Terms & Conditions

Insight Gallery terms and conditions:

By using and/or accessing our platforms, you agree to be bound to our terms.

SECTION A: GENERAL INFORMATION AND TERMS

GENERAL INFORMATION

INSIGHT ENTERPRISES (PTY) LTD (registration number: 2023/140890/07) is a company registered in the Republic of South Africa.

“We” and “us” and “our” and “IG” refer to Insight Gallery INSIGHT ENTERPRISES (PTY) LTD
We are a Private Company incorporated in accordance with the laws of the Republic of South Africa

Our address and contact details are:

Postal Address: Sandton, Johannesburg, South Africa.
Physical Address: Sandton, Johannesburg, South Africa.
Contact: Tel: +27 73 086 0273| | Email: info@insightgallery.co.za

DETAILED DESCRIPTION OF GOODS AND/OR SERVICES

INSIGHT ENTERPRISES (PTY) LTD, herein referred to as IG, is a business in the art industry that sources, markets and sells art and sterling silver jewellery.

USE OF THIS WEBSITE

You may not access this site for any purpose other than for utilizing the services offered on it in the normal manner. You may not access our site for the purposes of redistributing or otherwise using any of our content for your own business purposes unless you are expressly licensed thereto by us in writing. You may not use your access to this site in a manner that would bring us, our business and/or any of our affiliates into disrepute.

Furthermore, you may not access this site for unlawful purposes or use it in a manner which infringes our rights or the rights of any other person or restricts or inhibits the use of or enjoyment of this site by any other person. In this regard, you must comply with the laws, regulations and codes of conduct applicable to your use of this site. You may not post or transfer any material to our website that is unlawful or violates any third party’s rights or which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system. We may remove any content you have submitted to this site and/or suspend your access to any part of this site at any time without notice.

We do not usually monitor, edit, control or filter the content submitted to this site by our users. Such content, including as may be found in blogs, forums, chat groups, comment sections and bulletin boards, do not represent our views and we have not authorized or endorsed such content.

INTELLECTUAL PROPERTY

Unless clearly stated otherwise, we are either licensed to use or own all the content which appears on this website. This includes logo’s, trademarks and copyright material. You are in no way allowed to use intellectual property belonging to us or our licensors unless written consent has been obtained from us.

FILES AND CONTENT PROVIDED

We grant you permission to use content which is expressly stated to be available for download on the IG website. The downloading and use of content contained on this website is done at your sole discretion. You should independently verify the completeness and reliability of information provided on or via this site.

It is the responsibility of the user to scan the documents for viruses or other faults and defects. Should there be any damage to your computer or software arising from use of and/or downloading data from this website, it is at the user’s risk and responsibility to repair as IG cannot guarantee that any file obtained from this website is free from viruses. You are responsible for implementing suitable protection mechanisms to prevent such harm from occurring.

For your convenience, we may include links to other sites on the Internet that are owned or operated by third parties. When linking to such a site, you do so at your own risk. The inclusion of any link on this website does not imply that we endorse the linked site. Please contact the relevant website proprietor if you have a complaint about the activities or contents of a third-party website.

Access to our website is provided to you free of charge. Reliance on and use of our website, content and services are therefore at your own risk. In no event will we be liable to you for any loss or damage of any kind in contract, delict (including negligence), statute or otherwise arising in connection with your reliance on or use of this site or the content or service provided, save to the extent that such liability cannot be excluded by applicable law or the contrary is expressly stated.

You may be required to choose a user name and a password when registering with us or using some of our services. You are responsible for keeping your user name and password secret. You will be required to enter your username and password every time you want to use one of our subscription services. You accept that you will be personally liable for all transactions concluded on your account.

We have to protect our business and secure our systems. Consequently, you should note that we may monitor and keep records of any communication that you may send to or receive via our website and we may use, publish and disclose such communications for any lawful purpose. This may include our filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of unlawful or otherwise undesirable material or content.

SECTION B: ORDERING TERMS

Once you have duly subscribed to our ordering services, you may submit orders to us by completing our standard online order form and submitting it to us in the prescribed manner. Our website ordering process will provide you with an opportunity to review the entire transaction, to correct any mistakes and to withdraw from the transaction before finally submitting your order.

ORDERING

Once submitted, your order will constitute an offer on the terms and conditions contained in these terms that is open for acceptance by us to conclude a binding agreement with you. No conflicting terms or conditions incorporated by you in your order will form part of any agreement concluded between us. Upon receipt of your order, we will try to acknowledge your order via email to the address stated in your order. Acknowledgement of the order does not constitute acceptance of your order and no contract will come into being as a result thereof.

PRODUCTS AND PRODUCT DESCRIPTIONS

The main characteristics of all products offered via this website are contained on the website. We try to ensure that all products that appear on this website are displayed and described completely and accurately. Kindly notify us immediately if you become aware of any omissions or inaccuracies pertaining to such display and description.

The supply of products (including pursuant to any special promotion) displayed or made available via this website depends upon the availability thereof. We may without prior notice discontinue the availability or change the description of Products or special promotions that are displayed on or made available via this website. Special promotions may be subject to certain additional terms and conditions which will be clearly set out.

AVAILABILITY

While we endeavour to ensure that our website is normally available 24 hours a day, we shall not be liable if, for any reason, our website is unavailable at any time or for any period.

Access to our website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

PRICING

All prices displayed on this website are in South African Rand. All prices quoted include Value Added Tax (VAT), currently at 15%, unless indicated otherwise. However, please note that the prices will change for customers with a delivery address outside the Republic of South Africa. Once an address outside South Africa has been captured on the website, VAT inclusive prices will be adjusted to exclude Value Added Tax (VAT). Any other duties and taxes will be charged to you by the shipping agent responsible for the delivery of your purchases. We reserve the right to vary prices with respect to any products offered on the website at any time, without notice. All prices indicated as applying to products on this website will be exclusive of delivery fees which will be separately charged to you in respect of all deliveries in accordance with the specified rates.

PAYMENT

We will not be obliged to deliver any products to you prior to receiving full payment of the full agreed purchase price payable for such products. You will be required to provide the necessary payment account details (such as credit card details) and to authorize payment of the amounts payable for the products ordered when submitting your order. By submitting an order to us, you authorise us to debit your designated account with the relevant amounts due for the products ordered. Such authorization will allow us to obtain payment at any time after our acceptance of your order, although such acceptance may be prior to our delivery of such products. Should we be unable to duly effect such payment for any reason your order may be cancelled. You warrant that you are duly authorised to make payments from the account designated by you. You also authorise us to pay all amounts to be refunded to you into such account.

ACCEPTANCE

Once we have assessed your order we will send a notice to you indicating our acceptance or rejection of your order. Such notice will be sent to you by electronic mail to the address specified in your order. A legally binding contract will be formed between us upon the earlier of (i) our sending of such a notice accepting your order to you, or (ii) our delivery to you of any of the products ordered. We reserve the right to refuse any order placed by you and will notify you by electronic mail if this is the case.

Please note that while we will try to send to you an acknowledgement and notice of acceptance or rejection for every valid order we receive from you, we cannot guarantee that such acknowledgements and notices will be received by you, nor that, if they are received by you, that they will be legible and uncorrupted. Your failure to receive such acknowledgement or notice will not affect the validity of the agreement concluded between us in respect of an order.

If you do not receive a confirmation notice after submitting your order, or if you experience an error message or service interruption after submitting your order, you should confirm with us via email at info@insightgallery.co.za or telephone at +27 (0) 23 626 5364 whether or not your order has been received and processed. Only you may be aware of any problems that may have occurred during the ordering process. It is your responsibility to ascertain if we received your order.

The information you have submitted with your order will be processed as you have provided it. If you realise that an error has been made or that you need to make a change to such information, you should contact us via telephone at +27 (0) 23 626 5364 immediately. Please remember that no refunds are possible for losses resulting from such error. You will also be responsible for any additional expenses resulting from such an error.

A complete record of your order will be sent to the email address you provide to us during the ordering process. You should retain such record. We will also retain records of completed orders previously placed by you via this site for a period of at least 6 (six) months, but they will not be available on this site. For access and information on such records you can contact us via email at info@insightgallery.co.za or telephone at +27 (0) 23 626 5364.

DELIVERY POLICY

We only deliver products within certain designated areas. If your specified delivery address does not fall within these areas we will not be able to deliver the applicable products ordered to you. Unless a delay in delivery is agreed between us in writing, you agree that delivery of all products ordered may commence immediately.

If your specified delivery address is within our designated delivery areas, we will endeavour to deliver products within a reasonable time of your order. Delivery will usually occur on business days during our business hours and we will endeavour to arrange such delivery with you in advance. All such arranged times are estimates only and you should not rely on such times. As we make use of third parties for deliveries, we will not be liable for failing to deliver at the pre-arranged time.

You agree to accept delivery and make payment for the ordered products actually delivered to you, notwithstanding that we are unable for any reason to deliver to you all of the products ordered. We will notify you if we are unable to deliver any products ordered as soon as we become aware thereof and in such case we will fully refund you the purchase price paid for such undelivered items within 30 days of such notice.

We are entitled to assume that anyone other than yourself who receives delivery of the products at the specified delivery address is authorised to accept delivery on your behalf.

We are entitled to charge additional delivery fees for failed deliveries to the specified delivery address if nobody is present to accept delivery at a prearranged time.

RISK AND TITLE

Risk in the products ordered shall pass to you upon delivery to you or upon delivery at the specified delivery address to anyone accepting delivery on your behalf. Ownership and title in the products purchased by you shall remain with us until they are delivered to you and payment for such products has been received in full at which time they shall pass to you.

CANCELLATIONS, RETURNS & REFUNDS

Once an order has been placed and payment has been made, it is considered final and non-refundable. In the case of any deposits paid to IG, said deposits will be forfeited in the case of cancellation. We will provide accurate product descriptions and images, ensuring the highest quality and state of condition for our products. Please carefully review all product details and specifications before making a purchase. We will not be held responsible for any damages that occur after delivery.

LIABILITY

In no event will our aggregate liability for the claims arising in connection with any order exceed the purchase price actually received from you pursuant to such order for the products supplied thereunder giving rise to the claims, irrespective of the cause of action (whether in contract, statute or delict, including for negligence), save to the extent that such liability cannot be excluded by law.

We will not be liable for any indirect, special or consequential losses of any kind whatsoever arising in connection with your use of this website, including with respect to any order or any services provided by us (whether in contract, statute or delict, including for negligence), save to the extent that such liability cannot be excluded by law.

Our Platforms, Products and Services are supplied on an “as is” basis and have not been compiled or supplied to meet any user’s individual requirements. It is your sole responsibility to satisfy yourself prior to entering into this agreement with us that the Products and Services available on or through our Platforms will meet your individual requirements.

YOUR PRIVACY AND PERSONAL INFORMATION

We will be entitled to take whatever action we may deem necessary and reasonable to preserve the security and reliability of our website.

You may not use our website in any manner which may compromise the security of our network or any other network connected to our network.

We take reasonable steps to secure your payment information. We use a payment system that is in our reasonably opinion sufficiently secure with reference to accepted technological standards and the type of the transaction concerned.

IG will deal with your personal information in accordance with the provisions of our Privacy Policy. (POPI ACT)

COMMUNICATIONS

You agree that IG may from time to time send you communications regarding new services or products launched or special offers or discounts which IG may negotiate for and offer to its users or subscribers. All communications will abide by our Privacy Policy and applicable law. You will always be entitled to notify us in writing that you do not wish to receive or continue to receive such communications.

SECTION C: COMPETITIONS

Unless expressly stated otherwise these terms will apply to all competitions offered on this website. In the event of conflict between these terms and the rules applicable to any specific competition, the specific competition’s rules will prevail. Specific competition rules will be made available on this website. The competition offer will set out at least the following:

The prizes on offer
The steps required to participate
The basis for determining the winners
The closing date
How the winners will be made known
Where, when and from whom prizes are to be claimed
The address of the web pages where the competition rules and these terms can be obtained

All competitions offered on this website will be open to residents of South Africa only unless expressly stated otherwise. We may also stipulate additional entry criteria for entrants to a competition (e.g. a minimum age) and any entrant failing to comply with such criteria may be refused entry.

Anyone working for us or any entity in our group or for the supplier of the prizes for the relevant competition (including any director, employee, contractor, agent or consultant) and any person with more than 5% shareholding in any of our group entities, or for any of our advertising, media or public relations agencies are prohibited from entering any competitions offered on this website. The closing date for any competition will be as stated. The judges cannot accept responsibility for late entries.

We will be entitled to all rights, title and interest in all entries submitted, including all intellectual property rights. Entrants must do all things necessary, including the execution of any requisite documentation to transfer such rights to us, as and when requested.

Any entrant may be required to submit proof of age. If you are not yet 18, you will be required to obtain your parents’ or legal guardians’ advance authorisation, permission and consent to participating in a competition or any of the related activities. If you fail to obtain such consent, you may not participate in the competition or the related activities.

The judge’s decision will be final. We will not enter into correspondence.

All entrants’ information will be used only in accordance with our Privacy Policy. Where entry by SMS is applicable, SMS’s are charged. Standard rates apply. Free rates do not apply. Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification. We reserve the right not to award a prize in any situation where it would be unlawful to do so.
Multiple winners may be subject to tie-break to decide an outright winner. We may re-allot prizes if we are unable to contact selected winners. Please ensure that you provide the correct contact details. Your name and place of residence may be published when winners are announced. Winners may be requested to be photographed for publicity purposes or to participate in a radio or television broadcast or other marketing activity.

No fees will be payable in this regard. Participation in any such marketing activity is voluntary and may be declined. No cash alternative is available to any prize unless expressly stated otherwise. Prizes are non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-allotted.

If any prize offered becomes unavailable for reasons outside of our control, we reserve the right to select an alternative prize of equivalent type and value.

We accept no responsibility for any incorrect or incomplete registration details that you may supply as part of your registration. No responsibility will be accepted for undelivered, lost or delayed entries. Proof of sending is not proof of receipt. Errors in entries may, in the judges’ discretion, void entries.

You enter our competitions at your own discretion and risk. We, our affiliates, competition partner/s and their respective shareholders, employees, officers and representatives shall not be liable in any way whatsoever for any loss, damage, injury or costs, howsoever arising, suffered as a result of your participation in a competition, save to the extent that such liability may not be excluded under applicable law.

SECTION D: GENERAL

COUNTRY OF DOMICILE

These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa. The courts of the Republic of South Africa shall have exclusive jurisdiction to determine any dispute connected with or arising from the use of this website or any orders placed with us.

VARIATION

IG may, in its sole discretion, change these terms or any part thereof at any time without notice. Your use of this website, including ordering of any products via this website constitutes your acceptance of these terms.

WAIVER

Our failure to enforce any provision of this agreement strictly will not be construed as a waiver of any provision or right. If any of these terms or conditions are held by a court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, then such terms or conditions will be regarded as severable and will not affect the validity of the remaining terms and conditions which will continue to be valid and enforceable to the fullest extent permitted by law.

ENTIRE AGREEMENT

These terms of use and the terms incorporated herein by reference and the relevant terms implied herein by applicable law constitute the entire agreement between you and us with respect to this site, the services offered here and any products and services acquired through this site. These terms of use shall override any contrary terms or conditions incorporated by you in your communications with us and any such conflicting terms or conditions will not form part of the agreement concluded between us.

ASSIGNMENT

You may not subcontract, cede, delegate, transfer or assign any of your rights, obligations or duties hereunder to any other person without our prior written consent. We may cede, delegate, transfer and assign our rights, obligations and duties hereunder to any other person.

FORCE MAJEURE

We will be excused from a failure to perform or delay in performance of our obligations hereunder if and to the extent that circumstances outside our reasonable control prevent or delay such performance.

CUSTOMER SERVICE

Please contact IG should you have any questions, suggestions or comments. IG appreciates your patronage and will strive to provide you with exceptional service.