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Terms of use

Effective date: June 2026 Last updated: June 2026

Welcome. These terms set out the basis on which you may use the The Art Curator website, view our catalogue of paintings, and contact us about a piece. We have kept them as clear as we can. If anything is unclear, please write to henry@artcurator.co.za and we will explain.

By using this website you agree to these terms. If you do not agree, please do not use the site.

1. About us

This website is operated by The Art Curator, a South African art gallery.

  • Trading name: The Art Curator
  • Registered name (if different): The Art Curator
  • Physical address: Lourensford Wine Estate, Lourensford Road, Somerset West
  • Postal address: Lourensford Wine Estate, Lourensford Road, Somerset West
  • Email: henry@artcurator.co.za
  • Website: https://artcurator.co.za

These details are provided in line with the requirements of section 43 of the Electronic Communications and Transactions Act, 25 of 2002 (“ECTA”).

2. What this website is for

The website is a catalogue of paintings curated and offered for sale by The Art Curator. At present the website operates on an enquiry basis: nothing on the site is a binding offer to sell. To buy a painting you submit an enquiry, we confirm availability and price in writing, and a sale is concluded only once both parties have agreed those terms.

We may, in future, enable direct purchase through the site. If we do, additional terms governing online sales will apply to any such transaction and will be presented to you before you complete a purchase.

3. Using the site

You agree to use the website only for its intended purpose: to view our catalogue, learn about the work we represent, and make genuine enquiries.

You agree not to:

  • Use the site for any unlawful purpose or in any way that breaches South African law.
  • Copy, reproduce, scrape, republish, or otherwise exploit any content on the site, including painting images, descriptions, and photographs, without our written permission.
  • Submit false, misleading, or abusive enquiries, or use our published email address to send spam or unsolicited commercial communications.
  • Attempt to gain unauthorised access to any part of the website, our servers, or our systems.
  • Use any automated means, including bots or scrapers, to harvest content or contact details.

We may suspend or restrict your access if you breach these terms.

4. Information about paintings

We take care to describe each painting accurately, including its title, year, medium, dimensions, and condition. Even so:

  • Colour rendering. A painting on a screen is never an exact match for the painting in the room. Variations in screen calibration, lighting, and image processing mean colours and tones may differ from the original work. We recommend viewing the painting in person before purchase wherever possible, and we are always happy to arrange this.
  • Dimensions are given to the nearest centimetre and exclude any frame unless we say otherwise.
  • “Visualisation” images showing a painting hanging in a room are computer-generated representations intended to suggest scale and presentation. They are clearly labelled and are not photographs of the painting in that specific room.
  • Condition reports for any painting are available on request. Please email henry@artcurator.co.za and we will send a current report.
  • Availability can change quickly. We update the catalogue regularly but cannot guarantee that a painting marked “available” remains so at the moment you enquire. Reservations are confirmed in writing only.

5. Pricing, enquiries, and sales

Prices, where shown, are in South African Rand (ZAR) and include applicable taxes unless stated otherwise. Where a painting is shown as “Price on enquiry,” we will provide the current asking price by reply to your enquiry.

The sales process works as follows:

  1. You submit an enquiry by email, using any of the enquiry links on this website.
  2. We respond confirming availability and the current price.
  3. If you wish to proceed, we agree the price, payment terms, and delivery or collection arrangements in writing.
  4. Payment is made in full unless we have agreed a payment plan. We accept bank transfer (EFT) and, where applicable, card payment through a secure payment processor.
  5. The painting remains the property of The Art Curator until payment has been received in full and has cleared.
  6. A Certificate of Authenticity is issued for original works where applicable.

We reserve the right to decline a sale, to limit quantities, or to correct any pricing or descriptive error that is clearly mistaken. Where we have charged or accepted payment in respect of an obvious error, we will refund you in full without delay.

6. Delivery, collection, and risk

Delivery within South Africa is arranged on a case-by-case basis and quoted before sale. International delivery is possible for many works; we will quote separately and the buyer is responsible for any import duties or taxes that apply in the destination country.

Risk in a painting passes to the buyer when the painting is delivered to the address you have given us, or when it is collected by you or your nominated agent from the gallery.

7. Returns, cancellations, and your consumer rights

Your rights as a consumer are protected by the Consumer Protection Act 68 of 2008 (“CPA”). Nothing in these terms limits any right you have under that Act.

In particular:

  • If a painting differs materially from the description we gave you, you may return it for a full refund within a reasonable period, in line with the CPA’s implied warranty of quality.
  • If we have arranged the sale through direct electronic marketing initiated by us, for example, where you respond to a marketing email and conclude the purchase entirely online without seeing the work, you may, in terms of section 44 of ECTA, cancel the sale within seven (7) days of delivery and return the painting for a refund. The painting must be returned in the same condition you received it, and you are responsible for the cost of return shipping.

A general “change of mind” return is not offered. Art is bought for the work itself, not for utility, and we encourage you to view in person, request a condition report, and ask any question you have before committing to a purchase. We would always rather answer ten questions than process one returned painting.

8. Authenticity

Where we sell a work as an original by a named artist, that statement is a material representation and we stand behind it. We will provide a Certificate of Authenticity, signed by the gallery, recording the artist, title, year, medium, and dimensions of the work, along with our undertaking as to its authenticity. If a work we have sold as authentic is later shown not to be so by reasonable expert evidence, you may return it for a full refund of the purchase price.

Provenance details and exhibition history, where available, are provided as a courtesy and are based on the records we hold at the time of sale.

9. Intellectual property

All content on this website, including painting images, photographs, descriptions, the gallery name and logo, page layouts, and the underlying code, is the property of The Art Curator or the respective artists, and is protected by South African and international copyright and trade mark law.

You may view, download, and print pages from the site for your own personal, non-commercial reference. You may not reproduce, distribute, modify, transmit, or use any content for commercial purposes without our prior written permission.

The copyright in each painting itself remains with the artist unless we have specifically agreed otherwise. The sale of a painting transfers ownership of the physical work; it does not transfer the copyright in the image.

10. Disclaimer of warranties

We work to keep the website accurate, current, and available, but we make no warranty that:

  • The website will be uninterrupted, secure, or error-free at all times.
  • Any specific painting shown will remain available.
  • The information on the site will be free from all inaccuracies.

To the fullest extent permitted by law, including but not subject to the CPA, the website is provided “as is” and “as available.”

11. Limitation of liability

To the fullest extent permitted by law, The Art Curator will not be liable for any indirect, incidental, special, or consequential loss arising out of or in connection with your use of the website, including loss of profit, loss of data, or loss of opportunity. Nothing in this clause excludes or limits any liability that cannot be excluded or limited under South African law, including liability under the CPA for harm caused by unsafe goods.

Where, in the rare event that our liability is established, our total liability arising out of a single sale is limited to the price you paid for the painting in question.

The website may contain links to other websites, for example, to news articles, social media platforms, or partner galleries. We provide these for convenience. We have no control over their content and accept no responsibility for it. Following a link is at your own risk.

13. Privacy

How we collect, use, and protect your personal information is set out in our Privacy Policy. Please read it. By using the website you acknowledge the practices described there.

14. Changes to these terms

We may update these terms from time to time. The “Last updated” date at the top of this page tells you when the most recent change was made. Material changes will be clearly flagged on the website. Continuing to use the site after a change indicates your acceptance of the updated terms.

15. Governing law and jurisdiction

These terms, and any dispute arising out of them or out of your use of the website, are governed by the laws of the Republic of South Africa. The South African courts will have jurisdiction over any such dispute, save that nothing in this clause limits any right you have to refer a complaint to the National Consumer Commission or to lodge a complaint with the Information Regulator under POPIA.

16. Severability

If any provision of these terms is found to be unlawful, invalid, or unenforceable, that provision will be removed and the remainder of the terms will continue in full force and effect.

17. Whole agreement

These terms, together with our Privacy Policy and any written sale terms agreed in respect of a specific painting, are the whole agreement between you and The Art Curator in relation to your use of the website.

18. Contact

If you have any question about these terms, please write to:

The Art Curator henry@artcurator.co.za

These terms have been drafted in good faith and aim to balance fairness to the buyer with the practical realities of selling original works of art in South Africa. They are not a substitute for legal advice on a specific dispute.