Terms and Conditions of Sale:

 

The Terms and Conditions govern the use of the website and the ordering, sale and delivery of goods.

The Terms and Conditions are binding on the Customer that uses the website.  By using the website, the Customer acknowledges that he has read and agree to be bound by these Terms and Conditions.

 

  1. SALE AND PURCHASE

GRAHAM Modern & Contemporary (hereinafter “GRAHAM”) hereby agrees to sell artworks and artbooks to the Customer who hereby agrees to purchase such items described in the website (hereinafter “products”).  The Customer wishes to place an order with GRAHAM and to purchase from GRAHAM certain products.

Whether or not GRAHAM accepts an order depends on the availability of products, correctness of the information relating to the products (including without limitation the price) and receipt of payment by GRAHAM for the products.

 

GRAHAM takes responsibility for all aspects relating to the transaction including sale of goods, customer service and support, dispute resolution and delivery of goods.

 

  1. PRICE

The purchase price for the products are those that are set out in the website and are payable by the Customer to GRAHAM in full when placing an order online.

 

  1. AVAILIBILITY OF STOCK

GRAHAM will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the website.  When products are no longer available after placing an order, GRAHAM will notify the Customer, who will be entitled to a refund of the amount paid for such products. 

 

  1. PAYMENT

Payment can be made for products via:

 

  • Credit card: Payment may be made via Visa and MasterCard. Card transactions will be acquired for GRAHAM via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks.  DPO 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 paygate.co.za to view their security certificate and security policy.  Customer details will be stored by GRAHAM separately from card details which are entered by the client on DPO PayGate’s secure site.

     The Customer warrants that he is fully authorised to use the credit card supplied for purposes of paying for   the products.

     The merchant outlet country at the time of presenting payment options to the cardholder is South Africa.  Transaction currency is South African Rand (ZAR).

 

4.2        Electronic fund transfer (eft): by transferring the amount payable to the following bank account:

Account Holder: Graham’s Fine Art Gallery

Bank: First National Bank

Account No: 620 2644 7335

Branch Code:250 655

Swift Code: FIRNZAJJ

 

  1. NO CANCELLATION

It is recorded and agreed that the products being purchased in terms of this sale are “special-order goods” and therefore are not subject to cancellation or return by the Customer.  The Customer shall accordingly not be entitled to cancel any sale or request a refund, save in the circumstances expressly provided for in the Terms and Conditions.

 

Notwithstanding anything contained in the Terms and Conditions, in the event that GRAHAM should not be able to procure the supply of any of the products for any reason whatsoever it shall be entitled to cancel the order of such products with the Customer on a divisible basis and refund the client in full within 30 days.

 

  1. DELIVERY

Subject to availability and receipt of payment, requests will be processed within 2 days and delivery confirmed by way of an e-mail, stating the booking number and details of the products ordered.

 

GRAHAM shall attend to deliver the products to the Customer’s premises at the delivery address provided via a third-party transport company.  Delivery time specified in an order will be met to the best of GRAHAM’s ability.  Delivery costs (if applicable) will be indicated as a separate cost component on checkout.

 

Non-compliance of GRAHAM with the delivery schedule does not entitle the Customer to withdraw from the order, to reject the shipment and/or to claim damages or discounts.

 

GRAHAM shall be entitled to make partial delivery of the products by instalments and it is agreed that the products being sold are divisible and are each being sold as a separate agreement of sale.

 

  1. RISK

Risk in respect of the products will pass from GRAHAM to the Customer from the moment of delivery, notwithstanding the provisions of paragraph 10.

 

  1. CLAIMS

The Customer shall inspect the products immediately upon receipt.  In case of discrepancies, short deliveries or wrong products, the Customer shall notify GRAHAM in writing within 7 calendar days.  Failing such notice, the shipment is deemed to have been correctly performed and GRAHAM shall not be obligated to replace products or to provide additional products.

 

In case of defective packaging material or other damages to the products, the Customer shall immediately notify GRAHAM and the shipping agent.  The Customer shall note on the delivery document that the Customer accepts the delivery under reservation only, by describing the kind of damage and taking a digital picture of the damaged products.

 

  1. NO SET-OFF

The Customer shall not be entitled to set-off any claim that it may have against its obligations to pay the purchase price for any of the products to GRAHAM.

 

  1. OWNERSHIP OF GOODS

The products purchased will remain the absolute property of GRAHAM until such time as the Customer has paid to GRAHAM the full purchase price in respect thereof.

 

Nothing in the clause above shall confer on the Customer the right to return the products and GRAHAM may institute an action for payment of the purchase price notwithstanding that ownership may not have passed to the Customer or delivery may not have taken place.

 

  1. VALUE–ADDED TAX

Value-added tax shall be payable by the Customer to GRAHAM on the purchase price for the products.

 

  1. PRIVACY POLICY

GRAHAM will take all reasonable measures to protect the Customer’s personal information.  GRAHAM will not, without the Customer’s consent use personal information for any purpose other than:

12.1     the ordering, sale and delivery of products.

12.2     to contact the Customer regarding current or new products, promotional activities or any other services offered by GRAHAM (unless the Customer has opted out from receiving marketing material).

12.3         disclose personal information to its employees and/or third party service providers who assist GRAHAM in the ordering and delivering of products, and therefore will use the Customer’s personal information to communicate with him.

 

  1. LIMITATION OF LIABILITY

Whilst GRAHAM takes reasonable measures to ensure that the content of the website is accurate, GRAHAM makes no representations or warranties, whether express or implied, as to the quality, completeness or reliability of any information on or functionality of the website.

The Customer hereby indemnifies GRAHAM against any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with the use of the website and/or any content therein by the Customer or any third party unless otherwise provided by law.

 

  1. FORCE MAJEURE

Without prejudice to any other provision herein in the event of the performance of any obligation accepted by GRAHAM being prevented, delayed or in any way interfered with by force majeure such as but no limited to acts of God, natural disasters, fire, flood, explosions, earthquakes, epidemics, serious accidents, any act of government, war, strikes or labour troubles at GRAHAM’s premises or elsewhere the inability to obtain the necessary import or export licence or any other cause whatsoever beyond the reasonable control of GRAHAM, GRAHAM may at its option suspend performance of or cancel the order or so much of it as remains unperformed without liability for loss provided GRAHAM informs the Customer as soon as is reasonable practicable in writing of its inability to perform its obligations. Such suspensions or cancellation shall be without prejudice to GRAHAM’s right to receive payment for all products previously delivered.

 

  1. BREACH BY CUSTOMER

If the Customer commits any breach of the contract and fails to remedy such breach within 7 days of having received written notice to remedy or becomes unable to pay its debts or commits any act of insolvency or (being a limited Company) goes into provisional/final liquidation GRAHAM may, without prejudice, suspend or terminate the contract on the unfulfilled part thereof and stop delivery of any products or in transit without prejudice to any other rights or remedy which GRAHAM may lawfully enforce or exercise.

All legal expenses incurred by GRAHAM in cancelling the contract due to the Customer’s breach of the terms and conditions or for whatever other reason, the Customer shall be liable to pay the legal costs on the scale as between attorney and client, collection commission and tracing fees.

 

 

 

 

  1. OWNERSHIP AND COPYRIGHT

GRAHAM is the owner of the contents of the website, including but not limited to any material, information, data, graphics and images.   The Rights of Copyright may not be transferred or assigned to any third party.

 

  1. GENERAL PROVISIONS

 

  • Variation

GRAHAM may, in its sole discretion, change the Terms and Conditions or any part thereof at any time without notice.

 

17.2     Severability

If any provision of this sale is held to be invalid or unenforceable for any reason, such provision shall, if possible, be adjusted rather than voided, in order to achieve a result which corresponds to the fullest possible extent to the intention of the parties. The nullity or adjustment of any provision of this sale shall not affect the validity and enforceability of any other provision of this sale.

 

  • Jurisdiction

The website is governed and construed by the laws of South Africa and GRAHAM chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice or other documents or communications of whatsoever nature.

 

  1. COMPANY INFORMATION

This website is run by Graham’s Fine Art Gallery CC based in South Africa trading as GRAHAM Modern & Contemporary with registration number 2001/042330/23 (Member: GL Britz).

 

Company Physical Address:  Hyde Park Corner, UM 67 & UM73 Upper Mall Level 6, Cnr Jan Smuts Avenue & William Nicol Drive, Hyde Park, Sandton, 2196

Email: graham@grahamsgallery.co.za                                Tel: +27 11 463 7869