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Terms & Conditions

​Last Updated: March 2026
Website: annskyart.com
Owner: Ann O
Jurisdiction: South Africa

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1. Introduction

Welcome to Annsky Art. These Terms & Conditions ("Terms") govern your use of this website and any purchases made through it. By accessing or using this website, you agree to be bound by these Terms as well as all applicable South African laws and regulations. If you do not agree with any part of these Terms, you should discontinue use of the website immediately.

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2. Artwork Description & Authenticity

2.1 Handmade Nature of Artwork

All artworks sold on this website are original, hand-created pieces. Natural artistic variations, textures, and minor imperfections form part of the creative process and are not considered defects. Colour differences may occur due to screen displays.

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2.2 Certificate of Authenticity

Every original artwork purchased from the artist is guaranteed to be authentic, created by the artist personally. You may request a digital or printed authenticity note for personal records; however, authenticity is inherently guaranteed as part of the Terms of Sale.

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3. Intellectual Property & Copyright

All artworks, images, website content, and branding are the exclusive property of the artist.

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You may not, under any circumstances:

  • Reproduce or print these artworks or images.

  • Use images of artworks for commercial purposes.

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Purchasing an original artwork does not transfer copyright. However you may share photographs of artworks online for personal use provided proper credit is given to the artist.

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4. Pricing & Payment

Payments are accepted via:

  • PayFast

  • Electronic Funds Transfer (EFT)

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Full payment is required upfront to secure an order. Orders are only processed once payment has cleared.

The artist reserves the right to correct pricing errors or cancel an order if required.

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5. Final Sale & Limited Return Exception

All sales of original artworks are final. The artist does not accept returns, exchanges, or refunds except in the limited circumstance set out below. If an artwork arrives with a frame that has been damaged during transit, the Purchaser must notify the artist in writing within 48 hours of delivery.

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The Purchaser must provide:

  • Clear photographs of the damaged frame;

  • Photographs of the external packaging; and

  • The original proof of delivery.

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Failure to provide notice and supporting documentation within 48 hours may result in the claim being declined.

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Where return is authorised by the artist:

  • The Purchaser is responsible for arranging return shipment using a trackable courier service and secure, adequate packaging.

  • Return shipping costs will be reimbursed only if the damage claim is verified and approved.

  • A refund will be processed only once the artwork has been received by Ann and inspected.

  • Refunds will only be issued if the artwork is returned in the same condition in which it was sold, excluding the transit-related frame damage reported.

The artist reserves the right to repair or replace the damaged frame instead of issuing a refund where reasonably possible.

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5.1 Imperfections

Because each artwork is handmade:

  • Natural variations, texture differences, small marks, and unique characteristics are expected.

  • These are not considered defects and do not qualify as grounds for a refund.

  • Purchasing an artwork indicates acceptance of the nature of handmade work.

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5.2 Non-Returnable Items

  • Damaged items resulting from inadequate return packaging

  • Items lost in return transit

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6. Cancellations

Cancellations may be made before the artwork has been shipped. Once shipping has occurred, cancellations are no longer possible. The customer may instead initiate a return as per the return policy above. Chargebacks after dispatch will be contested through payment processors.

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8. Personal Information & POPIA Compliance

The artist collects personal information required to:

  • Process orders

  • Arrange delivery

  • Communicate with customers

  • Issue invoices

  • Manage newsletters or marketing (if applicable)

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Personal information is protected in accordance with the Protection of Personal Information Act (POPIA).

Your data will never be sold or shared with third parties except:

  • Payment processors

  • Courier services

  • Website hosting platforms

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You may request access to or deletion of your personal data at any time.

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9. Cookies & Analytics

This website may use cookies and third-party analytics tools to improve user experience, track performance, and enhance security. By using the site, you consent to cookie usage. You may disable cookies in your browser settings, although some website functions may be limited.

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10. Website Use

You agree not to engage in:

  • Unauthorised copying or data extraction

  • Misuse of website functions

  • Uploading malware or interfering with the website’s performance

  • Attempting to reverse-engineer website components

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The artist is not responsible for:

  • Website downtime

  • Incorrect pricing due to human or technical error

  • Loss resulting from unauthorised access or misuse of the website

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11. Third-Party Services 

The website may contain integrations with third-party services. By using these, you also agree to their own Terms & Conditions.

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The artist is not responsible for:

  • Their uptime or service performance

  • Payment processing delays

  • Security breaches on third-party platforms

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12. International Orders

International customers are responsible for:

  • Customs duties

  • Import taxes

  • VAT or border-handling fees

These charges vary by country and are not included in the artwork price unless stated otherwise.

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13. Limitation of Liability

To the maximum extent permitted under South African law. The artist is not liable for any:

  • Losses arising from use of the website

  • Shipping delays or courier errors

  • Damages caused by third parties

  • Indirect, incidental, or consequential losses

Your sole remedy in all circumstances is limited to the purchase price of the artwork.

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14. Governing Law

These Terms are governed by the laws of the Republic of South Africa. Any disputes must be resolved in South African courts with jurisdiction where the artist operates, regardless of where the customer resides.

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15. Amendments

The artist may update these Terms at any time. Continued use of the website indicates acceptance of updated Terms.

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16. Contact

For any questions regarding these Terms, returns, or orders, please contact:

Email: info@annskyart.com
Website: annskyart.com

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