Terms & Conditions

These terms and conditions apply to the use of this website, and by accessing, registering or placing an order you agree to be bound by the Terms and Conditions as set out below. If you do not agree to be bound by these terms then you may not use this website. We reserve the right to:

  • modify or withdraw the website with or without prior notice and we shall not be liable to you or any third party for any change made
  • change our terms and conditions at any time. Any changes made will take effect from the date indicated at the top of this page. It is your responsibility to be aware of the updated version whenever you use the website.

 

BRUSH & CANVAS ONLINE is completely committed to your total satisfaction. If you have any suggestions or comments, please email us or visit in store.

Our contact details:

Email: brushandcanvas@ibox.co.za

Stores:

Brush & Canvas, Belvedere Square, Belvedere Road, CLAREMONT 7708

Telephone 021 674 3022

The Art Shop, 13 Mitchell Street, HERMANUS 7200

Telephone 028 312 3901

VAT registration number 4550232864

 

Our legal obligations and limits on our liability

Brush & Canvas does not represent that its website or any content, service or feature of the website will be error free, or that it will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality.

 Brush & Canvas does not give any warranty, express or implied, in relation to the operation of the website. 

We are not responsible for losses and damages that you might suffer which are:

  • Not caused by our breach of these online Terms and Conditions
  • A side effect of the main loss or damage and which is not reasonably foreseeable by you and us when you begin to use the Brush & Canvas website (for example loss of profits or loss of opportunity)
  • A result of our failure to provide the Brush & Canvas website
  • A result of your user name and password being used by someone else or any unauthorised access to your personal information (unless this is due to our negligence)
  • Caused by a distributed denial-of-service attack, virus or other technologically harmful material that may affect your computer equipment, programs, data or other material due to your use of the Brush & Canvas website

You are encouraged to report any performance failures or errors to brushandcanvas@ibox.co.za. These Online Terms and Conditions do not affect your statutory rights, including your rights under any applicable consumer law, that cannot be altered by contract. 

Content on the Brush & Canvas website

All content on the Brush & Canvas website, such as information, text, pictures, photographs, graphics, interfaces, and the design, structure and arrangement of the content, belongs to Brush & Canvas and/or a third party or is licensed to Brush & Canvas and/or a third party and is protected by law.  You may not copy, reproduce, upload or post any of the content on the website without prior written permission from Brush & Canvas.

Links to and from other third party websites

You may link to our home page provided that you do so in a fair and legal way and not in a way that may damage or takes advantage of our reputation or that suggests any form of association, approval or endorsement on our part.  You may not frame the Brush & Canvas website nor may you create a link to any part of the website other than from the home page unless you have written permission (which we may withdraw at any time).

The Brush & Canvas website may include links to websites operated by third parties. Brush & Canvas is not responsible for the content of those sites, and accepts no responsibility for them or any loss or damage that may arise from your use of them.  The links to third party websites from the Brush & Canvas website do not imply any responsibility for, or endorsement of, the content, opinions, representations, products or services provided on those sites.  You are responsible for complying with the terms of use of any linked third party websites. 

Termination

If you do not comply with these Online Terms and Conditions when accessing or otherwise using the Brush & Canvas website, Brush & Canvas has the right to suspend your access to the website temporarily or permanently without notice to you. 

Sales in South Africa only

We are currently only able to deliver products available from the Brush & Canvas online store to users with a valid delivery address in South Africa. If customers place an order on the Brush & Canvas website without a valid delivery address in South Africa, we will be unable to complete delivery and will refund the full amount of the order.

Age

By using the Brush & Canvas website, you are representing that you are above the age of 18 years or, if you are below the age of 18 years, that you have the permission of your parent or guardian to use the Brush & Canvas website and to buy  products through the online store.

Billing and personal information

In order to buy products through the Brush & Canvas website, you will need to register an online customer account with Brush & Canvas.  For this purpose you will need to provide certain personal and billing information that will enable Brush & Canvas to charge you for your purchases (such as your credit or debit card details).  You must provide accurate and complete registration information when you register your online customer account.  

You must ensure that your registration information is kept up-to-date. 

 This information will be used and retained in accordance with the Brush & Canvas Privacy Policy, and which forms part of these Online Terms and Conditions.  By using this website, you accept that transactions performed over the Internet may be vulnerable to being intercepted. 

Brush & Canvas will not be liable for any interception that occurs or for any loss that is suffered as a result, where Brush & Canvas has taken reasonable steps to prevent this happening.

When you set up your online customer account you will choose a user name and password in order to login to your account.  You are responsible for keeping your details confidential.  You should notify Brush & Canvas immediately if there is any unauthorized use of or access to your online customer account. Brush & Canvas are not responsible for any unauthorized use of your user name and password, or for any losses that you suffer as a result.  You are also responsible for any purchases made using your online customer account, where you have failed to keep your user name and password secure and confidential. You may be held responsible for any losses suffered by Brush & Canvas as a result of your failure to keep your user name and password secure and confidential. 

Order process

When you place an order for a product on the Brush & Canvas website, your order will be subject to product availability.  If there is insufficient stock to fulfil your order, Brush & Canvas has the right to cancel your order, or any part of your order and refund the purchase price. Alternatively to offer you a substitute product provided you have indicated, during the order process, that you are willing to receive such a substitute product.  In the event of a refund, Brush & Canvas will refund the purchase price based on the original payment method.

You will also be notified if there is insufficient stock to fulfill your order. If we are unable to supply each and every item ordered or in the quantities ordered, you may nevertheless agree to accept delivery and make payment for the items that are delivered to you. 

Before the transaction is completed, you will have the opportunity to review, correct and/or withdraw your order.  If you discover that you have made a mistake with your order after you have submitted it to the Brush & Canvas online store, please contact brushandcanvas@ibox.co.za  immediately.  However, we cannot guarantee that we will be able to amend your order in accordance with your instruction.  Once your order has been placed online, you will receive an email confirmation of your order. Your offer to purchase products from Brush & Canvas online store will be deemed to be accepted once you have received the email confirmation. 

Delivery Policy

Brush & Canvas Delivery Policy can be accessed at  www.brushandcanvas.co.za,  and is incorporated by reference into these Online Terms and Conditions. If there is any conflict between these Online Terms and Conditions and the Brush & Canvas Delivery Policy, these Online Terms and Conditions will apply in respect of all products sold through the Brush & Canvas online store.

Returns Policy

Brush & Canvas Returns Policy can be accessed at www.brushandcanvas.co.za  and is incorporated by reference into these Online Terms and Conditions.  If there is any conflict between these Online Terms and Conditions and the Brush & Canvas Returns Policy, these Online Terms and Conditions will apply in respect of all products sold through the Brush & Canvas online store.

General

We reserve the right to make changes to these Online Terms and Conditions from time to time, and will give customers reasonable notice of any material changes.  By continuing to use the Brush & Canvas website, you accept the version of the Online Terms and Conditions current at the time of your use.  We recommend that you check this page for updates from time to time. 

These Online Terms and Conditions are governed by the laws of South Africa, regardless of conflict of law principles. If any part of these Online Terms and Conditions is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

Record of your transaction

If you need to obtain a sales record of your transaction with the Brush & Canvas online store, you can email such request to brushandcanvas@ibox.co.za.  Nevertheless, a complete record of every sale and related transaction between you and the Brush & Canvas online store, will be maintained on the website for your access for a period of 12 months following the date of the purchase.  You will be able to view and print the records of your transaction/s during this period, after which time, you will be responsible for retaining your own record of the relevant transaction.

Queries, complaints and notices

We pride ourselves on excellent customer service, and aim to offer an unrivaled shopping experience. We understand that occasionally we all make purchases that are not perfect, which is we offer try to make life as easy as possible.

Should you not be entirely happy with your purchase, you can address any questions, complaints or concerns to brushandcanvas@ibox.co.za.  We will contact you on receipt of your email and attend to your query promptly.

In the event of a service complaint, it will help us if you can describe the substance of your complaint in detail, and where applicable, send us a copy of your order or the order number.  Should you not have received any reaction from us within 5 3 business days, please make further enquiries.  In rare cases, your emails may have been caught up in our spam filters or not reached us, or correspondence that we send to you may for whatever reason not have reached you.

Any legal notices that you give Brush & Canvas online store under this contract must be sent to brushandcanvas@ibox.co.za . Where Brush & Canvas needs to give you any notice as provided for in this contract, or provide additional information about the products ordered by you, we will do so by sending you an email.  You consent to Brush & Canvas providing you with notices or information in this way.