Terms & Conditions

Acceptance of terms

These Terms and Conditions ("Terms") govern the supply of goods and services ("Products") Sofia Minson Fine Art Prints Ltd trading as NewZealandArtwork.com ("we", "us", "our"), your use of our website which is available at www.newzealandartwork.com ("Site", "Online Store") and any of our social media platforms ("Platforms").

By purchasing our Products and accessing or using our Site or Platforms, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree with any provision of these Terms, you should discontinue the use of our Site and Platforms immediately.

We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

1. Licence to use Our Site

We grant you a non-exclusive, royalty free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without written consent.

2. Prices

Our prices are stated in New Zealand Dollars (NZD) and exclude GST. However, for our New Zealand customers, we provide a discount equivalent to the value of the GST, ensuring that the GST inclusive price remains the same as the quoted price.

We value our international customers and want to make the purchasing process as transparent as possible. Orders placed outside of New Zealand do not include GST. Any applicable customs or duties taxes imposed by your country will be your responsibility. Please ensure that you are aware of and comply with the import regulations and tax requirements of your destination country. If you have any questions, feel free to contact our customer support team for assistance.

All prices exclude delivery charges. Please view our shipping FAQ for prices.

Prices for our Products are subject to change without notice.

3. Accepted Payment Methods

We accept the following payment methods:

Visa
Mastercard
Amex
Afterpay
Laybuy

4. Credit Card Security

We utilise the services of Stripe, a trusted third-party payment processor, to securely handle credit card transactions on our Site. Stripe is responsible for collecting, processing, and storing your credit card information. As a third-party processor, Stripe has its own terms of service and privacy policy that govern the handling and storage of your payment information. We encourage you to review Stripe's privacy policy and terms of service to understand how they handle your payment information https://stripe.com/nz/checkout/legal

5. Online Store Terms

To make a purchase from our Online Store you must be 18 years of age or over. By placing an order, you represent and warrant that you meet these eligibility requirements. We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

5.1 Ownership of Artwork

The fine art prints, books, and other Products available for purchase from our Online Store are original works of art protected by intellectual property laws. When you purchase a fine art print, or other Product, you acquire ownership of the physical item, but not the underlying intellectual property rights. The artist retains all rights to the artwork, including reproduction rights and any associated copyrights.

5.2 Usage Restrictions

By purchasing a fine art print, book, or other Product, you agree to respect and abide by the artist's intellectual property rights. You may not reproduce, distribute, modify, or create derivative works without the express written permission of the artist or copyright holder.

5.3 Copyright Notice

The fine art prints, books and other Products may contain copyright notices or artist attributions. You agree not to remove, alter, or obscure any copyright notices or other proprietary markings on the purchased items.

5.4 Prohibited Resale or Commercial Use

The fine art prints, books, and other Products offered for sale from our Online Store are intended for personal use only. Unauthorised resale, commercial use, or distribution of the purchased items without explicit written permission from us is strictly prohibited. This clause applies solely to unauthorised resellers who do not have a designated authorised relationship with us.

We do work with designated authorised resellers and distributors who have entered into formal agreements with us. These authorised resellers and distributors are permitted to engage in commercial activities related to the resale of our Products as outlined in their respective agreements.

Any unauthorised commercial use or resale by individuals or entities not included in our designated authorised reseller or distributor network may result in legal action being taken against them.

If you are interested in becoming an authorised reseller or distributor, please contact us to discuss potential collaboration and obtain the necessary permissions and agreements.

We reserve the right to enforce this clause and take appropriate action against any unauthorised resellers or individuals engaged in prohibited commercial activities without our explicit written permission.

6. Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, unauthorised resellers or unauthorised distributors.

An invoice will be emailed to you at the email address that you supply when you place your order. We recommend that you review your order confirmation and invoice carefully to ensure that all contact details, including the delivery address, are accurate. If you notice any errors or need to make changes to the delivery information after placing the order, please contact our customer support team as soon as possible. We will make reasonable efforts to assist you, but we cannot guarantee that changes can be accommodated after the order has been processed or shipped.

Please note that it is your responsibility to ensure the accuracy and completeness of the delivery information you provide when placing an order. If your order is sent to an incorrect address due to inaccurate information provided by you, we cannot be held responsible and additional charges may apply for redirection or reshipment.

By proceeding with the purchase, you acknowledge and accept that you are responsible for providing accurate and up-to-date delivery information. We appreciate your cooperation in ensuring a smooth and successful delivery process.

7. Availability and Supply

All orders are subject to availability of Products. If for any reason a Product is not available, we will endeavour to update this on our Online Store.

8. Products

We have made every effort to display as accurately as possible the colours and images of our Products that appear on our Online Store. We cannot guarantee that your computer monitor's display of any colour will be accurate. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time.

9. Gift Certificates

a) All gift certificates that are purchased through our Online Store can be used to purchase any artwork or Product for sale on our Site. The Product purchased must be of equal or greater value than the gift certificate. All Products are exclusive of shipping and gift certificates do not cover the shipping of any Products.

b) Gift certificates are valid from 12 months from the date of purchase and are non-refundable.

c) Gift certificates are processed between 8:30am and 5pm NZ standard time Monday to Friday excluding public holidays. The Gift certificate will be sent to the email address used and specified at purchase.

10. Returns

a) We do not offer refunds or exchanges for purchases made due to a change of mind. We encourage you to consider your purchase carefully before completing your order.

b) In accordance with the New Zealand Consumer Guarantees Act 1993, if the Product you receive is faulty, damaged, or not as described, you are entitled to a refund or exchange.

c) If you believe that the Product you received is faulty or does not meet the stated description, please notify us within 7 days from the date of delivery. You may be required to provide supporting evidence, such as photographs or detailed descriptions, to assist us in assessing the issue.

d) If your claim regarding a faulty Product is deemed valid, we will offer you the option of either a refund or an exchange for the faulty Product. The resolution will depend on the nature of the issue, Product availability, and your preference. We will work with you to find a satisfactory solution.

e) In some cases, we may request that you return the faulty Product to us for further assessment. If a return is necessary, we will provide you with instructions and, where applicable, cover the cost of return shipping.

f) If a refund is approved for a faulty Product, we will process the refund using the original payment method used for the purchase. Please note that the time required for the refund to be reflected in your account may vary depending on your financial institution.

g) This refund policy does not affect any other rights you may have under the New Zealand Consumer Guarantees Act 1993 or other applicable laws.

h) Where you acquire or hold yourself out as acquiring Products from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties, and guarantees set out in the Sales of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these Terms.

11. Delivery

We deliver domestically and internationally.

The cost of delivery is stated on our Site shipping FAQ page and a total delivery cost will be provided in the order summary in your online shopping basket.

We will use all reasonable endeavours to ensure that orders will be dispatched promptly after an order has been placed.

Please refer to our shipping FAQ and support pages for shipping information.

12. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy

13. Intellectual Property

a) All content available on this Site, including digital images of art, book descriptions, text, logos, designs, graphics, and any other materials (collectively referred to as "Content"), are protected by intellectual property laws and are the exclusive property of Sofia Minson. The Content is protected by copyright, trademark, and other intellectual property rights.

b) By accessing and using this Site, you are granted a limited, non-exclusive, and non-transferable license to view the Content solely for personal, non-commercial purposes related to your interaction with the website. This license does not grant you any rights to modify, reproduce, distribute, publicly display, or create derivative works of the Content without our express written consent.

c) The trademarks, service marks, logos, and trade names displayed on this Site are the registered or unregistered trademarks of Sofia Minson. You are prohibited from using these trademarks or any confusingly similar marks without obtaining prior written permission from NewZealandArtwork.com.

d) You agree not to engage in any activities that may infringe upon the intellectual property rights of NewZealandArtwork.com. This includes but is not limited to copying, reproducing, modifying, distributing, displaying, or exploiting the Content without prior written permission.

14. User Content

You may be permitted to post, upload, publish, submit, or transmit relevant information and content ("User Content") on our Site and/or our social media Platforms. By making available any User Content on or through our Site and/or Platforms, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site and/or Platforms.

You agree that you are solely responsible for all User Content that you make available on or through our Site and/or Platforms. You represent and warrant that:

a) You are either the sole and exclusive owner of all User Content or you have all rights, licences, consents, and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

b) Neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site and/or Platform will infringe, misappropriate, or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

c) We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

15. Third Party Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

16. Third-Party Links

Certain content, products, and services available via our Site may include materials from third parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

17. Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

18. Errors, Inaccuracies and Omissions

Occasionally there may be information on our Site that contains inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.

19. Prohibited Conduct

You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which We would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

a) Anything that would constitute a breach of an individual's privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

b) Using our Site to defame, harass, threaten, menace or offend any person;

c) Interfering with any user using our Site;

d) Tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

e) Using our Site to send unsolicited email messages; or

f) Facilitating or assisting a third party to do any of the above acts.

20. Discontinuance

We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

21. Warranties and Disclaimers

a) We do not guarantee, represent, or warrant that your use of our Site will be uninterrupted, timely, secure, or error-free. You agree that from time to time our Site may be unavailable or we may cancel the Site at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all Products and services delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

b) We do not guarantee that any files available for downloading from the platform will be completely free from viruses or other harmful computer code.

22. Limitation of Liability

To the maximum extent permitted by law, NewZealandArtwork.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors are not liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Site, or for any other claim related in any way to your use of the Site or any Product or service, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the Site or any content posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Our maximum liability to you (if any) shall be limited to the value of any Products supplied by us.

23. Indemnification

You agree to indemnify, defend, and hold harmless NewZealandArtwork.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including legal fees, made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party.

24. Severability

If a provision of these Terms is held to be void, invalid, illegal, or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or other provisions in these Terms.

25. No Waiver

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

26. Interpretation

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

27. Entire Agreement

These Terms and any policies or operating rules posted by us on this Site or in respect to our Online Store constitutes the entire agreement and understanding between you and us and govern your use of the Site and our Online Store, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

28. Governing Law

Your use of our Site or Products or services are governed by the laws of New Zealand. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New Zealand and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout New Zealand and internationally. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside of New Zealand. If you access our Site from outside of New Zealand, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

29. Contact

Any questions or complaints relating to these Terms, or our Products or Services should be emailed to art@sofiaminson.com.

Last Updated 8 July 2023