HOW TO BUY
TERMS & CONDITIONS
- These Terms and Conditions, together with the terms set out on the front of the invoice and those set out in the correspondence confirming the sale, outline the entire Agreement between the addressee of the Sales Invoice (the “Purchaser”) and Sénéchal-Senekal Art Gallery cc (the “Gallery”) relating to the sale of the Work(s)
2. Full payment must be received within seven days of receipt of the Sales Invoice
3. The Gallery is authorised to sell the artwork(s) on behalf of Junaid Sénéchal-Senekal (the “Artists”)
4. The Gallery warrants to the Purchaser that the artwork(s) is an authentic artwork(s) by Junaid Sénéchal-Senekal and the invoice, along with the artist’s original signature on the artwork(s), stand as proof of the authenticity of the work and no further certificates will be provided.
5. No copyright or other intellectual property rights in the artwork(s) are granted to the Purchaser and the Artist’s moral rights (including the Artist’s right to be identified as author of the artwork(s) are hereby asserted.
6. Copyright – Junaid Sénéchal-Senekal (the “Artist”) or Sénéchal-Senekal Art Gallery cc (the “Gallery”) can’t be liable if a client provides a photograph or illustration (the “image”) and request the artist to paint same (the “commission”). The Buyer (the “Client”) will ensure that he/she/it has fully obtained authorisation from the owner of image for such a commission to be made. Should any claims be made against the Gallery pertaining to a copyright or passing off infringement-based on a commission, then the client will accept full responsibility for such a claim inclusive of legal fees and hold the Gallery and the Artist harmless.
7. Copyright – The artist and or the Gallery purchased all images by private photographers or online through Shutterstock or Getty Images or such other platform from time to time.
8. If Should a copyright or other intellectual property right infringement come to the attention of any person or artist due to commission work, then please send an email to info@jssartgallery.comthat Sénéchal-Senekal Art Gallery cc in order for the gallery and artist to investigate immediately.
9. An important thing to note is that copyright is a right that is automatically granted. Copyright protection comes into effect as soon as (the “Artist”) creates a work of art. In simple terms, once (the “Artist”) completes a piece of art it is automatically protected by copyright.
It is crucial 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 pass on to the buyer.
Copyright is retained by (the “Artist”) of the work, but the terms and conditions may vary depending on factors such as license legal agreements, specifically outlining the rights being transferred, when selling a copyright.
A license legal agreement for artwork is a contractual agreement wherein an (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 license agreements, (the “Artist”) is also 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 of rebranded. This includes scenarios like utilizing art for NFTs, games, advertising, or branding purposes.
10. Ownership to the artwork(s) will pass to the Purchaser only on full receipt of the Sales Invoice total by cleared funds, and the Purchaser shall be responsible for the artwork(s) and risk shall pass to the Purchaser, so must therefore make appropriate arrangements to ensure the artwork(s) for this time.
11. Artwork(s) will be stored free of charge for a period of sixty days, after which time any artwork(s) not shipped or paid will incur storage charges for which the Purchaser will be liable. The Company Gallery will send the Purchaser a reminder four weeks after the Sales Invoice has been raised if the artwork(s) have not been shipped or paid with details of the storage charges expected to incur. Storage charges will be based on $7,5o per cubic meter per week, equivalent to $30.oo per calendar month.
12. Artwork(s) shall not be released to the Purchaser until the Gallery has received the full Purchase Price in cleared funds and the Purchaser has paid any storage costs due under Clause 10 above.
13. The Purchaser is responsible for all associated crating and shipping costs, unless otherwise agreed in writing between the Gallery and the Purchaser.
14. The Gallery is VAT registered and
15. In the event of an export sale where the Purchaser arranges their own export or export clearance, the Purchaser must send proof of export (“POE”) to the Gallery within one month of the date of the Invoice. Should the Purchaser fail to provide a satisfactory POE the Gallery is entitled to charge the Purchaser RSA VAT of 15% on the Purchase Price.
16. The gallery may use personal information supplied by the Purchaser and the Purchase Price to fulfill its obligations to the Purchaser and for administrative purposes. The Gallery may share such information with its affiliated companies as necessary to fulfill its obligations to the Purchaser with third parties e.g. shippers). The Gallery may also share the Purchase Price, the Purchaser’s identity, and the Purchaser’s location with the Artist. For all such purposes, the Purchaser consents to the Gallery transferring such information to countries outside South African Area, whose applicable laws may not protect personal data to the same extent as the RSA.
17. The Purchaser agrees to notify the Gallery of the donation of sale of the Work(s) to an institution in the future, for provenance purposes, subject to the resale rules set out on the Sales Invoice.
18. If the buyer fails to comply with the resale rules set here online they will promptly indemnify the gallery to an amount equal to the difference between (i) the selling price of similar artworks in perfect condition of the artist at the last public auctions and (ii) the price paid for the acquisition of such artwork(s).
19. In the event of the Purchaser canceling a sale, refunds may be offered at the gallery’s discretion in the form of gallery credit, with the only exceptions being a commission that does not meet the Commission Agreement terms or artwork(s) being damaged beyond reasonable repair.
20. The Gallery reserves the right to terminate any sales at its discretion if any of the sale terms are not met.
21. The contract of sale of the artwork(s) and any contractual or non-contractual dispute or claim arising from or in connection with the sale shall be governed by the law of South Africa. For claims against the Artist and the Gallery, the courts of South Africa shall have exclusive jurisdiction to settle all disputes arising under or in connection with the sale, but that the Artist and the Gallery shall have the right to bring proceedings in any other court of competent jurisdiction within or outside of South Africa.
All enquiries must be addressed to Junaid Sénéchal-Senekal, who can be contacted via email at info@jssartgallery.com or via telephone on +27 76 488 4388.
