TERMS OF USE

We are KARLIEN DE VILLIERS this is our website available at https://karliendevilliers.co and these are our legal terms, including our

  1. Terms of use - which you agree to by visiting this website;
  2. Terms of sale - which you agree to by checking a checkbox when you place an order through this website;
  3. Privacy policy - which you agree to by checking a checkbox when you submit your personal information through this website and apply it when you visit this website;
  4. Returns policy - which you agree to by checking a checkbox when you place an order through this website; and 
  5. Refund policy- which you agree to by checking a checkbox when you place an order through this website

We may change any of these terms at any time by updating this web page.

If you have any questions about our legal terms, please contact us.

Terms of use

  1. Licence. We grant you a limited licence to use this website.
  2. Breach. We may cancel your licence if you breach any of these terms.
  3. Framing. You may not frame this website.
  4. Capacity. You agree to the terms on the basis that you have the capacity to visit this website.
  5. Accurate information. You promise that you will give this website only accurate information.
  6. Ownership. We or our third-party licensors own all rights in this website.
  7. Trademarks. All our trademarks are our property and you may not use them without our permission. All other trademarks are their respective owners' property.
  8. Restrictions. You may not change, hire out, reverse engineer, or copy this website without our permission.
  9. Own risk. You use this website at your own risk and we make no warranties about it.
  10. Indemnity. You indemnify us against any liability related to your use of this website.
  11. Direct damages limited. Our maximum liability to you for all claims for direct damages related to this website is R100.
  12. Indirect damages. We will never be responsible for any indirect damages.

Terms of sale

  1. Introduction. These terms cover any transactions where we provide goods to you through this website.
  2. The parties. We are the vendor under these terms. You are the customer under these terms.
  3. Duration. These terms commence when you accept them and continue until terminated.
  4. Orders. You place orders with us on the following basis:
    • 4.1. you promise that you have the legal capacity to enter into the transaction;
    • 4.2. we only conclude an agreement when we dispatch our goods to you;
    • 4.3. we may cancel any order, but we will refund any money you have paid if we do;
    • 4.4. we conclude an agreement where you are domiciled; and
    • 4.5. each order is a separate agreement, but you breach all of them if you breach one.
  5. Goods. We sell the goods to you on the following basis:
    • 5.1. you will bear the cost and we will choose the way of packaging and delivering the goods unless agreed otherwise;
    • 5.2. we will do our best to dispatch the goods as soon as possible after you have placed an order, but we are not liable and you may not cancel an order if we do not do so timeously;
    • 5.3. risks related to the goods pass to you on delivery;
    • 5.4. ownership in the goods passes to you on payment of the fees in full; and
    • 5.5. you have the same rights against us as we have against our suppliers in terms of any warranty attached to the goods or imposed by law.
  6. Your data. You own all your data. When you enter your data into the system, you give us a license to use it to provide the goods. We are not responsible for any of your data stored on our system.
  7. Intellectual property. We may own intellectual property rights in our goods and you may not use those rights without our permission. We may prosecute you for any violations of our proprietary rights.
  8. Disclaimer. We disclaim all warranties to the extent allowed by applicable law. We are not liable for any defect that you cause.
  9. Fees and payment. You will pay us the fees on the due date. You may not withhold payment of any amount due to us for any reason.
  10. Direct damages limited. We are only liable to you for any direct damages that the goods may cause up to the total amount of fees that you have paid us for them.
  11. Indirect damages excluded. We are not liable for any other losses that they may cause you.
  12. Breach. Please don't breach your obligations under this agreement. If you do, we have certain rights against you in terms of the law.
  13. Termination. We may need to terminate this agreement immediately under certain unlikely circumstances, including if we discontinue the goods, believe providing the goods could burden or pose a risk to us, have to terminate to comply with a law, or providing the goods has become impractical. If we need to, we will give you as much notice as possible in writing.
  14. Resolving disputes. We want to avoid disputes about this agreement and resolve them as quickly as possible. But if there is one, either party may inform the other of it in writing. The parties must first try to negotiate to end the dispute, then enter into mediation if negotiation fails, and finally, go to arbitration if mediation fails.
  15. Notices and domicile. We want to communicate with you effectively about this agreement. For this reason, the parties will send all notices to each others' email addresses and choose their respective street addresses as their service addresses for all legal documents, but they may change either address on 14 calendar days written notice to the other.
  16. Force majeure. Things may happen that prevent you or us from complying with each of our obligations under this agreement. Neither party is responsible for breach of this agreement caused by circumstances beyond its control, but the other party may cancel the agreement on written notice to the other if the circumstances persist for more than 60 calendar days.
  17. Entire agreement. The agreement is the entire agreement between the parties on the subject.
  18. Changes. If we change this agreement by updating this web page, any changes will only apply to future orders.
  19. Governing law. South African law governs this agreement.
  20. Jurisdiction. You consent to the jurisdiction of the Magistrate's Court.

Privacy policy

  1. Purpose. This policy describes the way we handle your personal information.
  2. Personal information. Personal information includes information we collect:
    • 2.1. on submission when you place an order; and
    • 2.2. automatically when you visit this website.
  3. Acceptance. You may not order any of our goods if you do not accept this policy.
  4. Collected on submission. We collect your contact details and delivery address when you place an order.
  5. Collected automatically. We collect your Internet usage information when you visit this website.
  6. Purpose for collection. We may use any of your personal information that you provide to us for the purposes that you indicated when you agreed to provide it to us.
  7. Consent to collection. We will get your consent to collect your personal information in accordance with applicable law when you provide us with it.
  8. Use. We may use your personal information to fulfill our obligations to you.
  9. Sharing. We may share your personal information with third parties for the purposes of fulfilling our obligations to you.
  10. Disclosure. We may disclose personal information to third parties if required for legal reasons.
  11. Security. Our website is hosted on a secure server and uses security measures to prevent interference by intruders.
  12. Retention. We will only retain your personal information for as long as is necessary.
  13. Transfer. We may transfer your personal information outside South Africa to a foreign country.
  14. Updating or removing. You may choose to update or remove the personal information you have submitted to us by contacting us. 

Returns​

1. Our policy lasts 30 days. If 30 days have gone by since you received your purchase, unfortunately, we can’t offer you a refund or exchange.

1.1 If a shipment arrives damaged or incorrect, you must report the damage to the item(s) within 15 days of receiving the order. 

1.2 Photo documentation is required to process any damage claims.

1.3 Any damage or defect must be reported within 15 business days of receipt.

1.4 If you sign for a shipment, you are signing that you received the product undamaged, so please inspect at the time of receipt.

1.5 If the reported damage is considered to be "Minor Damage" e.g. cracked clear glass that can be replaced, damage to a wooden frame, small paint chips or scratches, bumps and scuffs to wooden articles etc; attempts to repair or restore any minor damage to the work(s) by a specialist Fine Arts Restorer will be made before a Refund will be processed. If the item(s) is deemed irreparably damaged by a Professional Licensed Art Restorer, a Refund will be processed upon receipt of a written report from a Professional Licensed Art Restorer, and photographic evidence of the irreparable damage to the articles. 

2. Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers, or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.

2.1 Additional non-returnable items:

2.1.1 Gift Cards 

2.1.2 Downloadable software products

2.1.3 Some health and personal care items

2.1.4 Custom-made, Commissioned Artworks (e.g. a Portrait of a person or a custom image that was Commissioned) and any Monogrammed or Personalized Items 

3. To complete your return, we require a Receipt or Proof of purchase.

4. There are certain situations where No Refund or Only partial refunds are granted (if deemed applicable)

4.1 Art Prints, Posters, Books, Homeware or Clothing with obvious signs of use or wear and tear

4.2 Any item not in its original condition, is damaged or missing parts for reasons not due to our error, i.e. items damaged by user error, including but not limited to damages due to food or liquid stains; any damages caused by pets, children, or employees, accidental breakage, incorrect handling, hanging, storage or installation of artworks; damage caused by heat, UV light or sunlight exposure, dirt, finger marks, pen marks, altering or adding any substances e.g. varnish, turpentine, household cleaners or gloss mediums to finished artwork, any folds/scuff marks/smears/tears/rips/holes/water damage, etc that appears on an artwork after the work has left our premises

4.3 Any item that is returned or reported damaged more than 30 days after delivery

Refunds (if applicable)

1. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

2. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds (if applicable)

1. If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. 

2. Contact your bank. There is often some processing time before a refund is posted.

3. If you’ve done all of this and you still have not received your refund yet, please contact us at karliendev@gmail.com

Sale items (if applicable)

1. Only regular priced items may be refunded, unfortunately, sale items cannot be refunded.

Exchanges (if applicable)

1. We only replace or refund items if they are defective or damaged beyond repair during transport.

2. If the reported damage to an original artwork is considered to be "Minor Damage" e.g. cracked clear glass that can be replaced, damage to a wooden frame, small paint chips or scratches, bumps and scuffs to wooden articles etc; attempts to repair or restore any minor damage to the work(s) by a specialist Fine Arts Restorer will be made before a Refund will be processed.

3. If the item(s) is deemed irreparably damaged by a Professional Licensed Art Restorer, a Refund will be processed upon receipt of a written report from a Professional Licensed Art Restorer, and photographic evidence of the damage to the articles needs to be submitted- in which case you will be Refunded or an Exchange Item may be sent to you. 

4. Due to the unique nature of individual Original Artworks, your replacement item may not be identical to the original item that you purchased.

Gifts

1. If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

2. If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he/she will find out about your return.

Shipping

1. To return your product, you should ship your product to:

Studio Karlien de Villiers, 18 Chateau Street, Courtrai, Paarl, 7646, South Africa (ZA)

2. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

3. Depending on where you live, the time it may take for your exchanged product to reach you may vary.

4. If you are shipping an item over $75, you should consider using a trackable shipping service and purchasing shipping insurance.

5. We don’t guarantee that we will receive your returned item.

GIFT CARDS

Gift Card Terms. The Gift Cards issued in this Store:

1. are not reloadable;

2. are not redeemable for cash;

3. do not include any activation fees or added service fees, or fees that reduce the value of the card over time;

4. may not be used to compensate consumers for unshipped merchandise instead of providing refunds;

5. do not have an expiration date: i.e. applicable funds/cards never expire,

6. are single-use and closed-loop (i.e., the Gift Card may only be used in our Store to purchase goods and/or services from Us and no other merchant or company).

7. Subject to any rights you may have at law, including under The Consumer Protection Act 68 of 2008, all E-Gift Cards are sold on a no refund, exchange or cancellation basis. 

8. These Terms are governed by South African Law.