LEGAL

Terms of Use

Last updated: 14 July 2026

Please read these terms carefully before using our website or purchasing artwork. By using foumangallery.com you agree to be bound by them.

1. About These Terms

These Terms of Use ("Terms") govern your access to and use of the FOUMAN Gallery website at foumangallery.com (the "Site") and the purchase of artworks through it. FOUMAN Gallery ("we", "us", "our") is an online art gallery based in Cape Town, South Africa, showcasing and selling original artworks from local and international artists.

By browsing the Site, creating an account or placing an order, you confirm that you have read, understood and agree to these Terms, together with our Privacy Policy, Shipping & Delivery Policy and Refund Policy. If you do not agree, please do not use the Site.

2. Your Account

You may need to register an account to purchase artwork. You agree to provide accurate, current and complete information and to keep it up to date. You are responsible for safeguarding your login credentials and for all activity that occurs under your account.

We may suspend or close an account that is used fraudulently, abusively or in breach of these Terms.

3. Artworks, Listings and Pricing

All artworks listed on the Site are original works offered by FOUMAN Gallery and its represented artists. We take care to describe and photograph each artwork accurately, but minor variations in colour and texture may occur due to screen settings and photographic conditions.

  • All prices are quoted in South African Rand (ZAR) unless stated otherwise.
  • Prices and availability may change without notice. Artworks are unique and are sold on a first-come, first-served basis.
  • If an artwork is listed at an incorrect price due to an obvious error, we may cancel the order and refund any amount paid.

4. Orders and Payment

Placing an order constitutes an offer to purchase. An order is only accepted once we confirm it, at which point you will receive an order confirmation email with a tax invoice attached. Payment is made in ZAR using the payment options presented at checkout or on the invoice.

Ownership of an artwork passes to you once payment has been received in full. We reserve the right to decline or cancel an order where payment cannot be verified or where we suspect fraud.

5. Shipping, Returns and Refunds

Delivery of artworks is arranged after your order is confirmed, as described in our Shipping & Delivery Policy. Returns, cancellations and refunds are handled in accordance with our Refund Policy and applicable South African consumer legislation, including the Consumer Protection Act, 2008 and the Electronic Communications and Transactions Act, 2002.

6. Intellectual Property

All content on the Site — including artwork images, text, logos and design — is the property of FOUMAN Gallery or the respective artists and is protected by copyright. Purchasing a physical artwork does not transfer any copyright or reproduction rights in the work, which remain with the artist.

You may not copy, reproduce, distribute or use any content from the Site for commercial purposes without our prior written consent.

7. Acceptable Use

When using the Site you agree not to:

  • Use the Site for any unlawful or fraudulent purpose.
  • Interfere with the operation or security of the Site, or attempt to gain unauthorised access to it or its systems.
  • Post or transmit content that is unlawful, defamatory or infringes the rights of others.

8. Limitation of Liability

The Site is provided on an "as is" basis. To the maximum extent permitted by law, FOUMAN Gallery will not be liable for any indirect, incidental or consequential loss arising from your use of the Site. Nothing in these Terms limits any rights you have under the Consumer Protection Act or other applicable law that cannot be excluded by agreement.

9. Governing Law

These Terms are governed by the laws of the Republic of South Africa, and any disputes will be subject to the jurisdiction of the South African courts.

10. Changes to These Terms

We may update these Terms from time to time. The version published on the Site at the time you place an order is the version that applies to that order. Continued use of the Site after changes are published constitutes acceptance of the updated Terms.

11. Contact

Questions about these Terms can be sent to info@foumangallery.com, or see our Contact Details page for further ways to reach us.