This website is operated by Gallery Naidoo (Pty) Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Gallery Naidoo (Pty) Ltd. Gallery Naidoo provides this website, including all information, tools and services available on this site, to you, the user, subject to your acceptance of all the terms, conditions, policies and notices stated herein.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including any additional terms and conditions and policies referenced herein and/or made available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who browse the site, vendors, customers, merchants and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any of our Services.
Any new features or tools added to the current online store shall also be subject to these Terms of Service. You may review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms of Service, you confirm that you are at least 18 years old or that you have obtained the necessary consent for any minor dependants to use this site, where applicable.
You may not use our products for any illegal or unauthorised purpose, nor may you copy our designs or brand elements while using the Service.
You must not transmit any worms, viruses or any other code of a destructive nature.
Any breach or violation of these Terms of Service may result in the immediate termination of your access to our Services.
We reserve the right to refuse service to anyone, for any reason, at any time, subject to applicable law.
You understand that your content, excluding credit card information, may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, the use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms of Service.
We are not responsible if information made available on this site is inaccurate, incomplete or outdated. The material on this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more up-to-date sources of information. Any reliance on the material on this site is at your own risk.
This site may contain historical information. Such information is not necessarily current and is provided for reference purposes only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service, or any part or content thereof, at any time without notice, subject to applicable law.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service, except to the extent that liability cannot lawfully be excluded.
Certain products or Services may be available exclusively online through our website. These products or Services may be available in limited quantities and are subject to return or exchange only in accordance with our Returns and Exchanges Policy and applicable law.
We make every effort to display the colours and images of our products as accurately as possible. However, we cannot guarantee that the display of any colour on your device will accurately reflect the actual colour of the product.
We reserve the right, but are not obligated, to limit the sale of our products or Services to any person, geographic region or jurisdiction, subject to applicable law. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or Services that we offer.
All product descriptions and prices are subject to change at any time without notice, subject to applicable law. We reserve the right to discontinue any product at any time. Any offer for a product or Service made on this site is void where prohibited by law.
We do not warrant that the quality of any products, Services, information or other material purchased or obtained by you will meet your expectations, except as required by applicable law.
We reserve the right to refuse any order you place with us, subject to applicable law. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, using the same credit card, and/or using the same billing or shipping address.
If we make a change to or cancel an order, we may attempt to notify you by contacting you at the email address, billing address or telephone number provided when the order was placed.
We reserve the right to limit or prohibit orders that, in our reasonable judgement, appear to have been placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as necessary.
For more details, please review our Returns and Exchanges Policy.
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without warranties, representations or conditions of any kind and without any endorsement. To the fullest extent permitted by applicable law, we shall have no liability arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and accept the terms on which these tools are provided by the relevant third-party providers.
We may, in the future, offer new Services and/or features through the website, including the release of new tools and resources. Such new features and/or Services shall also be subject to these Terms of Service.
Certain content, products and Services available through our Service may include materials from third parties.
Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such websites. We do not warrant, and shall not be liable or responsible for, any third-party materials or websites, or for any other materials, products or Services provided by third parties, except as required by applicable law.
We shall not be liable for any harm or damages arising from the purchase or use of goods, Services, resources, content or other transactions made in connection with third-party websites, except to the extent that liability cannot lawfully be excluded.
Please review the relevant third party’s policies and practices carefully and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the relevant third party.
If, at our request, you send specific submissions, such as competition entries, or if you send creative ideas, suggestions, proposals, plans or other materials without a request from us, whether online, by email, by post or otherwise (collectively, “Comments”), you agree that we may, subject to applicable law, edit, copy, publish, distribute, translate and otherwise use those Comments in any medium.
We are under no obligation to (1) maintain any Comments in confidence; (2) pay compensation for any Comments; or (3) respond to any Comments, subject to applicable law and any separate agreement between us.
We may, but are not obligated to, monitor, edit or remove content that we determine, in our reasonable discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.
You agree that your Comments will not violate any rights of third parties, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or any computer virus or other malware that could affect the operation of the Service or any related website.
You may not use a false email address, impersonate another person or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for the Comments you make and their accuracy. We take no responsibility for, and assume no liability for, Comments posted by you or any third party, except to the extent that liability cannot lawfully be excluded.
Your submission of personal information through our store is governed by our Privacy Policy.
Occasionally, information on our site or within the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.
We reserve the right to correct any errors, inaccuracies or omissions and to update information or cancel orders if any information in the Service or on any related website is inaccurate, including after you have submitted your order, subject to applicable law and any rights you may have as a consumer.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law. No specified update or refresh date displayed on the Service or any related website should be taken to indicate that all information has been modified or updated.
In addition to the other prohibitions set out in these Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any applicable national, provincial, local or international laws, regulations or rules;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Service, any related website, other websites or the Internet;
(h) to collect or track the personal information of others without lawful authority;
(i) to spam, phish, pharm, pretext, spider, crawl or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service, any related website, other websites or the Internet.
We reserve the right to suspend or terminate your use of the Service or any related website if you violate these prohibited uses, subject to applicable law.
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results obtained from the use of the Service will be accurate or reliable.
From time to time, we may suspend the Service for indefinite periods or discontinue the Service, subject to applicable law.
You expressly agree that your use of, or inability to use, the Service is at your own risk, subject to any rights and protections provided by applicable law.
The Service and all products and Services delivered to you through the Service are provided on an “as is” and “as available” basis, except as expressly stated by us or required by applicable law. To the fullest extent permitted by law, we disclaim all representations, warranties and conditions, whether express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
To the fullest extent permitted by applicable law, Gallery Naidoo (Pty) Ltd and its directors, employees, affiliates, suppliers, service providers and licensors shall not be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based in contract, delict (including negligence), strict liability or otherwise, arising from your use of the Service or any products procured through the Service, or from any other claim related in any way to your use of the Service or any product.
This includes, without limitation, errors or omissions in any content, or any loss or damage incurred as a result of the use of the Service or any content or product posted, transmitted or otherwise made available through the Service, even if we have been advised of the possibility of such damages.
Nothing in these Terms of Service excludes or limits any liability, warranty, consumer right or other protection that cannot lawfully be excluded or limited under applicable South African law.
To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Gallery Naidoo (Pty) Ltd and, where applicable, its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees against any claim or demand, including reasonable legal fees, arising from your breach of these Terms of Service or any documents incorporated by reference, or your violation of any applicable law or the rights of a third party.
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall remain enforceable to the fullest extent permitted by applicable law. Any unenforceable portion shall be deemed severed from these Terms of Service, and that determination shall not affect the validity or enforceability of the remaining provisions.
Any obligations and liabilities incurred by the parties before the termination date shall survive the termination of this agreement for all purposes for which they are intended to survive.
These Terms of Service remain effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by ceasing to use our site, subject to any outstanding obligations and applicable law.
If, in our reasonable judgement, you fail to comply with any term or provision of these Terms of Service, or we reasonably suspect such a failure, we may terminate this agreement or suspend or deny you access to our Services, or any part thereof, subject to applicable law.
Any termination shall not affect your liability for amounts lawfully due up to and including the date of termination.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this website or in respect of the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including any prior versions of the Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall be interpreted in accordance with applicable law.
These Terms of Service and any separate agreements under which we provide you with Services shall be governed by and construed in accordance with the laws of the Republic of South Africa.
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website, subject to applicable law. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of changes to these Terms of Service constitutes acceptance of those changes, to the extent permitted by applicable law.
Questions about these Terms of Service should be sent to us at admin@gallerynaidoo.com