TERMS & CONDITIONS


RULES OF THE VOID

SUI GENERIS ART TERMS & CONDITIONS

Welcome to Sui Generis Art. These Terms and Conditions ("Terms") govern your access to and use of the Sui Generis Art website, as well as the purchase of artworks and related services offered through the website.

Sui Generis Art is owned and operated by Sui Generis Art and is based in Johannesburg, Gauteng, Republic of South Africa. By accessing, browsing, or using this website, you agree to be bound by these Terms together with our Privacy Policy.

1. Introduction

  • These terms and conditions govern your access to and use of the website and related services.
  • If you do not agree to these Terms, you should discontinue use of the website immediately and refrain from placing orders.
  • Sui Generis Art reserves the right to amend, update, or replace these Terms at any time, effective upon publication.
  • These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

2. About the Artwork

Sui Generis Art is dedicated to showcasing and selling original works of art created by talented artists. We endeavour to ensure that all artwork descriptions and images are as accurate as possible.

2.1 Original Artwork

Unless expressly stated otherwise, all artworks offered for sale are original, one-of-a-kind works created by the respective artist. Limited editions or reproductions will be clearly identified.

2.2 Colour Accuracy

We make every reasonable effort to display colours accurately. However, colours may vary depending on monitor/screen settings, and we cannot guarantee an exact match.

2.3 Dimensions

Artwork dimensions provided on the website are approximate and supplied for guidance only.

2.4 Handmade Characteristics

Natural variations in texture, brushwork, finish, colour, and materials are inherent characteristics of original, handmade art and are not defects.

2.5 Availability

All artworks are offered subject to availability. If a piece is sold through an exhibition or physical gallery before checkout confirms, we will notify you and issue a full refund.

2.6 Certificates of Authenticity

Where applicable, original artworks and limited edition works will be supplied with a Certificate of Authenticity issued by the artist or Sui Generis Art.

3. Pricing

  • Prices are shown in two currencies: USD and ZAR.
  • Prices are subject to change without notice.
  • Taxes, custom duties, and import fees are the buyer's responsibility unless stated otherwise.
  • Shipping costs are added separately at checkout.

4. Ordering

By placing an order through the Sui Generis Art website, you are making an offer to purchase the selected artwork subject to these Terms.

4.1 Order Confirmation

An order is considered confirmed only when full payment is verified and a written order confirmation is issued by Sui Generis Art.

4.2 Availability of Artwork

If an artwork has already been sold through another channel before payment is processed, we will notify you and refund your payment in full.

4.3 Right to Decline or Cancel Orders

Sui Generis Art reserves the right to decline or cancel orders due to pricing errors, suspected fraud, transaction failure, or availability issues.

4.4 Accuracy of Customer Information

Customers are responsible for providing correct contact and delivery information. We are not responsible for delays or costs arising from incorrect information.

5. Payment

  • Accepted payment methods: PayPal and PayFast.
  • All payments are securely processed by authorised third-party providers. We do not store credit card details.

8. Damaged Artwork

Damaged shipments must be inspected upon delivery. Photographed evidence of damage must be reported within 48 hours of delivery in accordance with the returns policy. Keep all original packaging for insurance claims.

9. Copyright

All artworks displayed, exhibited, or offered for sale are protected by copyright and intellectual property laws.

  • Purchasing artwork does not transfer copyright. All rights remain with the artist or Sui Generis Art.
  • You may not reproduce, copy, scan, print, distribute, or sell reproductions of the artwork.
  • You may not use images of the artwork for commercial, editorial, or promotional purposes without written consent.
  • Website images are for consideration of purchase only. Unauthorised downloading is strictly prohibited.

10. Intellectual Property

All content published on the Sui Generis Art website (logo, layout, code, artist descriptions, copy) is the intellectual property of Sui Generis Art or its licensors. All rights reserved. Unauthorised use is prohibited and subject to legal action.

11. Artist Representations and Warranties

Artists exhibiting or displaying through Sui Generis Art warrant that:

  • The artwork is their original work and they are the sole owner.
  • The work does not infringe the rights of any third party.
  • The work is not subject to liens, theft, or legal dispute.
  • They agree to indemnify Sui Generis Art against any legal claims or damages resulting from a breach of these warranties.

12. Limitation of Liability

To the fullest extent permitted by law, Sui Generis Art shall not be liable for losses arising from the use of this website or artwork purchase, except where liability cannot be excluded.

12.1 Shipping Delays

We are not liable for transit delays caused by courier services, customs, severe weather, or force majeure events.

12.2 Technical Issues & Availability

We do not warrant uninterrupted, error-free website operation and are not liable for technical failures or site maintenance downtime.

12.3 Indirect Loss

We exclude liability for indirect, incidental, consequential, or economic losses, including lost profits.

12.4 Consumer Rights

Nothing in these Terms excludes or limits statutory consumer rights under the South African Consumer Protection Act, 2008.

13. Governing Law

These Terms and Conditions shall be governed by, and interpreted in accordance with, the laws of the Republic of South Africa.

14. Consumer Protection

Our terms are aligned with the South African Consumer Protection Act, 2008 (Act No. 68 of 2008). Any provision found to be inconsistent with mandatory legislation shall be severed, leaving the remainder of the terms intact.

15. Changes to Terms

Sui Generis Art reserves the right to update these terms at any time. The updated version takes effect immediately upon being posted on the website.

16. Certificate of Authenticity

Each original or limited edition artwork comes with a Certificate of Authenticity signed or issued by the artist where applicable.

17. Uniqueness

Original artworks are unique, one-of-a-kind physical manifestations unless explicitly stated otherwise.

18. Representation

Sui Generis Art acts as a representative and online marketplace for selected independent artists.

19. Artist Copyright

Artists retain the full copyright to their works unless a separate written assignment is made and signed by the artist.

20. Curatorial Standards

Sui Generis Art reserves the absolute right to refuse, suspend, or remove any artwork submission or representation that does not align with its curatorial standards or branding guidelines.