Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.

TERMS OF SERVICE

Deidre Nortje Art

Effective Date: [1 January 2025]

These Terms of Service (“Terms”) govern your access to and use of the website https://deidrenortje-art.com/ (“the Site”) and any products or services offered through it. The Site is operated by Deidre Nortje Art (“we”, “us”, or “our”).

By accessing the Site or purchasing any products through it, you (“the consumer”, “you”, or “your”) agree to be bound by these Terms. If you do not agree, you must refrain from using the Site.

Nothing in these Terms is intended to limit or exclude any rights afforded to consumers under the Consumer Protection Act, 68 of 2008 (“CPA”) or any other applicable South African law.

1. DEFINITIONS

  • “Goods” means artworks, prints, or related products offered for sale on the Site.
  • “Custom or Commissioned Work” means any artwork created to a consumer’s specific instructions or personal requirements.
  • “Business Days” means Monday to Friday, excluding South African public holidays.
  • “Site” means https://deidrenortje-art.com/.

2. USE OF THE SITE

You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit their use of the Site.

You may not:

  • Misuse the Site or introduce malicious software
  • Attempt unauthorised access to the Site or its systems
  • Use the Site in a way that violates applicable laws or regulations

We reserve the right to restrict or terminate access to the Site where misuse occurs.

3. PRODUCT INFORMATION AND AVAILABILITY

All Goods are subject to availability. Descriptions, images, and prices are provided in good faith and are intended to be as accurate as reasonably possible.

Because artworks are handmade and original, reasonable variations in colour, texture, scale, or finish may occur and do not constitute defects under the CPA.

We reserve the right to correct any errors, inaccuracies, or omissions at any time.

4. ORDERS AND PAYMENT

By placing an order, you confirm that:

  • You are legally capable of entering into a binding agreement
  • The information you provide is accurate and complete

Payment must be made using the methods made available at checkout. Orders will only be processed once payment has been received and confirmed.

We reserve the right to refuse or cancel any order where:

  • Payment cannot be verified
  • Fraud or unauthorised activity is suspected
  • A pricing or availability error has occurred

5. DELIVERY

Delivery timeframes are estimates only and may vary due to factors beyond our control. Risk in the Goods passes to the consumer upon delivery.

Consumers are required to inspect Goods upon receipt and report any damage or defects within the timeframes set out in our Refund, Returns & Cancellation Policy.

6. CANCELLATIONS, RETURNS AND REFUNDS

All cancellations, returns, and refunds are governed by our Refund, Returns & Cancellation Policy, which is incorporated into these Terms by reference.

In summary (without limiting your CPA rights):

  • Consumers may cancel online purchases within 7 business days of delivery in accordance with section 44 of the CPA, except where exclusions apply
  • Custom or commissioned artworks are excluded from cooling-off rights, as permitted by the CPA
  • Defective goods may be returned within 6 months in accordance with section 56 of the CPA

Full details are set out in the Refund, Returns & Cancellation Policy available on the Site.

7. CUSTOM AND COMMISSIONED WORK

Custom or commissioned artworks are created to the consumer’s specifications and:

  • Are not eligible for cooling-off cancellations
  • Are non-refundable unless defective as defined by the CPA

Approval of sketches, concepts, or briefs constitutes acceptance of the artistic direction.

8. INTELLECTUAL PROPERTY

All content on the Site, including artworks, images, text, logos, and designs, is the intellectual property of Deidre Nortje Art unless otherwise stated.

You may not reproduce, distribute, modify, or exploit any content without prior written consent.

Purchase of an artwork does not transfer copyright unless explicitly agreed in writing.

9. PRIVACY AND PERSONAL INFORMATION

Personal information is collected and processed in accordance with our Privacy Policy and the Protection of Personal Information Act, 4 of 2013 (POPIA).

By using the Site, you consent to such processing as described in the Privacy Policy.

10. THIRD-PARTY SERVICES AND LINKS

The Site may contain links to third-party websites or services. We are not responsible for the content, policies, or practices of third parties.

Use of third-party services is at your own risk.

11. LIMITATION OF LIABILITY

To the extent permitted by law, we will not be liable for indirect, incidental, or consequential losses arising from the use of the Site or Goods.

Nothing in these Terms limits or excludes liability:

  • For death or personal injury caused by negligence
  • For gross negligence or wilful misconduct
  • Where liability cannot be excluded under the CPA

12. INDEMNITY

You agree to indemnify and hold harmless Deidre Nortje Art against any claims, damages, losses, or expenses arising from your misuse of the Site or breach of these Terms.

13. TERMINATION

We may suspend or terminate access to the Site where these Terms are breached. Termination does not affect rights or obligations accrued prior to termination.

14. GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of the Republic of South Africa. Any disputes arising from these Terms will be subject to the jurisdiction of South African courts.

15. CONTACT DETAILS

For queries relating to these Terms, please contact:

Deidre Nortje Art
Email: deidrenortje.art@gmail.com

Select your currency