TERMS AND CONDITIONS
1- Who are we?
2- What is the purpose of these general conditions of sale?
3- Order artwork
7- Your rights on the artwork
8- How is the work that you buy authenticated?
9- What do we do with the information about you?
10- How can force majeure affect your contract?
1 - Who are we?
MBW Art, identified by the domain name www.mbwart.co.za, is a private company registered in South Africa.
2 - What is the purpose of these general conditions of sale?
These General Conditions of Sale define the conditions in which we sell the works of art presented on our website as well as your rights and obligations in this regard.
A purchase order is completed on our website and indicates full acceptance of these conditions, which constitute your contract.
Any promotion and special discount on offer from time to time, are limited to stock availability and MBW Art reserves its right to refund any payment made during an out-of-stock situation.
3 - How to order an artwork on our website?
You can order an artwork by following the shopping cart process. This purchase order contains the identification, the characteristics and the total price of the artwork, as well as the method of payment chosen.
Confirmation of the receipt of order is sent to the customer via email.
The order process commences once the funds are reflected in MBW Art bank account.
4 - How to pay for your purchases?
You can pay by credit card and interact directly with the bank's secure payment server, this guarantees the confidentiality of the information provided.
The secure payment server verifies the validity of the credit card used before granting the payment authorization and automatically confirms the result. The price indicated on your purchase order corresponds to the total amount of which you are indebted. It includes the price of the work, the cost of packing and transport if selected.
Prices are indicated in South African Rands and include VAT.
5 - Delivery/Shipping
Delivery will be made, during business hours, to the delivery address that is selected during the payment process. Lead time range is usually between 7-21 work days from the date payment is received (international lead time 3-6 weeks and only rolled canvas, this due to 'wood' restrictions imposed on imported items). Only a valid urban delivery address is recognized, this excludes rural locations including farmlands and plots.
Transfer of risk concerning artworks purchased by the customer takes place as soon as it is handed from MBW Art to the carrier. It is the customer's responsibility to ensure the transported goods are insured, in case of default or damage, the customer must advise the carrier immediately or as soon as possible and copy MBW Art. at sales @mbwart.co.za
6 - Refund
MBW Art do not offer a cash refund. The customer has a period of 7 days from the delivery of the order, to notify MBW Art that there is a fault with the artwork. MBW Art will assess the complaint and if the cause is related to a fault in their process, the artwork will be replaced and delivered at no cost, or a credit equal to the value paid for the faulty artwork to be passed on to the customer and may be redeemed against future purchase. In certain circumstances the faulty artwork will need to be returned to MBW Art at the customer’s expense.
7 - Your rights on the artwork
The artist, for having taken the initiative of its creation, remains owner of the copyright on its creation. The rights of representation and reproduction of the artworks presented on the MBW Art site belong to their affiliate artists and MBW Art. Their joint authorization is necessary for any exploitation of these rights. Your rights on the artwork purchased are therefore limited to a right of private use, excluding any right of representation and reproduction.
8 - How is the work that you buy authenticated?
All the works presented on our website are artworks that come directly from the artist's studio. The artwork is either limited to a number of copies, or is a unique variant meaning each piece is embellished in some form or manner making it unique. Each artwork will contain a signature and in the case of a variant will have a unique certification number.
9 - What do we do with the information about you?
The information you give us, in the registration form and your purchase order, or by any other means, may be the subject of computerized processing to allow the processing of your file, the security of payments, shipping of the commissioned artwork and the setting up of commercial actions. This information may, therefore and exclusively for the aforementioned purposes, be communicated, in South Africa and abroad, to public bodies or private companies. By confirming your order, you authorize us to distribute them under these conditions.
The only information held by MBW Art is your e-mail address, you may elect to have this information removed from the database by sending us an e-mail to the following address: firstname.lastname@example.org
10 - How can force majeure affect your contract?
MBW Art cannot be responsible or considered to have committed a fault in the handling of your order for any delay or non-performance, if such delay or such non-performance results from force majeure (for example a storm/riot/looting).