HEIN WAGNER ACADEMY ONLINE TERMS & CONDITIONS OF SALE

INTRODUCTION

By using this Website, the Customer is bound by and agree to these T&Cs, which we may change without notice from time to time. If the Customer does not agree to any of the T&Cs the Customer should not continue to use the Website.

Use of our website confirms your understanding and acceptance of these Terms and Conditions, and the Customer will be bound by the Artwork Terms and Conditions, these T&Cs and Privacy Policy during all transactions relating to the purchase of Products from our website.

BASIC CONDITIONS

The Services include an online marketplace and tools to buy artwork and other property. All property is offered for sale and sold directly from the seller to the buyer.

ONLINE PURCHASES

Customer can purchase artwork from collection available on Hein Wagner Academy website on the “SHOP” online purchase feature. Where available, the Online Purchase feature will be indicated on the Services with a “Purchase” or “Buy Now” button. Online Purchase orders are binding on the buyer. When you place an order using the Online Purchase feature, you are required to complete the transaction subject to these Conditions.

DEFINITIONS

“Customer” means the party who purchases the Products from Hein Wagner Academy NPC or who registers with a user profile on our website.

“CPA” means the Consumer Protection Act, 68 of 2008.

“Contract” means any contract or agreement arising out of the acceptance of any offer, whether that contract arises out of an offer made by Hein Wagner Academy and accepted by the Customer, or an offer made by the Customer and accepted by Hein Wagner Academy, and includes the terms and conditions of any agreement between the parties regarding purchase and delivery if applicable.

“Products” means the products sold from the Collection of artworks by Hein Wagner Academy to the Customer.

THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 (“THE ACT”)

 Our contact details are as follows:

Hein Wagner Academy NPC a non-profit company registered in the Republic of South Africa, with its registered office for legal service of documents at 20 Adderley Street, Worcester, Western Cape, 6850, South Africa.

Telephone Number: +27 (0)23 346 6800

Website Address: www.heinwagneracademy.org

Directors: P Hegarty; C Du Bois; H Wagner(founder)

USE OF THE WEBSITE

The following activities on or through the Website are expressly prohibited:

any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Website or the content contained thereon; and

the collection or use of any listings, descriptions, and/or price lists from the Website for the benefit of a competing merchant that supplies products comparable to those offered on the Website; and

any use or action that imposes an unreasonable or disproportionately large load of traffic on the Website, or otherwise interferes with the proper and timely functioning of the Website.

Although reasonable steps have been taken to ensure the accuracy and completeness of the contents, data and information on this Website, there may be instances where such information proves inaccurate or incomplete. Customers should take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this Website, especially if certain information appears to be inaccurate, particularly product pricing and promotional content.

PURCHASES AND STOCK AVAILABILITY

All artwork is subject to availability and all prices displayed on the website are subject to change without notice. Prices quoted excludes taxes and is payable by Customer based on country specific legislations.

Orders placed may be declined or cancelled in the event of Products being out of stock, damaged Products, incorrect Product information, incorrectly displayed prices, and due to payment for Products not being received or payments not being authorized by Hein Wagner Academy.

DELIVERY

Please note delivery cost is not included in the price as advertised on the website and remains the responsibility of buyer, should a quote be required from buyer, Hein Wagner Academy could issue accordingly.

Purchases made in excess of R25 000 includes the delivery costs within the borders of South Africa.

Hein Wagner Academy will use its best endeavours to ensure that delivery is completed as soon as is reasonably possible after the estimated delivery date. Notwithstanding the foregoing, Hein Wagner Academy shall not be liable for failure to perform or delay in performance hereunder resulting from any cause beyond Hein Wagner Academy’s control, fire, labour difficulties, transportation difficulties, interruptions in power supply (including but not limited to what may be termed “load shedding” or “black-outs”) and delays in usual sources of supply, major changes in economic conditions, breakdown of machinery or any cause beyond Hein Wagner Academy’s control, or whether caused by negligence or otherwise.

Subject to a purchase or written agreement between the parties providing to the contrary, risk in and to the Products shall pass to the Customer upon purchasing of Product. Any possible damages to Product during transit is covered by separate insurance

The Customer shall immediately upon receipt of the Products from Hein Wagner Academy be allowed to inspect the Products and the Customer must inform Hein Wagner Academy of any damages or errors by way of written notice on the delivery document.

Any of the Products delivered to the Customer in error will only be considered for return by Hein Wagner Academy provided that such Products are undamaged, have not been tampered with in any way and are not defaced in any way.

LIMITATIONS

The Customer hereby indemnifies and holds Hein Wagner Academy harmless against any losses, expenses, costs or damages of whatsoever nature incurred by the Customer arising from any wilful misconduct or gross negligence of Hein Wagner Academy.

PRIVACY AND COOKIE POLICY

The Privacy and Cookie Policy forms part of the Customer Contract.  Personal information collected from the Customer will be in accordance with this Privacy and Cookie Policy.

Use of Wein Wagner Academy Website signifies consent to Hein Wagner Academy collecting and using personal information of the Customer as specified below.

Information of Customers is collected as follows:

The Customer may purchase a Product and provide a name, e-mail address, delivery address, credit or debit card number and expiry date so that the order can be processed, and the Product delivered to the Customer. Sometimes, the Customer may be asked for a telephone number.

 Details of credit or debit cards or bank accounts will be used by Hein Wagner Academy only for the specific purpose for which it was provided to Hein Wagner Academy.

How information is used:

To confirm that purchases have been made; to validate the Customer; to prevent and detect criminal activity, fraud and misuse of or damage to our services or networks; to prosecute those responsible and to contact the Customer.

To contact the Customer by post, telephone and electronic mail (that is email, picture, video, and SMS) about functionality changes to our Website, services or changes to our Terms and Conditions, and to communicate with the Customer about benefits and advise the Customer regarding our services.

Some of our services may be provided by other service providers, and our services will then be offered through third party service providers on our Website. Customer personal information will be shared with these companies. These companies can and will process this information and will be obliged to keep such information confidential.

INTELLECTUAL PROPERTY

All content included on this Website is the property of HEIN WAGNER ACADEMY and all artworks is protected by South African and international copyright laws.

APPLICABLE LAW

These Terms are governed by the laws of the Republic of South Africa.

SIGNATURE ON DELIVERY

All shipments contain valuable goods. Because of this, our carriers are contracted to produce a Proof of Delivery.

INSURANCE

All shipping costs are exclusive of insurance costs, please specify this when dealing with transport.