Website Terms of Use

APPLICATION OF TERMS

These Terms apply to your use of the Website. By accessing and using the Website:

you agree to these Terms; and
where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.

CHANGES

We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.

We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.

These Terms were last updated on 8th October 2021

DEFINITIONS

In these Terms:

• including and similar words do not imply any limit
• Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
• Personal information means information about an identifiable, living person
• Terms means these terms and conditions titled Website Terms of Use
• Underlying System means any network, system, software, data or material that underlies or is connected to the Website
• User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website
• We, us or our means Art of Outdoors Limited
• Website means www.artofoutdoors.co.nz or www.art-of-outdoors.co.nz
• You means you or both you and the other person on whose behalf you are acting.

YOUR OBLIGATIONS

You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.

If you are given a User ID, you must keep your User ID secure and:

• not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
• immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to enquiries@artofoutdoors.co.nz.

You must:

• not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
• unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to enquiries@artofoutdoors.co.nz.co.nz.

You indemnify us against all loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.

INTELLECTUAL PROPERTY

We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.

DISCLAIMERS

To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

• the Website being unavailable (in whole or in part) or performing slowly;
• any error in, or omission from, any information made available through the Website;
• any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
• any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

We have made every reasonable effort to provide accurate and current information on this website and subsidiary websites, including pricing and product descriptions. However, we do not accept responsibility for actions taken based on the information on this website and subsidiary websites. Art of Outdoors Ltd shall not be liable for any loss suffered through the use, directly or indirectly, of information on this website and subsidiary websites.

ACCURACY AND BINDING NATURE OF INFORMATION

Before completing a transaction, you will be presented with a confirmation screen verifying the transaction details you wish to process. It is your responsibility to verify that all transaction information and other details are correct. You should print the transaction confirmation for future reference and your files. Art of Outdoors Limited shall have no liability for transactions which are incorrect as a result of inaccurate data entry in the course of ordering or for loss of data or information caused by factors outside of our control.

PRICING

All prices on the Website are in New Zealand Dollars and must be paid for in New Zealand Dollars.

All product prices include GST and exclude delivery unless otherwise stated. See our Delivery Information for more details.

We are a GST registered company. Our GST registration number is 123-877-225.

In the event of a pricing error on our Website as a result of reasons including but not limited to a technical glitch or typing error, any orders placed at the incorrect price will be void. In this event, we will notify customers of the pricing error and provide the option of cancelling the order for a full refund, or re-ordering on the Website at the correct price.

PAYMENTS

Art of Outdoors Ltd accepts payments via MasterCard, Visa and Debit Card through our online payment provider, Stripe. All payments are processed using Stripe's secure server.

Art of Outdoors Limited remains the owner of the product that we supply to you until we have received payment in full for the product and your order is confirmed. No contract for the sale and purchase of products will be formed, or variation or cancellation made, until we confirm acceptance of your order, variation, or cancellation.

Order receipts and shipping confirmations are emailed to the email address provided in the billing address section on checkout.

DELIVERY

See our Delivery Information page for full delivery terms and conditions.

CANCELLATIONS, RETURNS AND REFUNDS

Orders can be cancelled up to the point of us dispatching the order. Orders cancelled before dispatch will be refunded in full, and may be subject to a 15% admin fee at our discretion. Once your order has been dispatched it cannot be cancelled.

In the unlikely event that your sculpture arrives damaged or you are not satisfied with your purchase, please email enquiries@artofoutdoors.co.nz within 3 working days of delivery date with your order number and a photo of the sculpture as it was received. Once we have assessed, we will send you an email to notify if we agree to return, replace or refund at our discretion. Unfortunately we are unable to refund for ‘change-of-mind’ purchases. Once an order has been dispatched, shipping costs are non refundable.

If your order is approved for a refund, your order and all of its contents must be returned in the same condition in which it was received, and in the full original packaging. Refunds will only be issued once the item is received by us and deemed in an acceptable condition. Items must be returned to us within 7 days. We recommend that you send your items by recorded delivery.

Once approved for a refund, your refund will be processed and applied back to your original method of payment. We will endeavour to issue the refund within a reasonable timeframe.

Refunds, if any, will be at the entire discretion of Art of Outdoors Limited and will be subject to any specific additional terms and conditions in respect of the online transaction. It may be stated in the specific additional terms and conditions that no refund will be available. A request for a refund must be made by emailing enquiries@artofoutdoors.co.nz.

SECURITY

While we make every reasonable effort to keep information and materials on this Website secure, we are not responsible for any breach of security that is out of its control.

Our services are provided through a secure website. However, you acknowledge and agree that internet transmissions are never entirely secure or private, and that any message or information you send to us or through our Website (including credit card information) may be read or intercepted by others, even where a website has stated as being secure. Art of Outdoors Limited shall have no liability for the interception, "hacking" or other unauthorised access of information through our Website or any other website, by unauthorised third parties.

COPYRIGHT

This Website and the content on this website is owned or otherwise provided by Art of Outdoors Limited. All rights reserved ®. All material on this website, including without limitation, text, images, graphics, layout, look-and-feel and any other information contained on or in this website (collectively, "content") is subject to copyright and other proprietary rights.

Externally sourced content or material is copyright to the respective provider.

No portion of the content of this Website, or the Art of Outdoors logo(s), may be copied or used without the written permission of Art of Outdoors Limited.

LIABILITY

To the maximum extent permitted by law:

• you access and use the Website at your own risk; and
• we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

To the maximum extent permitted by law, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD150.

PRIVACY POLICY

Please read our full Privacy Policy.

SUSPENSION AND TERMINATION

Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).

On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

GENERAL

If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.

These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.

For us to waive a right under these Terms, the waiver must be in writing.

Clauses which, by their nature, are intended to survive termination of these Terms, continue in force.

If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.

You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID. If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.

SPECIFIC TERMS AND CONDITIONS

You acknowledge that certain online services made available or offered by Art of Outdoors Limited from time to time may be subject to specific additional terms and conditions. You agree to review and comply with any such additional terms and conditions. Access and use of any online service shall be deemed to constitute acceptance of any such additional terms and conditions applicable to such service. Where there is an inconsistency between the specific terms and conditions and these online services terms and conditions, the specific terms and conditions will take precedence.