1 Application of terms
1.1 These Terms apply to your use of the Website and/or your purchase of Products. By visiting our site and/or purchasing something from us:
- 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.
1.2 Please read these Terms carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or purchase any Products.
2 Changes
2.1 You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. Unless stated otherwise, any change takes effect immediately. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
2.2 We may change, suspend, discontinue, or restrict access to the Website and/or Products without notice or liability.
2.3 These Terms were last updated on 11 August 2023.
3 Definitions
In these Terms:
GST means goods and services tax as set out in the New Zealand Goods and Services Tax Act 1985
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
Products means artworks and other goods available to purchase via the Website
Terms means these terms and conditions titled Website Terms of Use, including those additional terms and conditions and policies referenced herein and/or available by hyperlink
Underlying System means any network, system, software, data or material that underlies or is connected to the Website
We, us or our means Ailene Cuthbertson trading as Old Mountain Art
Website means www.oldmountainart.com
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
4 Your obligations
4.1 You must provide true, current and complete information in your dealings with us, and must promptly update that information as required so that the information remains true, current and complete.
4.2 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.
4.3 You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to ailene@oldmountainart.com.
4.4 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms.
5 Purchase of products
5.1 All prices are displayed in New Zealand Dollars (NZD) and are inclusive of GST.
5.2 We accept payment via credit card. We’ve partnered with Stripe to securely process payment. As such, we never learn or store your credit card information.
5.3 Import duties, taxes, and other fees are not indicated in the total price and may apply to international shipments. We have no control over foreign Customs Services or local authorities, who may undertake surcharges, or charge Duty, Tax, Quarantine or other fees, at their discretion, and in accordance with local regulations. In all cases, these charges are the responsibility of the receiver.
5.4 Our acceptance of your order occurs when we send you a confirmation email that your order has been processed.
5.5 We reserve the right to refuse and cancel any order you place with us for any reason, including, without limitation, the unavailability of any Products, an error in the price or the description of Products on the Website, or an error in your order.
5.6 All descriptions of Products or Product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time.
5.7 Occasionally there may be information on our Website 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 on the Website is inaccurate at any time without prior notice (including after you have submitted your order).
5.8 We have made every effort to display as accurately as possible the colours and images of our Products that appear on the Website. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
5.9 All sales are final unless the item breaches a guarantee under the Consumer Guarantees Act. There are no refunds or exchanges if you change your mind, your circumstances change, or you find cheaper products elsewhere.
5.10 Our Shipping Policy sets out how we process and deliver orders.
6 Intellectual property
6.1 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), the Products, and the Underlying Systems.
6.2 You must not copy, reproduce, adapt, translate, re-sell, reverse-engineer or make derivative works from the whole or any part of:
- the Products; or
- the Website or the Underlying Systems.
6.3 Artworks are the sole intellectual property of Ailene Cuthbertson and are protected by New Zealand copyright laws.
7 Disclaimers
7.1 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 modification, price change, suspension or discontinuance of Products;
- any error in, or omission from, any information made available through the Website, including information or content that is out-of-date;
- 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.
7.2 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.
8 Liability
8.1 To the maximum extent permitted by law:
- you access and use the Website and purchase Products 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, the Products, 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.
8.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
8.3 To the maximum extent permitted by law and only to the extent clauses 8.1 and 8.2 of these Terms do not apply, 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 the total purchase price of the Products you have purchased, and if no purchase has been made by you, must not exceed NZD100.
9 Privacy policy
9.1 When you provide personal information to us, we will comply with the New Zealand Privacy Act 2020.
9.2 Our Website’s Privacy Policy sets out how we will collect, use, disclose and protect your personal information.
9.3 Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:
- to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we may use a third party supplier to host the Website);
- where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.
9.4 Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.
9.5 You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at ailene@oldmountainart.com.
10 Suspension and termination
10.1 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).
10.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
11 General
11.1 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.
11.2 These Terms, and any dispute relating to these Terms or the Website or the Products, 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 or the Products.
11.3 For us to waive a right under these Terms, the waiver must be in writing.
11.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.4, 6, 7, 8, 11.1, continue in force.
11.5 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.
11.6 These Terms set out everything agreed by the parties relating to your use of the Website and the purchase of Products through 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 and Products 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.