Terms & Conditions

 

  1. This website is owned and operated by Wilson TLS Limited trading as Lucy Melville Artist. Your use of this website, including any purchases of artwork or goods produced and/or sold by Lucy Melville Artist (“Good(s)”), shall be governed by the these terms and conditions. By using this website you agree to be bound by these terms and conditions.

 

Intellectual Property

  1. Lucy Melville Artist is the owner of all intellectual property rights in original artworks and Goods displayed and/or sold on this website. We hold copyright in all content and elements of our website www.lucymelville.co.nz.

  2. This website is for your personal non-commercial use.

  3. You must not copy, alter or reproduce any part of our artwork, logo, or content displayed on this website or posted through social media sites associated with Lucy Melville Artist without our prior written consent.

 

Buying from Lucy Melville Artist

 

Goods (artwork) information

  1. We try to show the colours of the Goods sold through our website as accurately as possible. However, we cannot guarantee that your monitor’s display of any colour will correctly represent the actual colour of the Goods and disclaim all liability in this regard.

 

Original artworks

  1. Lucy Melville Artist will continue to own all intellectual property rights, including artistic copyright, in any original artworks sold as Goods through this website. We reserve the right to reproduce original artworks as images, including for sale as digital prints or otherwise.

 

Pricing

  1. The price for the products outlined on the online shop are in New Zealand dollars. New Zealand Goods and Services Tax Act 1985 (“GST”) is included within the price stated.

  2. Overseas customers will be responsible for all applicable local taxes in their chosen shipping destination.

 

Stock availability

  1. Goods are subject to availability. We will do our best to keep online stock levels up to date, but do not guarantee stock availability until dispatch. If there is a stock availability issue we will notify you and try find an alternative or refund your purchase. To the extent permitted by law, we will not be liable to you if we decline to fulfil, or are unable to fulfil, your order.

 

Shipping, Delivery, Title and Risk

  1. Shipping costs vary depending on the size and number of Goods ordered. Costs for unframed prints will be quoted during the checkout process. Orders for framed prints and original paintings will need to be quoted before shipping costs are confirmed. This is due to the significant variance in cost depending on the shipping location.

  2. Shipping costs within New Zealand include packing and a signature required courier. RD1 (rural) addresses have an extra $3.70 charge to be applied.

  3. All international shipping costs for unframed prints include for packing and international air courier. Any taxes or duties applicable at the delivery destination are the sole responsibility of the purchaser.

  4. Approximate delivery times following dispatch are as follows:

    1. New Zealand – 2-4 working days

    2. Australia – 5-10 working days

    3. Rest of the world –10-15 working days

  5. We will let you know at the time of order how many working days it will take for your order to be dispatched. We will do our best to have the Goods with you within the estimated timeframe. However, sometimes factors outside of our control may cause delays. Please contact us if you have not received your item one week after the estimated timeframe. To the extent permitted by law, Lucy Melville Artist will not be liable for losses arising out of or in connection with late delivery or delay.

  6. We take no responsibility for any Goods that go missing or are undelivered as a result of you providing incorrect or insufficient delivery information.

  7. Goods will not be shipped unless full payment has been received by Lucy Melville Artist for both the Goods and associated shipping costs.

  8. Delivery will be deemed to have occurred upon arrival of the Goods at the delivery address you have provided. Risk in the Goods passes to you upon delivery.

 

Returns and Refunds

  1. If the Goods are damaged, defective or faulty at the time of delivery to you, we will replace the Goods if available, offer an alternative of the same value, or refund your payment card with a full refund (excluding card fees).

  2. If you receive Good(s) that are different to those ordered, we will replace the incorrect Good(s) with the correct Good(s), or refund your payment card with a full refund (excluding card fees).

  3. If you wish to return Goods in accordance with clauses above, please notify us within 28 days of the Goods being dispatched. Contact us in writing through the email address lucy_melville@hotmail.com and provide the reason(s) as to why you wish to return the Goods.

  4. When you are returning damaged or faulty Goods, or incorrect Goods which have been delivered to you, we will provide you with details on how to return the Goods using a courier service paid for by Lucy Melville Artist. If you choose to use an alternative delivery return service, Lucy Melville Artist will not cover the costs of that service.

  5. All goods returned should be in the original condition and packaging. We reserve the right not to accept a return of Goods which, upon our investigation, are found not to have been damaged, defective or faulty at the time of delivery.

  6. We will not issue a refund or replacement until the Goods have been received. If you have any problems regarding your order lucy_melville@hotmail.com

  7. Nothing in these terms will limit or affect your statutory rights, including under the Consumer Guarantees Act 1993 and Fair Trading Act.

 

General

  1. The material and information contained on this website is supplied to help you to make your own determination as to suitability of Goods for your purposes prior to placing an order. Nothing on this website is to be construed as a recommendation to use any Goods.

  2. Subject to your statutory rights, including under any applicable consumer law, you agree that we, and anyone that we are responsible for, are not liable to you at law, by statute, in equity or otherwise arising from our relationship for any loss (including, without limitation, loss of profits), cost, damage, expense or injury, whether direct, indirect, special or consequential, arising directly or indirectly from, or in connection with:

    1. the supply of Good in accordance with these Terms and Conditions or

    2. your access to or inability to access the online shop, including any viruses alleged to have been obtained from this website, any computer error, business interruption, or data loss you allege was caused by this website, your use of or reliance on this website or any of the information or materials available on this website.

  3. You are solely responsible for the actions you take in reliance on the content on, or accessed through, this website.

  4. Subject to these Terms and Conditions, our liability for any claim arising directly from our supply of Goods to you is limited to the price you actually paid for those Goods which gave rise to your claim.

  5. We may alter our website, including these terms and conditions and prices of Goods, at any time without notice to you. The website content which was in place at the time of your purchase, shall apply to that purchase.

  6. Any exercise or failure to exercise any right or remedy available to us does not limit our rights to exercise that or any other right or remedy and the exercise by us of any right set out in these Terms and Conditions is without prejudice to any other rights, powers or remedies available to us in these Terms and Conditions, at law.

  7. This website and these Terms and Conditions are governed by the laws of New Zealand and are subject to the exclusive jurisdiction of the New Zealand courts.

Updated September 2017