TERMS & CONDITIONS

SITE CONTENTS

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by BarryDownardFineArt.com collectively, and its subsidiaries and/or affiliates. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by BarryDownardFineArt.com

The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

PRICING AND PRODUCT INFORMATION

Every effort is made to ensure the accuracy of pricing and product information. Instances may arise in which a product(s) are priced incorrectly on the website or where the product information supplied is inaccurate. BarryDownardFineArt.com will not be held bound by the incorrect price(s) in cases where such error(s) occur. Due to fluctuations in exchange rates and consequent variances , as well as the occurence of periodic supplier price increases, BarryDownardFineArt.com cannot guarantee that the price at which an item is backordered will be the price at which the goods will be sold once stock has landed in South Africa. In such instances BarryDownardFineArt.com will either refund the customer the price paid or charge the difference in price to the customer should the customer still wish to purchase the product(s). BarryDownardFineArt.com will not be held responsible for errors in the product information supplied, however, should a customer purchase a product that has been incorrectly described, the customer may elect to cancel the sale and return the product for a refund.

DELIVERY POLICY

We process orders within 24 hours of receipt, and ship Monday through Friday from our premises; we do our best to get your shipment out in the most timely fashion possible. When your order ships, we will notify you by email and include the shipper information and a tracking number so you can track the shipment online. If there is any delay for any reason, we will notify you within 24 hours of receiving your order by email to the address provided at the time of the order.

RETURNS AND EXCHANGES

BarryDownardFineArt.com allows for returns in accordance with the provisions of section 20(2)(a) to (d) of the Consumer Protection Act 68 of 2008.

All product returns and exchanges require a return authorisation number (RA number) and proof of purchase. Simply contact customer service for your RA number/form, and shipping address.

We strongly recommend that you use registered mail for all refund and exchange items as BarryDownardFineArt.com assumes no responsibility for lost items.

Allow 2 weeks for faulty claims to be fully processed.

30 Day unconditional exchange or refund:

If for any reason you are not happy with any items purchased, BarryDownardFineArt.com will happily exchange or refund the item within 30 days from the date of purchase, without question, provided;

you have proof of purchase (receipt, credit statement or invoice);

the products are returned in their original packaging with all labels and instruction manuals included, unused, unopened and undamaged;

the product you are returning is currently ranged by us;

you return the product within 30 days of purchasing it from us; and

you bear all costs, such as shipping and insurance, related to the return of the product to us.

Allow 2 weeks for exchanges and refunds.

Return Process/Instructions

Contact us and complete the Warranty or Exchange/Refund form.

Customer service will then issue a RA number (return authorisation number) and shipping address.

Pack all items securely in a carton (or reuse the original packaging). Please ensure that all boxed items are securely enclosed in a satchel as we are not able to accept them if damaged.

Send the product with proof of purchase and completed return authorisation form to BarryDownardFineArt.com

*proof of purchase – only products purchased directly from BarryDownardFineArt.com can be processed. Purchases made at a store or another online vendor, must be processed by them.

Stock Availability / Order Cancellations

Stock of all goods on offer are limited. BarryDownardFineArt.com shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, BarryDownardFineArt.com shall only be liable to refund monies where it is unable to fulfil orders at advertised prices. Where goods are advertised as having an estimated delivery time, or are on backorder, BarryDownardFineArt.com is not responsible for delays on these estimates. These estimates are merely guidelines and may shift with stock availability and supplier scheduling.

PRIVACY POLICY

BarryDownardFineArt.com is committed to protecting the privacy of any personal information it obtains. This privacy policy explains how your personal information will be treated as you access and interact with the BarryDownardFineArt.com website. Personal information is information about you that identifies you or information by which your identity can reasonably be determined. This policy concerns personal information which you provide to BarryDownardFineArt.com when you communicate with us through the website and information we collect from you when you access the website.

Information Collected By Us

When you access the website, you can browse the website without revealing your identity . In order to improve our website, we may use “cookies” to track your visit. A cookie is a small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It cannot be executed as code or deliver viruses. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. Although the website is viewable even if you disable the cookie function on your browser, if you disable cookies, some advanced and customised features or offerings may not be available to you.

This information does not identify you personally and will not be matched with any information which does identify you personally. BarryDownardFineArt.com does not use cookies to track your personal information.

Personal Information Volunteered By You

There may, from time to time, be places where we give you the opportunity to volunteer your personal information. We collect personally identifiable information that you volunteer to us (such as your name, mailing address, e-mail address, phone number, age, gender, hobbies, family information and/or similar demographic information), when you subscribe to, or create an account with, the website, enter a competition through the website, register to receive email updates, request a catalogue, place an order (if applicable) or voluntarily register on the website. Often this additional information is optional or requested anonymously in connection with a survey. Registration may also be required to participate in certain message boards, or make comments on information on contained within the website.

What Do We Do With Collected Information?

We use information you provide to fulfil your requests and improve the website, our products and services. We may, from time to time, produce reports for advertisers, sponsors and vendors containing anonymous, aggregate information about our users and subscribers, such as demographic, age and online usage information. This information allows us to provide content and offers that are most relevant to our subscribers and users We do not include any personally identifiable information of our users in these reports.

We also use personal information so that we may display or send custom, personalized content to the website visitors and send newsletters, mail, e-mails, features, promotional material, surveys and other updates, information or offers to our users and subscribers.

Data Security

Safeguards will be maintained to protect personal information against unauthorised access, alteration, destruction, use or disclosure and against accidental loss. Any personal information that you submit to our website is held with the strictest confidence. BarryDownardFineArt.com uses and implements industry standards for the security and protection of information collected from its users. Once your personal information comes into BarryDownardFineArt.com possession, we will take all reasonable steps to protect that information as described.

Contact Details

If you have any questions or feedback about privacy, wish to request a change to the information you have previously provided, or who wish to make a complaint, please contact us.

FINANCIAL INFORMATION

BarryDownardFineArt.com use PayFast (www.payfast.co.za) as the financial portal to process all on-line payments from our Web site.

Extract from Payfast security policy

“PayFast is committed to keeping you and your information secure. We have a multitude of checks in place to protect both buyers and sellers from fraudulent transactions. We use Extended Validation SSL with 256-bit encryption. Only two of the four major South African banks use this, the highest, level of encryption currently available. 3D Secure is in place for all credit card transactions over R1000. All sensitive info is encrypted within our own database. We run penetration testing on our system on a weekly basis to look for vulnerabilities. We are only required to do it once every three months, but we run it every week. Our entire site, blog and help site are served off secure servers, making it harder to perpetrate phishing attacks.

We also have an excellent monitoring system that does, among other things: GEO IP tracking, velocity testing, BIN/IIN validation and checks against online databases.”

HOW IT WORKS

Extended Level SSL with 256-bit encryption by thawte.com

All sensitive info is tightly encrypted within our own database.

We run weekly penetration testing on our system to look for vulnerabilities.

Our entire site, blog and help site are served off secure servers.

GEO IP tracking: find out where global purchases are made from.

BIN/IIN validation: finding which bank in what country issued the credit card.

Checks against online databases.

Daily manual review to look for suspicious transactions.

3D SECURE

3D Secure is an extra layer of security in using your credit card for online transactions. For online transactions over R1000 you’ll be asked to enter your 3D Secure password (different from the PIN), which is called Verified by Visa and MasterCard SecureCode by the respective credit card companies.

You have to register for 3D Secure with your card issuing bank, and can be set up either as a password of your choice or a one-time-password that will be sent to you by email/SMS. For more information please go to www.paygate.co.za

REFUNDS

BarryDownardFineArt.com will only issue refunds as per the method of payment originally utilized by the customer.

Credit card refunds

We are able to reverse transactions on our payment gateway system. The refund will only reflect on the credit card used and no other method is allowed. Refunds will be processed within 3 working days.

Bank Transfer (EFT) refunds

Once an email with the order number, full banking details and request for refund is received, it may take up to 5 working days for the refund to be processed by our accounts department. Please send request for refund emails to BarryDownardFineArt.com. If a refund forms part of a return, then the terms applicable to returns apply as well.

Data Security

Safeguards will be maintained to protect personal information against unauthorised access, alteration, destruction, use or disclosure and against accidental loss. Any personal information that you submit to our website is held with the strictest confidence. BarryDownardFineArt.com uses and implements industry standards for the security and protection of information collected from its users. Once your personal information comes into BarryDownardFineArt.com possession, we will take all reasonable steps to protect that information as described.

Governing Law

BarryDownardFineArt.com is registered and operates out of the Republic of South Africa. The law governing these terms and conditions is the law of the Republic of South Africa.

ECT Compliance

The ECT Act states that when we offer goods or services by way of certain electronic transactions the following must be made available:

· Full name: Barry Downard

· Main business: Photographer

· Address for receipt of legal service: Oak Cottage, Dargle Valley KZN

· Office bearers: Barry Downard

· Webmaster: webmaster@ BarryDownardFineArt.com

· Website: BarryDownardFineArt.com

· Official email address: sales@ BarryDownardFineArt.com

PROATIA

The manual published in terms of section 51 of the Promotion of Access to Information Act No 2 of 2000 may be downloaded from: http://www.acts.co.za/promotion_of_access_to_information_act_2000.htm

A copy of the Consumers Protection Act may be downloaded from http://www.thedti.gov.za/publications.jsp?year=2010%3C&subthemeid=

GENERAL

We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to our Site from time to time.

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to BarryDownardFineArt.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain BarryDownardFineArt.com property. Such disclosure, submission or offer of any Comments shall constitute an assignment to BarryDownardFineArt.com of all worldwide rights, titles a BarryDownardFineArt.com nd interests in all copyrights and other intellectual properties in the Comments. Thus BarryDownardFineArt.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. BarryDownardFineArt.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

You agree that BarryDownardFineArt.com may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that BarryDownardFineArt.com may use your information for marketing and promotional purposes.

BarryDownardFineArt.com

COMMUNICATIONS TO YOU

You agree that BarryDownardFineArt.com may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of BarryDownardFineArt.com products or services, or for such other purpose(s) as BarryDownardFineArt.com deems appropriate.

LINKS TO OTHER WEB SITES AND SERVICES

To the extent that this Site contains links to outside services and resources, the availability and content of which BarryDownardFineArt.com does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

DISCLAIMER

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT BarryDownardFineArt.com YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT BarryDownardFineArt.com SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

INACCURACY DISCLAIMER

From time to time there may be information on FCS South Africa that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your online purchase you may return it by mail. Please see our Return Policy.

INDEMNIFICATION

You agree to defend, indemnify and hold BarryDownardFineArt.com harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.

TERMINATION

This Agreement is effective unless and until terminated by either you or BarryDownardFineArt.com You may terminate this Agreement at any time. BarryDownardFineArt.com also may terminate this Agreement at any time and BarryDownardFineArt.com may do so immediately without notice, and accordingly deny you access to the Site, if in BarryDownardFineArt.com sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or BarryDownardFineArt.com you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

SHIPPING AND DELIVERY

Does someone need to be there when the product is delivered? YES

Orders will not be delivered to an unattended address or a PO Box. As such we recommend using a work address.

When using a work address, make sure you clearly include the name of the business.

If no one is available to sign for the order a card will be left and the order will be re-directed to the nearest depot. You are then responsible for collecting the parcel.

Tracking order:

Will be provided

Delivery times:

Delivery times vary depending on your location but generally allow 10 days business days from receipt of dispatch confirmation. Whilst we will endeavour to have your product delivered earlier, please allow 10 days to be sure.

Do you ship internationally?

Yes