Art by the River – Legal Information
This website is owned and operated by Art by the River Limited, an art gallery in Whanganui, New Zealand.
We are committed to fair dealing, clear communication, and protecting your rights under New Zealand law.
Our legal policies are set out in three parts:
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Terms & Conditions – The rules for buying art, including from our website.
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Privacy Policy – How we handle your personal information.
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Shipping & Returns Policy – How we deliver artworks and manage returns.
Terms & Conditions
Effective Date: 1 August 2025
Key Points – Plain Language Summary
- Buying Art – We sell artworks from New Zealand and international artists. All prices are in NZD unless stated otherwise.
- Payments – Secure payments are handled by Stripe. Payment must be made in full before dispatch or collection.
- Shipping – NZ delivery can be paid at checkout. International shipping requires a quote, and you are responsible for any import duties, taxes, or customs clearance charges. If shipping isn’t paid, you must collect from our gallery within 3 months.
- Authenticity – We take care in descriptions but give no absolute guarantees. If an independent expert finds a work is not genuine or materially misdescribed, you can return it for a full refund – that’s your only remedy.
- Returns – Except for the above, all sales are final.
- Liability – We limit our liability to the fullest extent allowed under New Zealand law.
Full Terms & Conditions
1. General
1.1 These Terms and Conditions govern the sale of artworks by Art by the River.
1.2 All sales and transactions are subject to New Zealand law, and any disputes will be subject to the exclusive jurisdiction of the New Zealand courts.
2. Payments
2.1 All payments are securely processed through Stripe.
2.2 Prices are in New Zealand dollars (NZD) unless otherwise stated.
2.3 Payment must be received in full before any artwork is shipped or collected.
3. Shipping and Collection
3.1 New Zealand shipping – Where available, shipping within New Zealand can be selected and paid for at the time of purchase.
3.2 International shipping – For delivery outside New Zealand, you must request a shipping quote. Shipping will only be arranged once the quote is accepted and fully paid. You are solely responsible for any import duties, taxes, or customs clearance charges in your country.
3.3 If shipping costs are not properly paid, the artwork will not be sent and must be collected from Art by the River Gallery, Whanganui, within 3 months of purchase. If not collected within this period, ownership will revert to Art by the River Limited and no refund will be given.
3.4 We take reasonable care to ensure artworks are packed securely, but we are not responsible for delays, damage, or loss in transit caused by third-party carriers.
4. Authenticity and Descriptions
4.1 We take reasonable care to ensure that all artworks are accurately described and represented.
4.2 Unless specifically stated otherwise in writing, no guarantees of authenticity, provenance, or future value are provided.
4.3 If you can demonstrate with credible authority (e.g., from a recognised expert in the relevant field) that an artwork is not genuine or is materially not as described, the artwork may be returned for a full refund. This is the sole and exclusive remedy available in such cases.
4.4 Returned artworks must be in the same condition as when sold.
5. Returns and Refunds
5.1 Except as stated in clause 4.3, all sales are final.
5.2 Refunds (where applicable) will be made to the original payment method once the returned artwork is received and inspected.
6. Limitation of Liability
6.1 To the maximum extent permitted by law, Art by the River Limited shall not be liable for:
- Any indirect, incidental, special, or consequential loss;
- Any loss of profit, revenue, or data; or
- Any claim exceeding the amount paid for the artwork in question.
6.2 Nothing in these Terms limits your rights under the Consumer Guarantees Act 1993 or any other law that cannot be excluded under New Zealand law.
7. Privacy
7.1 Personal information is collected and used in accordance with our Privacy Policy.
7.2 Payment information is handled securely by Stripe and is not stored by us.
8. Intellectual Property
8.1 All content on the Art by the River website, including images and text, is the property of Art by the River Limited or its licensors and may not be reproduced without permission.
9. Amendments
9.1 We may update these Terms and Conditions from time to time. The version in effect at the time of purchase will apply to that transaction.
Privacy Policy
Effective Date: 1 August 2025
Key Points – Plain Language Summary
- We collect only the personal details we need to process your order and provide services.
- Payments are processed securely by Stripe – we don’t store your card details.
- We keep your data safe and only share it when necessary, such as with couriers or payment providers.
- You can request access to or correction of your personal data at any time.
- We never sell or trade your information.
Full Privacy Policy
1. Purpose
This Privacy Policy explains how Art by the River Limited collects, uses, stores, and protects your personal information in accordance with the Privacy Act 2020 (New Zealand).
2. Information We Collect
We may collect the following information when you use our website or make a purchase:
- Your name, address, phone number, and email address.
- Payment details (processed securely by Stripe; we do not store your credit card information).
- Order and transaction history.
- Any information you provide when contacting us.
3. How We Use Your Information
We collect and use personal information for the following purposes:
- To process and fulfil orders for artworks.
- To arrange shipping or collection of artworks.
- To communicate with you regarding your order or enquiries.
- To maintain internal records.
- To send you marketing communications if you have given consent (you may opt out at any time).
4. Sharing Your Information
We will only share your personal information when necessary to:
- Process payments through Stripe.
- Arrange shipping with postal or courier services.
- Comply with legal obligations or respond to lawful requests.
We will never sell, rent, or trade your personal information.
5. Storage and Security
We take reasonable steps to protect your personal information from unauthorised access, alteration, or disclosure.
Information is stored securely in electronic form, and access is limited to authorised personnel.
6. Your Rights
Under the Privacy Act 2020, you have the right to:
- Request access to any personal information we hold about you.
- Request corrections to that information.
- Request deletion of your personal information, where it is not required for legal or operational purposes.
Requests can be made by contacting us at the details below.
7. Cookies and Website Analytics
Our website may use cookies and analytics tools to improve user experience and measure traffic. You can disable cookies in your browser, but some site features may not work as intended.
8. Changes to This Policy
We may update this Privacy Policy from time to time. The current version will always be available on our website.
3. Shipping & Returns Policy
Effective Date: 1 August 2025
Key Points – Plain Language Summary
- NZ shipping – Pay at checkout for delivery within New Zealand.
- International shipping – Contact us for a quote. You are solely responsible for any import duties, taxes, or customs clearance charges in your country.
- Collection – If shipping isn’t paid, collect your artwork from our gallery within 3 months.
- Damage or delays – We pack carefully but aren’t responsible for carrier delays or damage; you may want transit insurance.
- Returns – Only accepted if an artwork is proven not genuine or materially misdescribed, or as required under the Consumer Guarantees Act 1993.
- Refunds – Processed once the returned artwork is received in original condition.
Full Shipping & Returns Policy
1. New Zealand Shipping
1.1 Shipping within New Zealand can be selected and paid for at the time of purchase.
1.2 We use reputable courier or freight companies, and artworks are packaged with care.
1.3 Delivery times vary depending on destination and carrier schedules.
2. International Shipping
2.1 For deliveries outside New Zealand, you must request a shipping quote.
2.2 Shipping will only be arranged once the quote is accepted and fully paid.
2.3 You are solely responsible for any import duties, taxes, or customs clearance charges in your country.
3. Collection from Gallery
3.1 If shipping costs are not fully paid (including if you select and pay the incorrect shipping option), your artwork will not be sent.
3.2 In such cases, you must collect your artwork from Art by the River Gallery, Whanganui, within 3 months of purchase.
3.3 If the artwork is not collected within this period, ownership will revert to Art by the River Limited and no refund will be given.
4. Risk and Responsibility
4.1 Risk in the artwork passes to you once it leaves our premises.
4.2 We are not responsible for delays, damage, or loss caused by third-party carriers.
4.3 You may wish to arrange your own transit insurance for high-value items.
5. Returns Policy
5.1 Except as stated in 5.2 below, all sales are final.
5.2 You may return an artwork for a full refund if:
- You can provide credible expert evidence that it is not genuine or is materially not as described; or
- We are required to do so under the Consumer Guarantees Act 1993.
5.3 Returned artworks must be in the same condition as when sold.
5.4 You are responsible for return shipping and insurance, unless otherwise agreed in writing.
6. Refund Process
6.1 Refunds will be issued to the original payment method once the returned artwork has been received and inspected.
6.2 We will aim to process refunds promptly but may take up to 10 working days after receipt of the artwork.
Contact for All Legal, Privacy, and Shipping Matters:
Art by the River Limited
1B Bell Street
Whanganui 4500
New Zealand
art@artbytheriver.co.nz