Terms and Conditions
1. Definitions
• “Buyer” refers to the person or company purchasing an artwork from the Seller.
• “Seller” means Gary Streak Art (GSA).
• “Terms” are the conditions referred to in this document and any other conditions that are committed to writing and agreed upon by both parties.
2. Application of terms
• These terms apply to all purchases from the Seller and replace any other terms, unless otherwise agreed in writing.
• A binding agreement begins when the Buyer accepts the Seller’s final quotation of the total cost of the goods to be purchased, including (when applicable) shipping and delivery to an address outside of the borders of South Africa specified by the Buyer.
• The cost or any artwork is governed by prices listed on the Seller's website or provided in writing.
• All and any payments agreed and due must be made in full, with no deductions or counterclaims.
3. Copyright
• Unless stated otherwise, the copyright in all artwork remains vested with Gary Streak trading as the sole proprietor of GSA. In accordance with international law, this copyright applies even after purchase and payment in full.
4. Guarantee
• GSA provides a guarantee that the artwork supplied will match its description upon delivery. Other guarantees (such as the suitability for any specific use) are excluded.
5. Shipping, packaging and delivery
• Delivery destinations:
- Provided full and final settlement of all payments due can be confirmed, shipping and delivery of artwork can be carried out to an address in any destination in the world, subject to confirmation that the country concerned enjoys normal international trading conditions.
• Stock availability:
- Artwork that is in stock will be dispatched within 48 hours if the applicable terms and conditions as described in this document are addressed and confirmed.
- If the artwork is on exhibit at an external venue or not immediately accessible from existing stock, the Buyer will be kept informed of its availability for delivery, which will take place in the shortest possible time.
• Shipping costs:
- International buyers must take responsibility for paying in full for the cost of shipping and delivery. To enable this condition to be successfully addressed, international buyers must complete a shipping form: Shipping Form.
- FREE shipping applies to Buyers within the borders of South Africa.
• Shipping timeline:
- Delivery typically takes 4 – 7 working days. This timeframe is subject to confirmation.
- When applicable, the Buyer will be provided with a tracking number in order to help ensure that the goods can be received at an appropriate time.
• Packaging:
- Paintings on stretched canvas are removed from their frames and shipped rolled in a tube.
- Large paintings are subject to a detailed quotation based on the specified dimensions of the art piece and any packaging conditions that may or may not need to be applied by the shipping agent concerned.
• Handling fee:
- Included in all shipping costs quoted.
• Taxes & duties:
- These will vary, based on the country of destination and the Buyer carries ultimate responsibility for the management for taxes and duties according to the laws that may apply.
- GSA will liaise with the shipping agent concerned to establish what may need to be taken account and included in the final shipping costs or what may need to be paid by the Buyer on receipt of delivery.
6. Ownership & risk
• Any artwork delivery must be signed for upon arrival at the specified address.
• Any issues, such as visual or physical damage to the goods, must be reported within 48 hours by the Buyer to the delivery company concerned according to details provided on the delivery note supplied.
• The Buyer must retain all original packaging and also contact GSA immediately to enable support for any claim that is established as being valid.
7. Dispute resolution
• If a dispute arises, both parties must agree to instituting a formal request to enter into an arbitration process according to South African and international arbitration law governing such disputes.