NEW ZEALAND MADE ART, GIFTS & CLOTHING
1. Conditions of Use / General Conditions
Welcome to the Artmarket Website. artmarket.co.nz (The “Site”). We ask that you abide by the Terms and Conditions that follow, along with any other Terms and Conditions that may appear on the Site from time-to-time. (Collectively, the “Conditions”). Your use of the Site constitutes your agreement with the Conditions that follow and we reserve the right to revise these Conditions at any time. When we make changes, we will post them here. You agree to check this section periodically to be aware of any changes and your continued use of the site shall be considered your agreement to any modified conditions. If you do not agree to these conditions, please do not use the Site.
2. Data Protection Disclaimers / Privacy & Security
We take our responsibilities in relation to your data seriously and only want to use it to make your shopping experience at Artmarket online as safe and enjoyable as possible. Our Security and Privacy Policy has been designed for this purpose.
In summary:
We are committed to protecting your privacy. We use the information we collect on the site to enhance your overall experience with us. We do not sell, trade, or rent your personal information to others however we may share your personal information within our Team for the purposes and uses set out in this policy. If you would rather not receive any marketing emails from us, you may opt out at any time by clicking the unsubscribe link in the emails that we send to you.
What information do we collect? How do we use it?
When do we collect your personal data?
When you create an Artmarket account with us.
When you purchase a product or service in store but do not create an account with us (for example to buy items, which we need to deliver to you).
When you visit our website, and sign in to your account to buy products and services, or redeem vouchers. When you make an online purchase and check out as a guest.
When you engage with us on social media, for instance by contacting us on Facebook or visiting our Instagram page.
When you contact us for any reason, such as with queries, complaints etc.
When you enter prize draws, competitions or engage in other promotional activity with us.
When you book any kind of appointment with us or book to attend an event.
When you choose to complete any surveys we send you.
When you fill in any forms in relation to our business. We may collect personal data about you from publicly-available sources (such as the New Zealand census).
What sort of data do we collect?
If you have an Artmarket account: your name, gender, date of birth, billing/delivery address, email address, phone number, email preferences (if you complete these on our Preference Centre) that you provide directly to us, and details about your orders and receipts. If you have an online account, we’ll also keep an encrypted record of your login password, for your security.
Details of your interactions with us online. For example, we collect notes from our conversations with you, details of any complaints or comments you make, details of purchases you make and your shopping preferences, voucher redemptions, and how and when you contact us.
When you visit our website we also collect details about items viewed or added to your basket, gift list and wish list choices, brands you show interest in, which of our web pages you visit and which website you came from to ours. We collect this information through the use of cookies in your web browser although, as noted below, if you do not wish us to do so you can turn cookies off in your browser and/or delete them from your hard drive.
Encrypted payment card information when you purchase from our website.
We monitor customer traffic patterns and website usage to help us develop the design and layout of our web site.
Your social media username, if you interact with us through those channels, to help us respond to your comments, questions or feedback.
How do we use your personal data?
We will use your personal information to promote, sell and deliver our products and services to you.
We will use the postal address you provide to us to deliver the goods you purchase. (As noted below, you can opt out of receiving this marketing material at any stage.)
We’ll use your email address so we can get in touch to let you know where your online order is.
We will use your purchase history to send you or make available personalised offers.
We also combine the shopping history of many customers to identify trends and ensure we can keep up with demand, or develop new products/services. Any information automatically retrieved, such as website browsing patterns, will be used only in aggregate form, (so that no individual visitors are identified).
We use your shopping history and your personal data combined with census and other third party data to segment our Customer base and create relevant and tailored offers and experiences and to target our marketing communications.
We use member data to allow us to reach audiences in social media and through digital marketing channels.
What are your rights over your data?
Browsing:
If you would rather we did not use cookies, you can turn them off in your browser and/or delete them from your hard drive at any time. We use first- and third-party cookies together to inform, optimize, and serve ads based on individuals’ past visits to our website and, in some cases, other websites. We use Google Analytics for Display Advertising features (including Remarketing, Google Display Network Impression Reporting, and Google Analytics Demographics and Interest Reporting), together with data from Google’s Interest-based advertising or 3rd-party audience data (such as age, gender, and interests) to enhance your online experience. You can opt-out of Google Analytics for Display Advertising and customise Google Display Network ads using Google’s Ads Settings at any time.
How do we protect customer information?
As required by the Privacy Act 1993, we follow strict security procedures in the storage of personal information that we hold about you to prevent loss, as well as unauthorised access, use, modification or disclosure. For instance, we provide staff with individualised log ins and make sure staff are only given a level of access to our database that reflects the requirements of their role.
Our security procedures mean that we may occasionally request proof of identity before we are able to disclose sensitive information to you.
Will we disclose the information it collects to outside parties?
We do not sell, trade or rent your personal information to others however we may share personal information between Group members for the purpose and uses set out in this policy. We may provide aggregate statistics about our customers, sales, traffic patterns, and related site information to reputable third-party vendors, but these statistics will include no personally identifying information. When offering a promotion or competition with a third party vendor, information about the winner will only be shared with that vendor if this is expressly set out in the Terms and Conditions for the competition or promotion.
We comply fully with the Unsolicited Electronic Messages Act 2007. We will not share, sell, rent, swap or authorise any third party to use your email address without your permission. If you feel you have received an email from us in error, please contact artmarket.co.nz.
We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and emails, removing repetitive information from customer lists, analysing data, providing marketing assistance, processing credit card payments and providing customer services. We will give such companies and individuals access to personal information needed to perform these functions, but they may not use it for any other purposes and are required to process the data in accordance with the Privacy Act 1993.
3. Delivery Terms
At this time, we only deliver to New Zealand addresses. For an outline of our delivery charges please visit our Delivery page.
Please note that a signature is optional for receiving deliveries. If goods are lost or damaged in transit, please contact us within 7 business days and we will do our utmost to rectify the situation for you.
We will use your delivery information to make a claim against our courier company. We will offer you the choice of a replacement or a full refund, once we have received confirmation from our courier company that delivery was not successful.
Delivery lead time for products may vary. (Usually 2-3 days). Deliveries to rural addresses and deliveries of dangerous goods in some areas may take longer than the time indicated. You will receive an email that confirms that your order has been dispatched.
To ensure successful delivery, please provide a delivery address where someone will be present during business hours to sign for the receipt of your package. You can track your order by clicking on the link in the dispatch email, registered users can track their orders through their Order History in your My Account section.
4. Payment Terms
We currently accept the following credit cards:
- Visa
- MasterCard
You can also pay using PayPal and internet banking.
Eligibility
You must be 18 years of age or older to visit or use the Artmarket Site in any manner. By visiting the Artmarket Site or accepting the Terms, you represent and warrant to the company that you are 18 years of age or older, and that you have the right or authority, and capacity to agree to and abide by these terms. You also represent and warrant to the Company that you will use the Artmarket Site in a manner consistent with any and all applicable laws and regulations.
Occasionally there may be information on the Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
5. Liability Limitations
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSABLE PERSUANT TO APPLICABLE LAW, ARTMARKET DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ARTMARKET DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ARTMARKET SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ARTMARKET DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THE ARTMARKET SERVICES IN RELATION TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT ARTMARKET) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, ARTMARKET ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR IN TORT FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARRIVING FROM ANY ACT OR OMISSION BY ARTMARKET, IT’S AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF, OR IN BREACH OF THESE TERMS OR THE PRIVACY POLICY.
6. Dispute Clause
Any dispute relating to any activity on Artmarket or the purchase of any Artmarket products shall be submitted to confidential arbitration in New Zealand, unless you have in some way threatened or violated Artmarket’s intellectual property rights, whereby Artmarket may seek an injunctive.
This agreement is governed by and construed in accordance with the laws of New Zealand.
7. Trademarks / Intellectual Property / Copyrights
Copyright
The technology underlying, and the entire content included in, the Site, including but not limited to text, graphics or code is copyrighted as a collective work under the New Zealand and other copyright laws, and is the property of Artmarket and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Artmarket. Copyright 2017, 2018, 2019, 2020 Artmarket. All rights reserved. We do not investigate to determine if such works are accurate, nor can we provide assurance that all such works are free of typographical errors. We cannot guarantee information displayed on this Site to be 100% accurate.
Trademarks
All trademarks, service marks, and trade names of Artmarket on the Site are trademarks or registered trademarks of Artmarket, or of their respective owners.
Rights of Use
From time-to-time Artmarket may gather reviews and testimonials. Artmarket will use the reviews and testimonials on it’s Site or in marketing materials. Artmarket has rights of use in terms of intellectual property.
8. External Links / Third-Party Links
Optional 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 of service.
Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are no 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.