Terms and Conditions 

Introduction 

1. The following terms and conditions (the “Terms”) govern all use of the materials, content, services, workshops and websites administered by Protean Art Gallery. Throughout this document the terms ”our” and “they” and “their” refers to the directors of Protean Art Gallery. 

2. The Terms set out below apply to your use of the artwork, products, materials, content, services and websites (the Products) provided by Protean Art Gallery. By purchasing the Products you agree to be bound by the Terms and to any amendments made from time to time. Please read these Terms carefully before purchasing the Products. 

3. While every effort will be made to ensure the information contained within the website is accurate and up-to-date, the directors of Protean Art Gallery make no guarantee as to the accuracy of the information, nor do they assume any legal liability or responsibility for this. 

   Copyright/Intellectual Property 

4. Unless otherwise stated, all Products including (but not limited to) original artwork, commissioned artwork and limited edition prints are the intellectual property of the artists represented at Protean Art gallery and are protected by the copyright laws of New Zealand. Any redistribution and or sharing of these Products in any form whatsoever, whether electronically or in hard copy or in any other format is an infringement of the artists’ copyright and appropriate action will be taken to remedy the breach. 

5. These Terms and any separate agreements whereby Protean Art Gallery provide services and Products to you are governed by and in accordance with New Zealand law. 

   Changes to the Terms 

6. The directors of Protean Art Gallery reserve the right to alter the Terms or to impose new conditions on the use of the materials, content, services and websites from time to time. If this occurs a notice will be posted to their website. By continuing to use the Products after notice of these changes has been made, you accept the altered Terms and conditions. 

   Website Use 

7. You must not access or attempt to access the website or online services through automated tools (including the use of scripts, web-crawlers, robots or screen-scrapers) or engage in any activity that will, or is likely to, interfere with or disrupt my websites or online services. 

   Privacy – please see link to our Privacy Policy page

8. For information about the New Zealand Privacy Act 1993 and its Principles and how it protects all personal information in New Zealand, click here. 

9. Protean Art Gallery will not sell, share, rent or disclose the information collected on the website other than as set out in these Terms. 

10. In order to use the Products it is necessary for you to disclose personal information, including your name, email address, phone number and any other information reasonably requested in order for us to process orders and provide services. 

11. You must not disclose a person’s contact details that you obtain through the Products without the prior consent of that person. 

    Your Information 

12. You confirm that the information you provide to us is current, complete and accurate, and you agree to maintain and update the information. 

13. If you use any communication tools available through the materials, content, services and websites, you agree to use such communication tools for lawful and legitimate purposes. You must not use any communication tool for posting or disseminating any material unrelated to the use of the site or modules including (without limitation) offers of goods or services for sale, files that may damage another user’s computing devices or software or material or data in violation of any law (including data or other material that is protected by copyright or trade secrets which you do not have the right to use). 

    Content

14. You are solely responsible for any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials (“Content”) over which you have copyright which is transmitted, posted, or distributed by you through our website, including but not limited to the contents of your e-mail communications, information, photos or images posted by you on our social media and information, photos, images, sound files or other Content posted by you in a forum or other page. 

15. By posting Content you acknowledge that you own all rights to that Content and/or have permission to post the Content you distribute through our website including but not limited to the contents of your e-mail communications, information, photos or images posted by you on my social media and information, photos, images, sound files or other Content posted by you in a forum or other page.

16. You acknowledge that all content on our website which you may use, is with the express permission of the copyright owner and/or trademark holder. No content featured by us may be reproduced, published or modified without prior written consent of the copyright owner and/or trademark holder. 

17. We reserve the right at our sole discretion to remove any material you distribute through the website including but not limited to the contents of your e-mail communications, information, photos or images posted by you on our social media. 

18. Articles, reports or content on the website provided by a named third party express their views, and do not necessarily reflect the views of Protean Art Gallery 

    Linked Sites 

19. Users of our Products may be directed to third party Sites (Linked Sites) from our website. Linked Sites are not, however, reviewed, controlled, or examined by us and we are not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. 

20. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed through these Linked Sites. 

    Fees 

21. You agree to pay Protean Art Gallery all fees invoiced. We reserve the right to alter the payment terms and fees from time to time. 

    Refunds & Returns 

22. All sales are final and refunds will not be given unless the product breaches a guarantee under the Consumer Guarantees Act 1993. There is no refund or exchange if: 

    • you change your mind 

    • your circumstances change 

    • you find cheaper products elsewhere. 

23. If an art product is damaged in transit and unable to be repaired, please photograph the packaging as well as photographing the damaged art inside. A refund or exchange may be available. Please contact us directly if this happens. info@proteanart.co.nz 

24. There are no returns or refunds on original artworks or limited edition prints as these are hand-printed to order. If damage occurs in transit please contact me directly.

25. All applications for a refund must be made in writing.