The following terms and conditions, together with our Deliveries and Returns Policy and our Privacy Policy (Terms) govern your use of Auckland Art Gallery Toi o Tāmaki online shop (Website). By visiting out Website and/or placing an online order with us, you engage in our service (Service) and you agree to, and are bound by, these Terms.
Throughout these Terms, the terms ‘’we’’, “us” and “our” refer to Regional Facilities Auckland Limited, as trustee for Regional Facilities Auckland, trading under the name of Auckland Art Gallery Toi o Tāmaki.
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 at any time. 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.
Online shop terms
By agreeing to these Terms, you represent that you are at least 18 years of age and you have given us your consent to allow any of your minor dependents to use the Website.
You may not use our Website or products for any illegal or unauthorised purpose.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
General conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (except credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Taxes, customs and duties
All prices listed on the website are inclusive of New Zealand GST (Goods and Services Tax) for New Zealand customers only.
We also deliver internationally and we are not liable for any taxes, customs or import duties which may be incurred once the item reaches its destination country. These costs are your responsibility. We are not liable in any instance where an item does not reach its international delivery destination, due to your failure to pay any necessary taxes, customs and duties.
Returns and exchanges
Returns and exchanges may be made in accordance with our Deliveries and returns policy.
Gift vouchers
Gift vouchers are not available at this time.
Product availability
The website shares its stock inventory with the physical Auckland Art Gallery Toi o Tāmaki shop located in Auckland, New Zealand. As a result, all products are subject to availability. If items from our physical store are purchased and sold at the same time that an order for an item online is processed, then the online item will unfortunately not be available. In such instances, we will notify you as soon as possible via email and do our best to fulfil the order, cancel the order, offer a similar or alternative product.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product at any time.
Content accuracy
At Auckland Art Gallery Toi o Tāmaki online shop, we endeavour to provide you with accurate descriptions and specifications of all our products. All descriptions and specifications are correct at the time of publication, and have been written to the best of our ability. However, we cannot guarantee that all descriptions, specifications and content are entirely accurate or error-free. Photographic representations of products on our website do provide a close representation of the products in real life, however, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used by the customer. Measurements of products' physical dimensions are an approximation and are intended as a guide. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the products on this website.
Prices listed on our Website are current at time of display and are subject to change without notice.
Any reliance on the material on this Website is at your own risk.
Accuracy of billing and account information
We reserve the right to refuse any order you place with us. We may, in our 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 that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made through our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Modifications to the service and prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Privacy policy
Here at Auckland Art Gallery Toi o Tāmaki online shop, we are committed to protecting the privacy of our customers. All personal information that we receive is used and stored in accordance with our Privacy Policy.
Disclaimer of warranties, limitation of liability
We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. To the extent permitted by law, 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.
To the extent permitted by law, Auckland Art Gallery, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall not be liable for any injury, loss, claim, or any 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 Service or any products procured using the Service, 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.
Consumer Guarantees Act 1993
If the Consumer Guarantees Act 1993 applies to your use of the Service and purchase of products through the Website, nothing in these Terms is intended to limit your rights under that Act.
If you are using the Website or its content in trade, you agree that the Consumer Guarantees Act 1993 does not apply to your use of the Website or your purchase of goods from us.
Indemnification
You agree to indemnify, defend and hold harmless us and our affiliates, officers, directors, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third-party.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Entire agreement
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this Website or in respect of the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Governing law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with New Zealand law.