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Terms & Conditions – General Customer
- Introduction
NZ.OnlineArtDirect.com is a New Zealand-owned and operated online shopping platform (Platform). (You) means you, the person browsing NZ.OnlineArtDirect.com and/or purchasing Products or Services through NZ.OnlineArtDirect.com. You can use our Platform to buy a wide range of products from third party retailers, suppliers, merchants and vendors (Vendor). We connect you to Vendors, who pay us a commission for each order you make on the Platform. While we operate the Platform, when you are buying products on it, you will be transacting directly with Vendors.
By using the Platform (and any of our associated websites, apps or social media pages), you accept these terms and conditions (Agreement) and our Privacy Policy. We may change these terms at any time, and changes will be posted on the Platform. By continuing to use the Platform, you agree to be bound by any changes.
New Zealand Artist Only – This website (https://nz.onlineartdirect.com) “Platform” is for NZ artists and customers only, artists must be based in New Zealand and ship (send) from within New Zealand.
For other available countries please visit here.
To the extent that Vendors’ own terms and conditions are inconsistent with the terms and conditions in this Agreement, the terms and conditions in this Agreement will take precedence and apply.
- The Platform
2.1 Registration
You must be a registered member to place orders on the Platform. To register as a member, you must be at least 18 years old and have a current New Zealand residential address. You will also need to provide us with personal information including your name, address, valid mobile phone number and email address. You are responsible for ensuring this information is up to date at all times. One account per user.
We may disable your registration at any time if we believe that you are not using NZ.OnlineArtDirect.com in an appropriate or reasonable way.
2.2 Use of the Platform
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure. If you suspect or become aware of any unauthorised use of your account, you must notify us immediately and take immediate steps to re-secure your account.
Other than connecting to NZ.OnlineArtDirect.com through the Platform, you must not gain or attempt to gain access to NZ.OnlineArtDirect.com’s servers. You agree not to disrupt, modify or interfere with the Platform and its associated software, hardware and data in any way.
We do not warrant that the Platform will be available at all times and without disruption. We may make changes to the content on the Platform at any time without notice.
The Platform has some links to third party websites. These sites have not been prepared by us and are not under our control. Any third party links are only provided as a convenience and we are not responsible for the content or availability of any of these links.
2.3 Placing orders on the Platform
Information about products on the Platform is based on material provided by Vendors. We cannot be held responsible for incorrect information supplied by Vendors and you agree to make your own enquiries to verify information and assess the suitability of products before placing an order. We also note that due to photographic and screen limitations, some actual products may differ to a small extent in visual appearance from the way they appear on the Platform. Any information contained on our Platform (and any of our associated websites, apps or social media pages) constitutes an invitation to treat only and is not an offer by us to supply any products.
To order a product, add it to the shopping cart and proceed through the checkout process. You will be required to enter payment information, which, if successfully completed, will lead to a confirmation page (which you can use as a receipt of your order). Once you complete an order (including payment), it will be sent to the Vendor.
Please Note: Unless otherwise stated, reward programs or special discounts applicable to individual retailers do not apply to orders placed on NZ.OnlineArtDirect.com.
2.4 Cancelling Orders
We reserve the right to cancel orders that we believe to be placed for commercial purposes or are fraudulent (including where we believe there may have been credit card or a payment related fraud). We may also cancel orders where there has been an error in the listing of the product (e.g. an incorrect price). If we cancel your order, you will be refunded in full.
2.5 Pricing
All prices listed on NZ.OnlineArtDirect.com are in New Zealand dollars and are inclusive of GST (unless otherwise stated). Please note that prices may be altered on the Platform at any time for any reason. Delivery charges may be listed separately.
2.7 Payment
We currently accept the following credit cards:
- Credit Card via Stripe
- Your Order
3.1 Transacting with the Vendor
As noted above, when you order products on the Platform, you are transacting directly with Vendors. To the extent permitted by law, NZ.OnlineArtDirect.com makes no warranty or representation regarding the standard or description of any products to be supplied by the Vendors. Vendors are the ‘supplier’ of the products under the Consumer Guarantees Act 1993 and are responsible for all statutory guarantees and warranties (if any).
GST receipts will be provided by NZ.OnlineArtDirect.com, who issue tax invoices to Buyers on The Vendor’s behalf with NZ.OnlineArtDirect.com acting as The Vendor’s agent.
Other than our obligations set out in these terms, we are not liable to you for:
a. Any failure by a Vendor to supply Products or Services you have purchased;
b. Any Product or Service description error or disagreement;
c. The quality of any such Products or Services, including any product fault or safety issue;
d. Your Product orders getting lost; or
e. Any failure by a Vendor to comply with these terms and conditions, or any other legal obligation, including the Vendor’s failure to send the Products you purchased.
f. We do not undertake to monitor or verify Sellers or their Products or Services, including to verify the accuracy of their listings or the quality or suitability of Products or Services.
3.2 Delivery of your order
Delivery times are set by Vendors and therefore vary depending on which Vendor you are buying from. After placing your order, you will be able to track its progress by logging into the Platform which will either display the progress of your order, or provide a link to the relevant carrier’s site (on which you can check your order’s progress).
To ensure successful delivery, you must provide a delivery address where someone will be present during business hours. The Vendor will not be liable for late delivery where attempted delivery has occurred on or before the relevant delivery timeframe.
3.3 Returns and Refunds
All products sold on NZ.OnlineArtDirect.com are likely to come with guarantees that cannot be excluded under the Consumer Guarantees Act 1993. If you believe that you have a claim under the Consumer Guarantees Act 1993, you may have the right to a replacement or a refund. Please contact the Vendor if you believe you have the right to a replacement or refund, or if you think your goods have been damaged or lost during delivery.
- General Terms
4.1 Privacy
We are committed to protecting your privacy. By accessing and using the Platform, you consent to the collection, use, storage, and disclosure of your personal information in accordance with our Privacy Policy. When making any purchase through the Platform you acknowledge and agree that we may disclose your personal information to the relevant Vendor. Any personal information disclosed to, and used by, a Vendor is governed by that Vendor’s own privacy practices and policies. We accept no responsibility or liability for the privacy practices or policies of any Vendor.
4.2 Intellectual Property
You acknowledge that we are the sole owner or licensee of all intellectual property rights in the Platform and all products listed on it. We hold copyright in all content and elements of our website. You must not copy, alter or reproduce any product, our content or logo, or the Platform (or any part of it), nor permit any person to do so without our prior written consent.
If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display, and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Platform and developing your ideas and suggestions for improved products we provide.
4.3 Disclaimer
Nothing in this clause is intended to have the effect of restricting or modifying your rights or our obligations that cannot be restricted or modified by law (e.g. the Consumer Guarantees Act 1993). Subject to the previous sentence, NZ.OnlineArtDirect.com does not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any Vendor’s advice, opinion, information, representation or omission whether negligent or otherwise, on the Platform or your use of the Platform. You are solely responsible for the actions you take in reliance on the Vendor’s content on, or accessed through, the Platform.
You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by us arising from any claim, demand, suit, action or proceeding by any person against us where such loss or liability arose out of, in connection with or in respect of your breach of this Agreement.
4.4 General
If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
The Platform and any use of it is governed by, and is to be interpreted in accordance with, the laws of New Zealand and you and we submit to the exclusive jurisdiction of the courts of New Zealand.
4.5 Fair Use Policy
All products offered for sale on NZ.OnlineArtDirect.com, including those on sale, promotion or with any discounts on retail prices, are offered under our Fair Use Policy to users of NZ.OnlineArtDirect.com, for the purchase of goods for personal use only. We reserve the right to refuse or cancel any orders that we believe, soley by our own judgement, to be placed for commercial purposes e.g. purchases perceived to be intended for wholesale, or resale. Items on sale or promotion may be limited to one per customer. Discount limits per customer and maximum savings per customer will be monitored for any suspected abuse of policy. NZ.OnlineArtDirect.com reserves the right to cancel any orders deemed to be in conflict with these policies. If we cancel your order, you will be refunded in full and the funds returned to the purchasing account. Persistent abuse may result in suspension or termination of user account.
5. Platform Terms
5.1. We provide the Platform and the Platform’s services on an as is basis, and you use it at your own risk.
5.2. We will use reasonable efforts to ensure the Platform is available on a 24/7 basis. However, it is possible that on occasion the Platform may be unavailable to permit maintenance or other development activity to take place, or due to an event that is beyond our reasonable control.
5.3. Through the use of web services and APIs, the Platform may interoperate with a range of third party service features. We do not make any warranty or representation on the availability or performance of those features. Without limiting the previous sentence, if a third party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may, at our discretion, either replace or cease to make available that feature to you. To avoid doubt, if we exercise our right to cease the availability of a third party feature, you are not, except to the extent required by law, entitled to any refund, discount or other compensation.
6. Third-party offers
From time to time we may send you offers relating to services or products on behalf of our third-party vendors. Such offers are not offers from us, they are offers from the relevant third-party vendor and the third-party vendor’s terms and conditions and privacy policy will apply to such offers. We are not responsible for fulfilment or management of such offers and you agree that when you accept any third-party offer or engage with any third-party vendor it is at your sole risk.
7. Modification
You can review the most current version of this Agreement at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of this Agreement by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to this Agreement constitutes acceptance of those changes.
We may change, suspend, discontinue, or restrict access to, Platform and/or the Platform Services without notice or liability.
8. Personal Information
We collect a range of personal information about you in connection with your NZ.OnlineArtDirect.com membership, including your contact details, payment details, location, shopping history and preferences, membership utilisation and offer redemption. This information is collected primarily to enable us to provide you with the benefits of NZ.OnlineArtDirect.com, administer the NZ.OnlineArtDirect.com programme, and to provide you a more customised and tailored shopping experience across all of our Participating Retailers. We also use this information in an aggregated form to undertake a range of data analytics and produce insights into customer behaviour to help shape our marketing and business strategies. If you do not provide certain personal information on request, you may be ineligible for an account. We will handle your personal information in accordance with our Privacy Policy. You may request that we update or correct your personal information at any time, as further detailed in our Privacy Policy.
9. Marketing
The email address that you provide to us upon registration/order will be used by us and Participating Retailers to email you with the latest deals, NZ.OnlineArtDirect.com member offers and any NZ.OnlineArtDirect.com news or updates. We may also send you marketing and service-related messages through SMS and/or via app notifications. You may opt out of receiving promotional emails from us at any time either by clicking the unsubscribe facility in any electronic message that we send. You can also update your marketing preferences any time through your customer account via a Participating Retailer’s app or website (where available).
10. Disclaimers and Liability
Nothing in this clause is intended to have the effect of restricting or modifying your rights or our obligations that cannot be restricted or modified by law (e.g. those under the Consumer Guarantees Act 1993).
Although we take reasonable steps to help ensure the continued access to and operation of NZ.OnlineArtDirect.com programme, we cannot guarantee that it will operate un-interrupted, error free or securely and we provide no guarantee as to its availability via any Participating Retailer’s stores, app or website. We reserve the right at any time to correct any errors published in relation to offers or the NZ.OnlineArtDirect.com programme generally.
Except for any liability we may have under the Consumer Guarantees Act 1993, we do not accept any liability, direct or indirect, for any loss or damage suffered by you or any third party arising in any way out of your membership or use of the NZ.OnlineArtDirect.com, including in relation to the loss, misdirection or delay in receiving any correspondence, application or offer redemption.
You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by us arising from any claim, demand, suit, action or proceeding by any person against us where such loss or liability arose as a result of your breach of these Terms.
Neither party shall have any liability to the other for delays or failure in performance caused by any event beyond its reasonable control.
11. General
These terms are governed by the laws of New Zealand.
If any provision in these Terms is deemed invalid, void or unenforceable for any reason, that provision shall be severed from the Terms and shall not affect the validity and enforceability of any remaining provision.
By using this website (NZ.OnlineArtDirect.com) you agree to these Terms & Conditions.
12. Force Majeure
We will not be liable for any errors or delay in performing any of our obligations if such errors or delay is caused by circumstances beyond our reasonable control, including but not limited to, a failure of or interruption relating to the Internet, electricity supply, bank payment systems or postal deliveries.