Terms of service
Welcome to The Winelands Art Gallery.
These Terms and Conditions (“Terms”) govern your access to and use of our website, www.thewinelandsartgallery.co.za and www.thewinelandsartgallery.com (“Website”), including all content, services, and features available through the site.By accessing or using this Website, you agree to be bound by these Terms. If you do not agree, please do not use our Website.
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General Information
The Winelands Art Gallery is a physical and online gallery that showcases and sells original artworks by South African artists.
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Use of the Website
You must be at least 18 years of age, or have the permission of a legal guardian, to use this Website. You agree not to misuse the Website, including but not limited to hacking, spamming, or introducing viruses or other malicious code. All content on the Website is provided for general information purposes only and may be updated or changed without prior notice.
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Purchases and Payments
All artworks are subject to availability and price confirmation. Prices are displayed in South African Rand (ZAR) and may include or exclude VAT depending on your location and applicable tax rules. We accept payment by EFT, credit/debit card, and other secure payment methods as indicated at checkout. An order is only confirmed once full payment has been received and cleared.
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Shipping, Delivery, Storage, and Returns
Shipping costs and estimated delivery timelines will be shown at checkout or confirmed by email.
Returns of Delivered Artwork
Our standard returns policy applies only to undamaged original artworks returned within 7 days of delivery, in their original condition and packaging. The customer is responsible for return shipping costs, unless the artwork was damaged in transit or was incorrect.
Storage of Artwork Prior to Shipping
The Gallery is pleased to accommodate reasonable requests to hold purchased artwork for a short period before shipping, as a courtesy and at no additional charge.
Standard Holding Period (up to 7 days): Upon request, we will store the artwork for a maximum of seven (7) days from the date of purchase confirmation and full payment. During this initial period, our standard Returns and Refunds Policy applies in full.
Extended Holding Requests (more than 7 days):
If you specifically request that we hold and store the artwork for any period exceeding seven (7) days from the purchase date, you acknowledge and agree that: The purchase shall automatically become final and non-refundable, except where a refund or other remedy is required by applicable South African law (including, but not limited to, rights under the Consumer Protection Act for defective, unsafe, or non-conforming goods, or any statutory cooling-off rights that may apply upon delivery).
Extended storage is offered purely as a goodwill service. By the time extended storage is requested, the Gallery will typically have already paid the artist and incurred other business and operational costs. By requesting extended storage, you accept that the transaction is treated as complete for the purposes of any change-of-mind, convenience, or delay-related refund requests.
General Rule:
Under no circumstances will a refund be issued for any purchase where an extended storage period (beyond the initial 7-day courtesy period) has been requested and agreed to. We reserve the right to arrange shipment once any agreed holding period ends or to discuss alternative arrangements with you.
This policy does not limit, exclude, or waive any of your non-waivable statutory rights under the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act, or any other applicable law.
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Intellectual Property
All content on this Website, including images of artworks, logos, text, and layout, is the property of The Winelands Art Gallery or the respective artists. No content may be copied, distributed, reproduced, or used for any purpose without our prior written permission.
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Artist Representation and Commission
Artists featured on the Website have entered into a consignment or representation agreement with The Winelands Art Gallery. All sales made through the Website are subject to the applicable commission arrangements between the Gallery and the artist.
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Privacy Policy
Please refer to our Privacy Policy for details on how we collect, store, and use your personal information.
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Third-Party Links
Our Website may contain links to third-party websites. We are not responsible for the content, accuracy, or privacy practices of any third-party websites.
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Limitation of Liability
To the fullest extent permitted by law, The Winelands Art Gallery shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Website or any artwork purchased through it.
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Changes to Terms
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website after changes have been posted constitutes your acceptance of the updated Terms.
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Governing Law
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.