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TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
These terms and conditions govern all supply of goods and services ("products") by Carmen - Visual Artist t/a RainbowWarriorLife, ("Carmen", "RainbowWarriorLife", "The Artist", "we", "us", "our") to you, the purchaser of goods and services from us, including your use of the website at https://rainbowwarriorlife.
By accessing or using The Artist's website and products, you hereby agree to be bound by the terms and all terms incorporated herein by preference. It is the responsibility of you, the user, customer, or perspective customer to read the terms and conditions before proceeding to use this site. If you do not expressively agree to all of the terms and conditions, then please do not access or use The Artist's site or The Artist's services.
We reserve the right to make adjustments to the given terms and conditions without notice, and as such, ask that customers review them each time they use the website or RainbowWarriorLife services.
Purchases from RainbowWarriorLife may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us for resupply (whether in trade or otherwise).
If you are purchasing on behalf of another entity such as, but not limited to, a company or body corporate you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.
PRIVACY POLICY & CONFIDENTIALITY
RainbowWarriorLife is committed to protecting the privacy of their customers.
Personal information provided online is used solely for the purpose of fulfilling orders, and for RainbowWarriorLife to contact you.
You will only receive email newsletters from us if you have expressly signed up for a newsletter, or you have supplied your e-mail address to us by other means for that purpose.
If you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you. All emails sent contain a link to unsubscribe. You may subscribe or unsubscribe to any newsletter at any time.
Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).
The information we gather from subscribers to our email newsletters (including email addresses) is not shared with other parties. We will not disclose your email address to any third parties without your consent.
In order to provide you with better and more relevant services, we compile information about email responses and website usage. This information helps us to better understand our customers' interests and site usage patterns and also what types of content may help to encourage those visits.
We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.
You may need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our website. Where you choose not to enable cookies from our website, some functionality of that website may not be available to you.
We will not disclose your personal information unless required by law.
Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.
You can request details of your personal information that we hold, and ask us to correct it, at any time.
With newsletters, we track clicks to find out which links in the newsletter were clicked on.
IMAGE COPYRIGHT
All material on this site, including, but not limited to images, and original artworks are protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by RainbowWarriorLife.
Unauthorised use and/or duplication of this website's material without express and written permission from RainbowWarriorLife is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to RainbowWarriorLife with appropriate and specific direction to the original content.
COLOUR & DEPICTION OF ARTWORK & PRODUCTS
RainbowWarriorLife makes every effort to accurately and honestly present current product and site information to their customers. We apologise for any and all errors and misinformation, which are all unintended.
We have done our best to ensure images of our artwork are accurate depictions of the actual product. The descriptions and information supplied is true to the real artwork at the time of website publication.
You understand and agree that The Artist has made reasonable efforts in order to display the colours of the original artworks accurately on the website. Each individual monitor, cell phone, tablet or other device may display colours differently. RainbowWarriorLife is not responsible for the colour accuracy on your computer monitor, cell phone, tablet or other device.
PRICING
All prices are in New Zealand dollars and within New Zealand are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. GST is not charged on orders outside of New Zealand. All prices are correct when published. We reserve the right to alter prices at any time.
Depending on the product(s) requested, a quote or invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.
PAYMENT OPTIONS
Website purchases - We accept credit card or debit card payments for purchases made via our website. Products and shipping costs must be paid in full before an order is processed.
Commission of artwork or jewellery - Artwork or jewellery requested on commission must be paid in full, within 7 days from the date of the invoice, before the work can be undertaken. If payment is not received within the terms specified on the invoice then the commission is deemed to be canceled and the price quoted for the work will no longer be applicable. We accept bank transfers for work completed on commission.
Services - An invoice will be provided for regular services as and when the services are undertaken and is payable by the 20th of the month following the invoice.
Retail stores - A list of stock items list will be provided for products to be sold on behalf. An invoice will then be generated on a month by month basis for the sold items and is payable on the 20th of the month following the invoice. We accept bank transfers for items sold on behalf.
Markets - We accept cash or internet banking transfers for products sold at markets. Alternatively, if the same product is available via our website, then subsequently that item can be purchased as per the website purchases payment options noted above.
Alternative payment options may be available at the discretion of the Artist. RainbowWarriorLife reserves the right to onsell any artwork or jewellery if the full balance has not been paid within 30 days of the completion date. As such, the customer accepts that monies already paid do not qualify for a refund.
FREIGHT POLICY
Price of products are exclusive of any applicable packaging and delivery charges. Products may be collected free of charge from a Hamilton address at the discretion of the Artist.
We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after the full payment has been received. RainbowWarriorLife accepts no responsibility for any delays in delivery due to courier delays, unforeseen circumstances or acts of god.
SUPPLY & DELIVERY POLICY
All orders are subject to the availability of those products or services. If for any reason a product is not available, we will endeavour to notify you as soon as is practicable.
No returns will be accepted on a 'change of mind' basis, so please be sure before you buy.
If you wish to cancel your order, please contact us directly within 24 hours and if the product has not already been shipped we will either be able to offer you a refund (minus a small transaction fee) or store credit for the full amount paid. Cancellations occuring outside the 24 hour mark will forfeit the full cost of the deposit plus any additional costs for material / time incurred.
Items that have been damaged, altered or worn will not be accepted.
If the goods are faulty, we will meet our obligations under the Consumer Guarantees Act in New Zealand to provide a remedy.
The customer is liable for return courier costs.
MODIFICATIONS
RainbowWarriorLife shall reserve the right at any time that they may deem fit to modify, alter, increase and/or decrease prices, change shipping and handling rates, update services, change of tax rates and/or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, the Artist shall not be held liable to you or any third party for any such modification, alteration, suspension, and/or discontinuation of the Artists' services or any part thereof.
DAMAGES & CLAIMS
Please inspect your items when receiving, and before signing the delivery receipt. If damage has been found, please inform the carrier and remark the delivery paperwork. RainbowWarriorLife cannot help with any damage claims that have not been noted at the point of delivery, as once it is checked and leaves our premises, damage by the delivery company is beyond our control. All items are inspected thoroughly and carefully before dispatch.
If your product has a fault that is not a result of delivery or criteria stated above then the customer can return it, or exchange for a new one (if applicable). For pickup items these must be inspected completely before taking home as RainbowWarriorLife cannot accept responsibility for any damage after this point.
LIABILITY LIMITATION
Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.
We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.
To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.
Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.
APPLICABLE LAW AND JURISDICTION
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.
Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.
Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).
You agree to use our website, products and services in accordance with the applicable laws of the country or countries where you, your business or organisation is based.
GENERAL CONDITIONS
We reserve the right to change these terms and conditions from time to time without notice.
If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.
If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.
We may deliver notices to you by sending them to an email address that you have supplied to us.
If you have any questions regarding the above terms and conditions, please email: RainbowWarriorLife@gmail.com