These terms and conditions are the contract between you and Diamond Dot Art (Pty) Ltd trading as Diamond Art SA (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.

I / We are Diamond Dot Art (Pty) Ltd trading as Diamond Art SA, a company registered in South Africa, number 2020/776068/07. Our address is D209 Northview Shopping Centre, Cnr Malibongwe Drive & Olievenhout Drive, North Riding, 2188.

You are: Anyone who uses Our Website.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.

The terms and conditions:

1.          Definitions

In this agreement:

2.          Interpretation

In this agreement unless the context otherwise requires:

2.1.       a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.

2.2.       these terms and conditions apply to all supplies of Products by us to any customer. They prevail over any terms proposed by you.

2.3.       any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.

2.4.       Except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.

2.5.       in this agreement references to a party include references to a person to whom relevant rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that party.

2.6.       the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.

2.7.       a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.

2.8.       these terms and conditions apply in any event to you as a buyer or prospective buyer of our Products and so far as the context allows, to you as a visitor to Our Website.

2.9.       this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3.          Our contract with you

3.1.       This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.

3.2.       Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.

3.3.       If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

3.4.       Because we rely on our suppliers, we do not guarantee that Products advertised on Our Website are available.

3.5.       We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Products.

3.6.       The price of Products may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy that Product.

3.7.       If in future, you buy Products from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.

4.          Our contract with you as a designer of your Painting Image

This and the following paragraph apply only to our relationship with someone who offers work to us, for us to use in the production of any Product.

4.1.       You may submit any number of Painting Images to us for sale as part of our Diamond Art Paintings. The procedure for submitting a Painting Image is set out on Our Website.

4.2.       We are under no obligation to accept a Painting Image you submit.

4.3.       If we accept your Painting Image we may remove it from sale at any time without asking you.

4.4.       We will use software in Our Website to track sales of a Product which incorporates your Painting Image.

4.5.       You may log in to Our Website at any time to see a history of sales of Products incorporating your Painting Image.

4.6.       You confirm that your Painting Image has been created by you and that you own all rights in it.

4.7.       You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Painting Image having been submitted by you.

4.8.       You accept all risk and responsibility for determining whether any Painting Image is in the public domain and not confidential.

4.9.       We are entitled, but not obliged, to check any aspect of your Painting Image and to refuse to use it without giving you a reason. But if we do give you a reason, you accept that we have absolute discretion and that you may not challenge the reason we have given.

5.          Terms of your licence to us of your Painting Image

5.1.       Your submission to us of a Painting Image constitutes an offer to grant a licence to us in the terms of this paragraph. If we use your design, we are deemed to have accepted your offer.

5.2.       The licence is in exchange for the satisfaction you will obtain for our using your Painting Image.

5.3.       The licence shall be:

5.3.1        free of charge;

5.3.2        perpetual and exclusive;

5.3.3        for use throughout the World;

5.3.4        for use or resale by us or any person with our authority;

5.3.5        fully assignable and sub-licensable;

5.3.6        such that we may incorporate all or part of your Painting Image in any other work.

5.4.       We are under no obligation to recognise your author’s rights or to acknowledge your authorship in any way.

5.5.       We are under no obligation to protect your Painting Image.

6.          Acceptance of your order

6.1.       Your order is an offer to buy from us. We shall accept your order by email confirmation. That is when our contract is made. Our message will also confirm details of your purchase.

6.2.       If we do not have all of the Products you order in stock, we will offer you alternatives. If this happens you may:

6.2.1        accept the alternatives we offer;

6.2.2        cancel all or part of your order.

7.          Price and payment

7.1.       Prices of Products are shown on Our Website.

7.2.       It is possible that the price may have increased from that Posted on Our Website. If that happens, we will not send your order until you have confirmed that you wish to buy at the new price.

7.3.       Prices include value added tax. If you show by your delivery address that you reside outside South Africa we will refund to you the amount charged as VAT.

7.4.       If the Product you order is available in parts, you must pay us the full price of your order before we will send any part of it.

7.5.       Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Rand will be borne by you.

7.6.       Any information given by us in relation to exchange rates are approximate only and may vary from time to time.

7.7.       If, by mistake, we have under-priced a Product, we will not be liable to supply that Product to you at the stated price, provided that we notify you before we dispatch it to you.

7.8.       The price of a Product does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.

7.9.       If we owe you money (for this or any other reason), we will refund you as soon as reasonably practicable but in any event no later than 15 days from the date when we accept that repayment is due.

8.          Security of your credit card

We take care to make Our Website safe for you to use.

8.1.       Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

9.          Cancellation and refunds

Whether you buy as a Consumer or not, this paragraph applies to all our customers.

9.1.       Details of our after-sales service and guarantees, if any, are given in Our Website terms and conditions or in catalogues.

9.2.       You may cancel your order at any time before the expiry of 7 days from the date you receive the Product, not including the day you received it.

9.3.       You are responsible for the cost of returning the Products. We have no obligation to refund to you, your cost of re-packing and returning the Products.

9.4.       If you fail to return the Product, we are entitled to arrange for its collection. If we do, we will look to you to repay the cost of collection.

9.5.       If the Products you return, shows any sign of damage or loss due to your checking then we shall be entitled to deduct the cost from your refund money.

9.6.       In the event of cancellation of an order by you in compliance with these terms, we will refund any money due to you within 30 days.

10.      Delivery

10.1.    Products are delivered within 30 days from the day you place an order to purchase a Product.

10.2.    Deliveries will be made by the carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.

10.3.    If we are not able to deliver your Products within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.

10.4.    We may deliver the Products in instalments if they are not all available at the same time for delivery.

10.5.    Products are sent at our risk until signed for by you or by any other person at the address you have given to us.

10.6.    All Products must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Products may be retained by the driver. When your Products arrive it is important that you check immediately the condition and quantity. If your Products have been damaged in transit, you must refuse the delivery and contact us so that we may dispatch a replacement quickly and minimise your inconvenience.

10.7.    Signing "Unchecked", "Not Checked" or similar is not acceptable.

10.8.    Products are sent by courier. We will send you a message by email to tell you when we have dispatched your order.

10.9.    If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.

10.10. Some Products are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.

10.11. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.

10.12. We are happy for you to pick up Products from our premises provided you make an appointment in advance and payment has been received into our bank. Payment on arrival is not acceptable.

10.13. If you pick up Products from our premises then:

10.14. we will not be able to assist you in loading heavy items;

10.14.1  Products are at your risk from the moment they are picked up by you or your carrier from our premises;

10.14.2  you agree that you are responsible for everything that happens after you take possession of the Products, both on and off our premises, including damage to property of any sort, belonging to any person.

11.      Foreign taxes and duties

11.1.    If you are not in South Africa, we have no knowledge of, and no responsibility for, the laws in your country.

11.2.    You are responsible for purchasing Products which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

12.      Liability for subsequent defects

12.1.    We will repair or replace Products which show a defect. If you claim that a Product is defective, the following conditions apply:

12.1.1     the defect must be reported to us within four weeks of becoming apparent;

12.1.2     the defect results only from faulty design or manufacture;

12.1.3     you have returned the defective Products or parts to us if we have so requested.

12.2.    If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Products free of charge.

12.3.    If we repair or replace Products, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.

13.      Products returned

These provisions apply in the event that you return any Products to us for any reason:

13.1.    We do not accept returns unless you buy as a Consumer, or there was a defect in the Product at the time of purchase, or we have agreed in correspondence that you may return it.

13.2.    The Products must be returned to us as soon as any defect is discovered.

13.3.    So far as possible, a Product should be returned:

13.3.1     with both Product and all packaging as far as possible in their original condition;

13.3.2     securely wrapped;

13.3.3     including our delivery slip;

13.3.4     at your risk and cost.

13.4.    You must tell us by email message to sales@diamondartsa.co.za you that you would like to return Products, specifying exactly what Products and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send Products to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.

13.5.    In returning a faulty Product please enclose with it a note clearly stating the fault and when it arises or arose.

13.6.    If we agree that the Product is faulty, we will:

13.6.1     refund the cost of return carriage;

13.6.2     repair or replace the Product as we choose.

14.      Disclaimers

14.1.    The law differs from one country to another. This paragraph applies so far as the applicable law allows.

14.2.    All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

14.3.    We make no representation or warranty for:

14.3.1     the quality of the Product;

14.3.2     any implied warranty or condition as to merchantability or fitness of the Product for a particular purpose;

14.3.3     the correspondence of the Product with any description;

14.3.4     the adequacy or appropriateness of the Product for your purpose.

14.4.    We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.

14.5.    We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.

14.6.    We make no representation or warranty and accept no responsibility in law for:

14.6.1     accuracy of any Content or the impression or effect it gives;

14.6.2     delivery of Content, material or any message;

14.6.3     privacy of any transmission;

14.6.4     any act or omission of any person or the identity of any person who introduces himself to you through Our Website;

14.6.5     any aspect or characteristic of any goods or services advertised on Our Website;

14.7.    Our Website includes Content Posted by third parties. We are not responsible for any such Content. If you come across any Content which offends you, please contact us via the “Contact us” page on Our Website.

14.8.    We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.

14.9.    You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Products concerned.

14.10. This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us.

14.11. If you become aware of any breach of any term of this agreement by any person, please tell us by using the Contact Us page on Our Website. We welcome your input but do not guarantee to agree with your judgement.

14.12. Nothing in this agreement excludes liability for a party's fraud.

15.      Your account with us

15.1.    You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Products.

15.2.    If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.

15.3.    You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

16.      Restrictions on what you may Post to Our Website

16.1.    You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:

16.1.1     be malicious or defamatory;

16.1.2     consist in commercial audio, video or music files;

16.1.3     be illegal, obscene, offensive, threatening or violent;

16.1.4     be sexually explicit or pornographic;

16.1.5     be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

16.1.6     give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;

16.1.7     solicit passwords or personal information from anyone;

16.1.8     be used to sell any products or services or for any other commercial use;

16.1.9     include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;

16.1.10  request personal information from other users nor Post any unnecessary personal information about you or any user without his permission.

16.1.11  link to any of the material specified above, in this paragraph.

16.1.12  send age-inappropriate communications or Content to anyone under the age of 18.

17.      Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

17.1.    hyperlinks, other than those specifically authorised by us;

17.2.    keywords or words repeated, which are irrelevant to the Content Posted.

17.3.    the name, logo or trademark of any organisation other than yours.

17.4.    inaccurate, false, or misleading information.

18.      How we handle your Content

18.1.    Our privacy policy is strong and precise. It complies fully with current privacy law which is at available here.

18.2.    If you Post Content to any public area of Our Website it becomes available to the public domain. We have no control over who sees it nor what anyone does with it.

18.3.    We need the freedom to be able to publicise our services and your own use of them. You therefore now irrevocably grant to us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, throughout the World and in any medium. You represent and warrant that you are authorised to grant all such rights.

18.4.    We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.

18.5.    You agree to waive your right to claim authorship and your right to object to any distortion, mutilation or other modification of your work as provided in the Copyright Act 1978.

18.6.    Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

18.7.    You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;

18.8.    You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

18.9.    Please notify us of any security breach or unauthorised use of your account.

18.10. We do not solicit ideas or text for improvement of our service, but if you do send to us material of any sort, you are deemed to have granted to us a licence to use it in the terms set out at sub paragraph 5 above.

19.      Removal of offensive Content

19.1.    For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.

19.2.    We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.

19.3.    If you are offended by any Content, the following procedure applies:

19.3.1     Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.

19.3.2     we shall remove the offending Content as soon as we are reasonably able;

19.3.3     after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;

19.3.4     we may re-instate the Content about which you have complained or not.

19.4.    In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

19.5.    You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

20.      Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

20.1.    modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

20.2.    link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;

20.3.    download any part of Our Website, without our express written consent;

20.4.    collect or use any product listings, descriptions, or prices;

20.5.    collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

20.6.    aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;

20.7.    share with a third party any login credentials to Our Website;

20.8.    Despite the above terms, we now grant a licence to you to:

20.8.1     create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

20.8.2     you may copy the text of any page for your personal use in connection with the purpose of Our Website.

21.      Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

21.1.    your failure to comply with the law of any country;

21.2.    your breach of this agreement;

21.3.    any act, neglect or default by any agent, employee, licensee or customer of yours;

21.4.    a contractual claim arising from your use of the Product;

21.5.    a breach of the intellectual property rights of any person.

22.      Intellectual Property

22.1.    We will defend the Intellectual Property rights in connection with our Products and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

22.2.    Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

22.3.    You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

22.4.    Subject to other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

23.      Miscellaneous matters

23.1.    When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

23.2.    Where we provide Products or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Products or service for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those Products or that service.

23.3.    If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

23.4.    The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

23.5.    No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

23.6.    Any communication to be served on either party by the other shall be delivered by hand or registered mail.

23.7.    In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

23.8.    So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.

23.9.    Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, including any labour dispute between a party and its employees.

23.10. In the event of any conflict between any term of this agreement and the provisions of the memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

23.11. The validity, construction and performance of this agreement shall be governed by the laws of the Republic of South Africa and you agree that any dispute arising from it shall be litigated only in that country.