1.1. What are these Terms about?

These terms and conditions, together with the policies expressly referred to within (Terms) govern how any artwork owned by a person registered with Art Nest NZ Ltd under these Terms to sell it (Seller, you, your) may be offered for sale and sold on the website and systems accessible at www.artnest.co.nz (Platform). Any words or expressions used in these Terms that begin with a capital letter which are not otherwise defined where they first appear shall have the meaning given to them in Clause 1.5.

Each contract for the sale of Artworks by you (Contract) shall be concluded in accordance with Clause 22.4 of the Terms and Conditions of Use (LINK), the current version of which, as amended from time to time in accordance with those Terms of Use, shall form part of these Terms. When you display Artworks for sale on our Platform you will be offering to sell these directly to a Customer, and you appoint us as your commercial agent to conclude the sale of the Artworks in accordance with the Clause 1.4 of these Terms.

1.2. Our details and how you can contact us

Art Nest’s registered office is at 17 Rangitikei Street, Whanganui, 4500 New Zealand. Our principal activity is the provision of an e-commerce website selling original Artworks for sale.

If you have any questions, concerns or complaints, you can email Art Nest at info@artnest.co.nz, use the Platform’s ‘Contact us’ page or write to us at our registered office.

As soon as we receive any complaint, action will be taken to rectify the problem. If you contact Art Nest by post or email we will reply by email. If you contact Art Nest by phone we will aim to resolve the issue immediately. If we need a little time to investigate we will let you know.

1.3. What definitions will be used in these Terms?

Please take the time to familiarise yourself with the following expressions, which will be used throughout this document as explained below:

• Listing

The page and its contents on which an Artwork is offered for sale by a Seller on the Platform.

• Content

Any text or imagery contributed to and hosted on the Platform

• Gross Sale Proceeds

The monies paid by a Customer to us under the Terms of Use with respect to the sale of an Artwork concluded via the Platform

• Net Sale Proceeds

The monies due to a Seller under these Terms with respect to the sale of an Artwork concluded via the Platform

• Customer

Any person registered with us under the Terms of Use for the purpose of purchasing Artworks on the Platform.

1.4. You appoint us as your commercial agent

You hereby authorise us to act as your commercial agent to promote your Artwork(s) for sale to Customers via the Platform (but we are not obliged to find you Customers), to conclude each Contract for the sale of your Artwork(s) between you and that Customer via the Platform as specified in Clause 22.4 of the Terms of Use and to accept payment on your behalf via the Platform in accordance with the Terms of Use. Each such Contract is between you and the Customer only. We are not a party to that Contract and we are neither the buyer nor the seller (or reseller) of the Artwork(s) that you offer for sale. We are not the Customer’s agent for any purpose. You, and not us, are responsible for performing the obligations under the terms of any Contract between you and a Customer. You are the seller of record for all your Contracts, but the Customer pays us via the Platform for the relevant sales. The Customer’s obligation to pay for any Artwork(s) under each Contract with you is satisfied when that Customer properly pays us for the Artwork(s) via the Platform. Because we conclude the sale on your behalf and the Customer’s payment to us satisfies the Customer’s obligation to pay for the Artwork(s), our name will appear on the Customer’s payment card statement (which may also display the Seller’s name). You must dispatch or arrange for the dispatch of the Artwork(s) you have sold after receiving notification of the Customer’s order. Customers may only pay for Artwork(s) they purchase via the Platform by making a payment to us and you must not invoice any Customer, or obtain payment, outside the Platform. Any refunds to Customers may only be initiated via the Platform. We may in our sole discretion investigate or decline to process any transaction involving any Artwork(s) purchased via the Platform.

Except as otherwise expressly provided in these Terms, we are not the agent, intermediary or other representative of the Seller. We are not a fiduciary or trustee of the Seller.

1.5. Are there any other policies or terms I should read?

The below is a list of all documents and policies referred to in these terms, which should be read carefully. You will find links to these policies under FAQS, and Policies in the contributor Portal link on the home page.

Payment Policy

Customer Returns Policy

Packaging and Delivery Guidlines

Artwork Quality Guidelines

Image Display guidelines

Privacy Policy

Terms of Use

Art Nest reserves the right to alter these Terms or other Platform policies at any time, so please review them often to ensure you are aware of any changes. If you do not agree to all the following terms you should not use this Platform.

1.6. By which laws are these Terms governed?

These Terms are governed by the laws of New Zealand and you agree to submit to the exclusive jurisdiction of the courts of New Zealand with respect to your relationship with Art Nest NZ Ltd.

It is your responsibility to comply with all laws applying to online conduct and admissible content in the locality from which you operate. It is your responsibility to adhere to all applicable tax requirements for sales made to users on the Platform.

2. CONTENT AND ELIGIBILITY

2.1. What requirements must I meet to be eligible to sell on the Platform?

You must be over 18 years of age to become a Seller on Art Nest. By accepting these Terms you represent and warrant that you are at least 18 years of age.

You additionally warrant that all information you provide to Art Nest, including but not limited to your name, tax status, and country of residence, is accurate, truthful and kept up to date subject to any change.

2.2. What is the status of my account on the Platform?

When we accept your application to register on the Platform as a Seller, we set up a data account for you in our systems ( Seller Account) that includes your details of each of your Artwork sales (Sale) and issue you with certain credentials with which to log-in to your Seller Account (Passcodes). The Seller Account does not hold any funds.

Each time you seek to access the Seller Account we will ask for Passcodes. As long as the correct Passcodes are entered, we will assume that you are the person giving instructions and you will be liable for them, except to the extent provided for in this clause 2.2. You must therefore keep the Passcodes secret and make sure that they are not stored in a way that enables others to impersonate you. If you disclose the Passcodes to any person that you authorise to access the Seller Account, you are also responsible and liable for any access, use or misuse or disclosure of your Passcodes or Seller Account by such person.

We can refuse to act on any instruction that we believe: (i) was unclear; (ii) was not given by you; or (iii) might cause us to breach a legal or other duty; or (iv) if we believe the Platform is being used for an illegal purpose.

Unless and until you notify us by email  that you believe someone else knows the Passcodes or can use the Seller Account by impersonating you:

• (a) you will be responsible for any instruction which we receive and act on, even if it was not given by you; and
• (b) we will not be responsible for any unauthorised access to confidential information about you in the Seller Account.

We will do all that the Service Provider reasonably can to prevent unauthorised access to Seller Account.

You, not us, shall be responsible for (a) compiling and retaining permanent records of all Sales and other data associated with the Seller Account and your use of the Platform, and (b) reconciling all payments in relation to the Sales. Upon the termination of these Terms for any reason, we shall have no obligation to you to store, retain, report, or otherwise provide any copies of, or access to, any records, documentation or other information in connection with any Sales or the Seller Account.

2.3 Must I be the creator of the Artworks I upload?

You warrant that you are the creator and sole and exclusive owner of all Artworks displayed on Art Nest or are consignor of such Artworks as directly authorised by their creator.

You additionally warrant that you have obtained all clearances, and acknowledge that you shall be solely responsible for all costs and expenses related to third party rights necessary for display and sale of Artworks on the Platform.

2.4. What restrictions apply to the Artworks I may sell on the Platform?

All Artworks must be Original works only. All Original Artworks must be signed by their creator or accompanied by a certificate of authenticity signed by their creator.

All images must be watermarked with the artists signature.

2.5. What restrictions apply to the Content I may upload to the Platform?

You acknowledge and agree that you are solely responsible for all Artwork Content you upload to Art Nest. You may not upload Artwork Content or any other materials which Art Nest reasonably believes to be:

• 1.offensive, including material that incites racial hatred or promotes discrimination;
• 2. obscene or pornographic; or
• 3. materials which infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Art Nest reserves the right to remove any Content or Artwork Listings from the Platform at any time in its sole discretion.

2.6 How and when are Art Nest permitted to use my content?

By registering and becoming a Seller and uploading Artwork Content you grant Art Nest a worldwide, non-exclusive, royalty-free, sublicensable right and license to access, view, use, distribute, publicly display, publicly perform and transmit your Artwork Content via online and physical sales channels (including the Platform and third party sites and platforms) in any media now known or not currently known.

This right and license is solely for the purpose of enabling Art Nest to use your content for the promotion of the Platform. Art Nest does not claim, and so may not violate, ownership rights in your Artwork Content. 

You acknowledge that the only compensation you will receive for such license, if any, will be in the form of the Net Sale Proceeds, payable only upon the sale of an Artwork through the Platform, and defined later in this document.

3. YOUR OBLIGATIONS

3.1. Am I responsible for inaccuracies in my Artwork Listings?

It is your responsibility to ensure that all Listings submitted to the Platform represent the Artworks offered for sale therein to the highest degree of accuracy possible.

Where inaccurate specifications or materially misleading images are submitted as part of Artwork Listings from which any Sale is made, Art Nest reserves the right to debit any costs associated with resulting Customer return requests from the Gross Sale Proceeds.

3.2. Are there any restrictions in place on how I may price my Artworks?

The price stated in each of your Artwork Listings ( Price) must be a reasonable reflection of the value of the Artwork offered for Sale, and must be equal to the price set for the same Artwork on any other channels through which the Artwork is sold directly or on consignment.

You authorise us to discount the Price by up to 15% in the event that Art Nest deems this necessary to conclude a Sale, based on:

• a) specific actions of a Customer at a given time (for example, first-time Purchase, cart abandonment, intention of buying multiple Artworks from you or other Sellers);
• b) seasonal events typically linked to consumer promotions (such as Valentines or Black Friday sales) targeted at specific Customer countries, regions or globally, including Platform-wide promotions.

Where a Customer introduced to you through the Platform locates your Artwork offered for sale elsewhere at a lower price either directly by yourself or by an authorised consignee, Art Nest reserves the right to adjust the Price of the Artwork on Art Nest, before or after Sale of the Artwork has been completed, to be equal to the lower price, and calculate your Net Sale Proceeds for any resulting Sales in accordance with this updated Price.

3.3. Am I responsible for fulfilling orders placed for Artworks I upload for sale?

It is your sole responsibility to arrange the packaging and shipment of Artworks for delivery to any Customers introduced to you through the Platform. It is your responsibility to research accurate shipping rates and select a preferred courier prior to listing your Artwork. Art Nest will not be liable for any losses incurred as a result of inaccurately quoted rates.

Artworks must be packaged and shipped in accordance with Art Station’s Packaging and Delivery Guidelines , Shipping Policy and the timeframe specified on your profile page. Where these requirements are not met, Art Nest reserves the right to debit any costs associated with resulting Customer return or cancellation requests from Net Sale Proceeds. Art Nest reserves the right to treat as unfulfilled any orders which have not been marked as shipped beyond the expiration of the time frame specified on your Shipping Details page.

It is your responsibility to comply with all local tax regulations with respect to any sales completed on the Platform, and to include any required documentation or invoices within packages shipped.

3.4. Can I offer custom or bespoke Artworks?

At this time Art Station only allows Artists the ability to upload completed artworks to the marketplace. Artists may NOT use the platform to offer commission services.

4. ARTSTATION’S OBLIGATIONS

4.1. How will I be notified of orders placed for my Artworks through Art Station?

When an order has been placed for one of your Artworks you will receive a confirmation notice to your nominated notification email address, inclusive of all details necessary for the dispatch of the Artwork to the Customer. You are also able to view outstanding and completed orders from your Seller Dashboard.

4.2. How and when does Art Station collect payment from Customers for orders placed for my Artworks?

We will notify you by sending a confirmation notice to your nominated notification email address when a Customer places an order via the Platform under Clause 22 of the Terms of Use. You must promptly either:

• (a) dispatch the Artwork(s) specified in the order using tracked delivery method and notify us using the tool provided on the Platform that you have done so (Order Dispatch Confirmation), to enable us to send the Order Confirmation to the Customer, as required in Clause 22.4 of the Terms of Use;
• (b) notify us using the tool provided on the Platform that you are unable to supply the Artwork(s), to enable us to notify the Customer that the order will not proceed, under Clause 22.5 of the Terms of Use;

The Contract between you and the Customer will be formed when the customer places their order.

The Customer’s chosen payment method will be debited for payment for the Artwork(s) and all applicable Delivery Charges when we send the Customer the Order Confirmation under Clause 22.4 of the Terms of Use.

Payment is sent securely to Art Stations designated account separate from our own funds. Our 10% commission is subtracted from the order total and the remaining funds are sent to the Sellers designated account on the final day of the month as described in Art Stations Payment Policy. 

4.3. When will I receive my revenues for Artworks I have sold to consumers through the Platform?

Your Net Sale Proceeds will be transferred to your Nominated Payment Account immediately after purchase. Art Stations 10% commission fee will be subtracted from this payment automatically.

Art Station is entitled to withhold your Net Sale Proceeds for any given Sale if there is, or in Art Station’s reasonable opinion is likely to be, a dispute with you or a dispute between you and the Customer, until such dispute is resolved to Art Station’s reasonable satisfaction.

5. RETURNS AND DISPUTES

5.1. Am I obliged to accept requests for the return and refund of my Artworks ordered through the Platform?

By creating Artwork Listings on Art Station, you agree to offer Art Nest’s current Platform-wide  Returns and Refunds. with respect to any resulting sales. All returns requests submitted by Customers are received, processed and arranged by Art Station. You will receive immediate notice via your nominated notification email address of any approved returns requests for Artworks you have sold through Art Station, as well as a further confirmation email once a collection date and service has been arranged.

5.2. Who is liable for the cost of return shipment of Artworks under Art Station’s return policy?

At this point Art Station will not be able to reimburse outbound shipping costs originally paid by the customer. However, we will provide any transactional information, as necessary, to help you file a claim with your courier.

5.3. Who is liable for the cost of damage in transit to Artworks ordered through the Platform?

Art Station will accept no liability for damage to Artworks in transit from you to your Customer. It is solely your responsibility to ensure that you package your Artworks sufficiently and ship them via a service that will minimise the likelihood of damage.

You acknowledge that any postage or shipping guidance provided by Art Station in the form of help articles or support correspondence comes with no guarantee of safe transit if followed. If you do not secure transit insurance for any Artwork before shipping it, you do so solely at your own risk.

5.4. Who is liable for the cost of Artworks ordered through the Platform lost in transit?

Art Station will accept no liability for Artworks lost in transit on their way to your Customer. If you do not send your Artworks via a traceable method of shipment, you do so at your own risk and Art Station reserves the right to issue a full and immediate refund to the Customer on notice of non-delivery within the estimated timeframe.

5.5. Will I be reimbursed for outbound shipping costs for Artworks returned to me?

At this point Art Station will not be able to reimburse outbound shipping costs originally paid by the customer.

6. FEES AND PAYMENTS

6.1 Are there any upfront fees charged on opening an account on Art Station?

There are no upfront fees when registering an account or listing artwork on Art Station.

When your Artwork is sold to a Customer introduced to you through Art Station, Art Station is entitled to charge the commission and fees, plus GST.

6.2. When is Art Station entitled to take commission on a sale of one of my Artworks?

You must pay us the Commission on any sale of your Artwork or Artworks to any Customer first introduced to your Artworks, or with whom you have first made contact, via the Platform. We will deduct our Commission from the Gross Sale Proceeds for that Artwork in accordance with Clause 6.3 of these Terms. Any attempts to complete sales or any other monetary transactions initiated on the Platform outside of the Platform are strictly prohibited, and will result in the suspension or closure of your Seller Account.

In any case where Art Station reasonably believes a sale or monetary transaction initiated on the Platform to have been completed outside of the Platform, Art Station reserves the right to debit any costs associated with resulting customer return requests from any Net Sale Proceeds due to you.

6.3. How much revenue will I receive from sales completed through the Platform?

Art Station deducts Commission and Fees from the Gross Sale Proceeds on a percentage basis in relation to Sales completed through the Platform. In the event of any change to the Commission and Fees Policy, Art Station will provide with at least 14 day’s notice by posting the changes on the Platform. Your Net Sale Proceeds for any given Sale is the Gross Sale Proceeds based on the Price at which the relevant Artwork(s) is sold under the Contract, less the total Commission, Fees and taxes due in relation to the Sale and any discount that you have offered (or authorised Art Station to offer under Clause 3.2), to the relevant Customer. Unless offered pursuant to your authority under Clause 3.2 or otherwise expressly agreed by you, any Platform-wide discounts and promotions offered to Customers on the Platform will be absorbed by Art Station in full and not affect in any way your Net Sale Proceeds.

6.4. How will revenues for orders of my Artworks be transferred to me?

You shall open and maintain in your name a payment account with a duly authorised payment services provider to receive payments from customers and include the details of it on the payments page in your Seller Account ( Nominated Payment Account).

Your Net Sale Proceeds will be transferred to your Nominated Payment Account after the sale of your artwork. It is your responsibility to ensure that all dispatched orders are marked as shipped on your Orders page. Your Net Sale Proceeds for any given order will not be transferred until these requirements have been satisfied with respect to that order.

7. TERMINATION AND ACCOUNT CANCELLATION

7.1. Under what conditions may this agreement be terminated?

Art Station may, in its sole discretion, terminate this agreement, access to the Platform without notice to you. Upon termination, all rights and obligations will be extinguished other than such rights and obligations which are necessary to process any orders placed prior to such termination.

7.2. How can I cancel my Art Station account?

You may request deletion of your Art Station Account from your user settings page or by contacting us from the contact page on the platform. On receiving notice of your cancellation request, we will endeavour to remove your Seller shop from the Platform within 2 working days.

8. FURTHER PROVISIONS

8.1. Website Usage

In no event will Art Station be liable for any damages arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use, or inability to use this Platform. We make no warranty that this Platform or the server that makes it available is free of viruses or bugs.

Throughout the Platform, you may find links to third party websites. Please note that Art Station is not responsible for the privacy policies or content of third party sites.

8.2. User Data

To the extent that personal data is supplied by users to Art Station, such data shall be owned by Art Station and subject to the then effective Privacy Policy of Art Station, the Data Protection Act 1998 and any other applicable law or regulation in the relevant jurisdiction. Where you receive personal data from users of the Platform, you will comply with all applicable law and regulation, the Art Station Privacy Policy and all other instructions of Art Station.

8.3. Liability

Art Station is a venue and provides an online marketplace and gallery only.

The Platform are provided on an “as is” basis. Art Station makes no representations or warranties of any kind to you relating to the Platform to the fullest extent permitted by law.

Art Station shall not be liable for any damages of any kind including without limitation, direct, indirect, incidental, punitive and consequential losses (including loss of profits and loss of data) arising out of these Terms or use of the Platform, provided that nothing in these Terms shall exclude or limit liability for death or personal injury arising as a result of negligence, fraud or any other liability which may not be excluded or limited by law.

Without limiting the foregoing, Art Station’s total and aggregate liability to you shall in no event exceed the total amounts actually received by you in any calendar year in connection with a sale of Artwork through the Platform.

You hereby indemnify Art Station and keep Art Station and its group companies, third party sellers, directors, shareholders and employees at all times fully and effectively indemnified from and against all actions, proceedings, claims, demands, costs (including, but not limited to, legal costs of Art Station), awards and damages however arising as a result of any breach or non-performance by you of any of the undertakings, warranties, representations or obligations under these Terms or otherwise arising from a transaction between you and a consumer or your use of the Platform.

8.4. General

These Terms do not create any right enforceable by any person who is not a party to them under the Contracts (Rights of Third Parties) Act 1999.

Save for as expressly referred to in these Terms, these Terms contain the full and complete understanding between the parties and supersedes all prior arrangements and understandings, whether written or oral, pertaining to the subject matter of these Terms.

These Terms shall not be deemed to constitute a partnership, joint venture, contract or relationship of employment between the parties.

These Terms and any non-contractual obligations or liabilities arising out of or in connection with these Terms shall be governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of New Zealand’s courts.

Terms of Use

Terms of Use

INTRODUCTION

This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which products (Products) listed on our website accessible at https://artnest.co.nz/ (Platform) are sold to you. These Terms will apply to any contract for the sale of Products to you (Contract). When you purchase Products on our Platform you will purchase these from a third party seller (Seller). It is clearly identified under the Product information which seller you purchase a Product from.

If you purchase Products from a Seller Parts A and C below will apply.

Please read these Terms carefully and make sure that you understand them, before ordering any Product(s) from our Platform. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it. Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our Platform. You should print a copy of these Terms or save them to your computer for future reference. We amend these Terms from time to time as set out in clause 7 in Part A below. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 18th January 2018. These Terms, and any Contract between us, are only in the English language.

PART A

1. INFORMATION ABOUT US

1.1 We operate the Platform. We are Art Nest NZ Ltd. Our contact details are:

Art Nest NZ Ltd

17 Rangitikei St

Whanganui
New Zealand

info@artnest.co.nz
+64 0277844647

1.2 A user must be a member to purchase products (Customer). A user must apply to register to become a Customer.

1. THE PRODUCTS

2.1 The images of the Products on our Platform are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images and the depiction of Products with accessories, e.g. frames may be used for illustrative purposes only. You are advised to check that the Product you would like to purchase includes such accessories or not before placing the order.

2.2 The packaging of the Products may vary from that shown on images on our Platform.

2.3 All Products shown on our Platform are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process that order.

1. USE OF OUR SITE

3.1 Your use of our Platform is governed by these Terms. Please take the time to read these, as they include important terms which apply to you.

1. HOW WE USE YOUR PERSONAL INFORMATION

4.1 We only use your personal information in accordance with our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

1. IF YOU ARE A CONSUMER

This clause 5 applies if you are a consumer.

5.1 If you are a consumer, you may only purchase Products from our Platform if you are at least 18 years old.

5.2 We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.

5.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

1. IF YOU ARE A BUSINESS CUSTOMER

This clause 6 only applies if you are a business.

6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Platform to purchase Products.

6.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.

1. OUR RIGHT TO VARY THESE TERMS

7.1 We may revise these Terms from time to time in the following circumstances: a) changes in how we accept payment from you; b) changes in how we conduct business; or c) changes in relevant laws and regulatory requirements.

7.2 Every time you order Products from our Platform, the Terms in force at that time will apply to the Contract.

7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

1. OUR LIABILITY IF YOU ARE A BUSINESS

This clause 8 only applies if you are a business customer.

8.1 Nothing in these Terms limit or exclude our liability for: a) death or personal injury caused by our negligence; b) fraud or fraudulent misrepresentation; or c) defective products under the Consumer Protection Act 1987.

8.2 Subject to clause 8.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: a) any loss of profits, sales, business, or revenue; b) loss or corruption of data, information or software; c) loss of business opportunity; d) loss of anticipated savings; e) loss of goodwill; or f) any indirect or consequential loss.

8.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

1. OUR LIABILITY IF YOU ARE A CONSUMER

This clause 9 only applies if you are a consumer.

9.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

9.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9.3 We do not in any way exclude or limit our liability for: a) death or personal injury caused by our negligence; b) fraud or fraudulent misrepresentation; c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and e) defective products under the Consumer Protection Act 1987.

1. EVENTS OUTSIDE CONTROL

10.1 We or the Seller will not be liable or responsible for any failure to perform, or delay in performance of, any of obligations under a Contract that is caused by an Event Outside Control. An Event Outside Control is defined below in clause 10.2.

10.2 An Event Outside Control means any act or event beyond reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

10.3 If an Event Outside Control takes place that affects the performance of the obligations: a) you will be contacted as soon as reasonably possible; and b) the obligations will be suspended and the time for performance will be extended for the duration of the Event Outside Control. Where the Event Outside Control affects delivery of Products to you, a new delivery date will be arranged with you after the Event Outside Control is over.

1. COMMUNICATIONS BETWEEN US

11.1 When we refer, in these Terms, to "in writing", this will include e-mail.

11.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail: info@artnest.co.nz. We will confirm receipt of this by contacting you in writing, normally by e-mail.

11.3 If we have to contact you or give you notice in writing, we will do so by e- mail or by pre-paid post to the address you provide to us in your order.

11.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our Platform, 48 hours after an e-mail is sent, or 15 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

1. OTHER IMPORTANT TERMS

12.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

12.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

12.3 Nothing in these Terms is intended to confer any benefit or entitlement on any person other than you and any Seller with whom you have a Contract, and no such other person shall have any rights to enforce any of these Terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

12.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

12.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

12.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our Platform and any dispute or claim arising out of or in connection with it will be governed by English law. You and we and the Seller agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

12.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We, you and the Seller agree to the exclusive jurisdiction of the courts of England and Wales.

12.8 Please contact us at: info@artnest.co.nz directly for all queries, complaints and issues that relate to the Seller’s orders, unless described otherwise in these Terms.

PART B

1. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

13.1 For the steps you need to take to place an order on our Platform.

13.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

13.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 13.4.

13.4 We will confirm our acceptance of your order to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us and you will only be formed when we send you the Dispatch Confirmation.

13.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our Platform as referred to in clause 17.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

1. YOUR CANCELLATION AND REFUND RIGHTS IF YOU ARE A CONSUMER

This clause 14 only applies if you are a consumer.

14.1 If you are a consumer, you have a legal right to cancel a Contract under The Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 during the period set out below in clause 14.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.

14.2 However, this cancellation right does not apply in the case of any made-to-measure or custom-made products

14.3 You may cancel a Contract from the date you receive the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) days in which you may cancel, starting from the day you receive the Products.

14.4 To cancel a Contract, you must contact us by using a tool provided within the Platform (within Your Orders section), or in writing by sending an e-mail to artstationnz@gmail.com. You may wish to keep a copy of your cancellation notification for your own records.

14.5 You will receive a full refund of the price you paid for the Products and any applicable Delivery Charges you paid for. We will process the refund due to you normally within 3 working days after your Product(s) has been returned or as soon as possible and, in any case, within 14 calendar days of the day on which you gave us notice of cancellation as described in clause 14.4. If you returned the Products to us because they were faulty or mis-described, please see clause 14.6.

14.6 If you have returned the Products to us under this clause 14 because they are faulty or mis-described, we will refund the price of a defective Product in full, and any applicable Delivery Charges.

14.7 We will refund you on the credit card or debit card used by you to pay.

14.8 If the Products were delivered to you: a) you must return the Products according to the instructions from the Art Station Customer Services team as soon as is reasonably practicable in its original packaging and including any certificates; b) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

14.9 Details of your legal right to cancel and an explanation of how to exercise it are provided in our Returns and Refunds.

14.10 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 14 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

1. DELIVERY

15.1 Your order will be fulfilled as soon as reasonable, unless there is an Event Outside Control (as defined in Clause 10.2), and we will provide you with a tracking number once the Products have been shipped. If we are unable to fulfil delivery because of an Event Outside Control, we will contact you.

15.2 Delivery will be completed when the Products are delivered to the address you gave us.

15.3 The Products will be your responsibility from the completion of delivery.

15.4 You own the Products once we have received payment in full, including all applicable Delivery Charges.

1. INTERNATIONAL DELIVERY

16.1 If you order Products from our Platform for delivery to an International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

16.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

16.3 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

1. PRICE OF PRODUCTS AND DELIVERY CHARGES

17.1 The prices of the Products will be as quoted on our Platform from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, clause 13.5 applies.

17.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.

17.3 The price of a Product includes GST (where applicable) at the applicable current rate chargeable in New Zealand for the time being. However, if the rate of GST changes between the date of your order and the date of delivery, we will adjust the GST you pay, unless you have already paid for the Products in full before the change in GST takes effect.

17.4 The price of a Product does not include the Delivery Charges for delivering that Product to you (Delivery Charge) unless expressly stated on the Product page. Our Delivery Charges are as quoted on our Platform from time to time. To check relevant Delivery Charges, please refer to the “Shipping” section on a respective Product page.

17.5 Our Platform contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Platform may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

17.6 We may charge you a handling fee for any order placed by you on the Platform, plus any applicable GST.

1. HOW TO PAY

18.1 You can only pay for Products using the payment method(s) displayed as available to pay for the relevant Products when you checkout.

1. OUR WARRANTY FOR THE PRODUCTS

19.1 We provide a warranty that on delivery and for a period of [12] months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 19.2.

19.2 The warranty in clause 19.1 does not apply to any defect in the Products arising from: a) fair wear and tear; b) willful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; c) if you fail to operate or use the Products in accordance with its intention; d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or e) any specification provided by you.

19.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau.

PART C

This Part C to the Terms only applies to purchases that you make from Sellers. Part C is supplementary to and should be read together with Part A of the Terms. In the event of any inconsistency between this Part C and Part A, this Part C will prevail.

1. OUR ROLE

20.1 Where you purchase Products offered by a Seller via the Platform, a Contract is concluded between you and that Seller via the Platform as specified in Clause 22.4. We are not a party to that Contract, but each Seller authorises us as its commercial agent to promote the Seller’s Product(s), to conclude the sale of its Product(s) under the terms of each Contract and to accept payment on that Seller’s behalf, in accordance with these Terms via the Platform. In this limited capacity, we are neither the buyer nor the seller (or reseller) of the Product(s) that the Seller offers for sale. We are not your agent for any purpose. The Seller, and not us, is responsible for performing the obligations under the terms of any Contract between you and a Seller. Each Seller is the seller of record for all sales by that Seller to you via the Platform, but you pay us via the Platform for any Product(s) that you purchase. Your obligation to pay for any Product(s) is satisfied when you properly pay us for the Product(s) via the Platform. Because we conclude the sale on behalf of the Seller and your payment to us satisfies your obligation to pay for the Product(s) you purchase from the Seller, our name will appear on your payment card statement (which may also display the Seller’s name). The Seller will dispatch or arrange for the dispatch of the Product(s) you have purchased after receiving our notification of your order. You may only pay for Product(s) via the Platform and the Seller must not invoice you outside the Platform. Any refunds may only be initiated to you via the Platform. We may in our sole discretion investigate or decline to process any transaction involving any Product(s) purchased via the Platform. We do not charge you any fee for the Platform (other than the Service Fee referred to in Clause 17.6). We charge Sellers for acting on their behalf in the limited capacity described above.

20.2Except as otherwise expressly provided in these Terms, we are not the agent, intermediary or other representative of the Seller. We are not a fiduciary or trustee of the Sellers.

20.3 We have no responsibility to you in relation to your order from a Seller or any Seller Products, except as expressly set out in Parts A and C of these Terms.

1. PRICES, DELIVERY CHARGES AND SERVICE FEE

21.1 The prices of the Products will be as quoted on our Platform from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 22.5 in this Part C for what happens in this event.

21.2 Prices for the Products may change from time to time, but changes will not affect any order already confirmed.

21.3 The price of a Product includes GST (where applicable) at the applicable current rate chargeable in New Zealand for the time being. However, if the rate of GST changes between the date of your order and the date of delivery, the GST you pay will be adjusted, unless you have already paid for the Products in full before the change in GST takes effect.

21.4 The price of a Product does not include Delivery Charges. Delivery charges are as quoted on our Platform from time to time. To check relevant Delivery Charges, please refer to the Delivery Charges .

21.5 Our Platform contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Platform may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order with the Seller until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, the Seller do not have to provide the Products to you at the incorrect (lower) price.

21.6 All Products shown on our Platform are subject to availability. We will inform you by e-mail as soon as possible if the Seller is unable to fulfil your order.

1. HOW THE CONTRACT IS FORMED BETWEEN YOU AND THE SELLER

22.1 For questions regarding placing an order on our Platform.

22.2 The order process allows you to check and amend any errors before submitting your order to Seller. Please take the time to read and check your order at each page of the order process.

22.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order on behalf of the Seller. However, please note that this does not mean that your order has been accepted by the Seller or by us. The Seller’s acceptance of your order will take place as described in clause 22.4 in this Part A.

22.4 We will on behalf of the Seller confirm the Seller’s acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Order Confirmation). The Contract between the Seller and you will only be formed when we send you the Order Confirmation.

22.5 If the Seller is unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our Platform as referred to in clause 21.1 or 21.5 in this Part C, you will be informed of this by e-mail and your order will not be processed.

1. DELIVERY

23.1 Your order will be fulfilled by the Seller as soon as reasonable, unless there is an Event Outside Control, and we will provide you with a tracking number once the Products have been shipped. If the Seller is unable to fulfill delivery because of an Event Outside Control, we will contact you.

23.2 Delivery will be completed when the Products are delivered to the address you gave when making the order.

23.3 The Products will be your responsibility from the completion of delivery.

23.4 You own the Products once you have made the payment in full, including all applicable Delivery Charges.

23.5 Please note that where you purchase Products from a Seller and Products from us in the same order the Seller is responsible for delivery of the Products it has sold and we are responsible for the delivery of the Products we have sold. Therefore, delivery will be made separately and will not necessarily arrive at the same time. Note you may also be charged separate shipping costs.

1. INTERNATIONAL DELIVERY

24.1 International shipping destinations are set by the Seller. We do our best to encourage Sellers to ship worldwide, but in some cases, Sellers will only ship to a limited set of countries.

However, there are restrictions on some Products for certain International Delivery Destinations, such as oil paintings so the item may be unavailable for shipping to certain locations. .

24.2 If you order Products from our Platform for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that neither we nor the Seller have no control over these charges and cannot predict their amount.

24.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

24.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We or the Seller will not be liable or responsible if you break any such law.

1. YOUR CANCELLATION AND REFUND RIGHTS IF YOU ARE A CONSUMER

This clause 25 only applies if you are a consumer.

25.1 If you are a customer, you have a legal right to cancel your Contract with the Seller under The Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 during the period set out below in clause 9.3 in this Part C. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract with the Seller and receive a refund.

25.2 However, this cancellation right does not apply in the case of any made-to-measure or custom-made products

25.3 You may cancel a Contract from the date you receive the Order Confirmation, which is when the Contract between you and the Seller is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) days in which you may cancel, starting from the day you receive the Products.

25.4 To cancel a Contract, you must contact us by using a tool provided within the Platform (within Your Orders section), or in writing by sending an e-mail to hello@artstation.nz. You may wish to keep a copy of your cancellation notification for your own records. A member of the Art Station Customer Platforms team will then contact you regarding how to return the Products.

25.5 If you are entitled to a refund, we will refund you on the credit card or debit card used by you to pay. You will receive a full refund of the price you paid for the Products and any applicable Delivery Charges you paid.

25.6 If the Products were delivered to you: a) you must return the Products to the Seller as soon as reasonably practicable; b) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

25.7 Details of your legal right to cancel and an explanation of how to exercise it are provided in our Returns and Refunds sections.

25.8 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or this Part C.

1. HOW TO PAY

26.1 We are authorised by the Seller to accept your payment of the Price payable for your orders in accordance with our role as commercial agent for the Seller as described in Clause 20 above.

26.2 You can only pay for Products using the payment method(s) displayed as available to pay for the relevant Products when you checkout.

26.3 Your chosen payment method will only be debited for payment for the amounts payable in relation to the Products and all applicable Delivery Charges and fees when we send you the Order Confirmation under Clause 22.4 (or in relation to the deposit and later for the balance due under Clause 22.6 in relation to any custom Product(s)).

1. THE SELLER’S WARRANTY FOR THE PRODUCTS

27.1 The Seller provides a warranty that on delivery and for a period of [12] months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 27.2 in this Part C.

27.2 The warranty in clause 27.1 above does not apply to any defect in the Products arising from: a) fair wear and tear; b) willful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; c) if you fail to operate or use the Products in accordance with its intention; d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or e) any specification provided by you.

27.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

1. LIABILITY IF YOU ARE A BUSINESS

This clause 28 only applies if you are a business customer.

28.1 Nothing in these Terms limit or exclude liability for: a) death or personal injury caused by our negligence; b) fraud or fraudulent misrepresentation; or c) defective products under the Consumer Protection Act 1987.

28.2 Subject to clause 15.1 above, the Seller or we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: a) any loss of profits, sales, business, or revenue; b) loss or corruption of data, information or software; c) loss of business opportunity; d) loss of anticipated savings; e) loss of goodwill; or f) any indirect or consequential loss.

28.3 Except as expressly stated in these Terms, neither the Seller nor we give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, neither the Seller nor we will be responsible for ensuring that the Products are suitable for your purposes.

1. THE SELLER’S LIABILITY IF YOU ARE A CONSUMER

This clause 29 only applies if you are a consumer.

29.1 If the Seller fail to comply with these Terms, the Seller are responsible for loss or damage you suffer that is a foreseeable result of the Seller’s breach of these Terms or its negligence, but the Seller are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and the Seller at the time you entered into the Contract.

29.2 Products are only supplied for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and neither the Seller nor we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

29.3 Nothing in these Terms limits or excludes liability for: a) death or personal injury caused by the Seller’s negligence; b) fraud or fraudulent misrepresentation; c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and e) defective products under the Consumer Protection Act 1987.

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