It is essential to understand that selling a painting only transfers ownership of the physical artwork itself, not the copyright associated with it. When the “Artist” sells their physical artwork, the copyright does not transfer to the buyer. The copyright remains with the “Artist” of the work, but the terms and conditions may differ based on factors such as licensing agreements, which specifically outline the rights being transferred when selling a copyright. A licensing agreement for artwork is a contractual arrangement in which the “Artist” grants permission to a client, foundation, or company to use their work by issuing them a license to promote or endorse a particular brand. Additionally, under licensing agreements, the “Artist” is entitled to receive royalties, such as the Resale royalty. This arrangement ensures that the artist receives a percentage of the sale price whenever their eligible artworks are commercially resold or rebranded. This includes scenarios such as using art for NFTs, games, advertising, or branding purposes.

Ownership of the artwork(s) will transfer to the Purchaser only upon full receipt of the Sales Invoice total by cleared funds, and the Purchaser shall be responsible for the artwork(s), with risk passing to the Purchaser, who must make appropriate arrangements to ensure the artwork(s) during this time.

Artwork(s) will be stored free of charge for sixty days; after this period, any artwork(s) not shipped or paid for will incur storage charges for which the Purchaser will be liable. The Gallery will send the Purchaser a reminder four weeks after the Sales Invoice has been issued if the artwork(s) have not been shipped or paid, detailing the expected storage charges. Storage charges will be calculated at $7.50 per cubic meter per week, equivalent to $30.00 per calendar month.

Artwork(s) will not be released to the Purchaser until the Gallery has received the full Purchase Price in cleared funds and the Purchaser has settled any storage costs due under Clause 10 above.

The Purchaser is responsible for all associated crating and shipping costs unless otherwise agreed in writing between the Gallery and the Purchaser.

The Gallery is VAT registered.

In the case of an export sale where the Purchaser arranges their own export or export clearance, the Purchaser must provide proof of export (“POE”) to the Gallery within one month of the Invoice date. If the Purchaser fails to provide satisfactory POE, the Gallery is entitled to charge the Purchaser RSA VAT of 15% on the Purchase Price.

The gallery may utilize personal information provided by the Purchaser and the Purchase Price to meet its obligations to the Purchaser and for administrative purposes. The Gallery may disclose such information to its affiliated companies as needed to fulfill its responsibilities to the Purchaser with third parties (e.g., shippers). The Gallery may also share the Purchase Price, the identity of the Purchaser, and the Purchaser’s location with the Artist. For all these purposes, the Purchaser agrees to the Gallery transferring such information to countries outside the South African Area, where the applicable laws may not safeguard personal data to the same extent as the RSA.17. The Purchaser agrees to inform the Gallery of any future donation or sale of the Work(s) to an institution for provenance purposes, in accordance with the resale rules specified on the Sales Invoice.18. Should the buyer fail to adhere to the resale rules outlined online, they will promptly indemnify the gallery for an amount equivalent to the difference between (i) the selling price of comparable artworks in pristine condition by the artist at the most recent public auctions and (ii) the price paid for the acquisition of such artwork(s).

In the case of the Purchaser cancelling a sale, refunds may be provided at the gallery’s discretion in the form of gallery credit, with the only exceptions being a commission that does not comply with the terms of the Commission Agreement or artwork(s) that are damaged beyond reasonable repair.

There are no refunds or returns on art or sculptures. After a purchase is made, customers cannot return art for an exchange or refund.

If the artwork is damaged, the artist is prepared to repair it for an extra fee, but the client is responsible for the courier or freight charges.

The Gallery reserves the right to cancel any sales at its discretion if any of the terms of sale are not met.

The sale contract of the artwork(s) and any contractual or non-contractual disputes or claims arising from or related to the sale shall be governed by the laws of South Africa. For claims against the Artist and the Gallery, the courts of South Africa will have exclusive jurisdiction to resolve all disputes arising under or related to the sale, although the Artist and the Gallery retain the right to initiate proceedings in any other court of competent jurisdiction, whether within or outside of South Africa.