Terms & Conditions
Please read carefully
The purchasing of any painting by Kevogo Yavetsi (the “artist”) results in a contract between the consumer (“You” or “Your”) and Kevogo Yavetsi (the “artist”).
Please be aware that your decision to comply with and be bound by these Terms and Conditions is considered to have occurred upon the first use of the Web Site, and you may not use the Website if you do not agree to those terms.
No part of this website is meant to be construed as a legally binding contract. You can contact the artist with your questions via the contact page or via email, and he will be happy to answer any questions you might have or provide any clarification you need.
1. Warranty & Copyright
1.1 These terms and conditions spell out the whole arrangement between you, the buyer, and Kevogo, the seller, in relation to the selling and purchase of the item or items listed in the invoice, referred to as “the Job” below. “The Artist” Kevogo guarantees that the original artworks were made by him and that the details are authentic and correct.
1.2 Kevogo owns all artwork, which is covered under Kenyan (the Kenyan Copyright Act 2001) and international copyright and trademark laws.
2. Statement of the Work
2.1 Although the artist will clarify the condition of the Work at the time of the sale and include any details about the condition in his possession that you could reasonably request, the artist will not be responsible for any subsequent degradation of the Work, regardless of the cause, after the sale.
2.2 You must satisfy yourself with any claims made by the artist about the matters outlined in clauses 2.1 above.
3. Payment of Purchase Price
3.1 Via PayPal or bank transfer, the customer must pay the “artist” the full price for the Work, plus any negotiated shipping or framing costs, any VAT, and any sums due to the artist under clause 6 below.
4. Custom Commission Work
4.1 On booking, the artist needs a 50% deposit, with the balance due upon completion (prior to shipping). In no circumstances is the deposit refundable until the work has begun.
5. Passing of Ownership
5.1 You will not have full legal title to the Work until the artist has earned in full all amounts due in respect of the Work in cleared funds.
5.2 If you obtain possession of the Work prior to full payment, you must:
5.2.1 Keep possession of it and do not sell, give it to someone else, or sell any interest in it.
5.2.2 Keep all items in a Work that consists of more than one object together.
5.2.3 Any distinguishing marks indicating that the artist owns the Work should be prominently displayed;
5.2.4 Separately from other property, store the Work on your premises at no expense to the artist.
5.2.5 Keep the Work in the same condition as when it was delivered, and do not restore, fix, clean, or reframe it without the artist’s written permission.
6. Export
6.1 If you order goods from outside Kenya, you may be required to pay import duties and taxes once they arrive at your destination. These charges are not the responsibility of the “artist” Kevogo, and he will make no calculations or estimates in this regard. If you’re buying something from another country, you can consult with your local customs office for more information on costs and procedures. You will be the importer of record as the purchaser of the Goods, and as such, you must ensure that your purchase complies fully with the laws of the nation into which the Goods are being imported. Please be informed that your goods will be inspected for customs purposes when you arrive at the port.
6.2 Any import duties and taxes will be your duty to pay. Before placing your order, please contact your nearest customs office for more details. Unless otherwise decided in writing, the selling of the Work is not contingent on the artist or you receiving an export license, and failure or delay in obtaining a license would not be grounds for canceling a purchase or deferring payment.
7. Breach by the Buyer
7.1 If you fail to pay the purchase price in full (or if “the artist” agree with you to pay by set installments and you fail to pay anyone or more installment) by the due date, or if prior to you paying the purchase price in full you fail to comply with the obligations set out in clauses 5 and 6 above, or otherwise do or fail to do anything which may in any way imperil the artist’s ownership of the Work or the Work itself, the artist is entitled (without prejudice to his other rights and remedies at law) to either:
7.1.1 Terminate the selling contract, reclaim the Work, and seek damages for any losses incurred; or
7.1.2 or, at his option, treat the sale as canceled and repossess the Work, in which case (and only in which case) he will refund to you any portion of the purchase price you have paid, after deducting any amounts owed to the artist, including but not limited to costs of recovery and repair of the Work, following the safe return of the Work.
7.2 The artist shall also have the right to repossess the Work and cancel the sale if before you make full payment of the purchase price to him, proceedings occur in Kenya or elsewhere involving your solvency (including but not limited to the presentation of a bankruptcy petition or winding-up petition, or the convening of a meeting to wind you up voluntarily, or an application for an interim order for a voluntary arrangement, or for the appointment of an administrator; or the appointment of an administrative or other receiver).
8. Limitation of Liability
8.1 Any lawsuit against Kevogo “the artist” must be made within 5 years of the date of the invoice for the Work or, if the artist has been guilty of any crime intentionally concealing a specific fact in relation to the Work, within 5 years of the date you discovered it, or might have discovered it if you were fairly vigilant, within 5 years after you discovered it. After these times, he would not consider any arguments.
8.2 The artist is not responsible for any loss of income (direct or indirect) or indirect or consequential loss or harm, if any, that you may incur as a result of purchasing the Work. Any liability to you for a violation of the obligations, whether in contract, tort or otherwise, is limited to the price paid for the Work; however, nothing in this clause 8 restricts or excludes our liability for (a) death or personal injury caused by our negligence or any of our agents; and/or (b) fraud
9. Non-claimed products
9.1 If a Customer’s purchased goods are returned to Kevogo “the artist” by someone other than the Customer, and Kevogo is unable to contact the Customer despite fair attempts, or the Customer fails to contact Kevogo “the artist” within three months of the products being returned to him, ownership of the products will revert to Kevogo “the artist.”
10. Disclaimer and Indemnity:
To the fullest extent allowed by law, Kevogo “the artist” disclaims all liability to you or anyone else for any loss or damage of any kind (however caused or arising) relating to the website, including, but not limited to, loss or damage you might incur as a result of:
10.1 On-site failures, mistakes, or inaccuracies;
10.2 You acting on, or failing to act on, any information on or referred to on the website and/or any related website;
10.3 Any personal injury or property harm caused by your access to or use of the website;
10.4 Unauthorized access to or use of the secure servers of the website;
10.5 Transmission to or from the website is disrupted or terminated;
10.6 Any bugs, viruses, trojan horses, or other malicious code or communications that a third party can send to or via the website; and/or
10.7 Any linked sites’ quality or suitability for any reason.