- OVERVIEW OF THESE CONDITIONS
You are required to read the provisions in this User Terms and Conditions (these “Conditions”) and agree to it as it relates to your use of the Kace Art services and platforms, including your purchase of Artworks through our website and your use of all our social media channels (collectively, our “Services”). Please, read all the terms and conditions.
In these Conditions, “Kace Art” or “we” or “us” or “our” refers to Kace Art and subsidiaries while “you” or “user” or “your” refers to anyone accessing our website and/or purchasing Artworks through it.
Your use of our Services constitutes your acceptance of these Conditions. If, otherwise, you do not agree to be bound by provisions in these Conditions; you do not have our permission to use our Services, including accessing our website and purchasing from us.
2.1 Modifications to these Conditions: Kace Art reserves the right, at our discretion or due to developments, to amend, change, review, or modify a portion or whole of these Conditions from time-to-time (with or without notice to you). If you will be notified of any modification, it will be communicated to you via your email address as submitted when you purchase from us or contact us. Also, any modification to these Conditions will take effect by posting the modified portion to this page. You are obligated to frequently review these Conditions to watch out for modifications to it.
2.2 Modification to our Services: In like manner, we reserve the right to modify or change a portion of any of our Services, including without limitation, changing the prices of the Artworks and modifying or introducing a feature on the website. If we change the price of any Artwork, such a price will not affect you if you have already placed an order for such an Artwork prior to the changes.
- USER REPRESENTATIONS AND WARRANTIES
By using our Services, you represent to us that:
- You are of legal age (usually 18 in most countries) or that your use of our Services is with the help of a parent/legal guardian (if you are below the legal age of majority);
- You are able to be bound by these Conditions;
- Your use of our Services does not violate any relevant law or regulation of your location;
- The information you have submitted or will submit regarding your order is or will be accurate and complete; and
- Any review you send to Kace Art regarding your orders will be an honest review.
Furthermore, you warrant to us that we have the right to rely on the payment and shipping information you submitted or will submit and that we may also send you notices regarding your orders via your email address, including but not limited to, for surveys, reviews, and follow-up chats regarding the order.
You hereby agree that any agreement, notice, disclosure, or other communications that we send to you via electronic means will satisfy any legal communication requirements.
- ORDERS AND PAYMENTS
4.1 Placing orders on the website: To purchase an Artwork on the website, you must provide certain personal information, including your shipping and billing information. Once you have provided all the necessary information, the order details, including the order number, will be made available to you. When you are issued with the order details, it does not mean we have accepted and processed your order. A notice of order approval will be forwarded to your email address if we approve the order. We reserve the right to cancel your order at any time if your payment obligation has not been met or you violate any provision under these Conditions.
By placing an order for any Artwork via the website, you hereby agree to these Conditions and any other additional terms and conditions attached to that Artwork.
4.2 Pricing: The Artworks on the website are available in New Zealand Dollars (NZD) and are inclusive of the relevant Goods and Services Tax (GST). If you are to pay for shipping, it will be added to the price of the Artwork upon checkout. The total fees for your order shall be listed in your order details, which includes GST, shipping fees (if applicable), and shipping duties. However, this does not include the relevant payment method charges.
- ERRORS, OMISSIONS AND INACCURACIES
The information on the website may, on some occasions, contain errors, omissions, and inaccuracies in connection to the description of products, prices, charges, shipping details, and estimations. Kace Art reserves the right to correct such errors, omissions, and inaccuracies, and to update or change information or cancel and update your orders if there is any inaccurate information in your order without notice to you, including after you have placed your order with us.
- DELIVERY OF ARTWORKS AND RISK OF LOSS
6.1 The Artwork(s) you have placed an order for will be delivered to any shipping address you provided through the billing and shipping page. You are responsible for providing accurate shipping information to enable a prompt and successful delivery of your Artwork(s). To know more about the shipping and delivery of your Artwork(s), please see our Shipping and Delivery page.
6.2 The title and risk of loss are automatically passed to you upon successful shipping of your Artwork(s). If your Artwork(s) gets lost due to wrong shipping information provided by you, the liability will be yours to bear. Kace Art will not be liable to you if an Artwork gets lost or damaged after a successful delivery or the Artwork gets lost due to the wrong shipping information you submitted during order checkout.
6.3 Furthermore, all notices regarding your order and its delivery will be passed across to you via your email address. You are obligated to provide a valid email address during order checkout. We will not be responsible for the lack of information due to an invalid or wrong email address submitted by you.
- RETURN AND REFUNDS
If the Artwork(s) in your order is damaged in transit or does not match the Artworks you placed an order for, you may return the Artwork(s) to us within 14 days after delivery and we will either issue a refund or replace the Artwork(s) within 28 days with the terms and conditions below:
- You must check any Artwork(s) delivered at the presence of the delivery agent. If any damage or issue is noticed, you must sign for it or outrightly refuse the delivery. You must inform us of any issue with the order within 24 hours and all the packaging must be intact for you to make a claim. To expedite the reporting process, you should take a picture of the issue or damage and send it over through our email address.
- If an Artwork is subject to a replacement, a similar Artwork will be replaced with it. Under no circumstances will an Artwork be replaced with a different Artwork.
iii. If an Artwork is undamaged or without issues, you will not be entitled to a replacement.
Read more about our refund policy on the return and refunds page.
- RESTRICTED ACTIVITIES
By using the website and Services, you agree to stay away from the following restricted activities:
- Purchasing Artworks through the website for commercial purposes, including by reselling them;
- Attempting to disrupt or disrupting the operation of the website in order to disrupt the networks or servers connected to it;
- Interfering with our Intellectual Property (defined below) in any way that is not specified in these Conditions;
- Attempting to co-brand or frame the website and the contents available on it;
- Attempting to mislead or trick Kace Art in order to obtain sensitive or proprietary information;
- Making attempts to gain unauthorized access to any part of the website or trying to manipulate a price attached to any Artwork; and/or
- Making use of the website in any way that is likely to damage, negatively impact, or disparage Kace Art.
- INTELLECTUAL PROPERTY
The content available on the website (“Website Content”), including the logos and trademarks (“Marks”), are licensed to Kace Art and are subject copyright, trademark, and other intellectual property rights under the New Zealand, foreign laws, and international conventions. The Website Content include, but are not limited to, the source codes, database, website design, functionalities, videos, audios, texts, images, graphics, and Artworks available on the website.
The logos, designs, page headers, names, script, graphic, button icons and footers are registered trademarks or common law trade dress of Kace Art in New Zealand and other parts of the world. The Kace Art trademarks and trade dress may not be used in combination with any other products, services, or goods in a manner that is likely to cause confusion. You do not also have our permission to copy, imitate, or use it without getting written approval from us.
Kace Art provides the Website Content to users on “AS IS” basis for information and personal use purposes. Users may not copy, reproduce, distribute, advertise, transmit, license, sell, or exploit it for any other purposes without seeking written consent from us.
- LIMITED LICENSE
Subject to your compliance with these Conditions, Kace Art hereby grants you a limited, non-transferable, non-exclusive, non-sublicensable license to use the website and the Website Content for your personal and non-commercial use only.
However, the license granted hereunder does not include: (i) the resale of any Artworks purchased from us; (ii) the copying or downloading of our product listing, product description, and prices; (iii) the extraction of data through data-gathering and extraction tools such as bots and miners; and (iv) the removal or erasure of any Intellectual Property or Website Content available on the website or any of our platforms.
- SUBMISSIONS (REVIEWS)
We permit users to send us reviews regarding the purchases they made from us. Reviews are done via our social media pages and our email address. By sending us reviews, you agree that the moral rights you have over the review has been waived by you and that we may request for reviews from you via the email address you submitted on the order form regarding your review.
Also, by sending us reviews, you agree that the reviews you have sent will not be:
- Inaccurate, false, or misleading;
- Reflective of a paid-for review;
- Copied from another website or infringe on any third party’s copyright, trademark, privacy or other intellectual property rights;
(iv) Offensive, threatening, racial, or libellous; or
(v) Contain any computer worms, virus, or other computer programs that are able to damage the website or any network connected to it.
- TERMINATION OF THESE CONDITIONS
Kace Art reserves the right to terminate these Conditions at any time for any reason, including for breach of the provisions in these Conditions or failure of the user to carry out their obligations.
Once these Conditions is terminated by us, any orders outstanding will be terminated/cancelled and the price paid to us refunded (if paid) – provided the Artwork has not been delivered to the user.
Although we ensure that the website and our services are provided to you with accuracy and without errors; however, we cannot, at all times, guarantee these. therefore, the website, website content, products, and the rest of our services are provided on “as-is” and “as available” basis. Kace Art does not warrant, guarantee, or make any representations regarding the use, the artworks, and website content in terms of availability, accuracy, reliability, currentness, completeness, functionality, and intended purpose. we further do not represent or warrant that the website and our services will always be without errors, be uninterrupted or that it will meet your expectations.
The total risk as to the quality and functionalities of the website is with you. for the avoidance of doubt, Kace Art, at this moment, disclaim all warranties (express or implied), including but not limited to, any implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose.
- LIMITATION OF LIABILITY
On no circumstances shall Kace Art be liable to you or any third party for (i) any loss or damages you may suffer due to breaches that were not caused by us, (ii) any loss of profit, revenue, data, goodwill or other business losses, (iii) indirect or consequential losses that we or you was not able to foresee when you started using our services.
Furthermore, Kace Art shall not be liable for any failure of delay to perform our obligations as described under these conditions if such failure or delay is as a result of circumstances which are beyond our reasonable control such as severe weather conditions, internet breakdowns, war, acts of god, government embargo, and website maintenance. however, this does not affect your legal rights regarding the right to receive your ordered artworks or get a refund where applicable.
Certain state/country laws do not permit some or all of the limitations stated above. if these laws apply to you, some or all of the limitations above may not apply to you, and you may have additional rights
By purchasing through the website, you hereby release, discharge, hold harmless, defend and indemnify Kace Art and affiliates from and against any loss, damages, expenses, claims, and demands arising from or relating to any breach of these Conditions, including but not limited to, breaches arising from your use of the Website Content, your use of our Services, and your representations and warranties.
- GOVERNING LAW AND JURISDICTION
These Conditions and any dispute arising out of your use of the website and our Services shall be governed by the laws of New Zealand. You hereby submit to the courts in New Zealand as the jurisdiction.
- ENTIRE AGREEMENT
These Conditions represent the entire agreement and understanding between you and us, and it supersedes all previous communications and agreements between us both (whether oral or written) in relation to your use of our Services.
You may not assign your rights and obligations under these Conditions to a third party without our written consent. We, on the other hand, reserves the right to assign our rights and obligations hereunder to contractors and subcontractors to carry out tasks on our behalf.
If any provision under these Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such an invalid or unenforceable provision shall be severed and shall not affect the validity and enforceability of the other valid and enforceable provisions.
A failure to exercise or enforce our right at a point upon your breach of these Conditions does not subsequently waive our right to exercise or enforce such right on similar or other breaches.
- ELECTRONIC COMMUNICATION
Your use of our Services and the transfer of messages via email constitute electronic communications between us both. For contractual purposes, you hereby agree that all notices, agreements, policies and communications provided to you electronically satisfy any legal requirement that such communications be in writing unless the law specifically requires other forms of communication.
- INFORMATION ABOUT US
The Kace Art website and our Services are controlled and maintained by Kace Art located at
109/16 Huron Street, Takapuna, 0628, New Zealand