Brown Eyes Photography

Online Sales, Digital Artwork Licence and Website Terms and Conditions

Effective date: 1 June 2026
Version: 1

1. Supplier information

1.1 Brown Eyes Photography is the trading name of:

Full legal name	Chavonne Matthys
Trading as	Brown Eyes Photography
Legal status	Sole Proprietor
Email address	info@browneyesphotography.co.za
Website	www.browneyesphotography.co.za
Physical address for service of legal documents	14 Drake Crescent, Belhar, Western Cape, South Africa

1.2 In these Terms, the legal supplier identified above is referred to as “Brown Eyes Photography”, “the Artist”, “the Supplier”, “we”, “us” or “our”.

1.3 “Buyer”, “Customer”, “you” and “your” mean the person or legal entity placing an order or receiving rights under these Terms.

2. Application and acceptance

2.1 These Terms apply to:

1. the use of the Brown Eyes Photography website;
2. every order submitted through the website;
3. every sale, licence and delivery of a digital photograph or other digital Artwork;
4. previews, catalogues, product descriptions and download facilities; and
5. any related communication, invoice or order confirmation.

2.2 By selecting the acceptance checkbox and submitting an order, the Buyer confirms that the Buyer:

1. has read these Terms;
2. has had an adequate opportunity to understand them;
3. accepts and agrees to be bound by them;
4. understands that the transaction concerns digital content and a limited licence; and
5. is legally capable of entering into the transaction.

2.3 The Buyer’s electronic acceptance, together with the date, time, order number, applicable version of these Terms and other reasonable transaction records, may be retained as evidence of the agreement.

2.4 A person placing an order on behalf of a company, organisation or another person warrants that the person has authority to bind that party.

2.5 A Buyer younger than 18 years must obtain the assistance and consent of a parent or legal guardian.

3. Definitions

In these Terms:

3.1 “Accepted Order” means an order that Brown Eyes Photography has expressly accepted after confirming availability and receipt of cleared payment.

3.2 “Artwork” means any photograph, image, digital file, composition, edit, title, description, collection, preview, thumbnail, watermarked image or related artistic material displayed, offered or supplied by Brown Eyes Photography.

3.3 “Cleared Funds” means money that has been finally and unconditionally credited to the bank account or payment account officially designated by Brown Eyes Photography, is available for use and is not subject to reversal, recall, chargeback, dishonour or investigation.

3.4 “Digital File” means the downloadable version of an Artwork supplied in the format, dimensions and resolution stated on the relevant product page.

3.5 “One-of-One Edition” means the limited consumer edition described in clause 5. It does not mean that copyright, the original capture, raw file or every possible use of the Artwork is transferred to the Buyer.

3.6 “Personal-Use Licence” means the limited, non-commercial licence granted under clause 12.

3.7 “Product Page” means the website page on which the relevant Artwork, price, file specifications and any special licence conditions are displayed.

4. Product information

4.1 Brown Eyes Photography will use reasonable efforts to ensure that each Product Page provides an accurate description of the relevant Artwork, including, where applicable:

1. the title;
2. the file type;
3. pixel dimensions or approximate resolution;
4. orientation;
5. edition status;
6. price;
7. permitted use; and
8. any specific restrictions.

4.2 Website previews may be resized, compressed, cropped, watermarked or displayed at a lower resolution to protect the Artwork.

4.3 A supplied high-resolution file may therefore differ from the preview in file size, resolution, watermarking or compression, without being a different Artwork.

4.4 Colours and brightness may differ between devices, monitors, printers, paper types and display settings. Minor colour variation that results from the Buyer’s equipment or third-party printing process is not a defect in the Digital File.

4.5 The Buyer must review the Product Page, order details and total price before submitting the order.

5. One-of-one edition status

5.1 Where an Artwork is advertised as a One-of-One Edition, this means that, after an Accepted Order and final receipt of Cleared Funds, Brown Eyes Photography will not intentionally sell another ordinary consumer download licence for that exact listed edition.

5.2 One-of-One Edition status does not:

1. transfer copyright or moral rights to the Buyer;
2. transfer ownership of the original camera file, negative, raw file, working file, editing file or storage medium;
3. prohibit Brown Eyes Photography from retaining archival, security, evidentiary or backup copies;
4. prevent the Artist from displaying the Artwork in her portfolio, website, social-media pages, exhibitions, publications, press materials, catalogues or promotional material;
5. prevent the Artist from using the Artwork to enforce her rights;
6. guarantee that no member of the public previously viewed, cached, copied or captured a preview unlawfully;
7. grant the Buyer merchandising, advertising, publishing, resale, NFT, sublicensing or commercial rights; or
8. grant exclusivity beyond the specific promise in clause 5.1.

5.3 Brown Eyes Photography may continue to display a reduced-resolution or watermarked preview marked as “Sold”, “Collected” or similar.

5.4 If a technical error results in more than one Buyer ordering the same One-of-One Edition, the Artwork will be allocated to the first Buyer whose order is accepted after Cleared Funds are verified.

5.5 Any other Buyer who paid but did not receive the edition will receive a refund of the amount actually received by Brown Eyes Photography. No disappointed Buyer acquires copyright, licence rights or a right to demand a substitute Artwork unless agreed separately.

6. Orders and contract formation

6.1 Displaying an Artwork on the website constitutes an invitation to submit an order and is not, by itself, a binding offer by Brown Eyes Photography.

6.2 The Buyer’s submission of an order constitutes an offer to purchase the stated Personal-Use Licence subject to these Terms.

6.3 An automated email, website message, invoice or order number acknowledging receipt of an order does not necessarily constitute final acceptance.

6.4 A binding sale and licence agreement is concluded only when Brown Eyes Photography has:

1. confirmed that the Artwork remains available;
2. verified the Buyer’s order information;
3. received and verified Cleared Funds; and
4. issued an acceptance, paid-order confirmation or download authorisation.

6.5 Brown Eyes Photography may decline or cancel an order before acceptance where there is:

1. a pricing, description or system error;
2. suspected fraud, unauthorised payment or identity misuse;
3. duplicate ordering of a One-of-One Edition;
4. failure to receive Cleared Funds;
5. a sanctions, legal or regulatory concern;
6. abusive or unlawful conduct; or
7. any other reasonable basis that is not unlawfully discriminatory.

6.6 Where Brown Eyes Photography declines an order after actually receiving money, the amount received will be refunded in accordance with applicable law, subject to lawful deductions, if any.

7. Prices and costs

7.1 All prices are stated in South African rand unless expressly stated otherwise.

7.2 The price displayed at checkout must include all amounts charged by Brown Eyes Photography in relation to the order, including VAT where applicable.

7.3 The Buyer is responsible for:

1. bank charges imposed by the Buyer’s bank;
2. foreign exchange charges;
3. international transfer charges;
4. internet or data costs; and
5. third-party printing or display costs.

7.4 Brown Eyes Photography may correct an obvious pricing or typographical error before accepting an order.

7.5 Brown Eyes Photography will not increase the agreed price after accepting the order, except where the Buyer requests an additional product or service.

8. Payment, EFT and cleared funds

8.1 Unless expressly stated otherwise, payment must be made by electronic funds transfer into the bank account officially designated on the secure checkout page or invoice issued through an authorised Brown Eyes Photography channel.

8.2 Payment is regarded as made only when Cleared Funds have actually been credited to and verified in the designated account.

8.3 The following do not, by themselves, prove that payment was received:

1. a proof-of-payment document;
2. a bank notification or screenshot;
3. a transfer instruction;
4. a pending transaction;
5. an SMS or email appearing to come from a bank;
6. a payment reference; or
7. an amount debited from the Buyer’s account but not credited to the designated account.

8.4 Brown Eyes Photography may independently verify payment directly from its banking records before releasing any Digital File.

8.5 Where money has left the Buyer’s account but has not been credited to the designated account, the order remains unpaid until the funds are received, unless applicable law provides otherwise.

8.6 Brown Eyes Photography will reasonably cooperate by supplying available transaction information, but the Buyer may be required to contact the Buyer’s bank or payment provider to trace, recall or investigate the transfer.

8.7 If funds arrive only after the Artwork has lawfully been sold to another Buyer, Brown Eyes Photography may refund the late payment instead of supplying the Artwork.

8.8 Once Cleared Funds have been credited to the designated account, a subsequent theft, fraudulent withdrawal or loss from Brown Eyes Photography’s account does not retrospectively invalidate the Buyer’s payment.

9. Banking-detail fraud, phishing and cybersecurity

9.1 The Buyer must carefully verify the account holder name, bank, account number and payment reference before making payment.

9.2 Brown Eyes Photography will never ask the Buyer to disclose a bank PIN, card PIN, online-banking password or one-time password.

9.3 The Buyer must treat any unexpected message changing banking details as suspicious.

9.4 Any purported change to banking details must be independently verified by contacting Brown Eyes Photography through the telephone number or contact details already published on the official website, and not through the contact details contained only in the suspicious message.

9.5 Payment made into an account that was not officially designated by Brown Eyes Photography and was never owned or controlled by Brown Eyes Photography will ordinarily not constitute payment to Brown Eyes Photography.

9.6 To the maximum extent permitted by law, the Buyer bears the loss arising from:

1. paying incorrect details entered by the Buyer;
2. ignoring a warning or obvious discrepancy;
3. relying on an unauthorised social-media account, message or altered invoice;
4. compromising the Buyer’s email, banking credentials or device; or
5. providing a PIN or one-time password to another person.

9.7 Clause 9.6 does not exclude liability where the loss was caused by Brown Eyes Photography’s failure to comply with a non-excludable legal duty, failure to use a sufficiently secure payment system, gross negligence, fraud or other conduct for which liability cannot lawfully be excluded.

9.8 If Brown Eyes Photography reasonably suspects that the website, email account, payment process or customer information has been compromised, it may:

1. suspend ordering or delivery;
2. require additional payment verification;
3. contact affected Buyers;
4. preserve logs and evidence;
5. notify banks, service providers, law-enforcement authorities or regulators;
6. reset access credentials; and
7. take other reasonable steps to contain and investigate the incident.

9.9 A security incident does not automatically entitle either party to retain money or receive an Artwork contrary to the facts of the payment, applicable law and the outcome of a reasonable investigation.

10. Delivery of digital files

10.1 Digital Files will ordinarily be supplied by:

1. a secure download link;
2. access through the Buyer’s account;
3. email delivery; or
4. another method agreed in writing.

10.2 Delivery is complete when the Digital File or a functional download facility has been made available to the email address or account supplied by the Buyer.

10.3 The Buyer is responsible for supplying a correct and accessible email address.

10.4 The Buyer must check spam, junk and security folders and notify Brown Eyes Photography if the download is not received.

10.5 Download links may:

1. expire once the Digital File has been downloaded;
2. be limited to one download attempt;
3. be linked to the Buyer’s account, email address or order; and
4. be disabled where fraud, sharing or breach is reasonably suspected.

10.6 The Buyer should download and securely back up the Digital File within the stated period.

10.7 Brown Eyes Photography is not required to provide indefinite cloud storage or unlimited replacement downloads.

10.8 Where a link expires before a reasonable opportunity to download, Brown Eyes Photography may reactivate or replace it after verifying the Buyer’s identity and order.

11. File compatibility and buyer’s equipment

11.1 Before purchasing, the Buyer must ensure that the Buyer has suitable equipment and software to open the stated file format.

11.2 Unless stated otherwise, the Digital File will be supplied in [JPEG / PNG / TIFF / INSERT FORMAT].

11.3 Brown Eyes Photography does not warrant compatibility with every device, application, operating system, television, frame, printer or editing program.

11.4 Failure of the Buyer’s outdated, unsupported or incorrectly configured equipment does not make an otherwise functional Digital File defective.

12. Personal-use licence

12.1 Subject to full payment and continued compliance with these Terms, Brown Eyes Photography grants the Buyer a limited:

1. personal;
2. non-commercial;
3. non-transferable;
4. non-sublicensable;
5. revocable in the event of material breach or payment reversal; and
6. worldwide

licence to use the purchased Digital File in the manner described below.

12.2 Unless a Product Page expressly grants additional rights, the Buyer may:

1. download and retain the Digital File for private use;
2. store reasonable backup copies under the Buyer’s control;
3. display the Artwork on the Buyer’s personal devices or private digital frame; and
4. produce up to one physical print solely for private, non-commercial display at the Buyer’s home or private premises.

12.3 The licence is granted to the named Buyer only.

12.4 No copyright or other intellectual-property ownership is transferred.

13. Copyright and ownership

13.1 All copyright, moral rights, title, authorship and intellectual-property rights in the Artwork remain vested in the Artist or relevant lawful rights holder.

13.2 The purchase price is consideration for the Digital File and the limited licence expressly granted under these Terms. It is not consideration for an assignment of copyright.

13.3 No assignment, sale or transfer of copyright is intended or created by:

1. payment;
2. delivery of the Digital File;
3. One-of-One Edition status;
4. removal of the product from the online shop;
5. the Buyer’s possession of a print; or
6. any wording such as “buy”, “purchase”, “sold” or “owner” used in ordinary retail communication.

13.4 Any transfer or exclusive licence of copyright must be contained in a separate written agreement that expressly identifies the rights transferred and is signed by the lawful copyright owner.

13.5 The Artist retains the right to be identified as the creator and to object to derogatory treatment, distortion, mutilation or modification of the Artwork to the extent provided by law.

14. Prohibited use

14.1 Except with Brown Eyes Photography’s prior written permission or where expressly permitted by non-excludable law, the Buyer may not:

1. reproduce more copies than the licence permits;
2. sell, resell, rent, lend, donate, distribute or transfer the Digital File;
3. share the Digital File or download link with another person;
4. upload the high-resolution file to social media, a public website, cloud gallery, marketplace or file-sharing service;
5. use the Artwork in advertising, branding, marketing, packaging, merchandise or promotional material;
6. use the Artwork as a logo, trade mark, business name or product identity;
7. publish the Artwork in a book, magazine, film, television programme, website, application, game, music release or other publication;
8. create prints or products for sale;
9. enter the Artwork into a competition as the Buyer’s own work;
10. claim authorship or remove attribution;
11. edit, recolour, crop, composite, animate, filter or materially alter the Artwork for publication or distribution;
12. remove or alter a watermark, signature, copyright notice, metadata or rights-management information;
13. use the Artwork for defamatory, unlawful, pornographic, discriminatory, deceptive or harmful purposes;
14. use the Artwork in a manner that falsely suggests endorsement by the Artist;
15. reverse engineer or attempt to obtain an underlying raw or working file; or
16. assist another person to do any prohibited act.

14.2 Posting even a reduced copy online is not automatically permitted merely because the Buyer paid for the Digital File.

14.3 Separate written permission may be requested for editorial, publishing, commercial or extended print use. Additional fees and conditions may apply.

15. Artificial intelligence, datasets and blockchain use

15.1 The Buyer may not use the Artwork, whether in full or in part:

1. to train, fine-tune, test, validate or develop an artificial-intelligence or machine-learning system;
2. as an input, reference image or dataset item for generative-image software intended to imitate, recreate or derive from the Artwork or Artist’s style;
3. in facial-recognition, biometric or surveillance datasets;
4. to create synthetic, altered or derivative imagery for distribution;
5. to mint, tokenise, register or sell an NFT or other blockchain-linked asset;
6. to create a digital collectible; or
7. to claim blockchain ownership or provenance inconsistent with the Artist’s copyright.

15.2 This clause applies whether the AI, dataset or blockchain use is commercial or non-commercial.

16. Previews, watermarks and website protection

16.1 All previews remain protected Artwork.

16.2 The presence of a preview on a publicly accessible webpage does not grant permission to download, reproduce, screenshot, screen-record, scrape, publish or distribute it.

16.3 Technical restrictions, disabled right-click functions, watermarks and access controls are protective measures and do not replace or reduce the Artist’s legal rights.

16.4 The Buyer may not circumvent or assist in circumventing any reasonable technical protection or access control.

16.5 Brown Eyes Photography may embed identifying metadata, order information or other proportionate forensic identifiers in supplied files for licensing, security and enforcement purposes, subject to applicable privacy law.

17. Cancellations, cooling-off rights and refunds

17.1 Nothing in this clause removes a cooling-off, cancellation, return or refund right that applies compulsorily under South African law.

17.2 Where a statutory cooling-off right applies and no lawful exception applies, Brown Eyes Photography will honour that right.

17.3 By requesting or accepting immediate release of a Digital File, the Buyer expressly requests that performance begin without delay. This consent will affect cancellation rights only to the extent permitted by applicable law.

17.4 Because an unrestricted Digital File cannot meaningfully be “returned” once accessed or copied, Brown Eyes Photography does not ordinarily offer change-of-mind refunds after the Digital File has been downloaded, accessed or delivered, except where required by law.

17.5 No refund is ordinarily due merely because:

1. the Buyer changed their mind;
2. the Artwork does not match the Buyer’s décor or personal preference;
3. the Buyer no longer wants it;
4. the Buyer failed to read the description;
5. the Buyer’s device is incompatible despite the format being disclosed;
6. the Buyer lost the file after successful delivery;
7. a third-party printer produced an unsatisfactory result; or
8. colours differ slightly because of display or printing variables.

17.6 Where cancellation is valid under applicable law, refunds will be processed within the legally prescribed period.

17.7 Refunds will ordinarily be made to the original payment source or verified bank account of the person who made payment.

17.8 Brown Eyes Photography may require reasonable identity and banking verification before making a refund to prevent fraud.

18. Defective, corrupt or incorrect files

18.1 The Buyer must notify Brown Eyes Photography promptly if:

1. the file is corrupt;
2. the download link does not function;
3. the wrong Artwork was supplied;
4. the file materially differs from its description; or
5. the file is missing a material characteristic expressly promised on the Product Page.

18.2 The Buyer should provide the order number, a description of the problem and reasonable supporting information.

18.3 Brown Eyes Photography may first investigate and, where appropriate:

1. restore access;
2. replace the link;
3. re-deliver the correct file;
4. supply a functional replacement copy; or
5. provide another remedy required by law.

18.4 Where Brown Eyes Photography cannot provide a lawful and adequate remedy, the Buyer may be entitled to a refund or another remedy under applicable law.

18.5 Reporting a problem within seven days is encouraged to assist investigation, but this does not shorten any non-excludable statutory warranty or remedy period.

19. Payment reversals and chargebacks

19.1 The Buyer may not knowingly initiate a false, fraudulent or abusive chargeback.

19.2 Before initiating a chargeback, the Buyer should first contact Brown Eyes Photography and allow a reasonable opportunity to address the issue, unless urgent action is reasonably necessary to protect the Buyer’s rights.

19.3 If payment is reversed, recalled, dishonoured or charged back after delivery:

1. the Personal-Use Licence is automatically suspended while the payment dispute remains unresolved;
2. the Buyer must stop using and sharing the Artwork;
3. Brown Eyes Photography may disable download access; and
4. if the reversal becomes final and the amount remains unpaid, the licence terminates and the Buyer must delete all Digital File copies under the Buyer’s control.

19.4 Clause 19.3 does not prevent a Buyer from exercising a legitimate right or remedy under applicable law.

19.5 Brown Eyes Photography may provide transaction records, download records, acceptance records and relevant correspondence to banks, payment providers or law-enforcement authorities when reasonably necessary to investigate a dispute.

20. Buyer account and access security

20.1 The Buyer is responsible for maintaining the confidentiality of the Buyer’s account credentials, email account, device and download links.

20.2 The Buyer must immediately notify Brown Eyes Photography of suspected unauthorised account access or link sharing.

20.3 Activity performed using the Buyer’s account may be treated as authorised where it was reasonable to do so, subject to the facts and applicable law.

20.4 Brown Eyes Photography may temporarily suspend an account or download link where unauthorised access, fraud or licence infringement is reasonably suspected.

21. Personal information and privacy

21.1 Brown Eyes Photography may process personal information for legitimate purposes connected with:

1. processing and verifying orders;
2. communicating with Buyers;
3. payment verification and fraud prevention;
4. delivering Digital Files;
5. customer support;
6. accounting, tax and recordkeeping;
7. enforcing these Terms and intellectual-property rights;
8. information security; and
9. complying with legal obligations.

21.2 Personal information may be processed by authorised operators such as website hosts, WooCommerce service providers, email providers, cloud-storage providers, accountants, banks, payment providers and information-technology contractors where reasonably necessary.

21.3 Brown Eyes Photography will take appropriate and reasonable technical and organisational measures to protect personal information, but no internet-based system can be guaranteed to be completely immune from every security threat.

21.4 Where a security compromise must be reported under applicable law, Brown Eyes Photography will take the legally required notification and mitigation steps.

21.5 The Buyer’s information will not be used for unsolicited electronic marketing unless a lawful basis exists and the Buyer has been given the required choice.

21.6 Acceptance of these Terms does not, by itself, constitute consent to optional direct marketing.

21.7 Further information is contained in the Brown Eyes Photography Privacy Notice, which forms part of the website’s legal documentation.

22. Third-party subjects, locations and property

22.1 Unless expressly stated, purchase of an Artwork does not grant:

1. model-release rights;
2. property-release rights;
3. trade-mark permissions;
4. publicity or personality rights; or
5. permission to suggest that a person, owner, brand or location depicted endorses the Buyer.

22.2 Because the Personal-Use Licence prohibits commercial exploitation, the Buyer must obtain a separate commercial licence and any necessary third-party permissions before proposing commercial use.

22.3 Brown Eyes Photography does not warrant that an Artwork is suitable for advertising, endorsement, trade-mark use or other commercial exploitation unless this is expressly agreed in a separate written licence.

23. Website errors and availability

23.1 Brown Eyes Photography may maintain, update, suspend or discontinue parts of the website where reasonably necessary.

23.2 Brown Eyes Photography does not warrant that the website will operate without interruption at every moment.

23.3 Temporary website downtime does not affect an Accepted Order or licence already validly granted.

23.4 Brown Eyes Photography may correct:

1. typographical errors;
2. incorrect stock status;
3. broken links;
4. duplicated listings;
5. incorrect dimensions; and
6. obvious technical errors.

23.5 If a material error affects an order, Brown Eyes Photography will notify the Buyer and provide the remedy required by applicable law.

24. Events beyond reasonable control

24.1 Neither party will be liable for delay caused by circumstances genuinely beyond that party’s reasonable control, including major network failures, widespread banking outages, natural disasters, civil unrest, government restrictions or serious third-party infrastructure failures.

24.2 This clause does not excuse:

1. a party’s failure to take reasonable precautions;
2. an obligation to protect personal information;
3. gross negligence or fraud; or
4. an obligation to refund money where a refund is required by law because performance cannot be provided.

24.3 The affected party must take reasonable steps to limit the delay and resume performance.

25. Limitation of liability

25.1 To the maximum extent permitted by law, Brown Eyes Photography will not be liable for indirect, special, incidental or consequential loss arising from the Buyer’s use or inability to use the Artwork, including loss of profit, business opportunity, anticipated savings or data.

25.2 Subject to clause 25.4, Brown Eyes Photography’s aggregate liability arising from a particular order will not exceed the total price actually paid for that order.

25.3 Brown Eyes Photography is not responsible for loss caused solely by:

1. the Buyer’s unlawful use;
2. unauthorised sharing by the Buyer;
3. the Buyer’s insecure device, email account or password;
4. incorrect banking details entered by the Buyer;
5. third-party printing, framing or editing;
6. unsupported software or equipment; or
7. conduct of an independent third party outside Brown Eyes Photography’s reasonable control.

25.4 Nothing in these Terms excludes or limits liability for:

1. fraud or intentional misconduct;
2. gross negligence where liability may not lawfully be excluded;
3. death or personal injury where liability may not lawfully be excluded;
4. failure to comply with a non-excludable payment-security obligation;
5. breach of a non-excludable statutory warranty or consumer right; or
6. any other liability that cannot lawfully be excluded or limited.

26. Buyer indemnity

26.1 To the maximum extent permitted by law, the Buyer indemnifies Brown Eyes Photography against third-party claims, losses, damages and reasonable enforcement expenses arising directly from:

1. the Buyer’s unauthorised commercial use;
2. unlawful publication, alteration or distribution of the Artwork;
3. the Buyer’s false claim of authorship or ownership;
4. the Buyer’s use of the Artwork in defamatory, deceptive or unlawful material;
5. the Buyer’s unauthorised sublicensing, NFT minting or AI training; or
6. the Buyer’s material breach of clauses 12 to 16.

26.2 This indemnity does not apply to loss caused by Brown Eyes Photography’s fraud, gross negligence, breach of a non-excludable legal obligation or other conduct for which liability may not lawfully be excluded.

27. Breach and termination

27.1 The following constitute material breach:

1. non-payment or final payment reversal;
2. unauthorised sale, distribution or commercial use;
3. removal of rights-management information;
4. false authorship claims;
5. AI, NFT or dataset use prohibited under clause 15;
6. deliberate circumvention of access controls; or
7. repeated or serious violation of the licence.

27.2 Where appropriate, Brown Eyes Photography may give the Buyer a reasonable opportunity to remedy the breach.

27.3 Brown Eyes Photography may terminate the licence immediately where the breach:

1. cannot reasonably be remedied;
2. involves intentional copyright infringement or fraud;
3. creates an urgent risk of further distribution; or
4. continues after notice.

27.4 On termination, the Buyer must:

1. stop using the Artwork;
2. remove unauthorised online copies;
3. destroy or delete Digital File copies under the Buyer’s control; and
4. confirm compliance when reasonably requested.

27.5 Termination does not prevent Brown Eyes Photography from pursuing a takedown, interdict, damages, delivery-up, account of profits or another lawful remedy.

28. Copyright enforcement

28.1 Brown Eyes Photography may use reasonable measures to detect and document infringement, including reverse-image searching, metadata review, watermark analysis and transaction-record comparison.

28.2 Where infringement is suspected, Brown Eyes Photography may issue:

1. a cease-and-desist notice;
2. a platform takedown notice;
3. a hosting-provider complaint;
4. a social-media intellectual-property report; or
5. legal proceedings.

28.3 The Buyer must preserve relevant evidence once notified of a dispute and must not deliberately destroy records to obstruct an investigation.

28.4 Brown Eyes Photography may claim the remedies and legal costs available under applicable law.

29. Complaints and dispute resolution

29.1 A Buyer with a complaint should contact:

Email: info@browneyesphotography.co.za
Subject line: Customer Complaint – Order [INSERT ORDER NUMBER]

29.2 The complaint should include:

1. the Buyer’s name;
2. the order number;
3. the nature of the complaint;
4. relevant dates;
5. supporting documents; and
6. the remedy requested.

29.3 Brown Eyes Photography will acknowledge and investigate complaints within a reasonable period.

29.4 The parties should first attempt to resolve the dispute through good-faith written negotiation.

29.5 Where appropriate, the parties may agree to mediation.

29.6 Nothing in these Terms prevents the Buyer from approaching:

1. an applicable consumer ombud;
2. the National Consumer Commission;
3. the Information Regulator;
4. a competent court; or
5. another authority having jurisdiction.

29.7 No internal complaints procedure removes or delays an urgent statutory remedy.

30. Governing law and jurisdiction

30.1 These Terms and every transaction are governed by the laws of the Republic of South Africa.

30.2 Subject to any consumer right regarding jurisdiction, the parties consent to the jurisdiction of a competent South African court.

30.3 Brown Eyes Photography may institute urgent intellectual-property proceedings in any court that has jurisdiction over the infringement, infringer or relevant platform.

30.4 Nothing in this clause prevents a consumer from approaching a court or tribunal available to that consumer under applicable law.

31. Electronic communications and notices

31.1 The Buyer consents to receiving transaction-related communications electronically.

31.2 Brown Eyes Photography may send order notices to the email address supplied by the Buyer.

31.3 The Buyer must notify Brown Eyes Photography if the Buyer’s email address changes before delivery is complete.

31.4 A notice is not invalid merely because it is electronic, provided it is sent and retained in a manner recognised by applicable law.

32. Changes to these terms

32.1 Brown Eyes Photography may update these Terms for future transactions.

32.2 The version accepted at the time of the Buyer’s order will ordinarily govern that order.

32.3 A later version will not retrospectively remove a vested consumer right or materially alter an existing Accepted Order without lawful grounds and appropriate notice.

32.4 Each version should display its effective date and version number.

33. Order of precedence

33.1 The agreement consists of:

1. mandatory applicable law;
2. any separately signed written licence or special agreement;
3. the Accepted Order and Product Page;
4. these Terms; and
5. the Privacy Notice.

33.2 If there is a conflict, the documents apply in the order listed above, except that no document may override a mandatory legal right.

34. General provisions

34.1 If any clause is found invalid or unenforceable, it will be severed or limited only to the minimum extent necessary, and the remaining clauses will continue to apply.

34.2 A failure or delay in enforcing a right does not constitute a permanent waiver of that right.

34.3 No waiver is effective unless recorded in writing by an authorised representative.

34.4 The Buyer may not transfer the agreement or licence without Brown Eyes Photography’s prior written consent.

34.5 Headings are for convenience and do not limit the meaning of a clause.

34.6 Words in the singular include the plural and vice versa where the context permits.

34.7 These Terms must be interpreted in a manner consistent with applicable South African law and the purpose of the transaction.

35. Statutory rights

35.1 These Terms must not be interpreted as:

1. requiring the Buyer to waive a non-waivable consumer right;
2. excluding liability that may not lawfully be excluded;
3. permitting misleading, fraudulent or unfair conduct;
4. avoiding a statutory refund, warranty or security obligation; or
5. preventing a complaint to a regulator, ombud or court.

35.2 Where a provision conflicts with mandatory law, the mandatory law prevails and the provision will be applied only to the maximum lawful extent.

36. Final checkout acknowledgement

By selecting the checkout acceptance box, the Buyer specifically confirms that the Buyer understands and accepts that:

1. payment is recognised only after Cleared Funds are received and verified;
2. a proof of payment is not conclusive proof that funds were received;
3. suspicious changes to banking details must be independently verified;
4. purchasing the Digital File does not transfer copyright;
5. the licence is personal, limited and non-commercial;
6. sharing, resale, commercial use, AI training and NFT use are prohibited;
7. change-of-mind refunds may not be available after lawful digital delivery, subject always to statutory rights;
8. One-of-One Edition status has the limited meaning set out in clause 5; and
9. the liability and indemnity provisions in clauses 25 and 26 have been specifically drawn to the Buyer’s attention.

End of Terms and Conditions