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Ephemeral Ocular Caress
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TERMS AND CONDITIONS

 

These Terms and Conditions apply to Ephemeral Ocular Caress ("EOC"), the online art storefront created and operated by Miles Dittmer. By browsing, enquiring through, ordering from, or paying EOC, you agree to these terms.

This page is accessible from outside as: www.eocaress.co.za/ideal/eoctermsandconditions.php

1. What EOC Sells

EOC offers original artworks, prints, photographic works, ink-based works, visual designs, and related creative pieces. Some items are one-of-a-kind, some may be limited-run, and some may be made to order, adapted, or commissioned.

2. Product Presentation

  • We try to present artwork, colours, finishes, sizes, and descriptions as accurately as possible.
  • Because of screen settings, lighting, printing processes, materials, and handmade variation, the final delivered work may differ slightly from what you saw on screen.
  • Such small, reasonable visual variation does not in itself make the work defective.

3. Availability and Acceptance of Orders

  • All items remain subject to availability.
  • An order is only accepted once EOC has reviewed it, confirmed practical availability, and confirmed receipt of cleared payment where payment is required in advance.
  • EOC may decline or cancel an order before completion if an item has already sold elsewhere, if pricing or listing data was materially wrong, if fraud is suspected, or if fulfilment has become impractical.

4. Pricing and Currency

  • Unless stated otherwise, prices are quoted in South African Rand (ZAR).
  • Prices may change without notice, but confirmed orders will be honoured at the price accepted by EOC for that order.
  • Any delivery, packaging, framing, special handling, or custom-production charges may be quoted separately where needed.

5. Payment Method

EOC currently accepts payment by EFT only. Bank-transfer instructions are supplied during checkout or follow-up order communication. No artwork, print, commission release, dispatch, or collection handover is due until cleared funds reflect in the nominated EOC bank account.

6. Proof of Payment and Clearing

  • A proof of payment may help us match your order, but it does not by itself mean funds have cleared.
  • EOC may wait for confirmed bank clearance before production, release, collection, or delivery.
  • If payment is not received within the timeframe communicated for a quoted or reserved work, EOC may release the item back into availability.

7. Custom, Commissioned, and Made-to-Order Work

  • Custom, commissioned, personalised, adapted, framed-to-specification, or made-to-order work may require written scope confirmation before production begins.
  • Once production has started, such work may not be cancelled for convenience or change of mind.
  • Deposits, progress payments, design fees, concept fees, or preparation time already consumed may be non-refundable.
  • Where a client has approved a design direction, layout, wording, crop, finish, or concept, the client carries responsibility for that approval.

8. Delivery, Collection, and Risk

  • EOC may offer collection, courier delivery, or another agreed handover arrangement depending on the work.
  • Quoted delivery timelines are estimates, not guarantees.
  • Risk in the item passes to the customer on collection or on confirmed delivery to the supplied delivery address, except where the law provides otherwise.
  • The customer must ensure that the delivery address and contact details supplied are correct and that someone suitable is available to receive the item where required.

9. Inspection on Receipt

  • Please inspect the item promptly after receipt.
  • If the package arrives visibly damaged, or the wrong item was supplied, notify EOC as soon as reasonably possible and preferably within 48 hours, with photographs where available.
  • Failure to report obvious transit damage or obvious mismatch promptly may prejudice a claim against the courier or against EOC.

10. Returns, Refunds, and Change-of-Mind Requests

  • Custom, commissioned, personalised, altered, or made-to-order work is generally non-returnable and non-refundable, except where required by law.
  • Original art and limited-run works are also not sold on an open-ended approval basis.
  • Where a standard non-custom item is materially defective, materially not as described, or incorrectly supplied, EOC will assess the matter and may repair, replace, refund, or offer another fair remedy as required by law and practicality.
  • Any discretionary return accepted by EOC must be arranged in writing first and the item must be returned in the same condition in which it was supplied.

11. Copyright and Intellectual Property

  • Unless a separate written assignment says otherwise, all copyright, moral rights, creative rights, and intellectual-property rights in artworks, designs, photographs, compositions, previews, drafts, mockups, and related content remain with Miles Dittmer and/or EOC.
  • Buying a physical artwork, print, or design output does not transfer the underlying copyright.
  • You may not reproduce, scan, edit, redistribute, commercially exploit, mint, train models on, or otherwise reuse EOC content without prior written permission.
  • EOC may display sold or commissioned work in its portfolio, catalogues, social pages, or marketing unless a different written arrangement was agreed in advance.

12. Website Content and Use

  • The contents of this website, including text, artwork, photos, graphics, logos, layouts, and product descriptions, are protected by law.
  • You may browse the website for personal, lawful use only.
  • You may not use the website in a way that harms the site, interferes with other users, scrapes protected content, or attempts unauthorised access.

13. Privacy and Customer Information

Customer information is handled in line with the EOC Privacy Policy. We collect and use only the information reasonably needed to communicate with you, fulfil orders, comply with law, and protect the business against fraud and disputes.

14. Limitation of Liability

  • EOC will not be liable for indirect, incidental, special, or consequential loss, including lost profits, lost opportunities, reputational loss, or emotional disappointment relating to a purchase, use of the website, delay, or inability to use the website.
  • Where liability cannot legally be excluded, EOC's maximum liability will be limited to the amount actually paid by the customer for the affected item or order.
  • Nothing in these terms is intended to exclude rights or remedies that cannot lawfully be excluded under South African law.

15. External Factors and Force Majeure

EOC is not responsible for delay or failure caused by events beyond reasonable control, including power failure, supplier failure, courier interruption, internet failure, civil disruption, natural events, or other force-majeure circumstances.

16. Changes to the Website or These Terms

EOC may update the website, listings, pricing, and these Terms and Conditions from time to time. The version in force at the time an order is accepted will govern that order, unless the law requires otherwise.

17. Governing Law

These Terms and Conditions and any dispute arising from them are governed by the laws of South Africa, and any dispute shall be subject to the jurisdiction of the South African courts.

18. Contact and Notices

  • Business name: Ephemeral Ocular Caress (EOC)
  • Artist and operator: Miles Dittmer
  • Contact email: dG91Y2hAZW9jYXJlc3MuY28uemE=
  • Contact phone: MDYwLTM3Mi04NjA0
  • Address for formal notice: NTYgRG9ycCBTdHJlZXQsPGJyLz4KUGVlcmxlc3MgUGFyayBOb3J0aCwgS3JhYWlmb250ZWluLCBDYXBlIFRvd24sPGJyLz4KV2VzdGVybiBDYXBlLDxici8+ClNvdXRoIEFmcmljYSA3NTcwIA==

19. General

  • If any part of these terms is found unenforceable, the remaining parts continue to apply.
  • Any leniency by EOC does not amount to a waiver of rights.
  • These terms, together with any written order-specific confirmation and the relevant policy pages, form the whole agreement between you and EOC in relation to the purchase.

 

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PRIVACY POLICY

This page is accessible from outside as: www.eocaress.co.za/ideal/eocprivacypolicy.php

1. Purpose

Ephemeral Ocular Caress ("EOC") respects your privacy. This Privacy Policy explains how EOC collects, uses, stores, and protects personal information when you browse the website, contact the business, request a quote, place an order, or arrange delivery or collection.

2. What We Collect

  • Name and surname
  • Email address and telephone number
  • Delivery or collection details
  • Order details, enquiry details, and communication history
  • Proof of payment or EFT-related reference details where relevant
  • Basic technical usage data needed for security, diagnostics, and normal website operation

3. Why We Collect It

  • To respond to enquiries and quotes
  • To process, confirm, and fulfil orders
  • To arrange packaging, courier delivery, or collection
  • To detect fraud, mistakes, or abuse
  • To keep a proper business record of transactions and customer communication
  • To comply with legal, tax, or accounting obligations

4. How We Use Your Information

EOC uses your personal information only for legitimate business purposes connected to the running of the art storefront. We do not sell your personal information to data brokers or unrelated advertisers.

5. When We May Share It

  • With courier or delivery partners when needed to fulfil your order
  • With payment, banking, accounting, hosting, or technical service providers where reasonably necessary
  • With legal or regulatory authorities when required by law or when necessary to protect rights, safety, property, or investigate fraud

6. EFT and Payment Records

EOC currently accepts EFT payment. Proofs of payment, payment references, and related order records may be stored so that orders can be matched correctly and business records can be maintained.

7. Storage and Security

EOC takes reasonable technical and organisational steps to protect personal information against loss, misuse, unauthorised access, or accidental disclosure. No internet-connected system can promise absolute security, but reasonable care is taken.

8. Retention

Personal information is retained only for as long as reasonably necessary for the purpose for which it was collected, or for as long as the law, bookkeeping requirements, dispute handling, and fraud-prevention needs require.

9. Your Rights

Subject to applicable South African law, you may request access to your personal information, request correction of inaccurate information, or raise an objection where you believe information is being handled improperly.

10. Third-Party Links and Platforms

If you follow links to third-party websites, social platforms, or services, EOC is not responsible for their privacy practices. Please review their policies separately.

11. Contact

For privacy-related enquiries, please contact EOC at dG91Y2hAZW9jYXJlc3MuY28uemE= or MDYwLTM3Mi04NjA0.

12. Updates

This policy may be updated from time to time. The latest version published on the website is the version that applies.

 

LJX.
touch@eocaress.co.za
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