Terms & Conditions
This website is owned and operated by Briar Duggan as Briar York - Artist. Your use of this website, including any purchases of artwork or goods produced and/or sold by Briar York Artist (“Good(s)”), shall be governed by these terms and conditions. By using this website you agree to be bound by these terms and conditions.
Intellectual Property
Briar York 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.briaryorkartist.com
This website is for your personal non-commercial use.
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 Briar York Artist without our prior written consent.
Goods (original artwork, gifts, vouchers, prints) information
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
Briar York 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
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.
Overseas customers will be responsible for all applicable local taxes in their chosen shipping destination.
Stock availability
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 to 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
Local Pick up is available. I am based in the Bay of Plenty area. Simply select at check out and I will be in touch to arrange a pick up time :)
In New Zealand shipping is free. Yipee!
International shipping costs are added as a flat rate at the checkout, with the exception of resin artworks (see below). Shipping costs will vary depending on the size, weight, number of goods ordered and shipping address (further information regarding taxes and duties can be found, below).
Canvas originals are sent as loose canvas pieces. If the piece is already on stretcher bars and framed, I will un-stretch it roll it up and post in a tube. The piece can then be re-stretched and framed at a framers, at your end. The best thing to do is to contact me first HERE as unframing the piece will reduce the price of the artwork for you. (this only applies to international shipping)
All Paper and canvas prints are also sent in a tube. I will not send framed prints as it is too risky to send glass.
Resin artworks can be carefully packaged and sent. Please note that posting these is a little more expensive but still possible. Simply contact me HERE for a postage quote before you purchase if you would like to know more.
Stretching and framing in your country - I am more than happy to provide you with recommendations around what to look and ask for when choosing a framer and framing options. Request help HERE
Any taxes or duties applicable at the delivery destination are the sole responsibility of the purchaser. This is estimated by the postage carrier when pick up is booked and amended once the parcel reaches customs. I will be in touch is there are any issues, and any additional costs will be invoiced to you. So far, the estimates have always been very accurate.
Approximate delivery times following dispatch are as follows:
New Zealand – 5 - 7 working days
Australia – approximately 10 - 14 working days
Rest of the world – approximately 21 working days
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. I will always communicate any delays with you. Please contact us if you have not received your item one week after the estimated timeframe. To the extent permitted by law, Briar York Artist will not be liable for losses arising out of or in connection with late delivery or delay.
We take no responsibility for any Goods that go missing or are undelivered as a result of you providing incorrect or insufficient delivery information.
Goods will not be shipped unless full payment has been received by Briar York Artist for both the Goods and associated shipping costs.
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. If there is any damage to the packaging, I highly recommend that you check the artwork before signing for it. Take photos immediately if you have any concerns, please.
Returns and Refunds
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).
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).
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 briaryorkartist@gmail.com and provide the reason(s) as to why you wish to return the Goods.
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 Briar York Artist. If you choose to use an alternative delivery return service, Briar York Artist will not cover the costs of that service.
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.
We will not issue a refund or replacement until the Goods have been received. If you have any problems regarding your order, please contact briaryorkartist@gmail.com
Nothing in these terms will limit or affect your statutory rights, including under the Consumer Guarantees Act 1993 and Fair Trading Act.
General
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.
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:
the supply of Good in accordance with these Terms and Conditions or
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.
You are solely responsible for the actions you take in reliance on the content on, or accessed through, this website.
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.
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.
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.
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 October 2023