These conditions exist to prevent misunderstandings - please read them carefully
Welcome, and thanks for using the www.magdasart.com website! When you use any of Magda's Art services, you're agreeing to the terms and conditions contained on this page, so please take a few minutes to read over the Terms and Conditions below.
When subscribing to the Newsletter or buying any artwork from this site, you promise that you are eligible to enter into this legally binding Agreement.
I am Magda de Lange, a contemporary artist. I create and display original works of art here. I make some artwork available for sale and offer my clients the option of having a commissioned work of art created especially for them.
You agree that by accessing any services on www.magdasart.com, you are entering into a legally binding agreement (even if you are using our Services on behalf of a company).
When subscribed to the Newsletter, you're okay with Magda's Art using email to provide you with important notices. If the contact information you provide isn't up to date, you may miss out on these notices.
You agree that we may provide notices to you in the following ways:
- A banner notice on the home page at www.magdasart.com, or
- An email sent to an address if you chose to provide one.
Registered subscribers to the Newsletter are “Members” and unregistered users are “Visitors”. This Agreement applies to both.
If you reside outside South Africa, your purchase is subject to foreign exchange rates and fees.
I accept PayFast and Electronic Fund Transfers as payment. When ordering a work of art, I will email you an invoice with details required for the EFT as well as a PayFast button. When paying by EFT, please check your invoice carefully for instructions about proof of payment required to ensure I can link your payment to the invoice. This will speed up the delivery process.
When buying an artwork, the artwork will be shipped once full payment is received and cleared. When ordering a commissioned work of art, no work will be done or materials bought before 50% of the agreed price is paid and cleared. The completed work will also only be shipped once the full balance is paid and cleared.
International shipping cost is included. I will ship your artwork to you using UPS, FedEx or Biddulphs, but reserve to use any shipping I choose to use. I will ensure, however, that the package is tracked to ensure you receive your artwork quickly and safely.
- Send me an email with your photos and instructions. I will then send you a quote.
- I require a 50% deposit on all orders, which can be paid through PayFast or EFT. Details for payment would be found on your quote. I send receipts and commence with work as soon as deposit payment is cleared.
- As work progresses, I send all my customers Work-in-Progress images and only once the final artwork is approved, the remaining balance becomes payable.
- Once this final payment is cleared, I ship out the completed artwork.
If you consider asking for a refund, please first contact me to inform me of the reason for it.
If the artwork is damaged when it arrives, then you can of course return it for an exchange or refund. Please check the package on arrival before signing for it. If the packaging was damaged on delivery, you will have to note that when signing in order to qualify for a full refund.
Normally I do not accept refunds, but if you feel you have to ask for a refund you are welcome to contact me and we can discuss the matter.
When you contact me about a return, and we agree that I will do a refund, I will let you know how to ship it back to me. Please allow 14 days from the date returned goods are delivered back to me for a refund to be processed.
All the images, text and artworks contained on www.magdasart.com is the exclusive property of Magda de Lange.
You may not use our website for any purposes related to marketing without our express written consent.
You may not:
- Republish material from this website (including republication on another website) - sharing using only the share buttons allowed here is, however encouraged.
- Sell, rent or sub-license material from this website.
- Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose.
- Edit or otherwise modify any material on the website.
- Redistribute material from this website - newsletters, however may be distributed as is.
All parties involved shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mind set.
Any dispute, which cannot be resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in South Africa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels.
This Agreement will be governed by and construed in accordance with the laws of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with South African law by a South African court having jurisdiction.
The terms of this Section will survive any termination of this Agreement.