Terms & Conditions
Welcome to the Artstart Website (“the Website”). By visiting the website and engaging our services you unconditionally agree (or are deemed to acknowledge and agree) to the following Terms and Conditions, and any additional Terms and Conditions linked by hyperlink.
1. GOVERNING LAW
Any action brought against The Artstart Foundation (“Artstart”) is to be brought under New Zealand Law. These Terms and Conditions herein including those hyperlinked, are governed by New Zealand Law. Artstart will comply with its obligations under the Consumer Guarantees Act 1993 and the Fair Trading Act
1986.
2. DEFINITIONS
2.1 Artwork(s): means any work whether original or limited edition, that falls within the definition of artistic works and at Section 2 of the Copyright Act 1994.
2.2 Royalty (if applicable): The amount payable to the Artist for the sale of each piece of work.
2.3 Intellectual Property: The intangible held by Artstart including trademarks, patents, registered designs, copyright, and any other images displayed on Artstart website.
2.4 Damage: Includes direct, indirect, special and consequential damage.
3. LIMITATION OF LIABILITY
Artstart does not accept liability or provide a warranty for any of the following:
3.1 Artwork dimensions. The dimensions listed in the listing document provide a good guide to the size of the finished print, however they may not be 100% accurate as certain prints are trimmed by hand or have special finishes like deckled edges.
3.2 The colour of the prints which may vary compared to what is displayed on the website. This can occur due to a wide range of factors such as monitoring settings, computer hardware, colour bits depth and numerous other reasons.
4. CURRENCY
4.1 All prices are in New Zealand currency ($NZD).
4.2 All sales are GST inclusive unless otherwise specified.
5. PRICES
5.1 Prices are subject to change without notice.
5.2 Our prices are exclusive of import/export taxes (if applicable). Additional charges may apply.
6. RETURNS/REFUNDS POLICY
6.1 All sales are final. No Refunds/Returns will not be given/accepted for change of mind.
6.2 Artstart will honour its obligations under the Consumer Guarantees
At 1993.
7. SHIPPING
7.1 Artstart offers registered shipping New Zealand wide. All orders are shipping via Aramex Couriers. Insurance is an optional extra upon request. Additional charges may be incurred for rural deliveries.
7.2 A tracking number can be provided upon request if your order has not arrived within the estimates timeframe below. For orders within New Zealand please allow up to five (5) working days for delivery for unframed prints and ten (10) working days for delivery of framed prints. Note for rural delivery please allow an extra three (3) working days.
7.3 Artstart uses third party shipping companies and accepts no liability for delays or damage. The time frames referred to in Clause 7.2 herein are indicative and are by no means guaranteed.
8. INTELLECTUAL PROPERTY
8.1 Artstart owns all intellectual property on the Website.
Intellectual Property on the Website cannot be reproduced except without the written permission of Artstart. Any request for the use of images or any other intellectual property owned by Artstart or in use on the website must be made in writing. Justification as to why the applicant wishes to use the images must also be given.
8.2 Upon receiving written notice referred to in Clause 8.1 herein, Artstart will contact the Applicant informing them of whether they are willing to allow reproduction of images. Any unauthorised reproduction will result in legal proceedings being brought against the offending party.
9. NOTIFY US
9.1 Any correspondence to Artstart must be via the following email address: hello@artstart.co.nz.
10. THIRD PARTY WEBSITES ADVERTISING ACTIVITIES
10.1 Artstart may allow third party websites, and advertisements to be linked to the website. Artstart accepts no liability for any damage occurring. You enter a third parties website at your own risk, and are bound by their Terms and Conditions. Artstart does not necessarily endorse the third parties products or services.
11. PERSONAL INFORMATION
11.1 Personal information will be treated in accordance with our Privacy Policy.
12. SEVERABILITY
12.1 In the event that one of the clauses herein is deemed illegal or unenforceable the remaining clauses will remain in full effect.
13. INDEMNITY
13.1 You agree to indemnify and hold harmless Artstart for any damage arising from use of the website (in any capacity).