Copyright & Purchase Terms
MG Photocreations – COPYRIGHT NOTICE AND TERMS AND CONDITIONS OF PURCHASE
1. Copyright Notice
The content of this website, including but not limited to all trademarks, articles, photographs, drawings, graphics, logos, images, cinematographic films, video clips and text, are the intellectual property of Gerhard and or Marthie Human and may not be reproduced, adapted, distributed, sold, published, stored, broadcast, modified, transmitted or recorded in any way without prior written consent from the seller, which consent can be obtained via email from email@example.com. Any unauthorised reproduction, storage, sale, adaptation, distribution, publication, broadcasting, modification, transmission or recording of the content of this website or any part thereof, including digital images or image prints purchased through the website, will constitute copyright infringement under South African and International Law, International Copyright Law, Berne Convention and WTO Trips Agreement apply
2. Terms and conditions of purchase
2.1 – All transactions, whether payment is made online or otherwise, will be regarded as having been concluded within the boundaries of the Republic of South Africa and will be regulated by and be subject to the exclusive application of South African law.
2.2 – Payment of all purchases will be made online through PayFast (www.PayFast.co.za) or by Electronic Funds Transfer (EFT) and all goods will only be shipped once payment has been completed and verified by PayPal or the seller’s nominated bank.
2.3 – All goods will be securely packaged by the seller or his appointed agent in a manner reasonably suitable and fit for international or local shipment, as the case may be.
2.4 – All goods will be shipped by a reputable and registered local or international courier, as the case may be, within 10 (TEN) business days after payment by the purchaser has been confirmed and verified.
2.5 – Once the goods have been shipped, the seller will provide the purchaser with a tracking number, as obtained from the courier, by email, to enable the purchaser to track progress of the shipment.
2.6 – Proof of delivery signed by or on behalf of any purchaser and provided by the courier, will constitute conclusive proof of delivery of all goods and the fact that it have been delivered undamaged and in accordance with the specifications of the order placed by the purchaser.
2.7 – The risk of loss or damage to and in all goods will immediately pass to the purchaser upon the acceptance by the purchaser of the goods from the courier.
2.8 – If the goods are damaged in any manner whilst in transit and in the possession of the courier, the purchaser will inform the courier accordingly upon taking delivery of the goods and will make the necessary endorsement on the delivery note, stating the nature and extent of the damage to or defect in the goods. The seller will replace the goods free of charge if and when the damaged goods are received back from the purchaser. The aforementioned is conditional upon the purchaser has made the endorsement on the delivery note as aforesaid, incurring all expenses for the return of the damaged goods by a registered and reputable local or international courier and upon the damaged goods being received back by the seller within 30 (THIRTY) business days from date of delivery of the goods to the purchaser by the courier.
2.9 – After a dispute has been resolved and by negotiation, the seller will refund the purchaser via PayFast or EFT the negotiated price and original postage and packaging within 10 (TEN) business days of the goods having been received back by the seller from the purchaser as mentioned hereinafter. The aforementioned is conditional upon the purchaser incurring all expenses for the return of the goods, without being entitled to any refund for such expenses, by a registered and reputable local or international courier, as the case may be and upon the goods being received back by the seller within 30 (THIRTY) business days from date of delivery of the goods to the purchaser.
2.10 – The purchaser will be liable for the payment of all import taxes, duties, value-added tax (VAT), or any other fees of whatsoever nature, and agrees to pay such taxes, duties, VAT or other fees directly to the relevant institution when requested to do so on or before delivery.
2.11 – The failure by the purchaser to pay the required import taxes, duties, VAT or other fees, for whatsoever reason, or to accept delivery of the goods for whatsoever reason, will not entitle the purchaser to a refund of the purchase price and postage fees or any portion thereof.
2.12 – The purchaser agrees to ensure that the necessary arrangements have been made to accept delivery at any time after the purchase has been made.
2.13 – The purchaser indemnifies and holds the seller harmless against any claim that may be brought against the seller in consequence of such goods being defective and causing any damage whatsoever to any other person, entity or thing, whether through accident or negligence, gross negligence or any other cause whatsoever.
2.14 – No refunds will be given for incorrect orders or orders erroneously placed.
2.15 – Should the purchaser not select the correct shipping destination (local or international) when requested to do so when making a purchase, the seller will not be obliged to refund any portion of incorrectly added postage and packaging fees to the purchaser, or to deliver the goods to the purchaser before the required postage and packaging fees have been paid, as the case may be. However, should international postage and packaging fees be incorrectly added and paid for on any local (within the boundaries of South Africa) order, the seller will refund the purchaser such postage and packaging fees within a reasonable time and after confirmation of payment by and delivery of the goods to the purchaser.
2.16 – These terms and conditions, together with the details and specifications of the order placed by the purchaser and all other information and specifications as appearing on the website (www.mgphotocreations.co.za) contain the entire agreement between the parties and any other terms thereof, whether express or implied, are excluded here from and any variations, cancellations or additions to the terms and conditions, including this clause, will be of no force or effect unless reduced to writing and signed by both the seller and the purchaser or their duly authorised signatories.
2.17 – All legal proceedings arising from or as a result of any transaction must be instituted in the Republic of South Africa, in accordance with clause 2.1 above.
2.18 – These terms and conditions only apply to purchases made through the website (www.mgphotocreations.co.za). Purchases of any goods through third party websites (for example the Open Edition Prints from Digital Gallery), will be subject to these third-party websites’ terms and conditions.
2.19 – By effecting payment through PayFast or EFT the purchaser confirms that he, she or its duly authorized representative has read these terms and conditions, together with the further information in respect of any sales which can be found and read on the website (www.mgphotocreations.co.za), understands and appreciates the contents thereof, and regards himself, herself or it legally bound hereby
2.20 – The purchaser confirms that he, she or its duly authorised representative understands that the physical print may differ in appearance from the digital image viewed on a device, desktop or laptop due to the brightness of the screens and backlighting.
2.21 – These terms and conditions are subject to change