SKETCHED OUT (Louise Nienaber T/A Sketched Out).
This website is operated by Sketched Out. Throughout the site, the terms “we”, “us” and “our” refer to Sketched Out. The artworks (“Art”) and products offered by/through the Sketched Out website (“Site”), as well as all information, tools and services available on this site to you, the user, is conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing artwork from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions 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.
Sketched Out reserves the right to refuse service to anyone for any reason at any time.
The Site and its content, including but not limited to the Site Images and Artworks, may not be copied, modified, reproduced, republished, posted, transmitted, transferred or sold, displayed, or in any way exploited, in whole or in part, except as is expressly permitted by Sketched Out.
In using the Site you agree not to use any information or material in any manner that infringes any copyright, trademark patent or other proprietary right of any party;
You cannot use the Site in any manner that could damage, disable, overburden or impair the Website or interfere with any other party’s use and enjoyment of the Site;
You agree not to attempt to gain unauthorized access to any of the services, other accounts, computer systems or networks connected to the Site through hacking, password mining or any other means.
You understand that your content (not including credit card information), may be transferred un-encrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ONLINE STORE TERMS
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your consent to allow any of your minor dependents to use this site.
If you are under 18 years of age you agree that you have had your parents or legal guardians’ permission to send any information to us about yourself or anyone else over the internet.
Sketched Out makes no representations or warranties to the effect that the contents of this Site are suitable for people under the age of 18.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION AND ART WORKS
You agree that the images of the Art displayed on the Site are guidelines only.
Sketched Out has taken reasonable care to ensure that the Works are presented as accurately as possible and will accept no responsibility for differences between the Site Images and the actual Artworks.
We have made every effort to display as accurately as possible the colors and images of the art that appears at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information 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 timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference 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.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Sketched Out reserves the right to modify or withdraw, temporarily or permanently, the Site (or any part of thereof) with or without notice to you and you hereby agree that Sketched out shall not be liable to you or any third party for any modification to or withdrawal of the Site.
PRODUCTS OR SERVICES
The artwork on Sketched Out is available exclusively online through the website. Each art piece is unique and as such has limited quantities. And are subject to return or exchange only according to our Returns Policy.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
INTELLECTUAL PROPERTY RIGHTS
All content included on the Site such as text, images, graphics, button icons, images, audio clips, databases, software, and names, images, and logos or marks identifying Sketched Out and/or any third party is the property of Sketched Out or its content suppliers and protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Sketched Out and is protected by the Republic of South Africa and international copyright laws.
The Artists represented on the Site have granted a licence to SketchedOut.co.za for all images uploaded to be available for use in support of marketing and promoting the Site.
Sketched Out hereby grants you permission to electronically copy and print portions of the Site for the sole purpose of placing an order for an artwork with sketchedout.co.za. Unless otherwise explicitly stated by us, the copyright of any Art remains with the originating artist.
All Art is owned solely by the relevant Artists and are subject to South African and international copyright laws. The Artist warrants that he/she has the title to and owns the Artworks represented to be owned by him on the Site.
The sale of the copyright in the art is a separate transaction and not part of the sale of the Art unless otherwise agreed in writing between yourself and the Artist.
Any misuse of the content on the Site, including without limitation, reproduction for purposes, modification, distribution or republication of any part of such materials without the prior written permission of Sketched Out, is strictly prohibited.
Nothing contained in these Terms and Conditions shall be construed as conferring upon you, expressly or by implication, any licence or right to use any trademark, patent, design right or copyright owned by Sketched Out, the Artist or any third party.
Artworks which are not available for purchase will not be added to your shopping basket. However, due to the fact that each artwork is unique there is a possibility that a piece of Art that has been checked out may be unavailable for purchase. For this reason payment is only requested once the checkout process is complete and your order has been confirmed by Sketched Out.
Sketched Out shall not be liable, directly or indirectly, for any loss or damages of whatsoever nature suffered by you due to the unavailability of any Art featured on the Site for any reason whatsoever.
ACCURACY OF BILLING AN ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. 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, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail address provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
When you click to make a purchase, your right to a refund of monies charged to your credit card or paid in any other way agreed by us, is limited by Sketchout.co.za’s Purchase Process. You are directed not to make any purchase through this Website unless you understand and agree to the Purchase Process. Once payment is made for the purchase, it is deemed that you have read, understood and agreed to the Purchase Process.
Sketched Out is not a speed service. Please allow 7 – 14 days for delivery. For full details please read or Delivery Policy.
RIGHT TO CANCEL
You have a cooling off period of 7 days after the date on which you have received the Art to cancel the Contract and return the Works via insured shipping at your cost and receive a full refund of the purchase price. For full details on the Returns Policy please read the Returns Process. The right to cancel this Contract will not apply in respect of Personalised Works or Works made to your specification (commissioned artwork).
On the Sketched Out website, we may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever 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 and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, 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 and Conditions.
THIRD PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SUBMISSIONS, USER COMMENTS AND FEEDBACK
If, at our request, you send certain specific submissions (for example works of art or contest entries) or without a request from us you send creative ideas, artworks, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, courier or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use (in any medium) any comments, artworks or ideas that you forward to us.
Artists who send us their artwork do so with the specific intention of having Sketched Out market, sell and distribute their work. Artists should only submit their work to Sketched Out at our request and once they have completed the relevant waivers and documentation. Invalid submissions shall not be returned unless courier/ return delivery fees have been paid.
Should comments, ideas and suggestions be submitted to us, Sketched Out is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms and Conditions, 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 international, federal, provincial or state regulations, rules, laws, or local ordinances; (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 based on 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 will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (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 or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES: LIMITATION OF LIABILITY
The Site and its content are provided “as is” without warranty of any kind, either expressed or implied. Without limiting the generality of this clause, the following warranties are expressly excluded: merchantability or fitness of the art works for any particular purpose; compatibility of the Site with your technology, equipment or software; compliance with any law; uninterrupted or error free functionality of the Site; correction of defects; and non-infringement of any rights.
Whilst Sketched Out has taken reasonable measures to ensure the integrity of the Site and its content, no warranty, whether express or implied, is given that any files, downloads or applications available via the Website are free of viruses, Trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of your system.
You agree that Sketched Out does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
While Sketched Out makes every effort to ensure that the information and material on the Site is accurate, we make no representations or warranties as to the accuracy or reliability of any information provided on the Site. You acknowledge that any reliance on representations and warranties provided by any Artist shall be at your own risk.
In no case shall Sketched Out, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some countries or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Sketched Out and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa save that sketchedout.co.za has the right, in its sole discretion, to commence and pursue proceedings in alternative jurisdictions. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa (Cape of Good Hope Provincial Division) in respect of any disputes arising in connection with the use of the Site.
CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. 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 any changes to these Terms and Conditions constitutes acceptance of those changes.
Email us if you have any questions about these Terms and Conditions.