THE ARTS HOLE LIMITED 

 

1       Acceptance

(a)    This website (Site) is operated by The Arts Hole Limited (NZCN 8860710) (we, our or us). It is available at: [insert link] and may be available through other addresses or channels.

(b)    By accessing and/or using the Site you:

(1)         warrant to us that you have reviewed these terms and conditions and you have read our Privacy Policy (available on the Site);

(2)         warrant to us that you have the legal capacity to enter into a legally binding agreement with us; and

(3)         agree to use the Site in accordance with the Terms.

(c)     You must not use the Site and/or place an order for artwork through the Site unless you are at least 18 years old.

2       Registration

(a)    You may purchase artwork or goods from us without an account or you may choose to create an account with us which allows you to review your order history. You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.

(b)    When you make a purchase, you will be asked to input basic contact information such as your name, shipping address, billing address and payment details and if you choose to create an account, you will choose a username and password. It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details.

3       Orders

(a)    You may order art or goods from us as set out on the Site. Any order placed through the Site is an offer by you to purchase goods, a particular product or artwork for the price notified (including the delivery and other applicable charges and taxes) at the time you place your order.

(b)    We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.

(c)     Each order that we accept results in a separate binding agreement between you and us for the supply of the artwork or goods in accordance with these Terms.

(d)    It is your responsibility to check the order details, including selected goods and artwork and pricing before you submit your order through the Site.

(e)    When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the delivery and billing addresses and a description of what was ordered.

4       Price and payments

(a)    You must pay us the purchase price of the goods or each piece of artwork you order plus, where we are responsible for shipping the goods to you, any applicable delivery costs based on the delivery options selected by you as set out on the Site (the Price) in accordance with this clause. All amounts are stated in New Zealand dollars and are inclusive of New Zealand GST (where applicable). We display delivery costs separately from the product price.  

(b)    You must pay the Price using one of the methods set out on the Site. Only once the Price has been paid in full will your artwork be dispatched to you.

(c)     You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Price.

(d)    If we offer payment via a third-party payment processor, such as Stripe and PayPal, the payment may be subject to Stripe or PayPal’s terms and conditions (available via: https://stripe.com/en-nz/legal/end-users and https://www.paypal.com/nz/webapps/mpp/ua/useragreement-full). Where you order the artwork for delivery outside New Zealand, you may need to pay customs charges or taxes in addition to the Price.

(e)    We may from time to time issue promotional discount codes for certain artwork on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued. We may also from time to time run competitions on the Site or associated social media platforms. Such competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

5       Availability and cancellation

(a)    All purchases made through the Site are subject to availability. We do our best to keep the goods and artwork in stock and to keep the Site up to date with the availability of goods and artwork.

(b)    We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the goods or artwork you order (for example for an event beyond our reasonable control) or if the goods or artwork ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.

6       Delivery, title and risk

(a)      If possible, we will deliver the artwork or goods to the delivery address you provide when making your order. We cannot deliver to PO boxes.

(b)     Where we determine the artwork or goods are large, of a high value or fragile, we may notify you of this and require you to arrange your own pick up or delivery.

(c)     Where the artist holds the artwork or goods, they will be responsible for arranging the shipping and delivery (including any delivery costs) of the artwork or goods directly with you.  You will be advised if this is applicable at the time you place an order.

(d)    We currently deliver to areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area, please contact us to discuss delivery options.

(e)    Delivery costs are set out on the Site.

(f)     We normally dispatch goods or artwork within 1-2 working days of receiving an order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.

(g)    We may deliver the artwork or goods using a range of delivery methods such as New Zealand Post. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, the delivery company will generally deliver the artwork to your nearest post office.

(h)    Title to the artwork or goods will remain with us until you have paid us the Price in full in accordance with the Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the artwork.

(i)     Risk in the artwork or goods will pass to you as soon as they are delivered to the delivery address you provided in your order.

(j)     Where you are required to arrange your own pick up or delivery of the artwork in accordance with clause 6(b), risk in the goods or artwork will pass to you as soon as you (or your designated courier company) collect the goods or artwork form our premises.

(k)    Once risk in the artwork or goods passes, you will be solely responsible for them.

 

7       Returns

Change of mind returns

(a)    We do not accept returns for change of mind or other circumstances.

New Zealand consumer laws

(b)    If you are in New Zealand and a consumer of products or services, you may have certain rights and/or remedies under the New Zealand Consumer Guarantees Act 1993. When a guarantee under the Consumer Guarantees Act 1993 is breached, you may be entitled to a range of remedies. For the avoidance of doubt, nothing in these Terms is intended to exclude, restrict or modify a consumer’s rights under the New Zealand Consumer Guarantees Act 1993.

(c)     You agree and acknowledge that if you are in trade and acquire, or hold yourself out as acquiring, the artwork for business purposes in terms of section 43(2) of the CGA, then the CGA does not apply and that its non-application is fair and reasonable.

8       Intellectual property

(a)    All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with these Terms and the artwork) will at all times vest, or remain vested, in us or the artist who created the artwork.

(b)    You must not, without our, or the relevant artist’s prior written consent:

(1)         copy or use, in whole or in part, any of our or their intellectual property;

(2)         reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our or their intellectual property to any third party; or

(3)         breach any intellectual property rights connected with the Site or the artwork, including (without limitation) altering or modifying any of our or their intellectual property; causing any of our or their intellectual property to be framed or embedded in another website; or creating derivative works from any of our or their intellectual property.

9       Limitations

(a)          Despite anything to the contrary, to the maximum extent permitted by law:

(1)         our maximum aggregate liability arising from or in connection with these Terms (including the goods) will be limited to, and must not exceed, the portion of the Price paid by you to us for the goods the subject of the relevant claim.

(b)         Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:

(1)         loss of, or damage to, the products, or any injury or loss to any person (subject to your rights under the CGA);

(2)         liability which you may suffer or incur in relation to your arrangements with an artist for the shipping and delivery of the artwork or goods where the artist is responsible for shipping and delivery;

(3)         failure or delay in providing the products; or

(4)         breach of the Terms or any law, where caused or contributed to by any:

(A)        event or circumstance beyond our reasonable control; or

(B)        act or omission of you or your related parties,

and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction

in, any anticipated result, outcome or benefit) with respect to the products.

(c)     Where applicable, we are selling artwork on behalf of artists. Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable in connection with these Terms or the artwork in any way.  

10    Collection Notice

(a)    We collect personal information about you in order to enable you to access and use the Site, to contact and communicate with you, to respond to your enquiries, to process and dispatch your orders and for other purposes set out in our Privacy Policy.

(b)    We may disclose that information to third party service providers who help us deliver our services (including our delivery company, inventory management software, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our artwork to you.  In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside New Zealand.

(c)     Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process. 

(d)    By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.

11    General

(a)    Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

(b)    Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(c)     Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.

(d)    Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.

(e)    Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

(f)     Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.

(g)    Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(h)    Entire Agreement: These Terms contain the entire understanding and agreement between you and us in respect of their subject matter.

(i)     Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

(j)     Governing law: These Terms are governed by the laws of New Zealand. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New Zealand. The Site may be accessed in New Zealand and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of New Zealand. If you access the Site from outside New Zealand, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.

 

For any questions and notices, please contact us at:

The Arts Hole Limited (NZCN 8860710)

Email: hello@theartshole.co.nz

Last update: 5 December 2023

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