may store the Work until delivery can be effected upon you whereupon you will be liable to the delivery agent for all costs and expenses incurred as a result of the delayed delivery, including without limitation, the storage, delivery, and insurance costs incurred; and
      3. should the delivery agent be unable to deliver the Work to you after three failed delivery attempts, amacoola.com shall have the right to procure the return of the Work to the Artist in which event amacoola.com will provide you with a refund of the purchase price of the Work less all return costs, including without limitation, all charges and fees incurred and charged by the delivery agent, all insurance costs, and an administration fee of up to 5% of the purchase price of the Work associated with the return of the Work.
  1. RETURNS AND REFUNDS
    1. You are required to submit all orders for the purchase of the Service to amacoola.com via the Website.
    2. No returns shall be accepted in respect of a commissioned Work and/or Work delivered outside of the Republic of South Africa unless such Work is delivered to you in a damaged condition in which event clauses 3.3, 3.4 and 3.5 shall apply.
    3. amacoola.com endeavours to ensure that the Work is securely packaged and in a good condition. Should the Work be delivered in a damaged condition, you are required to endorse the waybill that arrives with the work stating that the shipment was received in damaged condition. You require proof of the external damage to the packaging for which a photographic image will suffice. Upon further inspection and should there be damage to the internal contents of the damaged package, you are required to inform amacoola.com immediately via e-mail as to the nature of the damage to the Work. You are required to provide proof that it was received by you in this damaged condition in the form of photographic evidence. amacoola.com shall then arrange for the Work to be inspected and/or collected by its delivery agent. You are required to retain all the original packaging and must ensure that the Work is returned in its original packaging.
    4. In the case of a damaged Work, your original payments will be fully refunded if requested. amacoola.com will of course attempt to replace the damaged Work, but most original works of art are irreplaceable. However, amacoola.com may be able to supply you with an alternative of your choice if available.
    5. Should you accept delivery of a damaged Work without following procedure outlined in clause 3.3 of this document, you will have no right to return the Work to the Artist after delivery nor to demand from amacoola.com a refund of payments made to amacoola.com.
    6. Should you wish to cancel your purchase within twenty-four (24) hours of having made payment to amacoola.com, then you shall be entitled to do so subject to the provisions of this clause 3.6:
      1.  you are required to notify amacoola.com of your wish to cancel your purchase by sending an e-mail to amacoola.com within twenty-four (24) hours of having made payment to amacoola.com;
      2. amacoola.com shall be under no obligation to process your cancellation but shall use its reasonable endeavours to process your cancellation immediately;
      3. should amacoola.com be unable for any reason to process your cancellation immediately, the Work will be delivered to you. Should you still wish to return the Work, you shall be obliged to follow the procedure set out in clause 3.7 below;
      4. in the event that amacoola.com has managed to successfully cancel your purchase immediately, you shall be liable for all costs incurred by amacoola.com as a result of the cancellation process and amacoola.com shall be entitled to charge you an administration fee for the processing of such cancellation; and
      5. amacoola.com shall credit the credit card used in the initial purchase transaction with a full refund less the costs and fees referred to in clause 3.6.4 within seven (7) days from the date of the cancellation of your order.
    7. Should you for any reason wish to cancel your purchase after a period of twenty-fours (24) hours have lapsed after having made payment, you are obliged to do so in accordance with the following procedure:
      1. you are required to notify amacoola.com of your intention to return the Work by sending an e-mail to amacoola.com. Such notification must be sent within seven (7) calendar days from the date of delivery of the Work to you. No returns shall be accepted by amacoola.com after the expiry of this (7) seven day period;
      2. the Work shall be returned directly to the Artist and not to amacoola.com and you are obliged to use the same delivery agent that delivered the Work to you to deliver the Work to the Artist. In the event that it is not possible to use the same delivery agent, you are required to contact amacoola.com who will then provide you with the details of an alternative delivery agent. Delivery information for the relevant Artist is available from amacoola.com upon request;
      3. the Work must be returned in its original packaging materials or, should this not be possible, the Work must be returned using new packaging materials of the same quality as the original packaging materials;
      4. you agree to insure the Work to its full value for the purposes of delivery of the Work to the Artist;
      5. you agree to notify amacoola.com of the relevant tracking details of the Work so that the return of the Work to the Artist may be monitored; and
      6. you shall be fully liable for all return costs, including without limitation, all delivery and insurance costs and an administration fee of up to 5% of the purchase price of the Work associated with the return of the Work.
    8. amacoola.com shall provide you with regular updates via e-mail as to the status of the return of the Work.
    9. Unless otherwise agreed by amacoola.com, amacoola.com shall grant you a full refund of the purchase price, excluding the costs which you are liable for in terms of clause 3.7.6, if you have complied fully with the procedure set out in clause 3.5 and if the Work has been received by the Artist in its original condition and within 7 (seven) calendar days from the date of your receipt of the Work.
    10. Within thirty (30) calendar days of the Artist’s receipt of the Work, amacoola.com shall credit the credit card used in the initial purchase transaction with a full refund less the costs which you are liable for in terms of clause 3.7.6.
  1. SECURITY POLICY
    1. The VCS security policy will apply once online credit card processing is enabled.
    2. VCS process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The VCS registration documents and the site's registered domain name are checked and verified by Thawte, ensuring the cardholder and amacoola.com that nobody can impersonate VCS to obtain confidential information.
    3. VCS is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
  1. UPDATING OF THESE TERMS AND CONDITIONS
    2. amacoola.com shall have the right to change, modify, add to or delete portions or the whole of these Terms and Conditions of Sale from time to time. Changes to these Terms and Conditions of Sale will become effective upon such changes being posted on the Website. It is your obligation to periodically check these Terms and Conditions of Sale for changes or updates.
  1. APPLICABLE LAW
    2. These Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of the Republic of South Africa save that amacoola.com has the right, in its sole discretion, to commence and pursue proceedings in alternative jurisdictions. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa (Cape of Good Hope Provincial Division) in respect of any disputes arising in connection with these Terms and Conditions of Sale.
  1. VIOLATION AND WAIVER
    1. If amacoola.com should fail to enforce any right or provision in the Terms and Conditions of Sale, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in the Terms and Conditions of Sale.
    2.  If a court should find that one or more rights or provisions set forth in the Terms and Conditions of Sale are invalid, you agree that the remainder of the Terms and Conditions of Sale shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.
       

 
II."MOVE YOUR ART" TERMS AND CONDITIONS OF SALE

The amacoola.com "Move Your Art" packaging and delivery service (the “Service”) offered by or through the amacoola.com website (“Website”) is made available for sale subject to the following amacoola.com “Move Your Art” Terms and Conditions of Sale (“Move Your Art Terms and Conditions of Sale”). By purchasing the Service through the Website, you agree to be bound by, and to comply with, the Move Your Art Terms and Conditions of Sale and any further Move Your Art Terms and Conditions of Sale that Amacoola Art CC (registration number CK 2007/029025/23), trading as amacoola.com, (“amacoola.com”) may prescribe from time to time.
  1. WORKS
    1. amacoola.com will provide you with custom built packaging (the “Packaging”) for, and will arrange for the delivery of, the following types of works (“Works”):
      • framed works of art;
      • unframed works of art (including works on board, paper, papyrus and linen); and
      • canvas works of art.
    2. amacoola.com does not provide packaging for, and does not arrange for the delivery of sculptures, artefacts, crafts, African wood carvings and similar works of art.
  1. DESTINATIONS
    1. amacoola.com will arrange for the delivery of Works located anywhere in the Republic of South Africa (RSA) to any destination in the RSA, and for the delivery of Works from any location in the RSA to any destination worldwide.
  1. FORMATION OF A CONTRACT OF SALE
    1. Unless otherwise stated by amacoola.com, a Work may only be returned to the Artist subject to your compliance with amacoola.com’s Return and Refunds Policy set out in this clause 3.
    2. In order to submit a valid order for the purchase of the Service you are required to:
      1. complete the registration process by providing the requested information and registering a username and password for purposes of access to your account. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account;
      2. complete the online form on which you will be required to provide amacoola.com with details regarding the specifications of the Work that you would like packaged and delivered, the dimensions of the Work, the collection and destination addresses, and such other information necessary to enable amacoola.com to provide you with a customized quotation for the Service.
      3. amacoola.com will arrange for the Work to be insured by Artinsure underwriting manager who insures the art against loss or damage on a nail to nail basis from the date of collection of the Work from the designated collection address to the date of delivery of the Work to your designated delivery address. For this purpose, amacoola.com requires that you provide an accurate valuation of the Work. Please note that the Work will not be insured for more than the value stipulated by you;
      4. the Website will then generate an online customized quotation for you detailing the price of the Packaging, and the cost of the delivery of the Packaging to the collection address, the cost of fumigating the Work (if applicable), the cost of the delivery of the Work to the destination address, handling cost (if applicable), insurance cost, customs and duties costs (if applicable and if known at the time of generation of the quotation), taxes and processing costs;
      5.  you are required to notify amacoola.com of your wish to cancel your purchase by sending an e-mail to amacoola.com within twenty-four (24) hours of having made payment to amacoola.com;
      6. upon your acceptance of the online quotation, you will be required to submit your credit card payment details; and
      7. upon submission of your credit card payment details, the transaction will be processed via the Virtual Card Services Payment Gateway system (“VCS”).
    3. Once VCS has processed your transaction, VCS will:
      1. provide you with online confirmation that payment has been submitted to amacoola.com; and
      2. generate an e-mail to amacoola.com confirming details of the payment made.
    4. When ordering for a Work to be delivered outside of the Republic of South Africa, the Work may be subject to inspection by customs agents at the destination country. You hereby consent to such inspection, and agree that should the Work not be cleared for entry into the destination country, you will be liable to amacoola.com for the full cost of delivery of the Work back to you.
    5. When ordering for a Work to be delivered outside of the RSA, you may be liable for import customs and duties, taxes and a local administration fee levied by the delivery agent for complex customs clearance procedures undertaken by the delivery agent. Such charges and fees may only be levied once the Work reaches the specified destination and may therefore not be reflected in the online quotation mentioned in clause 3.2.4. You hereby agree to make payment of all such charges and fees to the delivery agent on demand upon or prior to delivery of the Work. Should you fail to pay such charges and fees on the due date, amacoola.com will have the right to procure the return of the Work to you in which event you will be liable for, and agree to pay amacoola.com for all return costs, including without limitation, all delivery costs, all charges and fees incurred and charged by the delivery agent, all insurance costs, and an administration fee of up to 10% of the price of the Services.
    6. The delivery agent will notify you of any charges and fees that may be due, owing and payable by you on demand to the delivery agent as referred to in clause 3.5.
    7. Risk in, title to, and all responsibility for the Work will pass to the recipient upon delivery of the Work to your designated delivery address. Delivery of the Work will not take place if you have failed to make full payment of all charges and fees due, owing and payable by you to the delivery agent in terms of clause 3.5.
    8. By submitting an order to amacoola.com via the Website, you represent and warrant that the payment details provided on your order are valid and correct, and that when your order is processed by amacoola.com, payment will be made in full.
    9. A binding contract will be formed when amacoola.com sends you a confirmatory e-mail that your order has been accepted. This is an effective acceptance which will be deemed to be complete and will be deemed to have been communicated to you at the time amacoola.com sends the confirmatory e-mail to you.
    10. At the discretion of amacoola.com, alternative methods of forming a binding contract may be negotiated.
    11. amacoola.com has the right to decline any order for the purchase of the Service. amacoola.com will not be obliged to provide you with reasons for declining your order, however, amacoola.com will usually indicate the grounds for refusal if requested to do so.
  1. PACKAGING AND DELIVERY
    1. amacoola.com will arrange for the delivery of the Packaging to the collection address designated by you during the ordering process and amacoola.com’s designated delivery agent will be entitled to deliver the Packaging on any weekday during normal working hours.
    2. amacoola.com’s delivery agent will notify you and amacoola.com when the Packaging is en-route to you.
    3. amacoola.com will use its reasonable endeavours to ensure that the Packaging is delivered to you within twenty-one (21) days from the date of confirmation of your order. However, whilst every effort is made to deliver the Packaging on the dates or within the periods specified by amacoola.com and/or the delivery agent, any delivery date or dates which may be quoted verbally or in writing are estimates only. amacoola.com will not be liable to you for failure to deliver by such date or dates or at all, or for any damage or loss incurred by you of whatsoever nature and howsoever arising out of a delay in delivery or out of the non-delivery of the Packaging for whatsoever reason.
    4. The delivery agent will notify you of the expected date and time of delivery of the Packaging, as and when the delivery agent is able to ascertain same.
    5. Risk in, title to, and all responsibility for the Packaging will pass to you upon delivery of the Packaging to your designated collection address.
    6. You are required to package the Work using the Packaging and to ensure that the packaged Work is ready for collection by the delivery agent by no later than three (3) days from the date on which the Packaging is delivered to you. amacoola.com will notify you by e-mail of the date on which you are required to have the Work ready for collection by the delivery agent.
    7. amacoola.com will use its reasonable endeavours to ensure that the Work is delivered to the delivery address within twenty-one (21) days from the date on which the Work was collected from the collection address. However, whilst every effort is made to deliver the Work on the dates or within the periods specified by amacoola.com and/or the delivery agent, any delivery date or dates which may be quoted verbally or in writing are estimates only. amacoola.com will not be liable to you for failure to deliver by such date or dates or at all, or for any damage or loss incurred by you of whatsoever nature and howsoever arising out of a delay in delivery or out of the non-delivery of the Work for whatsoever reason.
    8. Upon receipt of proof of delivery of the Work to the delivery address from the delivery agent, amacoola.com will send you an e-mail confirming delivery of the Work and inviting you to provide amacoola.com with any feedback on the Move Your Art service that you have received from amacoola.com and the delivery agent.
    9. If the Work is not accepted at the delivery address or the delivery agent is unable to deliver the Work due to the failure of the recipient of the Work to be available to take delivery of the Work or due to your failure to provide an accurate delivery address, then:
      1. risk in, title to and all responsibility for the Work will pass to the recipient on the first failed delivery attempt;
      2. the delivery agent may store the Work until delivery can be effected upon the recipient whereupon you will be liable to the delivery agent for all costs and expenses incurred as a result of the delayed delivery, including without limitation, the storage, delivery, and insurance costs incurred which costs shall be payable by you on demand; and
      3. should the delivery agent be unable to deliver the Work to the recipient after three failed delivery attempts, amacoola.com will have the right to procure the return of the Work to you in which event you will be liable for, and agree to pay amacoola.com on demand for all return costs, including without limitation, all delivery costs, all charges and fees incurred and charged by the delivery agent, all insurance costs, and an administration fee of up to 10% of the price of the Services.
  1. INSPECTION
    2. amacoola.com or its designated representative will have the right to inspect the Packaging and the Work at any time prior to delivery of the Work to the destination address at which time amacoola.com will have the right to refuse to deliver the Work to the destination address if amacoola.com is of the opinion that you have breached any of the Move Your Art Terms and Conditions of Sale.
  1. FUMIGATION
    1. If a Work contains any natural product, including but not limited to wood board, wood frames or any materials made from natural products, and such Work is to be delivered to an address outside of the Republic of South Africa, such Work is required to be properly fumigated by a recognized fumigation entity.
    2. amacoola.com will arrange for the Work to be fumigated by a recognized fumigation entity and will obtain a valid fumigation certificate prior to the Work leaving the RSA for delivery to the destination address.
    3. amacoola.com accepts no liability for any damage incurred to the Work during the fumigation process and you hereby agree to indemnify and hold amacoola.com harmless for any damage of whatsoever nature arising as a result of the fumigation of the Work.
  1. CIRCUMSTANCES BEYOND THE CONTROL OF AMACOOLA.COM
    1. amacoola.com shall not be liable for any loss or damage of whatsoever nature arising out of circumstances beyond its control. These circumstances include but are not limited to:
      1. acts of God including but not limited to earthquakes, cyclones, storms, flood, fog;
      2. force majeure, including but not limited to, war, plane crash or embargo;
      3. any defect or characteristic related to the nature of the Work being transported, even if known to amacoola.com;
      4. riot or civil commotion;
      5. any act or omission by a person not employed by amacoola.com including but not limited to the delivery agent, the receiver, third party, customs or other government official; and
      6.  industrial action.
  1. REPRESENTATIONS AND WARRANTIES
    1. You hereby warrant and represent to amacoola.com that all components of the Work and the Packaging:
      1. is not classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), any applicable government department or other relevant organization;
      2. can be safely and legally transported and does not include any of the following items: animals, bullion, currency, bearer form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs; and
      3. all information provided by you is complete and accurate.
    2. The above representations and warranties shall apply, in respect of the Packaging, from the date on which the Packaging is delivered to the collection address.
    3. You hereby indemnify and hold amacoola.com harmless for any loss or damage of whatsoever nature and howsoever arising out of your failure to comply with any applicable laws or regulations and/or your failure to comply with any of the Move Your Art Terms and Conditions of Sale.
  1. SECURITY POLICY
    1. The VCS security policy will apply once online credit card processing is enabled.
    2. VCS process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The VCS registration documents and the site's registered domain name are checked and verified by Thawte, ensuring the cardholder and amacoola.com that nobody can impersonate VCS to obtain confidential information.
    3. VCS is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
  1. UPDATING OF THESE MOVE YOUR ART TERMS AND CONDITIONS OF SALE
      amacoola.com will have the right to change, modify, add to or delete portions or the whole of these Move Your Art Terms and Conditions of Sale from time to time. Changes to these Move Your Art Terms and Conditions of Sale will become effective upon such changes being posted on the Website. It is your obligation to periodically check these Move Your Art Terms and Conditions of Sale for changes or updates.
  1. APPLICABLE LAW
      These Move Your Art Terms and Conditions of Sale will be governed by and construed in accordance with the laws of the Republic of South Africa save that amacoola.com has the right, in its sole discretion, to commence and pursue proceedings in alternative jurisdictions. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa (Cape of Good Hope Provincial Division) in respect of any disputes arising in connection with these Move Your Art Terms and Conditions of Sale.
  1. VIOLATION AND WAIVER
    1. If amacoola.com should fail to enforce any right or provision in the Move Your Art Terms and Conditions of Sale, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in the Move Your Art Terms and Conditions of Sale.
    2. If a court should find that one or more rights or provisions set forth in the Move Your Art Terms and Conditions of Sale are invalid, you agree that the remainder of the Move Your Art Terms and Conditions of Sale will be enforceable and that, to the extent permitted by law, the court will give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.



III. TERMS AND CONDITIONS OF SALE OF COMMISSIONED WORKS

The commissioned works of art (“Commissioned Works”) offered by or ordered through the amacoola.com website (“Website”) are made available for sale subject to the following terms and conditions (“Terms and Conditions of Sale of Commissioned Works”). By submitting an order for a Commissioned Work through the Website, you agree to be bound by, and to comply with, the Terms and Conditions of Sale of Commissioned Works and any further terms and conditions that Amacoola Art CC (registration number CK 2007/029025/23), trading as amacoola.com, (“amacoola.com”) may prescribe from time to time.
 
  1. COMMISSIONING A WORK AND FORMATION OF A CONTRACT OF SALE
    1. In order to commission a Work you are required to:
      1. follow the online prompts to select an amacoola.com artist (“Artist”) whom you would like to commission. Please note that not all Artists undertake commissions, however, those who do will indicate so on their portfolio pages;
      2. complete the online form where you will be required to provide detailed specifications on, including but not limited to, the dimensions, layout, style, colour and all other specific image details of the Commissioned Work. If you have photographic reference material which you would like the Artist to refer to when creating the Commissioned Work, please upload such material to amacoola.com together with your completed online form;
      3. amacoola.com will liaise with the Artist who will inform amacoola.com of whether or not she/he will undertake the commission. If the Artist is not in a position to undertake the commission, amacoola.com will inform you as soon as possible;
      4. if the Artist agrees to undertake the commission, amacoola.com will provide you with an online invoice detailing the purchase price of the Commissioned Work, and the costs of delivery, handling, insurance, customs and duties (if applicable and if known at the time of generation of the invoice), taxes and processing costs;
      5. should you wish to accept the invoice, you will be required to pay amacoola.com a deposit of 50% (fifty percent) of the purchase price of the Commissioned Work (the “deposit”);
      6. upon your acceptance of the online invoice, you will be required to submit your credit card payment details in respect of the payment of the deposit;
      7. upon submission of your credit card payment details, the transaction will be processed via the Virtual Card Services Payment Gateway system (“VCS”);
      8. once VCS has processed your transaction, VCS will:
        1. provide you with online confirmation that your payment has been submitted to amacoola.com; and
        2. generate an e-mail to amacoola.com confirming details of the payment submitted;
      9. once amacoola.com has received payment of the deposit, the Artist will proceed with the creation of the Commissioned Work. amacoola.com shall, within approximately 3 (three) weeks thereafter, forward you via e-mail a preview image of the completed Commissioned Work;
      10. amacoola.com will use its reasonable endeavours to ensure that the Commissioned Work is completed within approximately 3 (three) weeks from the date of receipt of the deposit. However, whilst every effort is made to ensure that the Commissioned Work is completed on the dates or within the periods specified by amacoola.com, any completion date or dates which may be quoted verbally or in writing are estimates only. amacoola.com will not be liable for the failure of the Commissioned Work to be completed by such date or dates or at all, or for any damage or loss of whatsoever nature arising directly or indirectly out of a delay in the completion of the Commissioned Work or out of the non-completion of the Commissioned Work for whatsoever reason;
      11. if, at any time after the Artist has begun the creation of the Commissioned Work but prior to the completion thereof, you require subsequent changes, additions or variations to the Commissioned Work which, in the Artist’s sole opinion, substantially changes the nature of the Commissioned Work, amacoola.com shall be entitled to levy an additional charge for such work. amacoola.com shall have the right to refuse to procure that such changes, additions or variations are carried out by the Artist until such time as you have paid such additional charge. If you fail to make payment of such additional charge, the Artist shall have the right to complete the Commissioned Work with full artistic control over the end product and amacoola.com shall have the right to sell same to any customer.
      12. no changes, additions or variations to the Commissioned Work will be accepted after a preview image of the completed Commissioned Work has been forwarded to you by amacoola.com.
      13. if you agree to accept the final Commissioned Work, you will then be required to pay the remaining 50% (fifty percent) of the purchase price and the costs of delivery, handling, insurance, customs and duties (if applicable and if known at the time of generation of the invoice), taxes and processing costs to amacoola.com in which case you will be required to submit your credit card payment details to amacoola.com and the transaction will be processed via VCS.
    2. By submitting an order to amacoola.com via the Website, you represent and warrant that the payment details provided on your order are valid and correct.
    3. A binding contract will be formed between you and amacoola.com when you submit your credit card payment details in terms of clause 1.1.6.
    4. At the discretion of amacoola.com, alternative methods of forming a binding contract may be negotiated.
    5. amacoola.com will have the right to not accept any order for the commission of a Work. amacoola.com will not be obliged to provide you with reasons for not accepting your order, however, amacoola.com will usually indicate the grounds for refusal if requested to do so.
  1. PACKAGING, DELIVERY AND INSURANCE
    1. Upon payment of the full purchase price and all the costs and charges listed in clause 1.1.4, the Commissioned Work will be packaged securely in amacoola.com’s official packaging materials for delivery to you.
    2. amacoola.com will arrange for the Work to be insured by Artinsure underwriting manager who insures the art against loss or damage on a nail to nail basis from the date of collection of the Work from the designated collection address to the date of delivery of the Work to your designated delivery address. For this purpose, amacoola.com requires that you provide an accurate valuation of the Work. Please note that the Work will not be insured for more than the value stipulated by you.
    3. amacoola.com will arrange for the delivery of the Commissioned Work to the delivery address designated by you during the ordering process and amacoola.com’s designated delivery agent will be entitled to deliver the Commissioned Work on any weekday during normal working hours after the period for delivery has commenced.
    4. amacoola.com’s delivery agent will notify you and amacoola.com when the Commissioned Work is en-route to you. Such notification will include the relevant tracking number together with a link to the delivery agent’s online track-and-trace facility. amacoola.com will, in addition, notify you via e-mail when the Commissioned Work is en-route to you.
    5. amacoola.com will use its reasonable endeavours to ensure that the Commissioned Work is delivered to you within twenty-one (21) days from the date of completion of the Commissioned Work. However, whilst every effort is made to deliver the Commissioned Work on the dates or within the periods specified by amacoola.com and/or the delivery agent, any delivery date or dates which may be quoted verbally or in writing are estimates only. amacoola.com will not be liable for the failure of the Commissioned Work to be delivered to the recipient by such date or dates or at all, or for any damage or loss of whatsoever nature arising directly or indirectly out of a delay in delivery or out of the non-delivery of the Commissioned Work for whatsoever reason.
    6. When ordering a Commissioned Work for delivery outside of the Republic of South Africa, you may be liable for import customs and duties, taxes and a local administration fee levied by the delivery agent for complex customs clearance procedures undertaken by the delivery agent. Such charges and fees may only be levied once the Commissioned Work reaches the specified destination and may therefore not be reflected in the online invoice referred to in clause 1.1.4. You will be responsible for making payment of such charges and fees to the delivery agent on demand upon or prior to delivery of the Commissioned Work. Should you fail to pay such charges and fees on the due date, amacoola.com will have the right to return the Commissioned Work to the Artist in which event you will forfeit all monies paid in respect of the purchase price of the Commissioned Work and in respect of all costs, charges and fees paid for, and associated with, the delivery of the Commissioned Work to the destination address.
    7. The delivery agent will notify you of the expected date and time of delivery of the Commissioned Work, as and when the delivery agent is able to ascertain same. The delivery agent will further notify you of any charges and fees that may be due, owing and payable by you on demand to the delivery agent as referred to in clause 2.6.
    8. Risk in, title to, and all responsibility for a Commissioned Work will pass to you upon delivery of the Commissioned Work to your designated delivery address. Delivery of the Commissioned Work will not be effected if you have failed to make full payment of all charges and fees due, owing and payable by you to the delivery agent in terms of clause 2.6
    9. You are required to inspect the Commissioned Work immediately upon receipt of the Commissioned Work.
    10. If you do not accept delivery of the Commissioned Work or the delivery agent is unable to deliver the Commissioned Work due to your failure to be available to take delivery of the Commissioned Work or your failure to provide an accurate delivery address, then:
      1. risk in the Commissioned Work will pass to you on the first failed delivery attempt;
      2. the delivery agent may store the Commissioned Work until delivery can be effected upon you whereupon you will be liable to the delivery agent for all costs and expenses incurred as a result of the delayed delivery, including without limitation, the storage, delivery, and insurance costs incurred;
      3. should the delivery agent be unable to deliver the Commissioned Work to you after three failed delivery attempts, amacoola.com will have the right to procure the return of the Commissioned Work to the Artist in which event you will forfeit all monies paid in respect of the purchase price of the Commissioned Work and in respect of all costs, charges and fees paid for, and associated with, the delivery of the Commissioned Work to the destination address; and
      4. amacoola.com shall have the right to sell the Commissioned Work to any other customer.
    11. Upon receipt of proof of delivery of the Commissioned Work to you from the delivery agent, amacoola.com will send you an e-mail confirming delivery of the Commissioned Work and inviting you to provide amacoola.com with any feedback on the Commissioned Work sold and the services that you have received from amacoola.com and the delivery agent.
  1. RETURNS AND REFUNDS
    1. Unless otherwise stated by amacoola.com, a Commissioned Work may only be returned to the Artist subject to your compliance with amacoola.com’s Return and Refunds Policy set out in this clause 3.
    2. No returns will be accepted in respect of a Commissioned Work unless such Commissioned Work is delivered to you in a damaged condition in which event clauses 3.3, 3.4 and 3.5 will apply.
    3. amacoola.com endeavours to ensure that the Commissioned Work is securely packaged and in a good condition. Should the Commissioned Work be delivered in a damaged condition, you are required to endorse the waybill that arrives with the work stating that the shipment was received in damaged condition. You require proof of the external damage to the packaging for which a photographic image will suffice. Upon further inspection and should there be damage to the internal contents of the damaged package, you are required to inform amacoola.com immediately via e-mail as to the nature of the damage to the Commissioned Work. You are required to provide proof that it was received by you in this damaged condition in the form of photographic evidence. amacoola.com shall then arrange for the Commissioned Work to be inspected and/or collected by its delivery agent. You are required to retain all the original packaging and must ensure that the Work is returned in its original packaging. In the case of a damaged Commissioned Work, your original payments will be fully refunded if requested.
    4. Should you accept delivery of a damaged Commissioned Work without following the procedure outlined in clause 3.3 you will have no right to return the Commissioned Work nor to demand a refund of any payments made to amacoola.com.
    5. Should you wish to cancel your purchase, you will only be entitled to do so subject to the provisions of this clause 3.6:
      1. if you wish to cancel your order after you have paid the deposit, you are required to notify amacoola.com by sending an e-mail to amacoola.com as soon as possible. Once amacoola.com has processed your cancellation, you will be notified via e-mail at which stage you will forfeit the deposit paid to amacoola.com. The Artist shall thereafter have the right to complete the Commissioned Work with full artistic control over the end product and amacoola.com will have the right to sell the Commissioned Work to any customer;
      2.  if you wish to cancel your order after the Commissioned Work has been completed, you will not be liable to pay the remaining 50% deposit of the purchase price. You will however, forfeit the deposit paid to amacoola.com. The Artist will thereafter have the right to complete the Commissioned Work with full artistic control over the end product and amacoola.com will have the right to sell the Commissioned Work to any customer.
  1. SECURITY POLICY
    1. The VCS security policy will apply once online credit card processing is enabled.
    2. VCS process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The VCS registration documents and the site's registered domain name are checked and verified by Thawte, ensuring the cardholder and amacoola.com that nobody can impersonate VCS to obtain confidential information.
    3. VCS is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
  1. INTELLECTUAL PROPERTY RIGHTS
    1. All patent, copyright, design right, trade marks, trade names and all other intellectual property rights in the Commissioned Work including all rough drafts and preliminary sketches of the Commissioned Work will be owned solely by the Artist and the Artist will have the right, inter alia, to use the images of the Commissioned Work in his/her own portfolio and for any self-promotion purposes.
    2. The Commissioned Work may not be intentionally destroyed, damaged, altered, retouched, modified or changed in any way whatsoever without the written consent of the Artist.
    3. amacoola.com shall have the right to publish and utilize images of the Commissioned Works for amacoola.com’s marketing and promotional purposes.
  1. LIMITATION OF LIABILITY
    1. amacoola.com has taken reasonable care to ensure that images of the Commissioned Works are presented as accurately as possible and will accept no responsibility whatsoever for differences between the images and the actual Commissioned Work.
    2. By forwarding any reference materials and/or visual images to amacoola.com for the purposes of the creation of the Commissioned Work you hereby represent and warrant to amacoola.com and the Artist that all necessary permissions have been obtained for the use of the reference material and/or visual images supplied by you to amacoola.com and you hereby indemnify amacoola.com and the Artist against any and all claims and expenses (including legal fees) of whatsoever nature and howsoever arising from the Artist’s use of any materials and/or visual images provided by you to amacoola.com.
  1. UPDATING OF THESE TERMS AND CONDITIONS

    2. These Terms and Conditions of Sale of Commissioned Works will be governed by and construed in accordance with the laws of the Republic of South Africa save that amacoola.com has the right, in its sole discretion, to commence and pursue proceedings in alternative jurisdictions. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa (Cape of Good Hope Provincial Division) in respect of any disputes arising in connection with these Terms and Conditions of Sale of Commissioned Works.
  1. APPLICABLE LAW

    2. You hereby warrant and represent to amacoola.com that all components of the Work and the Packaging:
  1. VIOLATION AND WAIVER
    1. If amacoola.com should fail to enforce any right or provision in the Terms and Conditions of Sale of Commissioned Works, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in the Terms and Conditions of Sale of Commissioned Works.
    2. If a court should find that one or more rights or provisions set forth in the Terms and Conditions of Sale of Commissioned Works are invalid, you agree that the remainder of the Terms and Conditions of Sale of Commissioned Works will be enforceable and that, to the extent permitted by law, the court will give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.
IV. GIFT CARDS - TERMS AND CONDITIONS OF USE

The amacoola.com gift cards (“Gift Cards”) offered by or ordered through the amacoola.com website (“Website”) are made available for sale and use subject to the following terms and conditions (“Terms and Conditions of Use”). By purchasing, redeeming or attempting to redeem a Gift Card through the Website, you agree to be bound by, and to comply with, the Terms and Conditions of Use and any further terms and conditions that Amacoola Art CC (registration number CK 2007/029025/23), trading as amacoola.com, (“amacoola.com”) may prescribe from time to time.
 
  1. GENERAL TERMS AND CONDITIONS
    1. Gift Cards may only be used for the purchase of a work of art (“Work”) offered by or ordered through the Website. Without limiting the generality of the aforegoing, Gift Cards may not be used to purchase further Gift Cards.
    2. Gift Cards cannot be exchanged, returned, refunded or redeemed for cash.
    3. Each Gift Card has a unique identifying code and will be subject to verification at the time of redemption. amacoola.com reserves the right not to accept any Gift Cards that have or appear to have been forged or otherwise tampered with.
    4. You are responsible for the use and safety of your Gift Card. amacoola.com does not accept responsibility for lost, stolen, or damaged Gift Cards and such cards shall not be refunded by amacoola.com.
    5. A Gift Card may only be used to make purchases up to the value of the Gift Card or the remaining value of the Gift Card if you have used the Gift Card more than once to make a purchase. If you wish to make a purchase for an amount which exceeds the Gift Card value or the remaining Gift Card value as the case may be, the balance must be paid by credit card.
    6. If you make a purchase for a lesser value than that of your Gift Card, you will not receive any change. Instead, any unused balance will be reissued on a new Gift Card containing a new unique identifying code and will be resent to you for future purposes.
    7. Taxes are not charged on the purchase of Gift Cards. However, applicable taxes will be charged when a Gift Card is redeemed for the purchase of a Work.
    8. Gift Cards do not expire.
  1. UPDATING OF THESE TERMS AND CONDITIONS OF USE

    2. amacoola.com shall have the right to change, modify, add to or delete portions or the whole of these Terms and Conditions of Use from time to time. Changes to these Terms and Conditions of Use will become effective upon such changes being posted on the Website. It is your obligation to periodically check these Terms and Conditions of Use for changes or updates.
  1. APPLICABLE LAW

    2. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the Republic of South Africa save that amacoola.com shall have the right, in its sole discretion, to commence and pursue proceedings in alternative jurisdictions. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa (Cape of Good Hope Provincial Division) in respect of any disputes arising in connection with these Terms and Conditions of  Use.
  1. VIOLATION AND WAIVER
    1. If amacoola.com should fail to enforce any right or provision in the Terms and Conditions of Use, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in the Terms and Conditions of Use.
    2. If a court should find that one or more rights or provisions set forth in the Terms and Conditions of Use are invalid, you agree that the remainder of the Terms and Conditions of Use shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.