1. Legal Identity and Statutory Disclosures

• Proprietorship Status: The website located at https://ldbphotography.co.za/ (the “Website”) is owned and operated by Luca De Bellis, an individual operating as a sole proprietor under the trading name Luca De Bellis Photography (the “Provider”).

• Electronic Communications and Transactions Act (ECTA) Section 43 Compliance: Users are hereby notified of the following statutory details:

  • Full Name of Owner: Luca De Bellis

  • Legal Status: Sole Proprietor (Unincorporated Trade Name)

  • Physical Address (Domicilium Citandi et Executandi): Johannesburg, South Africa

  • Website Address: https://ldbphotography.co.za/

  • Official Email Address: info@ldbphotography.co.za

• Governing Law: These Terms and Conditions are governed exclusively by the laws of the Republic of South Africa. Any disputes arising shall be subject to the exclusive jurisdiction of the South African courts.

2. Industry-Specific Risk Isolation: Intellectual Property & Copyright

• Statutory Ownership: All photographs, digital files, prints, text, layouts, and visual media displayed on the Website are the exclusive property of Luca De Bellis and are protected under the South African Copyright Act No. 98 of 1978.

• Reservation of Rights: The sale of a physical photography print does not transfer intellectual property rights, copyright, or commercial reproduction rights to the consumer.

• Prohibited Exploitation: Buyers and visitors are strictly prohibited from:

  • Scanning, digitally reproducing, or duplicating purchased physical prints.

  • Using purchased physical prints for commercial decoration, stock imagery, or advertising without an explicit, written licensing agreement signed by Luca De Bellis.

  • Modifying, altering, or creating derivative works from the digital or physical representations of the photographs.

3. Industry-Specific Risk Isolation: Shipping, Transit, and Liability Allocation

• Delivery and Performance (CPA Section 19): Unless otherwise agreed in writing, the Provider will fulfill print orders within the estimated timeline displayed at checkout.

• Risk Transfer Allocation:

  • Where the Provider engages a courier service of its own selection to deliver goods, the risk of loss, damage, or destruction remains with the Provider until the physical goods are delivered to the consumer’s designated physical address.

  • If the consumer elects to utilize their own courier or collection mechanism, risk transfers to the consumer immediately upon the physical goods leaving the Provider’s production facility.

• Transit Inspection Mandate: Consumers are required to inspect the exterior packaging of physical prints immediately upon delivery by the courier. If visible damage to the packaging exists that may compromise the print, the consumer must note the damage on the courier’s waybill and notify the Provider at info@ldbphotography.co.za within 48 hours of receipt, accompanied by photographic evidence.

4. Financial Infrastructure & Transaction Protocols

• Payment Gateway Integration: All financial transactions are executed securely via Payfast (Pty) Ltd, an authorized external payment gateway provider.

• Cardholder Security: The Provider does not capture, store, or process raw credit/debit card numbers or banking authentication credentials on its local servers.

• Pricing Clarity (CPA Section 23): All prices displayed on the Website are in South African Rand (ZAR). Pricing defaults to a gross transactional amount, exclusive or inclusive of delivery charges as explicitly stated at the final point of checkout.

5. Consumer Cancellation Rights & Returns Framework

• Statutory Cooling-Off Period (ECTA Section 44): Consumers generally retain a 7-day right to cancel electronic transactions without penalty.

• Exclusion for Personalized/Custom Goods (ECTA Section 42(2)(a)): Consumers are explicitly notified that the statutory 7-day cooling-off period does not apply to electronic transactions for goods made to the consumer’s unique specifications or clearly personalized. Because physical photography prints are produced on-demand based on custom selections of size, paper type, and framing specifications, these orders constitute custom goods and are non-refundable once printing execution begins.

• Implied Warranty of Quality (CPA Section 55 & 56): If a physical print arrives materially defective, structurally damaged (unrelated to transit negligence post-delivery), or fails to match the material specifications selected at checkout:

  • The consumer has the right to return the goods within 6 months of delivery.

  • The Provider will, at the consumer’s discretion, either replace the defective print or issue a full refund via the original Payfast payment path, subject to verification of the defect.