Terms & Conditions

Introduction

These Terms and Conditions (“Terms”) govern your use of the website www.greatjoyart.com (the “website”) and any enquiries, purchases, or other transactions with GreatJoy Art Studios (“we”, “us”, “our” or “Studio”).

Greatjoy Art Studios acts as the Information Controller in terms of the Protection of Personal Information Act, No. 4 of 2013 (“POPIA”). By accessing or using this Website, or making an enquiry or purchase, you accept and agree to abide by these Terms and our Privacy Policy.

Please ensure that you read these Terms carefully. We reserve the right to change these Terms at our convenience. Any changes we make will be posted on this page. Please check back frequently to see any updates or changes to the Terms.

This website is owned and operated by, and on behalf of, Greatjoy Ndlovu, who is the “Responsible Party” in terms of the Protection of Personal Information Act, 2013 (POPIA). Please also review our Privacy Policy, which is available on this website.

You can get in touch with us by sending an email to info@greatjoyartstudios.com, or by calling us on +27 63 518 7680. Our office hours are Monday to Friday, from 9:00 AM to 4:30 PM. When contacting us, please make sure to include your full name and a clear description of your enquiry so we can assist you as efficiently as possible.

We strive to respond to all enquiries promptly during business hours. Should you contact us outside of these times, please allow for a delay in our response.

General Terms

In these Terms, unless stated otherwise:

Art means the artwork displayed on the website and/or any artwork you enquire about, whether or not an image of it appears on the website;
Artist means Greatjoy Ndlovu, unless otherwise stated;
Buyer means a person or entity purchasing Art from Greatjoy Art Studios;
Contract means a written agreement between Greatjoy Art Studios and you, specifying the Art, the purchase price, and/or any other terms as required or accepted by Greatjoy Art Studios. If no separate agreement is concluded, these Terms shall apply;
Parties means you and us;
Studio means Greatjoy Art Studios, operating through www.greatjoyart.com;Terms means these terms and conditions as set out in this document;
Us, we, and ours refer to Greatjoy Art Studios;
Website means www.greatjoyart.com; and
You means the person or entity accessing or using the website.

By continuing to access or use the website, you accept and agree to be bound by these Terms.

If you are accessing the website on behalf of a company or organisation, “you” refers to that entity, and you confirm that you have the authority to bind that entity to these Terms.

You warrant that you have the legal capacity and authority to enter into these Terms.

Unless otherwise stated in these Terms, nothing here affects your statutory rights as a consumer when buying or selling Art through the website. However, we reserve the right to classify you as an art market professional rather than a consumer where appropriate. Please also refer to the Cancellation clause below.

You are solely responsible for determining any tax obligations or liabilities arising from any purchase or sale of Art using the website.

Entire Agreement and Severability

These Terms represent the full and complete understanding between you and Greatjoy Art Studios regarding your use of and access to the website, superseding all previous discussions, negotiations, agreements or understandings—whether written or verbal—related to this matter.

If any part or provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of law, that part will be replaced by a provision that most closely aligns with what is legally permissible, rather than being removed altogether. This will not affect the validity or enforceability of the remainder of the Terms.

Rights and Assignment

All rights and remedies available to Greatjoy Art Studios under these Terms or any contract are without limiting any other rights or remedies we may have.

Greatjoy Art Studios may transfer, assign or novate its rights and obligations under these Terms to an affiliated company, provided that we give you prior notice. Additionally, we may transfer such rights and obligations to another entity in the event of a sale, merger, acquisition, or reorganisation involving our business or assets.

Third-Party Rights

No person or entity who is not a party to these Terms shall have any rights under or in connection with these Terms in terms of the South African common law or the Contracts (Rights of Third Parties) Act or any other legislation.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from or related to these Terms shall be subject to the exclusive jurisdiction of the South African courts.

Use of the Website

Your access to and use of the website is subject solely to these Terms and our Privacy Policy.

Greatjoy Art Studios will make reasonable efforts to ensure the website functions properly and the content is accurate. However, we do not guarantee that all content on the website is always complete, accurate, or up-to-date, nor do we guarantee uninterrupted access to the website.

You agree not to use the website for any unlawful purposes or in any way that could harm the reputation of Greatjoy Art Studios or Greatjoy Ndlovu, as determined at our sole discretion. We reserve the right to block or restrict your access to the website at any time and for any reason without notice.

All rights to the website and its content are reserved by Greatjoy Art Studios.

Any images of artwork on the website are for illustrative purposes only. While we make reasonable efforts to display colours accurately, we cannot guarantee that your device’s screen will reflect the true colours of the artworks. Therefore, descriptions, illustrations, specifications, or advertisements on the website or in our marketing materials serve only as approximations and are not binding parts of any agreement.

Images and copyright of the artworks are owned by Greatjoy Ndlovu and may not be copied, reproduced, downloaded, or used without prior written consent from Greatjoy Art Studios and/or the Artist.

All copyrights, trademarks, database rights, and similar rights in this website and its marketing materials belong exclusively to Greatjoy Art Studios. No use or reproduction of website content in any form is permitted without prior written consent. Nothing on the website grants any licence or rights to you or any third party.

No rights or licences under any trademarks of Greatjoy Art Studios, Greatjoy Ndlovu, or any third party are granted through the website.

Liability Disclaimer

Greatjoy Art Studios expressly excludes all liability for any direct, indirect, incidental, consequential, or other losses or damages arising from your use of or inability to use the website, including those resulting from inaccuracies, errors, omissions, viruses, or outdated information.

Accessing the website and downloading materials is done entirely at your own risk. Greatjoy Art Studios will not be liable for any damage to your software, hardware, or data, even if we have been advised of the possibility of such damage.

Availability of Art

Although artwork may be displayed on the website as available for purchase, all Art remains subject to actual availability. Greatjoy Art Studios accepts no liability if any artwork is not available for sale or if the price differs from that shown on the website.

Should the Art you enquire about be unavailable, we will notify you promptly. If you have entered into a contract with Greatjoy Art Studios to purchase Art and the Art becomes unavailable, or if there was an error on the website regarding availability or pricing, such contract will be deemed void. In such cases, our sole obligation will be to refund any payments made by you. This applies regardless of the Artist involved, including works by Greatjoy Ndlovu.

All prices are subject to change without prior notice. While we endeavour to ensure pricing accuracy on the website, prices are not guaranteed to be error-free. If there is a price discrepancy and you have expressed a firm interest in the artwork, we will inform you as soon as possible, and you may then choose whether to proceed with the purchase.

All sales are conducted in United States Dollar (USD) or South African Rand (ZAR) unless otherwise agreed in writing by Greatjoy Art Studios.

The purchase price does not include framing or delivery costs, which will be billed separately.

Commissions

If you wish to commission a piece of artwork, please contact Greatjoy Art Studios directly. Upon agreement between you, Greatjoy Art Studios, and the Artist, a deposit of 50% of the agreed purchase price is payable upfront. The remaining balance is due four weeks prior to the Artist’s estimated completion date.

If the Artist is unable to complete the commissioned work within the agreed timeframe, Greatjoy Art Studios will refund you in full for any amounts already paid.

Ownership of Art

Ownership (title) and risk in the artwork will pass to you seven (7) days after we have received full payment of the purchase price and any associated fees in cleared funds.

If your artwork comes with a Certificate of Authenticity or provenance documents, these will be provided after delivery. The Artist, Greatjoy Ndlovu, is responsible for authentication, and it is your responsibility to verify the authenticity. Replacement certificates, if required, may be issued subject to proof of ownership and authenticity, with associated fees.

No copyright or intellectual property rights in the artwork are transferred to you. The Artist’s moral rights, including the right to be acknowledged as the creator, are fully asserted.

You acknowledge that artworks are unique, rare, and of significant value, and that handling the artwork can reduce its value.

Purchase Price and Payment

To reserve artwork, a deposit of 50% of the purchase price (“Deposit”) is required.

Upon receipt of the Deposit, Greatjoy Art Studios will not offer the artwork for sale to other parties for seven (14) days.

The purchase price is the price confirmed in the contract or offer acceptance, not necessarily the price shown on the website.

All taxes, duties, and fees related to the purchase are payable by you.

Payments are to be made in South African Rand (ZAR) or United States Dollar (USD), unless otherwise agreed in writing.

Payment details will be provided on the invoice issued by the Studio.

Delivery

Greatjoy Art Studios will endeavour to deliver the artwork by the agreed date, but all delivery dates are estimates and time is not of the essence, except in cases of Force Majeure.

We will consult with you about the courier or delivery company, but the final decision rests with the Studio acting reasonably.

The Studio is not liable for damage or delays caused by the delivery company, whether instructed by us or you.

You are responsible for any import or customs duties.

Termination

Greatjoy Art Studios may terminate any contract if payment is overdue or if you breach other contract terms materially. Upon termination, you must return the artwork, and the Studio will refund payments less a 7.5% administration fee and any storage fees.

We will notify you in writing of termination and may recover losses and collection costs incurred due to your breach.

Warranties

Greatjoy Art Studios offers no warranties, express or implied, including merchantability or fitness for purpose.

No staff member may guarantee future value or growth of artworks; any purchase acknowledges no such guarantees were made.

You acknowledge artworks are unique and valuable, and handling may reduce value. You confirm you purchase for your own account, not for another.

Liability

Greatjoy Art Studios is liable only for direct losses caused by our negligence, not for indirect or consequential losses, including loss of profit, even if warned of the possibility.

You are liable for losses caused by your breach of these Terms.

Liability for death or personal injury due to negligence, fraud or fraudulent misrepresentation is not excluded.

Total liability is limited to the purchase price or ZAR equivalent.

Indemnity

You indemnify and hold Greatjoy Art Studios harmless from any losses, damages, costs (including legal fees), or claims arising from your breach of these Terms.

Force Majeure

If performance is prevented or delayed by causes outside either party’s reasonable control (Force Majeure), such as strikes, natural disasters, war, or supply chain failures, obligations will be suspended until the event ends.

The Studio and the Artist are separate parties.

The affected party must promptly notify the other in writing and take reasonable steps to resume performance.

Communication

Notices must be in writing and sent via registered post or email. Registered post notices are deemed received two days after posting; emails are deemed received on the day sent if before 4:00 PM.

Personal Data

Greatjoy Art Studios processes personal information according to its Privacy Policy available on the website.

We may use your personal data and purchase details for administration and share with affiliated companies and the Artist. Data may be transferred outside South Africa; by using our services, you consent to this.

While we take reasonable security measures, we are not liable for losses caused by unauthorized third-party access.

Confidentiality

Both parties agree to keep confidential any sensitive information, including purchase prices, except as required by law or regulatory bodies (e.g., for Artist’s Resale Rights).

Resale Restriction

The Collector agrees not to sell, auction, or otherwise transfer ownership of the artwork for a period of five (5) years from the date of purchase. This restriction is intended to protect the integrity of the work, the artist’s market, and its provenance.

Any attempted sale or transfer within this period will be deemed a breach of contract, and the Studio reserves the right to recover damages equal to any loss in market value, as well as legal costs incurred.

Collector Agreement Clauses

Resale Restriction & Auction Approval
The Collector agrees not to sell, consign, auction, or otherwise transfer ownership of the Artwork for a period of five (5) years from the date of purchase without the prior written consent of Greatjoy Art Studios.

Should the Collector wish to sell or auction the Artwork after this period, they must:
a) Provide written notice to Greatjoy Art Studios at least sixty (60) days prior to any proposed sale or auction.
b) Obtain written confirmation from the Studio approving the auction house, estimate range, and reserve price.
c) Ensure the Studio has the right to review and approve any catalogue descriptions, marketing materials, and public communications relating to the Artwork.

Failure to comply will be considered a material breach of contract, and the Studio reserves the right to pursue all available remedies, including legal action and damages equal to any market value loss and legal costs incurred.

Auction House Consignment Clauses

Artist’s Market Protection Terms
The Auction House acknowledges that Greatjoy Ndlovu is the creator of the consigned Artwork and that the artist’s career and market value are to be preserved. As a condition of consignment:

Estimate Approval – The Auction House shall not set or publish an estimate range without prior written approval from Greatjoy Art Studios. Estimates must reflect the most recent comparable private and public sales for similar works.
Reserve Price – The Auction House shall set a reserve price agreed upon in writing by the Studio. If bidding does not reach the reserve, the Artwork will be deemed unsold and returned in its original condition.
Catalogue & Marketing Control – All catalogue descriptions, photographs, and marketing materials must be submitted to the Studio for written approval prior to publication. The Auction House shall not publish misleading comparisons or omit relevant sales history.
Withdrawal Rights – The Studio retains the right to withdraw the Artwork from sale without penalty if the Auction House breaches any term of this agreement.
Reporting & Payment – The Auction House must provide the Studio with a full post-sale report, including the hammer price, buyer’s premium, and buyer details, and remit payment within the agreed timeframe.