Terms and Conditions for Buyers
• 1. Definitions
o 1.1. The "Buyer" means person who buys or agrees to buy Goods from the Seller.
o 1.2. The "Seller" means Sean Knipe Art.
o 1.3. "Conditions" means the Conditions of Sale set out in this document and any special conditions agreed in writing by the Seller.
• 2. Conditions
o 2.1. These conditions shall apply to all Contracts for sale of Goods by the Seller to the Buyer to the exclusion of all other Terms and Conditions.
o 2.2. No variations or additions to these Conditions shall be effective unless agreed in writing by the Seller.
o 2.3. No Contract for the sale of Goods shall arise until the Buyer notifies the Seller of its acceptance of the Seller's final quotation.
o 2.4. Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.
o 2.5. Nothing in these Conditions shall affect the statutory rights of the consumer
o 2.6. All Conditions are to be in accordance with the laws of the South Africa.
• 3. Prices
o 3.1. The Price shall be that on the Seller's website or any price subsequently agreed in writing by the Seller.
o 3.2. The Seller reserves the right to revise prices prior to dispatch of Goods to reflect any direct or indirect increase in costs to the Seller but if the price has been paid in full prior to dispatch no price Revision take place without the prior written agreement of the Buyer.
o 3.3. Payment must be made in full before dispatch of any Goods unless otherwise agreed to previously by the Seller.
o 3.4. If any act or proceedings shall be commenced in which the Buyer's solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable.
• 4. Interest on Overdue Invoices
o 4.1. The seller reserves the right to charge interest on overdue invoice accruing from the date when payment becomes due from day to day until the date of payment at 2% per calendar month.
o 4.2. All invoices shall be paid in full, free of any deduction for any set-off or counterclaim.
• 5. Copyright
o 5.1. Unless otherwise explicitly stated by the Seller, the copyright of any goods purchased by the Buyer remains with the originating artist.
• 6. Warranty and Liability
o 6.1. The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, Common Law or otherwise are excluded and the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose.
• 7. Delivery
o 7.1. Whilst every reasonable effort shall be made to keep to an agreed delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.
o 7.2. Failure by the Buyer to pay for any installments or delivery when due shall entitle the Seller to withhold any further deliveries and the Buyer shall be liable for any costs incurred by the Seller relating to such Goods which the Seller is then entitled to withhold.
o 7.3. Delivery of the Goods shall be made to the Buyer's address and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
• 8. Ownership and Risk
o 8.1. The risk in Goods shall pass to the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller's premises at the Buyer's request.
o 8.2. The Seller remains the owner of the Goods affected by the Contract until the Seller has been paid in full for such Goods.
o 8.3. If any payment due under these Conditions is overdue in whole or in part, the Seller may without prejudice to any of its other rights recover and/or re-sell the Goods or any of them and may enter on the Buyer's premises by its servants or agents to recover the Goods and the Buyer shall be liable for all the Seller's costs of so doing.
o 8.4. The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 48 hours of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do this he is deemed to have accepted the Goods.
o 8.5. Any Goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together with the original packing at the Buyer's risk and either a) retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect or Collect the Goods or b) at the Seller's option returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the Goods are in fact defective.
• 9. Cancellation and Returns
o 9.1. Orders may be cancelled at any time prior to the goods being dispatched unless they have been made specifically to the Buyers instructions.
o 9.2. Under the SA Consumer Protection (Distance Selling) Regulations, you may cancel the goods purchased (other than commissioned items) by sending a notice of cancellation by email to seanknipeart@gmail.com The Seller must receive the notice of cancellation within 7 days of the date of delivery of the goods. As soon as we receive your order to cancel we will refund the relevant portion of your order if it has not yet been dispatched. If it has been dispatched, you will be responsible for the cost of returning the goods and your refund for the goods will be processed on their arrival. The Seller recommends the use of recorded delivery for your protection and peace of mind. The Seller will send you an email to let you know that your refund has been processed. This will end the Seller's liability to you.
o 9.3. No Contract shall be cancelled nor shall any Goods which are in accordance with the Contract be returned without prior written approval of the Seller and on terms to be determined at the absolute discretion of the Seller.
o 9.4. Unless the Seller at its discretion decides otherwise, if the Seller agrees to accept the return of any such Goods then a) the Buyer will be liable for the cost of remedying any damage to the Goods returned where such damage has, in the opinion of the Seller, been caused by the Goods being inadequately packaged by the Buyer or through the Buyer's fault. b) the Seller reserves the right to make a handling and restocking charge of 25% on Goods which are returned if they were ordered in error or are no longer required.
• 10. Force Majeure
o 10.1. The Seller will not be under any liability whatsoever in the event that the Seller is prevented or delayed from supplying or making delivery of any Goods by any reason or cause beyond the Seller's control.
• 11. No Waiver
o 11.1. The Seller's failure to insist upon strict performance of any provision of these Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these conditions.
• 12. Liability
o 12.1. Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damage.
• 13. Dispute
o 13.1. In the event of a dispute between the Buyer and the Seller, should the Seller in writing require, the Buyer agrees to submit the dispute to arbitration in accordance with the Arbitration Act for the time being in force as a legally binding alternative to Court action.
• 14. Affiliate Program
By signing up to be an affiliate in the Sean Knipe Art Affiliate Program (the “Program”) you agree to be bound by the following terms and conditions. Please ensure that you read them carefully before signing up. These terms and conditions are a legal agreement between Sean Knipe Art and You (the “Affiliate”, “you”).
We reserve the right to update and change the terms and conditions from time to time without notice. Any amendments, modifications, enhancements or changes to the Program including the release of new features and resources made available by us from time to time shall be subject to these terms and conditions.
Any violation of these terms and conditions may result in, among other things, termination or suspension of your rights to be an Affiliate and forfeiture of any outstanding affiliate referral fee payments earned during the violation.
Account Registration & Terms
You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign up process for an Affiliate account (“account”)
You must be 18 years of age or older to join this Program.
Each account is for use by either a single legal entity (e.g. a company or a partnership) or an individual user. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any user names and passwords issued (including those of any Invitees) rests with you.
You may not use the Program for any illegal or unauthorized purpose. You must not, in the use of the Program, violate any laws in your jurisdiction (including but not limited to copyright laws).
Referral Links & Promotion
Once you have signed up for the Program you will be provided with a URL link that must be used to identify you when placing a link from your site, email or other communications to the Sean Knipe Art website. It is your responsibility to ensure each such link is correctly formatted.
We may also provide graphical images that can be used within the links to promote Sean Knipe Art. You may not modify these images in any way. We reserve the right to change the images at any time without notice.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site
You may not use our name or graphics in any bulk email whatsoever unless we have given our advanced written consent. We may terminate the Agreement if any meaningful spam complaints naming us or our services result from your marketing activities.
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our Services, say you are part of Sean Knipe Art or express or imply any relationship between us and you or any other person or entity, except as expressly permitted by this Agreement.
Referral Fees
For the sale of a subscription to be eligible to earn a referral fee, the customer must click-through a link from your site, email, or other communications to the Sean Knipe Art website and sign up within 90 days of the initial click-through. If they fail to sign up within those 90 days and later return without following your link, you will not earn a referral fee.
We will only pay referral fees on links that are automatically tracked and reported by our systems. For our systems to track the referral, the visitor must have cookies enabled. We will not pay referral fees if someone says they signed up through you but it was not tracked by our system.
The referral fee is 20% of our revenue from customers that you refer. The referral fee will be credited to your Affiliate account once the customer pays. Referral fees are only earned if a customer makes a payment in full.
Payment
Accrued referral fees are paid via bank transfer roughly once per month and only when your accrued referral fees total 15000ZAR or more. The Affiliate will then raise an invoice to Sean Knipe Art for the indicated amount. You must have a valid bank account to receive referral fees, as we do not offer payment via cheque/check, credit card, cash or other method.
Customer payments refunded or payments charged-back due to credit card fraud do not qualify for referral fees. We may delay crediting of referral fees subject to risk analysis considerations and Anti-Money Laundering procedures.
A summary of sign ups and statement of referral fees is available to the Affiliate by logging into their Affiliate account.
The referral fee structure is subject to change at our discretion.
We reserve the right to disqualify referral fees earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on your involvement in this Agreement and shall be the responsibility of, and payable by you.
We reserve the right to check and change commissions on the basis of orders actually paid, the notification e-mail is not understood as a confirmed commission - this is only a notification, and every payment will be verified based on real transactions.
Customer Definition
Every customer who buys an artwork through this program is deemed to be a customer of Sean Knipe Art. Accordingly, all of our rules, policies, and operating procedures concerning pricing, customer orders, customer service, and services sales will apply to those customers. We may change our policies and operating procedures at any time. Sean Knipe Art is not responsible for any representations made by the Affiliate that contradict our rules, policies or operating procedures.
Pricing & Availability
We will determine the prices to be charged for artworks sold under this Program in accordance with our own pricing policies. Artwork prices and availability may vary from time to time. Because price changes may affect artworks that you have listed on your site, you should not display artwork prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular service.
Copyrighted and Trademarked material
You are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your site) obey all applicable copyright, trademark, and other laws. Sean Knipe Art will not be responsible if you use another party’s copyrighted or trademarked material in violation of the law.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your address on our records, is considered sufficient notice to terminate this Agreement. Sean Knipe Art reserves the right to end the Program at any time. Upon Program termination, Sean Knipe Art will pay any legitimate outstanding earnings.
Termination
Sean Knipe Art, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Sean Knipe Art service, for any reason at any time. Such termination will result in the deactivation or deletion of your Affiliate Account, and the forfeiture and relinquishment of all potential or accrued referral fees in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Sean Knipe Art reserves the right to refuse service to anyone for any reason at any time. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the Sean Knipe Art website and all our images and other materials provided under the Program.