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Terms and conditions

 

EFFECTIVE: 1 APRIL 2022

OVERVIEW

IMPORTANT: PLEASE READ THE FOLLOWING TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEB SITE. USING THIS WEB SITE MEANS THAT THESE TERMS ARE ACCEPTED.

This website is operated by Heritage, an independent entity, distinct from the Tingatinga Arts Cooperative Society. 

Throughout the site, the terms “we”, “us” and “our” refers to the owner of the TingaTingaArt.com website, and not the Tingatinga Arts Cooperative Society or any other entity.

We offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

Users of this website agree to use the site for lawful purposes only. It is a criminal offence to hack, distort, damage, delete or modify any content or communication on the website, or to hinder or distort the functioning of the site, or illegally introduce data to, or modify the data on the website.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve:

(a) transmissions over various networks; and

(b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - PRICES, PRODUCTION, IMPORT DUTIES, LEAD AND SHIPPING TIMES

Prices for our products are subject to change without notice.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our service.

Once an order has been placed with us (directly via checkout on our website or via correspondence with us through email), it can take a maximum of 60 working days from the time you have placed that order to prepare fully.

These 60 days do not include shipping or transit times. They only include all the necessary preparations to produce the artwork(s) from inception only.

The term "working days" excludes weekends and public holidays in Tanzania.

Shipping will be done by DHL or any other method we believe is appropriate, subsequent to the completion of your artwork(s). 

Where shipping will be done via DHL or another professional courier, an airway bill number will be provided which can be used for tracking purposes. 

Delivery times may vary and products are expected to be received in no less than seven days subsequent to shipping.

We package larger paintings in poster paper tubes made of cardboard or water pipes made from PVC.

We do not ship the paintings within any frames unless otherwise communicated. 

By purchasing any of our products, you acknowledge resolutely that this total duration period (a total of 67 days from the time you have placed the order) are acceptable to yourself, or any third party that you will be purchasing these products for or on behalf of. You acknowledge acceptance of the delivery and packaging methods too.

Taxes and duties

You are solely responsible for payment of any customs duties and taxes imposed by the authorities in your country upon receipt of the goods.

We do not guarantee that the products supplied by us will be exempt from duties and taxes in your jurisdiction.

You acknowledge and agree that payment of any applicable taxes, regardless of the amount, is your responsibility, and we will not assume any liability for such payments on your behalf.

SECTION 5 - PRODUCTS, SERVICES (if applicable) AND ARTISTS' INTERPRETATION

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 

Furthermore, our artists may interpret the colors and other figures in the paintings differently. You acknowledge that by purchasing these paintings, minor variations in colour and other backgrounds are acceptable to yourself prior to purchase.

Furthermore, we offer both matte and glossy finishes for our paintings. The variation in finish is attributed to the use of different mediums such as enamel, oil, acrylic, and water paints. Enamel and oil paints produce a higher sheen level, resulting in a more reflective or glossy surface. Conversely, acrylic and water paints create a matte surface with little reflectivity. Our skilled artists determine the most suitable medium to create the best possible surface for each commissioned painting. By making a purchase from our platform, you agree to accept the finish that the artwork(s) possess.

The sizes of each painting are estimates of the painting sizes and should not be used as a method of determining the sizes with extreme accuracy. A margin of + 10% should be used in determining the range of the dimensions of the size of each painting. 

By using this website and by buying our products, you acknowledge that these differences are acceptable by yourself or any third party or agent that you may be purchasing these products on behalf of.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We do not provide any 'certificates of authenticity' for any of our artworks.

SECTION 6 - OUR RELATIONSHIP WITH THE TINGATINGA ARTS COOPERATIVE SOCIETY AND OUR RELATIONSHIP WITH YOU

We are not the Tingatinga Arts Cooperative Society. We are an independent entity, legally distinct from the Tingatinga Arts Cooperative Society.

We only purchase some of our artworks from them and act as one of their distributors. We are one of their appointed distributors who buy artworks and paintings from them when ordered by our customers. 

Apart from this business relationship that we have with them, we are not affiliated, associated by, or in any way officially connected with them.

The Tingatinga Arts Cooperative Society has business arrangements with many other persons as well.

If you do business directly with them or their members and artists at their studios or otherwise, you must understand that your business is with them and their artists directlyIn no way will we, (the owners of this website) be held responsible for any direct business arrangement that you have with them. 

We will not be held responsible or liable in any way for the information, products or materials that you request or receive through them directly.

In no event will we be liable to any party for any use of or reliance on any business arrangement that you have with them in any way; including, without limitation, lost profits, financial or monetary loss, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental or otherwise.

If you do not do business directly with us via our website, then we have no obligation to you, insofar as these Terms and Conditions state or otherwise. If you buy products from our website, you enter into a contract with us and you will receive an invoice from us. 

If you ask us instructions on how to arrive at their studios or how to contact them, we may at our own discretion guide you to them or provide you their contact details, but if you engage in business with them or their artists, provisions of this section will apply.

We, as one of the distributors of the Tingatinga Arts Cooperative Society resell the products we buy (from the Tingatinga Arts Cooperative Society) to our customers. As distributors, we buy goods on our own account from the manufacturers of the products and package them and resell them to our customers. We, being the distributors, are responsible for delivering the goods to our customers, and we also provide any after sales service regarding the goods, including in the event of any dissatisfaction.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

SECTION 8 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms and conditions on which tools are provided by the relevant third-party provider(s).

For instance, one of our payment gateway providers is DPO (or Direct Pay Online). DPO is one of Africa's leading online service providers. When transactions are processed through them, it is subject to their terms and conditions. You are required to ensure you accept their terms and conditions before proceeding with any transaction that is done on their platform.

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 9 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, click here.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall TingaTingaArt.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless us, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - FORCE MAJEURE

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

SECTION 18 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 19 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

If you believe that Tinga Tinga Art has not adhered to the Terms, please contact us by emailing us at info@tingatingaart.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

SECTION 21 - REFUND POLICY

We have a one-day return policy, which means you have 24 hours after receiving your item to request a return.

To be eligible for a return, your item must have become damaged upon receipt OR if you claim is not as described. You will be required to show us visual proof of this. You’ll also need the receipt or proof of purchase.

To start a return, you can contact us at info@tingatingaart.com. If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package back to us. Items sent back to us without first requesting a return will not be accepted. You will be required to send us the tracking details of sending the shipping back to us as well. 

You can always contact us for any return question at info@tingatingaart.com.

Exceptions / non-returnable items
We reserve the right to refuse returns and may opt to send a replacement for you.

Exchanges
The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.

Refunds
We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.

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Acceptance

By accepting the terms and conditions of use for the Tinga Tinga Art website, you acknowledge that you have read and fully understood this agreement. You certify that you are of legal age and commit to using the website for lawful purposes. Your agreement to be bound by the above terms and conditions signifies your acceptance of the rights and responsibilities that come with using the website.

 

Size Guide

Centimeters (CM)

Inches (IN)

50CM x 40CM

19 11/16 in X 15 3/4 in

50CM x 50CM

19 11/16 in X 19 11/16 in

60CM x 60CM

23 5/8 in X 23 5/8 in

70CM x 50CM

27 9/16 in X 19 11/16 in

80CM x 60CM

31 1/2 in X 23 5/8 in

100CM x 80CM

39 3/8 in X 31 1/2 in

140CM x 110CM

55 1/8 in X 43 5/16 in