Terms & Conditions

Terms and conditions
Acceptance of User Agreement
Welcome to HayleyEllisArt Terms and Conditions and User Agreement.
HayleyEllisArt(the “Website”) is owned and operated by Hayley Ellis.

HayleyEllisArt Terms of Sale
These Terms of Sale apply to all offers made by HayleyEllisArt, all orders placed by you and all agreements
concluded between us in relation to the products and services offered on this website.

Return Rights
We are committed to quality products and your satisfaction is 100% guaranteed.
Please note that due to the differences between monitors and other devices and the personal settings for
brightness and contrast of individual persons the print received may not be EXACTLY what you see on your
screen, but is faithful to the colour and density of the artist’s original. In the case of very slight differences in
colour and tone between what you see on the website on your device and the print received, since we
cannot exactly match every monitor and device, we reserve the right to not replace the images in these
circumstances.

Please note, that we do not accept returns on prints based on the fact that you no longer like that particular
image. The limited edition prints are signed and numbered and cannot be returned once printed and sent to
you. Your decision to buy means that you acknowledge that the image as seen on your computer/phone/
device is the image that you have approved and wish to purchase. All the images on the website are low
resolution versions of the actual high resolution image that is used to make your print.

Pricing
Once payment is received, a confirmation email will be sent. All prices on this Website are shown in ZAR
(South African Rand) and US dollars.
Product Descriptions
We attempt to describe our products offered as accurately as possible. However, we do not warrant that
product descriptions or other content of the website are 100% accurate, complete, reliable, current or error free.

Disclaimer
We are not liable for any financial damage (including but not limited to the cost of any replacement purchase)
that may occur because of non-timely arrival or any lack of availability or conformity of the product.

Shipping
Shipping within South Africa is included in the price of the product. All items purchased globally through
HayleyEllisArt are made pursuant to a shipment contract. Title and risk of loss for all products ordered by
you shall pass to you on HayleyEllisArt’s shipment to the shipping carrier.

Delivery times and costs
Unlike most products, the cost of shipping artwork and delivery lead time may vary substantially depending
on the country of destination. Average delivery time once payment has cleared our account within South
Africa is 10 – 14 working days. For international delivery, 14 – 21 working days. Dispatch times may vary
according to availability and any guarantees or representations made as to delivery times may be subject to
delays as a result of postal or courier delays, or force majeure, for which we will not be responsible.
When ordering goods from hayleyellisart.com for global shipping, you may be subject to import duties and
taxes which are levied once the package reaches the specified destination. Any additional charges for
customs clearance must be borne by you; we have no control over these charges and cannot predict what
they may be. Customs policies vary widely from country to country, so you should contact your local customs
office for further information.

Warranty and Liability
HayleyEllisArt makes no representations or warranties of any nature whatsoever in relation to the Website
and/or Services, implied or otherwise, including any warranty that the Website or the server that makes the
Website available is free from viruses or other harmful components, or that the functions, content and
technology available from the Website are uninterrupted and/or error free. HayleyEllisArt may suspend
access to the Website without notice at any time and accepts no liability for any consequences of the
Website being unavailable for any reason.

Information, ideas and opinions expressed on this Website should not be regarded as professional advice or
the official opinion of HayleyEllisArt and you are encouraged to consult professional advice before taking any
course of action related to information, ideas or opinions expressed on this Website.

All risk and liability arising from your use of the Website vests with you and neither HayleyEllisArt nor any of
its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from
the use or inability to use this Website or the services or content provided from and through this Website,
including any harm to your computer from viruses, or damages suffered due to the Website being
unavailable for any reason. You are encouraged to report any possible malfunctions and errors to us by
contacting us. This Website is supplied on an “as is” basis, has not been compiled or supplied to meet your
individual requirements, and HayleyEllisArt is not liable for anything you find on the Website or any liability
you incur through your use of the Services. It is your sole responsibility to satisfy yourself that the service
available from and through this Website will meet your individual requirements and be compatible with your
hardware and/or software.

If HayleyEllisArt is found, despite the aforegoing disclaimers, to be liable for any reason, its liability to you or
any third party concerned (whether in contract, delict, negligence, strict liability, by statute or otherwise) is
limited to ZAR500 (five hundred South African Rand). Also, under no circumstances will HayleyEllisArt be
liable for any indirect or special damages, consequential loss, loss of profits or loss of data.

Your indemnification of HayleyEllisArt
You hereby indemnify and hold harmless each of HayleyEllisArt, its parent, subsidiaries, affiliates, officers,
directors and employees, against any and all loss, expense or damage they may suffer, or third party claims
which may be made against them, which arise (directly or indirectly) from or in relation to your conduct on the
Website or your failure to comply with this User Agreement (including the Privacy Policy), or your violation of
any law or the rights of a third party relating to your use of the Website.

Intellectual Property Rights, Trademarks and Copyright
Any and all copyright subsisting in the Website, including this User Agreement, vests in HayleyEllisArt and all
rights not expressly granted are reserved.

All the content (excluding the Artist’s Proprietary Rights as described in 10.3. of these Terms and
Conditions), trademarks and data on this Website, including but not limited to, software, databases, text,
graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to
HayleyEllisArt and as such are protected from infringement by local and international legislation and treaties.
Note that the Website may contain images, names, codes or other content that constitute the trademarks,
logos, or copyrighted material owned by other third parties and you may not copy or use same without their
permission.

You may only download, view and print content from this Website for private and non-commercial purposes.
To obtain permissions for the commercial use of any content on this Website contact us at
hayley@hayleyellisart.com for assistance. You may not make any use of any HayleyEllisArt trademarks, logos, or
trade dress without prior express and written approval by HayleyEllisArt.

HayleyEllisArt respects the intellectual property rights of others and we require our users to do the same.
We may terminate the accounts of users who appear to infringe the copyright or other intellectual property
rights of others. In appropriate circumstances and at our discretion, we may require removal of the user’s
content from our site and, if the user continues to infringe on your rights (or infringes the rights of others)
terminate the user’s access to our services.

Product availability
Works which are not available for purchase will not be added to your shopping basket. However, due to the
fact that each Work is unique there is a possibility that a Work 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 Hayleyellisart
Hayleyellisart shall not be liable, directly or indirectly, for any loss or damages of whatsoever nature suffered
by you due to the unavailability of any Works featured on the Site for any reason whatsoever.

Content and Links
HayleyEllisArt cannot screen or edit all the content available from the Website and does not accept any
liability for illegal, defamatory or obscene content, although we take the utmost care to ensure that there is
no illegal, defamatory or obscene content on the website. You are encouraged to inform HayleyEllisArt of any
content that may be offensive or illegal. Hyperlinks provided on this Website to other websites are provided
as is and HayleyEllisArt does not necessarily agree with, edit or sponsor the content on such web pages.
Since HayleyEllisArt has no control of such sites and resources, you acknowledge and agree that
HayleyEllisArt is not responsible for the availability of such sites or resources, and does not endorse and is
not responsible or liable for any content, advertising, products or other materials on or available from such
sites or resources. You further acknowledge and agree that HayleyEllisArt shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of
or reliance on any such content, goods or services available on or through any such site or resource.

Minors
There is no age limit on our Users as our Website is not an adult website. However, certain products listed
may be of an adult nature or such (some artistic nudity) that they may only legally be purchased by persons
over the age of 18 years, and HayleyEllisArt will not be liable in any way in relation to minors viewing any
adult-only product listings on the Website, or subsequently purchasing adult-only products listed on the
Website.

Privacy
HayleyEllisArt respects your privacy, takes reasonable steps to protect your personal information, and will
not disclose your personal information to third parties for marketing purposes without your consent. Please
read our Privacy Policy as to our respective rights and obligations in this regard. If you are not satisfied with
the level of privacy we provide or otherwise disagree with anything in the Privacy Policy, then you are
deemed to not accept this User Agreement and you should not register for a User Account or otherwise use
the Website.

Security
Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain
unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in
the event that HayleyEllisArt suffers any damage or loss.
You allow HayleyEllisArt to take all reasonable steps to ensure the integrity and security of the Website and
back-office applications.

Governing Law and Jurisdiction
This Website is hosted in South Africa. It is controlled and operated from the Republic of South Africa and
therefore governed by South African law and, subject to the ‘Disputes’ clause of this User Agreement, you
and HayleyEllisArt submit to the non-exclusive jurisdiction of the South African courts.

Disputes
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of
any nature whatsoever arising between you and HayleyEllisArt on any matter provided for in, or arising out of
this User Agreement or your use of the Website, then such a dispute shall be submitted to confidential
arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration
proceedings shall be conducted in Cape Town in English.

PACKAGING & CRATING
We try to reduce, reuse and recycle as much of our packaging as possible to decrease our impact on the
environment.
Artworks to be delivered internationally will either be packaged in a postal tube.

19. Domicile
HayleyEllisArt chooses as its domicilium citandi et executandi (ie its address) for all purposes under this User
Agreement, whether in respect of court process, notice, or other documents or communication of whatsoever
nature, the following address: 35 Bowden Road, Observatory, Cape Town

20. Electronic Communications
When you visit the Website or send emails to HayleyEllisArt, you consent to receiving communications from
HayleyEllisArt electronically and agree that all agreements, notices, disclosures and other communications
sent by HayleyEllisArt satisfy any legal requirements, including but not limited to the requirement that such
communications should be “in writing”.

21. Information
As required by the Electronic Communications and Transactions Act, HayleyEllisArt’s information is as
follows:
Full name: HayleyEllisArt
Main business: Supplying Art Work
Address: Bowden Road, Observatory, Cape Town, South Africa
Website: www.Hayleyellisart.com
Official email address: wishes.e@gmail.com

Privacy Policy
Hayleyellisart.com recognizes and respects the importance of maintaining the privacy of its customer.