terms and conditions

INTRODUCTION

The information below, together with the Privacy Policy and any linked documents, form the terms and conditions that apply to this website, defined as www.kdfineart.nz. Please read the Terms and Conditions, and other linked documents carefully prior to using this website.

This website is owned and operated by Kaye Davis Fine Art Photography. Terms such as “I”, “my”, “we”, “us” and “our” refer to the business of KD Fine Art Photography. The information, products, tools and services offered and available on or from, to you the user, are conditional on your acceptance of all terms, conditions, policies and notices specified here.

By visiting, accessing, using, browsing, or purchasing products and/or services from this website you agree to comply with, and be bound by, these terms and conditions. Should you not wish to accept these terms and conditions, please discontinue using this website.

KD Fine Art Photography, reserves the right to review, update, amend and replace these terms and conditions, policies, noticies and the disclaimer from time to time. Any such amendments will be effective immediately. There is no obligation on my part to notify you of such amendments, and it is your responsibility to refer to the Terms and Conditions, policies and notices when revisiting this website. Your continued use of or access to the website following the posting of any changes represents your acceptance of those changes.

 

WEBSITE OWNERSHIP

This Website is owned and operated by KD Fine Art Photography. All content, including and without limitation, the text, photographs (images), graphics and copyright work, will remain my exclusive property and are protected by copyright and other intellectual property laws. I am also the exclusive owner of all rights in the content, compilation, design, and layout of this Website.

 

USE OF THIS WEBSITE

Your use of this website indicates an agreement by you to all terms and conditions associated with using this website. You may access and view content provided this is in relation to using or considering to use, or purchase products and/or services provided through the Website. This agreement extends and applies to any amendments of these terms and conditions.

These terms and conditions include prohibiting your access and use of this website:
a) for any unlawful purpose;
b) to solicit other to perfom or participate in any unlawful acts;
c) to violate andy international, federal, provincial or state regulations, laws, or local ordinances:
d) to infinge upon or violate intellectual property rights of others;
e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate gased on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
f) to submit false or misleading information;
g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this website, services offered, or of any related website, other websites, or the Internet;
h) to collect or track the personal information of others;
i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
j) for any obscene or immoral purpose; or,
k) to interfere with or circumvent the security features of the website, services or any related website, other websites, or the Internet.

I reserve the right to terminate your use of the website, products, services or any related website should you violate any of the prohibited uses. KD Fine Art Photography, nor its owner, does not accept any responsibility or liability that may result in interference or damage to your computer/mobile system arising from unlawful and/or prohibited use of this website or any associated internal or external links.

If using this website or purchasing goods for business purposes, you agree that the New Zealand Consumer Guarantees Act 1993 does not apply.

 

PRODUCTS AND PRICING

Prices for my products, or services, or the products and services available, are subject to change without notice.

I reserve the right at any time to modify or discontinue a service or product (or any part or content thereof) without notice at any time, and shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the these.

Certain products and/or services may be available exclusively online through this website and may also be availabie in limited quantities, and/or be subject to return or exchange only conditions according to the Returns and Refunds Policy.

Every effort has been made to display and represent the products that appear on this website as accurately as possible. I am unable to guarantee that your computer monitor’s display of any colour will be accurate to the actual product(s) on offer.

I reserve the right, but are not obligated, to limit the sales of any products or services to any person, geographic region or jurisdiction, limit the quantities of any product, or discontinue any product or service on offer at any time. This right may be exercised on a case-by-case basis.

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Kaye Davis, photographic artist and designer. I am unable to warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service or products will be corrected.

 

SHIPPING & DELIVERIES

Free shipping is available on orders $150 and over.

All rates are in NZD and calculated at Checkout.

I am unable to take responsibility for any misplaced or unclaimed parcels.

NEW ZEALAND DELIVERIES
North Island tracked shipping – $12.00
South Island tracked shipping – $16.00
Rural delivery addresses are an additional $5 to the above rates.

You should receive your purchase within a week from the date of its dispatch (not including public holidays or weekends). Please ensure you indicate your daytime address for delivery, as a request for a second delivery will incur additional fees. Any incorrect address details provided will likely result in your package being returned to the sender, in which case you will be charged for re-delivery.

INTERNATIONAL DELIVERIES
International tracked delivery – $55.00 flat rate

I am unable to advise what customs charges may be applied to any international shipment by your country of residence and recommend getting in touch with your local customs office, so you are aware of any possible charges you may incur at your end.

Customs charges are applied at the discretion of the carrier and local laws, and all customs charges are payable by and the responsibility of you the customer. I will not cover, nor be liable for duties and taxes that may be assessed on your order when it arrives.

 

CUSTOMER ACCOUNTS

I reserve the right to refuse any order placed with KD Fine Art Photography. I may also, at my 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.

In the event of any change to or cancellation of an order, I may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was placed. I reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, unless undertaken through a contractual trade arrangement.

 

INTELLECTUAL PROPERTY

Any and all Intellectual Property Rights in connection with this website content (including, but not limited to: all text, images, data, design, logos, documents, concepts, ideas, etc.), products and/or services I market and sell remain the property of KD Fine Art Photography, in accordance with statutory law.

You may not use, copy, modify, share with third parties (whether for commercial gain or not), or produce derivative works from any content, products, services, or part thereof, as part of the intellectual property on this website, without the express written permission of KD Fine Art Photography.

When I supply you with products and/or services, this is done so for the purpose of personal use only and you may not copy, modify, sell (commercialise), or create derivative works from these.

 

ERRORS, INACCURACIES AND OMMISSIONS

There may occasionally be information on this website, or in the services and/or products offered, that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. I reserve the right to at any time correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on this and any related website is inaccurate without prior notice (including after you have submitted an order).

 

DISCLAIMERS – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

The Terms & Conditions and Privacy Policy of the www.kdfineart.nz website may change from time to time without notice. I encourage you to review these policies regularly for any changes.

KD Fine Art Photography, does not guarantee, represent or warrant that your use of our website, or services will be uninterrupted, timely, secure or error-free, as from time-to-time I may be required to remove a service for indefinite periods of time or cancel the service at any time, without notice to you.

As such, you expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service 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.

In no circumstances will KD Fine Art Photography, its owner, nor any directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be 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 any of the services or products procured through this website This also includes, or for any other claim related in any way to your use of the service or any product, 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Should you have questions about these Terms and Conditions, please email: info@kdfineart.co.nz.

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