Terms and Conditions
The works of art (the “Works”) offered by or through the bennettcontemporary.com website (the “Website”) are made available subject to the following terms and conditions (the “Terms and Conditions”). By accessing and using the Website, you agree to be bound by, and to comply with, the Terms and Conditions and any further terms and conditions that Bennett Contemporary (aiaroprietary) Limited (Registration number 2015/324007/07) (“BC”) may prescribe, in writing, from time to time.
- Use of the Website
2.1 You may only use the Website to browse its content and to make legitimate purchases of Works available for sale on the Website. You may not use the Website for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase.
2.2 In using the Website you agree:
2.2.1 not to use any information or material in any manner that infringes any copyright, trademark patent or other proprietary right of any party;
2.2.2 not to use the Website in any manner that could damage, disable, overburden or impair the Website or interfere with any other party’s use and enjoyment of the Website; and
2.2.3 not to attempt to gain unauthorized access to any of the services, other accounts, computer systems or networks connected to the Website through hacking, password mining or any other means.
- Content displayed on the Website
3.1 You agree that the images of the Works displayed on the Website (the “Website Images”) are guidelines only.
3.2 BC has taken reasonable care to ensure that the Works are presented as accurately as possible but cannot accept no responsibility for differences between the Website Images and the actual Works.
3.3 The Website and its content, including but not limited to the Website Images, may not be copied, modified, reproduced, republished, posted, printed transmitted, transferred or sold, displayed, or in any way exploited, in whole or in part, except as is expressly permitted by BC.
3.4 BC reserves the right to modify or withdraw, temporarily or permanently, the Website (or any part of thereof) with or without notice to you and you hereby agree that BC shall not be liable to you or any third party for any modification to or withdrawal of the Website.
- Updates to the Terms and Conditions
BC shall have the right to change, modify, add to or delete portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted on the Website. It is your obligation to periodically check these Terms and Conditions for changes or updates. Your use of the Website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions, including such changes and/or updates.
- Limitation of Liability
5.1 The Website and its content is provided “as is” without warranty of any kind, either expressed or implied. Without limiting the generality of this clause 5.1, the following warranties are expressly excluded:
5.1.1 merchantability or fitness of the Works for any particular purpose;
5.1.2 compatibility of the Website with your technology, equipment or software;
5.1.3 compliance with any law;
5.1.4 uninterrupted or error free functionality of the Website; and/or
5.1.5 correction of defects relating to the Website.
5.2 Whilst BC has taken reasonable measures to ensure the integrity of the Website and its content, no warranty, whether express or implied, is given that any files, downloads or applications available via the Website are free of viruses, Trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of your system.
5.3 You agree that BC does not guarantee continuous, uninterrupted or secure access to the Website, and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of BC’s control.
5.4 In no event shall BC be liable for any loss or damages (including direct, indirect, incidental, special or consequential damages of whatsoever nature whether based in contract or delict or otherwise) arising out of or in any way connected with the use of the Website, the inability to use the Website, the operational failure of the Website, or for any information, data, products, and/or services obtained through the Website.
5.5 Specifications about and other information and material regarding any Works for sale on the Website are provided by the artists who supply BC with the Works and may or may not be verified by BC. While BC makes every effort to ensure that the information and material on the Website is accurate, BC makes no representations or warranties as to the accuracy or reliability of any information provided on the Website.
5.6 Insofar as the Website contains links to any other internet websites, you acknowledge and agree that BC has neither the power nor control over any such websites and shall not be liable in any way whatsoever for the content of any such linked websites, nor for any loss or damage arising from your use of any such websites.
5.7 The use of this Website is expressly forbidden in those territories where the law does not allow any provision in this clause 5 to take full effect.
- Intellectual Property Rights
6.1 All content included on the Website such as text, images, graphics, button icons, images, audio clips, databases, software, and names, images, and logos or marks identifying BC and/or any third party is the property of BC or its content suppliers and protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website is the exclusive property of BC and is protected by South Africa and international copyright laws. Unless otherwise explicitly stated by BC, the copyright of any Works remains with the originating artist and the copyright of the Website Images remain with the originating artist and/or the photographer of the Website Image, as the case may be.
6.2 All Works are owned solely by the relevant artist to whom the Work relates and are subject to South African and international copyright laws.
6.3 The sale of the copyright in a Work and the sale of the copyright in a Website Image is a separate transaction and not part of the sale of the Work unless otherwise agreed in writing between yourself and the relevant artist and/or photographer, as the case may be.
6.4 Any misuse of the content on the Website, including without limitation, reproduction for purposes other than those specified in 6.1 above, modification, distribution or republication of any part of such materials without the prior written permission of BC, is strictly prohibited.
6.5 Nothing contained in these Terms and Conditions shall be construed as conferring upon you, expressly or by implication, any licence or right to use any trademark, patent, design right or copyright owned by BC, the artists shown on the Website or any third party.
- Product Availability
7.1 Due to the fact that each Work is unique there is a possibility that a Work that has been checked out may be unavailable for purchase. For this reason payment is only requested once the checkout process is complete and your order has been confirmed by BC.
7.2 BC shall not be liable, directly or indirectly, for any loss or damages of whatsoever nature suffered by you due to the unavailability of any Works featured on the Website for any reason whatsoever.
- Online Payment
8.1 All online payments made via the Website are processed by either PayPal or PayFast (the “Payment Gateways”) and are subject to the terms and conditions of these Payment Gateways. Purchasers may go to links below to view the security policy and the other terms of the Payment Gateways.
PayFast – End User Agreement
PayPal – User Agreement
8.2 The full purchase price of the Works must be paid at the time of purchase and ownership in the Works will not pass to the buyer until payment is received by BC in full.
- Disclaimer regarding the Currency Conversion Tool
9.1 BC cannot guarantee the accuracy of the exchange rates provided by the Website. The currency conversion information on the Website is provided by Open Exchange Rates API and BC makes no representations or warranties of any kind, express or implied, about the accuracy of the currency conversion information supplied on the Website.
9.2 The currency exchange rates are for general information purposes only, and any reliance placed on such information by the user of this information is strictly at her/his/its own risk.
9.3 All Works will be billed in the South African Rands (ZAR) when paying through the relevant Payment Gateway.
- Courier Services
10.1 BC will ensure that the Work is properly and sufficiently packed, with adequate precautions having been taken to prevent damage to the contents in the course of normal handling and preparation for carriage.
10.2 BC will arrange, on your behalf, that the Work in delivered to you. BC uses external courier services to deliver the Work you.
10.3 BC will provide you with the courier costs, which costs will include the packaging, carriage and insurance costs relating to the delivery of the Work to you, plus Value Added Tax levied thereon (the “Courier Costs”).
10.4 The Courier Costs are the responsibility of the buyer of the Work and payment for these services are due at the time that the order for the purchase of the Work is placed by you on the Website.
10.5 Risk in the Works passes to the buyer on collection of the Work from BC by the external courier service.
10.6 BC will automatically arrange, on your behalf, for the Work to be insured during transit. The Work will be insured for 40% of the purchase price, excluding the cost of packaging, carriage, delivery, insurance, and VAT relating to the Work (the “Insured Sum”). The purchaser accepts that the Work will not be insured at a market-related price and that the insurance does not cover any costs relating to the delivery of the Work. The purchaser acknowledges that BC only arranges the insurance on the purchaser’s behalf and that the contractual relationship is between the purchaser and the insurer. For further details regarding the insurer and its terms and conditions, please contact firstname.lastname@example.org. Should you wish to insure the Work for a different amount than the Insured Sum, you may arrange your own top up insurance. For the sake of clarity, BC will automatically insure the work for the Insured Sum regardless of whether the purchaser wishes to insure the Work and regardless of the purchaser electing to use his/her/its own insurance or to insure the Work for a different amount than the Insured Sum.
10.7 Courier Costs are calculated from our offices in Cape Town, South Africa to your chosen address.
10.8 Orders destined for delivery addresses outside of the Republic of South Africa may be subject to import duties and taxes not included in the Courier Costs which are levied once the Work reaches the specified destination.
10.9 Any additional charges not included in the Courier Costs for customs clearance levied by your local authorities will be for your account as BC cannot quote on what these will be. Customs charges vary widely from country to country. Please contact your local customs office for further information.
10.10 All quoted delivery times are calculated from the time the funds clear in our account(s).
10.11 Quoted delivery times can vary depending on nature of Work to be delivered, postal courier strikes, origin/destination-relationed matters, an act of god or other circumstance outside of BC’s control.
- Returns Policy
11.1 When you click on the Website to elect to make a purchase, your right to a refund of monies charged to your credit card or paid in any other way agreed by BC, are limited by BC’s returns policy as provided in 11.3 below (the “Returns Policy”). The Returns Policy forms part of and is incorporated by reference into these Terms and Conditions.
11.2 You are directed not to make any purchase through this Website unless you understand and agree to abide by the terms of the Returns Policy. Once payment is made for the purchase of a Work it is deemed that you have read, understood and agreed to the terms of the Purchase Process.
11.3 The Returns Policy may be viewed by clicking here.
12.2 All information collected by BC via the Website shall be password protected and shall not be used by BC for any purpose other than to identify its customers, to inform and enhance its marketing strategies and to develop the Website to meet the needs of its visitors and customers.
12.3 All personal information provided to BC via the Website will not be sold or traded by BC to any third parties. All personal information provided to BC via the Website will not be shared with any third parties other than BC’s designated delivery agent and BC’s Payment Gateways in the event of a sale. BC shall have the right to disclose to the relevant authorities all information provided to it if required to do so by law.
- Accessing to Information Act
13.1 In order to access our information, kindly download our manual in terms of section 51 of the Promotion of Access to Information Act.
- Applicable Law
14.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa save that BC has the right (in its sole discretion) to commence and pursue proceedings in alternative jurisdictions.
14.2 You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division of the High Court of South Africa) in respect of any disputes arising in connection with the use of the Website.
- Waiver of Rights
15.1. If BC should fail to enforce any right or provision in these Terms and Conditions, 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.
15.2. If a court should find that one or more rights or provisions set forth in the Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions 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.
- Persons under the age of 18
16.1 If you are under 18 years of age you agree that you have had your parents’ or legal guardian’s permission to send any information to us about yourself or anyone else over the internet and that you are authorised to transact on the Website.
16.2 BC makes no representations or warranties to the effect that the contents of this Website, the Works and/or the Website Images are suitable to anyone, including without limitation, people under the age of 18 years.