terms and conditions
This website is owned and operated by Kaye Davis Fine Art Photography. Terms such as “I”, “my”, “we”, “us” and “our” refer to the business of KD Fine Art Photography. The information, products, tools, and services offered and available to you the user, are conditional on your acceptance of all terms, conditions, policies, and notices specified here.
By visiting, accessing, using, browsing, or purchasing products and/or services from this website you agree to comply with, and be bound by, these terms and conditions. Should you not wish to accept these terms and conditions, please discontinue using this website.
KD Fine Art Photography reserves the right to review, update, amend and replace these terms and conditions, policies, notices, and the disclaimer from time to time. Any such amendments will be effective immediately. There is no obligation on my part to notify you of such amendments, and it is your responsibility to refer to the Terms and Conditions, policies, and notices when revisiting this website. Your continued use of or access to the website following the posting of any changes represents your acceptance of those changes.
This Website is owned and operated by KD Fine Art Photography. All content, including and without limitation, the text, photographs (images), graphics, and copyright work, will remain my exclusive property and are protected by copyright and other intellectual property laws. I am also the exclusive owner of all rights in the content, compilation, design, and layout of this Website.
NEW SUBSCRIBER PROMOTION
20% off your first purchase at KD Fine Art Photography
a) is limited to one use per customer;
b) cannot be used in conjunction with any other promotion;
c) is only available for free NZ shipping when the purchase value is over $150 after all discounts have been applied;
d) may be subject to change at any time, without prior notification.
USE OF THIS WEBSITE
Your use of this website indicates an agreement by you to all terms and conditions associated with using this website. You may access and view content provided this is in relation to using or considering to use, or purchase products and/or services provided through the Website. This agreement extends and applies to any amendments to these terms and conditions.
These terms and conditions include prohibiting your access and use of this website:
a) for any unlawful purpose;
b) to solicit others to perform or participate in any unlawful acts;
c) to violate any international, federal, provincial, or state regulations, laws, or local ordinances:
d) to infringe upon or violate the intellectual property rights of others;
e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
f) to submit false or misleading information;
g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this website, services offered, or any related website, other websites, or the Internet;
h) to collect or track the personal information of others;
i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
j) for any obscene or immoral purpose; or,
k) to interfere with or circumvent the security features of the website, services, or any related website, other websites, or the Internet.
I reserve the right to terminate your use of the website, products, services, or any related website should you violate any of the prohibited uses. KD Fine Art Photography, nor its owner, does not accept any responsibility or liability that may result in interference or damage to your computer/mobile system arising from unlawful and/or prohibited use of this website or any associated internal or external links.
If using this website or purchasing goods for business purposes, you agree that the New Zealand Consumer Guarantees Act 1993 does not apply.
PRODUCTS AND PRICING
Prices for my products, or services, or the products and services available, are subject to change without notice.
I reserve the right at any time to modify or discontinue a service or product (or any part or content thereof) without notice at any time, and shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of these.
Certain products and/or services may be available exclusively online through this website and may also be available in limited quantities, and/or be subject to return or exchange-only conditions according to the Returns and Refunds Policy.
Every effort has been made to display and represent the products that appear on this website as accurately as possible. I am unable to guarantee that your computer monitor’s display of any colour will be accurate to the actual product(s) on offer.
I reserve the right but are not obligated, to limit the sales of any products or services to any person, business, geographic region, or jurisdiction, limit the quantities of any product, or discontinue any product or service on offer at any time. This right may be exercised on a case-by-case basis.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Kaye Davis, photographic artist and designer. I am unable to warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service or products will be corrected.
PROMOTIONAL CODES AND DISCOUNT OFFERS
KD Fine Art Photography may offer promotional discounts and offers which can be redeemed through the use of promo codes.The following terms and conditions apply to promotions where you must redeem a promotional code as part of an offer:
a) A promotional code and/or discount offer is valid for a limited time only, and KD Fine Art Photography reserves the right to modify or cancel this at any time;
b) Only one promotional code or discount can be used per transaction, and cannot be combined with other offers, discounts, or promotional codes;
c) Each promotional code can only be used once per person;
d) Each promotional code applies to specified or qualifying items only, as specified in the promotion;
e) A promotional code does not apply to pre-orders, unless otherwise specified;
f) A promotional code does to apply to gift voucher purchases;
g) A promotional code is applied to the product only and does not include shipping or handling charges;
h) Where a promotion requires a minimum spend, shipping and handling charges do not apply toward the minimum purchase amount;
i) A promotion, and promotional code only applies to orders shipped to the same address and in the same transaction;
j) The promotional code is not transferable and may not be resold, or redeemed for cash;
k) If you return items purchased using a promotional code, the value of the promotional code will be deducted from your return credit;
l) There is a limit of one promotional code per customer, per promotion;
m) KD Fine Art Photography reserves the right to void transactions where it is deemed a person is in violation of the Terms and Conditions, and intent behind a promotion. In such instances, the promotion will be invalid, and the promotional code discount will not apply.
SHIPPING & DELIVERIES
All rates are in NZD and calculated at Checkout.
I am unable to take responsibility for any misplaced or unclaimed parcels.
NEW ZEALAND DELIVERIES
Free delivery on orders over $150.
Tracked shipping – $7.50 to $21.00
Rural delivery – $12.00 to $25.00
You should receive your purchase within a week from the date of its dispatch (not including public holidays or weekends). Please ensure you indicate your daytime address for delivery, as a request for a second delivery will incur additional fees. Any incorrect address details provided will likely result in your package being returned to the sender, in which case you will be charged for re-delivery.
Shipping is calculated at checkout – based on product and international postal zone
International tracked delivery – from $20.00 flat rate
I am unable to advise what customs charges may be applied to any international shipment by your country of residence. I recommend getting in touch with your local customs office, so you are aware of any possible charges you may incur at your end.
Customs charges are applied at the discretion of the carrier and local laws, and all customs charges are payable by and the responsibility of you the customer. I will not cover, nor be liable for duties and taxes that may be assessed on your order when it arrives.
I reserve the right to refuse any order placed with KD Fine Art Photography. I may also, at my sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event of any change to or cancellation of an order, I may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was placed. I reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, unless undertaken through a contractual trade arrangement.
By requesting KD Fine Art Photography to supply Goods or provide Services, you acknowledge and agree (or you are deemed to acknowledge and agree) to my Terms and Conditions. This includes:
• Adding you to the KD Fine Art Photography Wholesale Customer database, which will include sending emails such as updating you on new products or ranges, pricing increases, and other relevant business information.
• Promoting you as a retail outliet on the KD Fine Art Photography website and social media channels.
GST is be payable on all Goods sold within New Zealand. All prices communicated to you, or shown on this website, are inclusive of GST and the GST component will be shown on all wholesale order invoices.
Once you submit an order, it cannot be cancelled by you. Any variation to any order must be agreed in writing. The price may alter as a result of any variation and you agree to pay any increase. The Goods should be on-sold at the recommended retail price (as notified to you in writing by KD Fine Art Photography from time to time) unless the Goods are advertised as being “on sale” or the equivalent.
Once you submit an order, it cannot be cancelled by you. Any variation to any order must be agreed in writing. The price may alter as a result of any variation and you agree to pay any increase. KD Fine Art Photography cannot guarantee that your order can be altered after it has been placed.
Please contact me as soon as you can and I’ll be more than happy to make changes to an order where possible and/or practicable. I will not be liable for any failure to perform or delay in performance of my obligations under these terms and conditions caused by a Force Majeure beyond my reasonable control.
All descriptions of products, product pricing, or services, are subject to change at anytime without notice, at the sole discretion of KD Fine Art Photography. Every attempt will be made to notify you ahead of time of any changes.
Unless otherwise agreed in writing, KD Fine Art Photography terms of trade requires that full payment of Goods ordered be made no later than 10 days following the issue of invoice date. A dated invoice will accompany all dispatched orders. Payment is made via direct credit to the bank account specified on the invoice.
Ownership of the Goods shall pass to you only upon payment in full of the purchase price for the Goods and of any other amounts owing by you to KD Fine Art Photography. KD Fine Art Photography may, at any time, require the Wholesale Customer to make an advance payment with the balance payable within 10 working days from the date of final invoice.
SHIPPING & DELIVERIES
Wholesale/Trade Customer shipping charges are based on the total weight of the products chosen. Unless otherwise agreed in writing, KD Fine Art Photography shall arrange delivery of the Goods to you and you will be responsible for the costs associated with delivery.
Freight will be specified on the invoice. Should you require an estimate ahead of finalising your order, please email: firstname.lastname@example.org.
RETURNS & RESTOCKING FEES
I stand behind the quality of products and services I offer through KD Fine Art Photography, with the intention of maintaining a great relationship with my retailers, and it’s important to me that you are happy with the products I offer for your resale to customers.
a) Faulty items will be replaced or credited. Simply follow the information under the Lost, Damaged, or Incorrect Orders section and return the merchandise with the original invoice.
b) Should you wish to return the merchandise, through a change of mind, items returned must be in an as new and resalable condition. Simply return the merchandise in its original packaging with the original invoice, stating the reason for return, and I’ll gladly refund your purchase price. A 15% re-stocking fee will be deducted from the refund. Shipping & handling charges are not refundable.
WHOLESALE CUSTOMER RESPONSIBILITIES
It is the your responsibility to maintain a clean environment and display the products appropriately. Failure to maintain a clean display and products may result in termination of your wholesale account. The on-sale or distribution of KD Fine Art Photography products, to any third party, other than an end consumer is strictly prohibited. Resellers must have privacy and customer service policies, as well as overall business ethics, that are compatible with those of KD Fine Art Photography, in order to remain a reputable and trusted brand.
All internet resellers must have a web address of their own to sell KD Fine Art Photography products. The use of sub-directory, auction sites such as eBay, or another company’s URL, from which to sell my products is strictly prohibited.
KD Fine Art Photography products should be represented as part of a category of like products, and should make up only a portion of the offerings sold online via your web outlet. Product images will be available free of charge to use on your website, in order to maintain a consistent representation of my products and brand.
Product Description and Product Information text, from my KD Fine Art Photography website, may only be used to accompany the respective products on your own website. I reserve the right to cancel or limit the sale of my products to parties whose sales and distribution strategies are incompatible with those of KD Fine Art Photography.
I will review your website as part of approving your Wholesale/Trade Customer affiliation, and reserve the right to refuse sales at my discretion. KD Fine Art Photography will also review your website periodically to ensure ongoing compliance with this policy.
Any and all Intellectual Property Rights in connection with this website content (including, but not limited to: all text, images, data, design, logos, documents, concepts, ideas, etc.), products and/or services I market and sell remain the property of KD Fine Art Photography, in accordance with statutory law.
You may not use, copy, modify, share with third parties (whether for commercial gain or not), or produce derivative works from any content, products, services, or part thereof, as part of the intellectual property on this website, without the express written permission of KD Fine Art Photography.
When I supply you with products and/or services, this is done so for the purpose of personal use only and you may not copy, modify, sell (commercialise), or create derivative works from these.
ERRORS, INACCURACIES AND OMMISSIONS
There may occasionally be information on this website, or in the services and/or products offered, that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. I reserve the right to at any time correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on this and any related website is inaccurate without prior notice (including after you have submitted an order).
DISCLAIMERS – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
KD Fine Art Photography, does not guarantee, represent or warrant that your use of our website, or services will be uninterrupted, timely, secure or error-free, as from time-to-time I may be required to remove a service for indefinite periods of time or cancel the service at any time, without notice to you.
As such, you expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no circumstances will KD Fine Art Photography, its owner, nor any directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or products procured through this website This also includes, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Should you have questions about these Terms and Conditions, please email: email@example.com.