TERMS AND CONDITIONS
The works of art (“Works”) offered by or through the StateoftheART website (“Site”) are made available subject to the following terms and conditions (“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 SOTA GALLERY (PTY) LIMITED (registration number CK 2023/747476/07), trading as StateoftheART, (“SOTA”) may prescribe from time to time.
USE OF THE SITE
1.1. You may only use the Site to browse its content and make legitimate purchases of Works available for sale on the Site. You may not use the Site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase.
1.2. In using the Site you agree not to use any information or material in any manner that infringes any copyright, trademark patent or other proprietary right of any party;
1.3. Agree not to use the Site in any manner that could damage, disable, overburden or impair the Website or interfere with any other party’s use and enjoyment of the Site;
1.4. Agree not to attempt to gain unauthorized access to any of the services, other accounts, computer systems or networks connected to the Site through hacking, password mining or any other means.
CONTENT DISPLAYED ON THE SITE
2.1 You agree that the images of the Works displayed on the Site (“Site Images”) are guidelines only.
2.2 SOTA has taken reasonable care to ensure that the Works are presented as accurately as possible and will accept no responsibility for differences between the Site Images and the actual Works.
2.3 The Site and its content, including but not limited to the Site Images, may not be copied, modified, reproduced, republished, posted, transmitted, transferred or sold, displayed, or in any way exploited, in whole or in part, except as is expressly permitted by SOTA.
2.4 SOTA reserves the right to modify or withdraw, temporarily or permanently, the Site (or any part of thereof) with or without notice to you and you hereby agree that SOTA shall not be liable to you or any third party for any modification to or withdrawal of the Site.
UPDATING OF THESE TERMS AND CONDITIONS
SOTA 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 Site. It is your obligation to periodically check these Terms and Conditions for changes or updates. Your use of the Site 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 or updates.
LIMITATION OF LIABILITY
4.1 The Site and its content are provided "as is" without warranty of any kind, either expressed or implied. Without limiting the generality of this clause 4.1, the following warranties are expressly excluded:
1. merchantability or fitness of the Works for any particular purpose;
2. compatibility of the Site with your technology, equipment or software;
3. compliance with any law;
4. uninterrupted or error free functionality of the Site;
5. correction of defects; and
6. non-infringement of any rights.
4.2 Whilst SOTA has taken reasonable measures to ensure the integrity of the Site 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.
4.3 You agree that SOTA does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of SOTA’s control.
4.4 In no event shall SOTA be liable for any loss or damages including direct, indirect, incidental, special or consequential damages of whatsoever nature whether based in contract, delict, strict liability or otherwise, arising out of or in any way connected with the use of the Site, the inability to use the Site, the operational failure of the Site, or for any information, data, products, and/or services obtained through the Site.
4.5 Specifications about and other information and material regarding any Works for sale on the Site are provided by the Artist(s) concerned and are not verified by SOTA. While SOTA makes every effort to ensure that the information and material on the Site is accurate, SOTA makes no representations or warranties as to the accuracy or reliability of any information provided on the Site. You acknowledge that any reliance on representations and warranties provided by any Artist shall be at your own risk.
4.6 Insofar as the Site contains links to any other internet websites, you acknowledge and agree that SOTA 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.
4.7 The use of this Site is expressly forbidden in those territories where the law does not allow any provision in this clause 4 to take full effect.
INTELLECTUAL PROPERTY RIGHTS
5.1. All content included on the Site such as text, images, graphics, button icons, images, audio clips, databases, software, and names, images, and logos or marks identifying StateoftheART and/or any third party is the property of SOTA 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 Site is the exclusive property of SOTA and is protected by South Africa and international copyright laws. The Artists represented on the Site have granted a licence to StateoftheART-gallery.com for all images uploaded to be available for use in support of marketing and promoting the Site. SOTA hereby grants you permission to electronically copy and print portions of the Site for the sole purpose of placing an order for a Work with stateoftheart-gallery.com. Unless otherwise explicitly stated by SOTA, the copyright of any Works remains with the originating artist.
5.2. All Works are owned solely by the relevant Artists and are subject to South African and international copyright laws. The Artist warrants that he has the title to and owns the Works represented to be owned by him on the Site.
5.3. The sale of the copyright in a Work is a separate transaction and not part of the sale of the Work unless otherwise agreed in writing between yourself and the Artist.
5.4. Any misuse of the content on the Site, including without limitation, reproduction for purposes other than those specified in 5.1 above, modification, distribution or republication of any part of such materials without the prior written permission of SOTA, is strictly prohibited.
5.5. 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 SOTA, the Artist or any third party.
6.1. Works which are not available for purchase will not be added to your shopping basket. However, 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 SOTA.
6.2. SOTA 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 Site for any reason whatsoever.
ONLINE PAYMENT - MYGATE PAYMENT GATEWAY
All online credit card payments are processed by the Wirecard/MyGate Internet Payment Gateway. Card Holders may go to https://www.adumoonline.com to view the Adumo security policy.
Disclaimer - Currency Conversion Tool
StateoftheART-gallery.com cannot guarantee the accuracy of the exchange rates contained in this website. The information is provided by https://curencylayer.com and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about their accuracy. These rates are for general information purposes only, and any reliance you place on such information is strictly at your own risk. All artworks will be billed in South Rand when paying by credit card through the Adumo payment gateway.
When you click to make a purchase, your right to a refund of monies charged to your credit card or paid in any other way agreed by SOTA, are limited by stateoftheart-gallery.com’s Purchase Process. You are directed not to make any purchase through this Website unless you understand and agree to the Purchase Process. Once payment is made for the purchase, it is deemed that you have read, understood and agreed to the Purchase Process.
RIGHT TO CANCEL
You have a cooling off period of 7 days after the date on which you have received the Works to cancel the Contract, and return the Works via insured shipping at your cost and receive a full refund of the purchase price. For full details on the Returns Policy please read the Returns Process. The right to cancel this Contract will not apply in respect of Personalised Works or Works made to your specification (commissioned artwork ).
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa save that stateoftheart-gallery.com has the right, in its sole discretion, to commence and pursue proceedings in alternative jurisdictions. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa (Cape of Good Hope Provincial Division) in respect of any disputes arising in connection with the use of the Site.
VIOLATION AND WAIVER
11.1. If SOTA should fail to enforce any right or provision in the 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.
11.2. 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
12.1 If you are under 18 years of age you agree that you have had your parents or legal guardians permission to send any information to us about yourself or anyone else over the internet.
12.2 SOTA makes no representations or warranties to the effect that the contents of this Site are suitable for people under the age of 18.