Terms and Conditions
The following terms and conditions (Terms and Conditions) govern your use of this web site.
Art365 is the premier marketplace for artists and crafters to sell and market their paintings and handmade products online and with ease. We market our webiste to international as well as South African art and craft lovers.
Bridget believes that an excellent selection of products together with a site that navigates easily and great customer service is the key to Art465’s business philosophy.
Delivery is made exclusively by the Seller of the item and will provide shipping details of the package, including tracking numbers at the time of shipping. Art365 provides 2 delivery methods for you to choose, namely to your Post Office Box via the SOuth African Post Office and Courier shipping to your door via Courierit. The delivery costs for each item vary according to the weight and size of the item. Any delivery times quoted are estimates only, and are based on availability and normal delivery times in working days. Larger items will always ship economy and smaller items will ship overight or next day. Art365 does not warrantee or guarantee any artworks to be original or of good quality and is not responsible for any artworks damaged during shipping and handling.
Occasionally packages are returned to us undeliverable. Should this event take place every attempt will be made to contact you to make arrangements for re-shipment.
Order processing will not begin until we receive a confirmed order and full payment.
Import regulations and duty
If you order goods from our site for delivery outside South Africa, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that products offered for sale by Art365’s sellers are directed solely at South African residents. Art365 and its Sellers make no representation that any products sold through this website are appropriate or available for use outside of South Africa. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
If you wish to discuss or organise a return, exchange or refund of any item, please contact us and we will get you in touch with the Seller of that product.
All Sellers provide the following guarantee to all shoppers so that you have peace of mind when ordering any product through the Site.
- 7 days, from the receipt of goods, in which you can return your items .
- Two days, from the day after that on which you agree to go ahead with any service, in which you can cancel your order (unless the service has already been provided).
- You MUST cancel your order in writing within the timeframes given.
- Where you return goods within the period specified above (other than as a result of a defect in the goods) you will be responsible for payment of the delivery charges. Please obtain proof of payment for postage and tracking. Should you choose to use a carrier that does not offer a tracking facility and the goods are lost then unfortunately no refund or return can be considered.
International customers should make use of a courier that offers:
- Shipment tracking
- Insure your package for safe return and declare the full value of the shipment failing which loss or damage will be for your account.
- Disclosure of outlet country at time of payment (South Africa – First National Bank)
There are naturally exceptions to the terms shown above, where for instance products are specially made, so please always double check the returns policy directly with the Seller Partner concerned.
The following items are likely to be non-returnable and non-refundable:
- personalised items that are specially made, or ordered, with your choice of name, fabric, message or other customized aspect;
- perishable products, including food and flowers;
- personal products such as underwear, jewellery (especially earrings), cosmetics;
- large items of furniture which are often specially made or ordered;
- homewares that are made up in your own choice of fabric or material, such as lampshades, throws, cushions and other items; and
- art, sculpture, ceramics and other creations that are often specially commissioned when you place an order.
For further details, including practical guidance on returning goods, please see Returns and Refunds.
Description of Art365’s service
Please note that we accept orders as agents on behalf of our Sellers. The resulting legal contract is between you and that Seller, and is subject, in addition to these Terms & Conditions to the terms and conditions of that Seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
We cannot give any undertaking, that goods or services you purchase from Sellers through the site will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the Seller Partner. Where you order goods or services through the site we may disclose your customer information related to that transaction to the relevant Seller.
We do not review or control, and are not responsible in any way for, listings provided by Sellers and at no time do we possess any items offered for sale through the site.
How contracts are formed between you and Member Partners
Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to these Terms & Conditions and any additional terms and conditions notified to you by the Seller.
No order shall be deemed to be accepted by the Seller until the Seller issues an email acknowledgement of order.
The contract will relate only to those goods and/or services notified in the email acknowledgement of order.
In the course of your application for Membership and your use of the Site, you may be asked to provide certain personal information to us (Member Information). You promise that the Member Information you provide is true, accurate and complete.
Any Member Information that you disclose may be used by Art365, its agents and contractors in relation to the provision of services accessible on the Site, including marketing activities in relation to the Site.
We respect the intellectual property rights of others, and require that those people who use the Sites, or the services or features made available on or through the Sites, do the same.
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Art365:
- your address, telephone number, and email address;
- a description of where the alleged infringing material is located;
- a description of the copyrighted work that you claim has been infringed; and
- a statement by you, that you warrant that the above information in your notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner’s behalf.
Payment Options and Pricing
Purchases may be paid for by using a credit card through Payfast, our online payment facility. All transactions will be processed in South African Rands (ZAR).
You’re total order price will include the price of the purchase plus any applicable sales tax and shipping charges (on the day of shipping). Art365 and the Seller Partners reserve the right to change pricing at any time without prior notice.
- Credit Card
We accept MasterCard and Visa credit cards. If you do not have a credit card please utilise one of the other payment options, or simply log off and return to the site at a later time to complete your order. All of your order details will be saved online under in the Your Account section available for use whenever you’re ready!
- Instant EFT (Electronic Fund Transfer)
One of the most widely used ways of sending money online. Once you have added enough items to your shopping cart proceed to “Checkout” and follow the order processing instructions. Select the option to pay via EFT. You will then have to load Art365 as a beneficiary on your internet banking and use the unique order number in the reference line for your payment. This should ensure speedy processing and delivery of your selected products.
Art365 accepts mimoney as payment. mimoney is a virtual currency – money on your mobile phone – which allows you to make cashless and cardless internet purchases. It is a great way to shop online if you don’t have a bank account or credit card.
Art365 accepts Ukash as payment. Ukash is a voucher based payment system which allows you to buy online even if you don’t have a bank account or a credit card! All you need is cash!
You simply go to one of the many retail outlets which sell Ukash, buy a voucher and then enter the 19 digit voucher number when paying online via PayFast.
- Payfast Voucher
Payfast has the ability to dispense vouchers which are redeemable at any PayFast seller. Vouchers can be purchased for yourself or someone else!
A PayFast voucher comes in the form of a 20 digit code sent via SMS or email. When paying at a site which uses PayFast, just enter this 20 digit code to redeem your voucher. If your purchase is for less than the voucher amount, you will receive a new voucher for the difference. Note: Voucher use is currently undergoing testing and is not yet available to all users. We will notify all newsletter subscribers once testing has been completed.
- Direct Deposit
You may pay for your products through a direct deposit. It’s exactly the same as doing an EFT payment, except you’ll have to go into your bank and physically make your direct deposit there. Please fax through your deposit slip to us on ###-###-#### to ensure your payment is confirmed and order shipped as quickly as possible.For more information about how to order, special order requirements and other payment options, please contact our Support Team on 072 390 0111 or email email@example.com or visit or Payment methods page.
- Banking Details:
Bank : First National Bank
Branch No. : 210920 (Queenstown, Eastern Cape)
Account Name : Art365
Account No. : 62353726478
Account Type : Cheque
Refusal of transaction
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
Use of Site
You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase.
This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms & Conditions.
Fees and Services
You do not have to pay a fee to become a Seller.
You do not have to pay a fee to sell Products on the Sites.
If you are a Seller, you will receive the fee (less the commission to which Art465 is entitled) collected by Art365 for each sale of your Product to a Buyer.
All payments by Buyers on the Sites must be paid through a Payment Agent.
You are responsible for paying all fees and taxes (including withholding tax), associated with your use of the Sites wherever levied (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable).
All prices on the Site are expressed in Rands where 1 Rand is equal to 1 Rand, which is the currency of South Africa. Payment will be made in RSA currency and accordance with the rules of the applicable Payment Agent.
Where a payment is made by Art465 to a Seller, the Seller is responsible for all costs, including bank fees and charges.
Disclaimer of Warranty
The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called “Providers”, assume no responsibility for errors or omissions in these contents. The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility. The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
We reserve the right to:
- Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- Change these Conditions from time to time and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
- We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other that which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.
The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyze trends, and administer the Site.
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
Third Party Links
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
Lead time is dependent on stock availability. Should we have stock available; orders will be dispatched once payment appears in our bank account. If payment is received on Friday products will be dispatched on the Monday.
Should the product not be in stock we will inform the client by email and refund the client in full within 30 days.
Every effort is made to effect shipment of your order timeously however unforeseen circumstances may cause delays. Should we be faced with such an occurrence Art365’s Seller will contact you via email and provide a revised shipping schedule.
When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website.
- Payfast process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site’s registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate Payfast to obtain confidential information.
- Payfast is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
- The Merchant does not have access to credit details.
- Payfast continually reviews and enhances its security in line with technological changes.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
Updating of these Terms and Conditions
We reserve the right to change, modify, add to or remove from 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 to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
I understand that all the designs and trademarks are registered to Art365 and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by Art365 for any civil action or any legal action deemed necessary against me.
Postal address : 31 Haig Avenue, Queenstown, 5320
Email address : firstname.lastname@example.org
Phone numbers : 082 621 6206