Osner Gallery Terms and Conditions for Purchasing Fine Art Online

Terms and Conditions

Welcome to Osner Gallery!

These terms and conditions outline the rules and regulations for the use of Osner Art Gallery's Website, located at https://osnergallery.com.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use Osner Gallery if you do not agree to take all of the terms and conditions stated on this page.

Online Store:

Osner Gallery – www.osnergallery.com
Effective Date: [01.012018]

Welcome to the Osner Gallery online shop. By placing an order through this website, you agree to the following terms and conditions. Please read them carefully.

Our Products

The Osner Gallery offers original artworks, limited-edition prints, and mixed media pieces by Martin Osner, Samantha Lee Osner, and selected featured artists. Each piece is carefully created and described as accurately as possible. Limited editions are accompanied by a certificate of authenticity where applicable.

Pricing and Payment

All prices are listed in South African Rand (ZAR).
We accept the following payment methods:
• Visa, MasterCard, and American Express (via Stripe secure gateway)
• Local South African bank EFT (Electronic Funds Transfer)
• PayPal
• International EFT by prior arrangement

Orders must be paid in full before production, processing, or shipment can begin.

Shipping and Delivery

We offer both local and international shipping. Shipping costs are calculated at checkout.
Delivery timeframes vary depending on destination and courier service.
You will receive a tracking link once your order is dispatched.
For special shipping or framing requests, please contact us prior to placing your order.

Copyright and Use

All artworks and images on this website remain the intellectual property of the respective artists. No content may be reproduced, copied, or used without written permission.

Privacy

We respect your privacy. Personal information collected during checkout is used solely to process and deliver your order. We do not share your information with third parties.

Contact Us

For any enquiries or assistance:
📧 Email: [email protected]
📞 Phone: +27 21 790 6494
📍 Address: 14 Luisa Way, Hout Bay, Cape Town, Western Cape, South Africa, 7806

Changes to These Terms

We reserve the right to update these terms at any time. The current version will always be available on this page.

Return and Refund Policy

At Osner Gallery, we take great pride in the quality of our artwork and the level of care we put into every order. Each piece is either custom-made or part of a limited edition, and we strive to ensure that it reaches you in perfect condition. Your satisfaction is of the utmost importance to us.

Damaged or Incorrect Orders

All shipments are carefully packaged, and for larger consignments, we insure the delivery with trusted couriers to guard against breakage or loss. However, if your item arrives damaged or you receive the incorrect order, please get in touch with us within three days of delivery. Please email us at [email protected] with photographs of the item and its packaging so we can assess the situation and arrange a prompt replacement or refund.

Change of Mind or Dissatisfaction

If, for any reason, you are not completely happy with your purchase, please notify us within 7 days of delivery. We will be glad to arrange for the artwork to be returned. Once we receive the item back in its original condition and packaging, we will issue a full refund via the original payment method.
Please note: Return postage is at the buyer’s cost unless the return is due to damage or our error.

Return Eligibility

To be eligible for a return:

• The artwork must be in the same condition you received it.

• It must be returned in its original packaging.

• Proof of purchase (receipt or order confirmation) is required.

How to Initiate a Return

To request a return, please email [email protected]. If the return is approved, we will provide:

• A return shipping label (if applicable)

• Full instructions on how and where to send the item
  Please do not return items without contacting us first. Unauthorised returns will not be accepted.

Refund Process

Once your return is received and inspected, we will notify you of the approval status. If approved, your refund will be processed promptly and automatically returned to your original payment method. Please allow time for your bank or credit card provider to process and reflect the refund.

Questions or Assistance

We’re here to help. For any return-related queries or concerns, feel free to contact us at [email protected].

General Conditions:

Cookies:

The website uses cookies to help personalize your online experience. By accessing Osner Gallery, you agree to use the required cookies.

A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You can accept or decline optional Cookies. Some required Cookies are necessary for the operation of our website. These cookies do not need your consent, as they always work. Please note that by accepting required Cookies, you also accept third-party Cookies, which may be used via third-party services if you use such services on our website. For example, this includes a video display window supplied by third parties and integrated into our website.

License:

Unless otherwise stated, Osner Art Gallery and/or its licensors own the intellectual property rights for all material on Osner Gallery. All intellectual property rights are reserved. You may access this from Osner Gallery for your own personal use, subject to restrictions set in these terms and conditions.

You must not:

• Copy or republish material from Osner Gallery

• Sell, rent, or sub-license material from Osner Gallery

• Reproduce, duplicate or copy material from the Osner Gallery

• Redistribute content from Osner Gallery

This Agreement shall begin on the date hereof.

Certain areas of this website offer users the opportunity to post and exchange opinions and information. Osner Art Gallery does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of Osner Art Gallery, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Osner Art Gallery shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Osner Art Gallery reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or cause a breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

• The Comments do not invade any intellectual property right, including without limitation, copyright, patent, or trademark of any third party;

• The Comments do not contain any defamatory, libellous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.

• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Osner Art Gallery a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any forms, formats, or media.

Hyperlinking to our Content:

The following organizations may link to our Website without prior written approval:

• Government agencies;

• Search engines;

• News organizations;

• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses and

• System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups, which may not hyperlink to our Web site.

These organizations may link to our home page, to publications, or other Website information so long as the link (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

• Commonly-known consumer and/or business information sources;

• Dot.com community sites;

• Associations or other groups representing charities;

• Online directory distributors;

• Internet portals;

• Accounting, law, and consulting firms; and

• Educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavourably to ourselves or our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Osner Art Gallery; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Osner Art Gallery. Please include your name, your organization name, and contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name or

• By use of the uniform resource locator being linked to; or

• Use any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of Osner Art Gallery's logo or other artwork will be allowed for linking absent a trademark license agreement.

Content Liability:

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene, or criminal or which infringes, otherwise violates, or advocates the infringement or other violation of any third-party rights.

Reservation of Rights:

We reserve the right to request that you remove all links or any particular link to our Website. You approve to remove all links to our Website upon request immediately. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website:

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to do so or to respond to you directly.

We do not ensure that the information on this website is correct. We do not warrant the completeness or accuracy of this information, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer:

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• Limit or exclude our or your liability for death or personal injury;

• Limit or exclude our or your liability for fraud or fraudulent misrepresentation;

• Limit any of our or your liabilities in any way that is not permitted under applicable law or

• Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer (a) are subject to the preceding paragraph and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.