Art Gallery – Online Shop

Terms and Conditions

These Terms of Service (“Terms”) are effective as of : 30 December 2021  “Effective Date”

1 Introduction

1.1 The website (“the Website”) is operated and/or owned by Pikart (Pty) Ltd (bearing registration number: 2022/283735/07) (hereinafter referred to as “YOU&I Gallery”, “we”, “our” or “us”). The Terms herein are entered into by and between YOU&I Gallery and the User. Any reference to “YOU&I Gallery”, “we”, “our” or “us”, shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.

1.2 These terms, including any document incorporated by reference herein, including, but not limited to the Privacy Policy (collectively, the “Terms”) apply to any User who uses any one or more of the Services, accesses, refers to, views and/or downloads any information or material made available on the Website for whatever purpose (hereinafter referred to as “User”, “you” or “your”).  

1.3 Accessing and/or use of the Website after the Effective Date will signify that you have read, understand, accept, and agree to be bound, and are bound, by the Terms, in your individual capacity and for and on behalf of any entity for whom you use the Website. Further, you represent and warrant that you have the authority to do so and that you are a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).

1.4 We reserve the right to modify the terms of conditions with prospective effect, without prior notice to you, in accordance with our regulations outlined in Clause 4 (Our rights to change these terms), please refer to these.

2 Terminology 

2.1 ”Browser” shall mean any person who visits any page of the Website, whether by landing at the home page or any other page through use of a hyperlink of another website or by direct access to the Website and who has no intention of using, or does not use, the Services offered by us. Additionally, User shall refer to any person who completes the Registration Process on the Website in order to make use of the Services.

2.2 “Business Days” shall mean any days which are not a Saturday, Sunday or gazetted public holiday in the Republic of South Africa during working hours;

2.3 “Cart” shall mean the User’s Cart on the Website in which it stores intended purchases prior to payment being made;

2.4 “Goods” shall mean the products and/or Services as made available to a User for purchase on the Website, and which shall include, inter alia, goods and/or services relating to the following: paintings, objects, sculptures, digital art, photography, prints, drawings and similar;

2.5 “Party” or “Parties” shall mean Pikart (Pty) Ltd and/or or the User as the context implies;

2.6 “Personal Information” shall mean the Personal Information as required from the User in order to register for the Services;

2.7 “Registration Process” refers to the Registration Process to be followed by a User on our Website in order to enable them to use the Services and thus make the transition from a Browser to a User;

2.8 “Services” shall refer to the Services provided by us to the User as set in Clause 5 below;

2.9 “Terms” shall mean these Terms of Service as read together with the Privacy Policy, which Privacy Policy may be found at

2.10 “Third Party Websites” refers to any website that is not ; and

2.11 Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

3 Your agreement to these Terms

3.1 Subject to, and on the basis of a User’s acceptance of the Terms, we grant to you a limited, revocable, non-transferable license to access and use the Website in accordance with the various policies and agreements which may govern such use and access.

4 Our right to change these terms

4.1 We reserve the right, at our sole discretion, to amend these Terms at any time.

4.2 You will be bound by the Terms in effect at the time of placing an order from our Website.

4.3 If we amend these Terms in accordance with this clause, we will notify you by stating the date on top of this page that these Terms have been amended. Any change will apply only to your use of the Website after the change has been published. It is your responsibility to check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not agree with the changes you should stop using the Website.

4.4 Your only remedy, should you not agree to these Terms, is to refuse acceptance of the amended or updated Terms, thereby preventing your use of this Website.

5 Description of our Services

5.1 The Website enables you to shop for and purchase Goods.

6 Registration Process

6.1 A Customer is not required to register to purchase products. However, a user may apply to register to become a Registered User.

6.2 In order to register as a Registered User you will, through the Registration Process, be prompted to provide login details (unique username and password) as well as submit certain Personal Information as contained in the Privacy Policy.  Your unique username and password will be used by you to access certain features on the Website and avail the functionality specifically tailored to a Registered User.

​​6.3 The provisions pertaining to the processing of your Personal Information are set our more fully in our Privacy Policy.

6.4 By submitting your username and password, you agree and warrant that they shall: only be used for personal use; and not disclosed to third parties of any kind.

6.5 In order to protect your account, you agree to enter a correct username and password every time you order Goods through your account.

6.6 If the correct username and password for your account are entered, it does not matter if they are used by unauthorised or fraudulent means, you are responsible for payment of the order, except where you cancel it per our Cancellation and Refund policy.

6.7 In the event of a Registered User being of the view that their login details are being used by someone else, please contact us immediately at, so we can take steps to mitigate any loss or harm that may result.

7 How we use your personal information

7.1 Our Privacy Policy governs how we use your personal information. It is important that you read them, as they contain important information for you.

7.2 By visiting our Website or sending us emails, you authorise us and/or any of our divisions, affiliates, or partners to send you communications electronically in accordance with our Privacy Policy.

8 The Goods

8.1 Our Website contains images of Goods that are only intended to illustrate our offerings. While every effort has been made to display the colours accurately, we cannot ensure that the colours you see on your device accurately reflect the colours of the Goods. There may be slight variations between your Goods and those images, and Goods with accessories, such as frames, are just examples for your reference unless specifically stated otherwise in the description of the Goods. If you would like to order the Goods, you should verify that it comes with such accessories before placing the order.

8.2 Images we show on our Website may not accurately depict how Goods are packaged.

8.3 We cannot guarantee the availability of any product displayed on our Website, and prices are subject to change without notice. Whenever a stock is no longer available, we will make all reasonable efforts to ensure that the Website is updated to discontinue the offers. However, we cannot guarantee the availability of stock. You will be notified if the product is no longer available after you have placed an order, and you will be entitled to a refund of the amount already paid for the Goods.

8.4 You may cancel an order at any time provided you do so before receiving a Dispatch Confirmation email for the order. After the Dispatch Confirmation has been sent to you, you may only return the Goods in accordance with our Returns and Refund Policy.

8.5 Placing Goods in a wishlist or Cart does not constitute an order for such Goods, and as such, Goods may be removed from the wishlist or Cart if the stock is no longer available or the price thereof might change without notice to you. YOU&I Gallery cannot be held liable by you if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase at a later stage.

9 Purchase of Goods

9.1 The Goods as selected by the User for purchase together with the individual price thereof shall be reflected in the User’s Cart. The price of each of the Goods shall automatically be tallied in the Cart, as a total.

9.2 When applicable, the cost of delivery of the Goods shall also be included in the total comprising the User’s Cart.

9.3 Clause 9.5 applies if we discover an error in the price of the Good(s) you ordered.

9.4 The price of a Good includes VAT (where applicable) at the applicable current rate chargeable in South Africa. 

9.5 If the Goods you ordered contain a price error, you will be notified of this error so you can choose to continue to purchase the Goods at the correct price or cancel your order. Once your instructions have been received, your order will be processed or cancelled. We will automatically cancel your order if we cannot contact you using the contact information you provided during the order process. Further, note that we do not have to supply the Goods to you at the incorrect (lower) price in the event of a pricing error.

10 Payment

10.1 Payment may be made in one of the following manners:

10.1.1 Credit Card – where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.  

10.1.2 Electronic Funds Transfer (“EFT”) or Bank Transfer, however this may not apply to every country.

10.2 Goods will only be released for delivery once payment has been received into our banking account.

11 Delivery of Goods

11.1 The physical Goods shall be delivered to the User through the services of a courier service of our selection.

11.2 The physical Goods shall be delivered to the User at the address selected during the payment process.

11.3 The physical Goods shall be delivered, where possible on a Business Day, but this shall depend on the courier company.

11.4 We shall endeavour to have the physical Goods delivered to you within fourteen days of payment being received by us. However, we shall not be held liable for any late deliveries attended to. Additionally, we are not liable for delays or cancellations of delivery in Events Outside Control (as specified in Clause 13).

11.5 Any additional charges that may be levied in respect of the delivery of the physical Goods or forced return of the physical Goods such as, but not limited to, custom blockage in respect of a User outside of the Republic of South Africa, shall be for the User’s account.

11.6 Our obligation to provide the Goods to you is fulfilled upon delivery thereof. We are not responsible for any loss or unauthorised use of the Goods after provision thereof to you.

11.7 The User may wish to arrange insurance cover for the main carriage, starting from the point where the goods are taken in charge by the carrier (the Artist’s Studio). If no insurance is taken out by the User, the User cannot make YOU&I Gallery liable for the loss or damage of the Works.

12 International delivery of goods 

12.1 Our Website allows us to deliver products to international delivery destinations (outside South Africa), in which case your order may be subject to import duties and taxes when it reaches the destination. It is important to note that we cannot predict the amount of these charges and we have no control over them.

12.2 Taxes and duties on imported goods must be paid by you. For more information, contact your local customs office before placing your order.

12.3 If the Goods are destined for a country other than South Africa, you must follow their laws and regulations. We won’t be liable or responsible for any violation of such laws and regulations.

12.4 International shipping destinations we ship to are limited to a set of countries (see our list of international delivery destinations). You should read the information on the Shipping Page carefully before ordering Goods since certain Goods are restricted to certain delivery destinations overseas.

12.5 If you wish to have a Goods delivered to a country that we currently do not ship to, please contact us at

13 Events Outside our Control 

13.1 An “Event Outside our Control” means any act or event beyond reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

13.2 An Event Outside our Control will not hold us liable or responsible if we fail to carry out or delay in carrying out, any of our contractual obligations.

13.3 If there is an Event Outside our Control that affects our ability to perform the obligations, we shall inform you as soon as possible; and suspend the obligations for the duration of the Event Outside Control. In cases where an Event Outside our Control affects our ability to deliver Goods to you, we will arrange with you a new delivery date.

14 Your Cancellation and Refund Rights

14.1 You may cancel a Contract from the date you receive the Dispatch Confirmation, which is when the Contract between you and us is formed. Once the Goods have already been delivered to you at the address given in the order, you have a period of 14 (fourteen) days in which you may return the Goods, starting from the day you receive the Goods. Custom made or made-to-measure products and digitally downloaded products are excluded from the cancellation and refund right.

14.2 To cancel a Contract, you must contact us by using the form in accordance with our Returns and Refunds Policy. You may wish to keep a copy of your cancellation notification for your own records.

14.3 If you return the Goods, you will receive a full refund of the Goods excluding any Delivery Charges you paid. Refunds are processed once the Artwork has been received and examined for damages and has been deemed to be undamaged.

14.4 You will be refunded via the same payment method you used to complete the Contract.

14.5 The following applies if the Products have been delivered to you: a) you have a legal obligation to make sure you take reasonable care of the Goods while they are in your possession; b) Once the YOU&I Gallery team have provided you with return instructions you must return the Goods in their original packaging including any certificates and invoices as soon as it is reasonably possible.

14.6 Please refer to our Returns and Refunds Policy on how to return products. The Return Policy form you find on the Returns Page is part of these Terms and Conditions. 

14.7 As a consumer, you will always have legal rights given to you by the CPA (No. 68 of 2008: Consumer Protection Act, 2008) in relation to Goods that are faulty or not as described. These legal rights are not affected by the Returns policy in clause 15 or these Terms.

15 Discounts and Discount Codes

15.1 Certain Goods may be discounted from time to time. As long as the purchase of a Good falls outside the scope of the Discount, you will be charged the then-current selling price for that Good on the Website (the “Normal Price”).

15.2 We may have two types of Discount Coupons; a Coupon with a fixed amount of a discount (“Fixed Amount Coupon“), and a percentage discount coupon (“Percentage Amount Coupon“). Coupons may only be used once and only one coupon may be used per order. The coupon will be used during the checkout process and the coupon discount will be set off against the total amount of the Cart. Percentage Amount Coupons may have limitations on the maximum amount of the total cart value they apply to.

15.3 If you wish to cancel an order that has been made using a Fixed Amount or Percentage Amount Coupon, then the entire order must be cancelled.

15.4 If while applying a Discount Coupon to your shopping basket it does not result in the expected discount you may contact us at to confirm the validity of the Discount Coupon.

16 Warranties by the Browser or User

16.1 A Browser or User may not use the Website for any objectionable or unlawful purpose.

16.2 The Browser or User warrants and represents that the Personal Information provided to us is and shall remain accurate, true and correct and that the User will update the Personal Information held by us to reflect any changes as soon as possible.  

16.3 The Browser or User further warrants that when registering on the Website it:

16.3.1 is not impersonating any person; and

16.3.2 is not violating any applicable law regarding use of personal or identification information;

16.3.3 Further and insofar as the Registration Process is concerned, the User warrants that the login details shall be used for personal use only; and

16.3.4 not be disclosed by a User to any third party.

16.4 The User agrees that, once the correct login details relating to the User’s account have been entered, irrespective of whether the use of the Log in Details is unauthorised or fraudulent, the User will be liable for payment of any such Goods purchased.  

16.5 Further and more generally, the Browser or User warrants that when using the website, whether registered or not, you agree to:

16.5.1 not in any way use any device, software or other instruments to interfere or attempt to interfere with the proper working of the Website;

16.5.2 Shall not send to us spam mail, or make use of other unsolicited mass emailing techniques;

16.5.3 shall not in any way use any robot, spider, another automatic device, or manual  to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised YOU&I Gallery representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website);

16.5.4 shall not introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment through email communication with us;

16.5.5 Will not use the Website to distribute material containing defamatory, offensive, or hateful content or other illegal activities;

16.5.6 will not sell, redistribute, or use information contained on the Website for a commercial purpose without our prior written consent; and

16.5.7 Will not remove or alter our copyright notices or other means of identification including any watermarks, as they appear on the Website or any of our emails.

16.6 The Browser or User understands and agrees that it is solely responsible for compliance with all laws, rules and regulations that may apply to its use of the Website or the Services.

17.1 We make no representation or warranty (express or implied) that the Website or Services will:

17.1.1 meet a User’s needs;

17.1.2 be accessible at all times;

17.1.3 be accurate, complete or current; or

17.1.4 be free from viruses.

17.2 Subject to any express terms, YOU&I Gallery makes no representation or warranty as to the volume or subject area of Services accessible through the Website.

17.3 Except for any express warranties in these Terms the Services are provided “as is”. YOU&I Gallery makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or non-infringement. We do not provide any warranties against viruses, spyware or malware that may be installed on your computer as a result of you accessing or using the Website.

17.4 YOU&I Gallery does not warrant that the use of the Website will be uninterrupted or error free, nor does YOU&I Gallery warrant that we will review information for accuracy.

17.5 YOU&I Gallery shall not be liable for delays, interruptions, service failures or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of YOU&I Gallery. While a User may have statutory rights, the duration of any such statutorily warranties, will be limited to the shortest period to the extent permitted by required law.

18 Availability and Termination

18.1 The Website will not be available during scheduled maintenance periods, except during those times when scheduled maintenance is not possible. The Website or any part of the Website may be discontinued with or without notice.

18.2 We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

18.3 In its sole discretion, YOU&I Gallery may terminate, suspend, or modify this Website without prior notice to you. When YOU&I Gallery chooses to suspend, modify or terminate this Website, YOU&I Gallery will not be liable to you, except for processing any orders made by you prior to that time, as far as possible.

18.4 Upon breach of these Terms and Conditions by you, including any incident involving payment of the price of an order for any Goods, we may suspend and/or terminate your access to the Website without prejudice to any further claims we might have against you.

18.5 For the purpose of preventing suspected fraud and/or abuse of the Website, YOU&I Gallery is entitled to blacklist you on its database resulting in suspension and termination of your Website access and/or refusal to accept payments for any order and/or cancel any order between you and YOU&I Gallery. If YOU&I Gallery refuse to process your order or blacklists you, YOU&I Gallery will only be liable to refund monies already paid by you (for more information, see YOU&I Gallery’s Cancellation and Refunds Policy), and will not accept other liability.

18.6 At any time, you can choose to stop using the Website, with or without notice to YOU&I Gallery.

19.1 The Website may link to or mention other websites (“Third Party Websites“), including those of advertisers, which are not under our control. We disclaim any liability for the practices and/or privacy policies of any third-party site and for any cookies used by those sites.

19.2 We are not liable for any loss, expense, claim, or damage arising from the use of Third Party Websites or your reliance on information contained on any Third Party Websites, regardless of whether the Website includes links to Third-Party Websites.

20 Limitation of Liability and Indemnity

20.1 The Website shall be used entirely at a User’s own risk.

20.2 We are not responsible for, and the Browser or User agrees that we will have no liability in relation to, the use of and conduct in connection with the Website, or any other person’s use of or conduct in connection with the Website, in any circumstance.

20.3 If an incorrect price appears or any inaccurate information is published on the Website, YOU&I Gallery will not be held liable unless the error results from the gross negligence or wilful misconduct of YOU&I Gallery, its employees, agents or authorised representatives. Please let us know if there are any malfunctions or errors by emailing us at

20.4 We cannot guarantee or warrant that any file downloaded from the Website or delivered to you via email will be free of infection or virus, worms, trojan horses or other code that has contaminating or destructive qualities. A User is responsible for implementing appropriate processes, systems and procedures to protect itself from this type of issue.

10.5 A User indemnifies us, and agrees to keep us indemnified, from and against any claim, loss, damage, cost or expense that we may suffer or incur as a result of or in connection with a Browser’s or User’s improper use of or conduct in connection with the Website, including any breach by a User of these terms or any applicable law or licensing requirements.

20.6 To the maximum extent permitted by law we exclude all implied representations and warranties which, but for these terms, might apply in relation to a Browser’s or User’s use of the Website.

20.7 To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or delict (including negligence), to a Browser or User will be limited to the minimum amount imposed by such law.

20.8 Notwithstanding anything to the contrary in these terms, in no circumstances will we be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to interruption of the Services of any type, whether in delict, contract or otherwise.

20.9 YOU&I Gallery shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the content contained in the Website; or your inability to use the Website, and/or unlawful activity on the Website and/or any linked third party Website.

21 Communication between us 

21.1 In these Terms, “in writing” also refers to email.

21.2 We can be reached by email at if you wish to contact us in writing, or if any of these Terms require you to provide us with notice in writing. Typically, we will contact you by email to confirm receipt.

21.3 In the event we have to contact you or provide you with notice in writing, we will do so by email or by pre-paid post to the address you provide in your order.

21.4 It is sufficient to demonstrate that a notice was served by proving that an email was sent to the addressee’s email address.

21.5 This website is using Tidio, a chat platform that connects browsers and users with the customer support of YOU&I Gallery. We are collecting email addresses and names only with the consent of the users, in order to start the chat. The messages and data exchanged are stored within the Tidio application. For more information, please refer to their Privacy Policy. YOU&I Gallery is not making use of these messages or data other than to follow up on users’ registered issues or inquiries. Your personal data will be processed and transmitted in accordance with the General Data Protection Regulation (GDPR).

22.1 YOU&I Gallery and the contents of the Website are the property of YOU&I Gallery, unless specified otherwise, and are protected by South African and international copyright laws. This includes any material, information, software, data, text, icons, graphics, images, layouts, sound clips, advertisements, video clips, logos, trade names, trade-marks, designs and service marks. All Website content is the property of YOU&I Gallery, its advertisers, sponsors, and/or third parties licensing such content to YOU&I Gallery.

22.2 Except as stated in the Terms, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without our prior written permission, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.

22.3 Users are expressly prohibited to “mirror” any content, contained on the Website, on any other server unless our prior written permission is obtained. Should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.

22.4 The User is granted a limited, revocable, and non-exclusive right to create a hyperlink to the Website, so long as the link does not portray us, our affiliates, Goods or Services in a false, misleading, derogatory, or otherwise offensive manner. A User may not use our logo or other proprietary graphic or trademark as part of the link without our permission or the permission of our affiliates or content suppliers.

22.5 All trademarks and copyrights, together with any other intellectual property rights, in and to any of the content of the Website, where not evidently that of third parties, are the exclusive property of YOU&I Gallery. In no event will you acquire any right, title or interest to, or in, the Website or Website content.

23 Intellectual Property

23.1 A User undertakes not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Website including any algorithm used by us.

23.2 We own or are licensed to use all intellectual property on the Website.  A User may not use any of our intellectual property for any purpose other than as may be required to use the Website for its intended purpose.

24 Breach

24.1 If either Party commits a breach of the Terms and fails to remedy such breach within 7 (seven) days of receipt of written notice requiring the breach to be remedied, then the Party giving notice shall be entitled, at its option, either to cancel the Terms and claim damages or alternatively to claim specific performance of all the defaulting Party’s obligations, together with damages, if any, whether or not such obligations have fallen due for performance.  

24.2 Any dispute which arises between the Parties in respect of the Terms shall require the Parties to use their best endeavours to resolve the dispute informally within 7 (seven) days of the dispute having been raised in writing.

24.3 If either Party provides written notification to the other that such attempt has failed then each Party shall attempt to agree upon the appointment of a suitably qualified mediator, within 10 (ten) days of such dispute being referred.

24.4 If agreement is not reached as to the appointment of such mediator within 10 (ten) days after either Party has in writing called for the appointment of a mediator, or where an appointment has been agreed upon and such mediator is not able to mediate a resolution of such dispute within 30 (thirty) days after such appointment then any Party may give written notice to the other Parties referring the dispute to arbitration in accordance with the rules of Arbitration Foundation of South Africa (“AFSA”) by an arbitrator or arbitrators appointed by AFSA.

24.5 Either Party may demand that a dispute be referred to arbitration by giving written notice to that effect to the other Party. This clause shall not preclude either Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.

24.6 The arbitration shall be held –

24.6.1 at/in Western Cape or other venue agreed by the parties in writing;

24.6.2 in English; and

24.6.3 immediately and with a view to its being completed within 21 (twenty one) days after it is demanded.

24.7 The Parties irrevocably agree that the decision in arbitration proceedings:  

24.7.1 shall be final and binding upon them;

24.7.2 shall be carried into effect;

24.7.3 may be made an order of any court of competent jurisdiction.

25 Assignment and Novation  

25.1 We may assign or novate any of our rights or obligations under these Terms without a User’s consent. A User may not assign or novate any of his/her rights.

26 Force Majeur

26.2.1 The failure of either Party to fulfil any of their obligations under these Terms shall not be considered to be a breach of, or default provided such inability arises from an event of Force Majeure, and that either of the Parties who may be affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures in order to meet these Terms, and has informed the other as soon as possible about the occurrence of such an event.

26.2.2 During the subsistence of Force Majeure, the performance of both Parties under these Terms shall be suspended, on condition that either of them may elect to cancel any Services should the event of Force Majeure continues for more than 14 (fourteen) days by giving written notice to the other.  

27 General

27.3.1 To the extent permitted by law, these Terms shall be governed by and be construed in accordance with South African law, and any dispute arising out of these Terms shall be submitted to the competent South African courts having the requisite jurisdiction to hear the matter.

27.3.2 Subject to the dispute resolution provisions above, to the extent necessary and/or possible, you consent to the non-exclusive jurisdiction of the High Court in Western Cape or an alternative appropriate South African court seized with appropriate jurisdiction in all disputes arising out of the Terms, our Services, and/or related agreements incorporated by reference.

28 Severance

28.1 If any of these Terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and the remaining terms will continue to apply. Failure by us to enforce any of the provisions set out in these Terms and/or any other agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.

29 Domicilium Citandi Et Executandi and Contact Information

29.1 The User and YOU&I Gallery choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following:

29.1.1 Pikart (Pty) Ltd: 206a Main Road, Sea Point, 8005, Western Cape, South Africa. Email:  

29.1.2 User: The address identified as “Billing Address” when completing an order

29.2 Both the User and YOU&I Gallery may change its domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (Seven) days after receipt of notice of change of domicilium.

29.3 All notices to be given in terms of these Terms will:

29.3.1 be given in writing;

29.3.2 be delivered or sent by email; and

29.3.3 be presumed to have been received on the date of delivery.

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