terms and conditions

INTRODUCTION

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 Wholesale Terms and Conditions.

The information below, together with the Privacy Policy, and any linked documents, form the Wholesale Terms and Conditions that apply to the website, products, and services, defined as www.kdfinearttrade.nz.

Please read all policies and other linked documents carefully prior to using this website.

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 on or from, to you the Trade Customer, 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, noticies 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.

 

WEBSITE OWNERSHIP

This Website is owned and operated by KD Fine Art Photography. All content, including and without limitation, the text, photographs (images), graphics and copyrighted 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.

 

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 of 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 other to perfom or participate in any unlawful acts;
c) to violate andy international, federal, provincial or state regulations, laws, or local ordinances:
d) to infinge upon or violate intellectual property rights of others;
e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate gased 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 of 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 for the purchase of goods for business purposes, you agree that the Sale of Goods Act 1908 and the New Zealand Fair Trading Act 1986 applies in all instances.

 

PRICING, PRODUCTS, & PAYMENT TERMS

PRICING
GST is be payable on all Goods sold within New Zealand. 

All prices shown on this website are inclusive of GST and the GST component will be shown on all 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 must 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.

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.

PRODUCTS
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 the these.

Certain products and/or services may be available exclusively online through this website and may also be availabie in limited quantities, and/or be subject to return or exchange only conditions according to the Returns and Refunds Policy.

In the event of any change to or where I am unable to complete an order, I will 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, 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.

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 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.

PAYMENT TERMS
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 options include:
a) Online payment via direct credit to the bank account specified on the invoice;
b) Afterpay option via this website.

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.

 

ORDERS

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.

 

SHIPPING & DELIVERIES

Wholesale 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: info@kdfineart.co.nz.

NEW ZEALAND DELIVERIES
While the delivery service utilised by KD Fine Art Photography may include insurance for the Goods during transit, I make no representation and give no warranties in respect to such insurance and you will be responsible for obtaining any specific insurance you require in respect of the Goods during transit. Risk in respect of the Goods shall pass to you when the Goods are delivered to the carrier.

Please ensure you indicate the correct 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.

INTERNATIONAL DELIVERIES
You are responsible for obtaining insurance in respect of the Goods from the time they are made available and are delivered to the carrier and to the place of delivery.

All export and import documentation, licences, duties, taxes or other obligations or costs relating to the delivery of the Goods shall be your responsibility. I am unable to advise what customs charges may be applied to any international shipment by your country of residence and recommend getting in touch with your local customs office, so you are aware of any possible charges you may incur at your end.

 

DAMAGED, OR INCORRECT GOODS

Products are packed with care and attention to ensure the merchandise you order arrives in the best possible condition. In the unfortunate event your merchandise arrives damaged, or your order is incorrect:

a) Please email immediately me at: info@kdfineart.co.nz:
b) Retain all contents and packing materials, for their return;
c) When emailing, provide photographs showing the condition of the unopened package and/or damaged item(s);
d) Provide a copy of the original invoice and a list of incorrect items;
e) Merchandise accepted for return should be accompanied with the original, or a copy of, invoice and the return form provided.

Items that arrive in a damaged condition will be replaced or credited after verification of the damaged merchandise has been provided. Incorrect merchandise will be replaced. In both cases, a trackable return ticket will be issued for the return of the merchandise to KD Fine Art Photography.

Replacement products and credits will only be issued following my receipt of the returned merchandise.

 

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 ACCOUNTS

KD Fine Art Photography reserves the right to:
a) Accept or decline a Wholesale Customer registration;
b) Refuse any order placed with KD Fine Art Photography;
c) Limit or cancel quantities purchased per business, or per order. These restrictions may include orders placed by or under the same Wholesale Customer account, the same credit card, and/or orders that use the same billing and/or shipping address;
d) Limit or prohibit orders, unless undertaken through the role of a registered Wholesale Customer;
e) Withdraw the supply of goods or credit at any time upon provision of 48 hours’ written notice. Upon cancellation, with notice, all liabilities incurred by the Wholesale Customer become immediately due and payable to KD Fine Art Photography within seven (7) days;
f) Include you on 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.

KD Fine Art Photography reserves the right to close a Wholesale Customer account, without notice, if:
a) You have not placed an order for a period of twelve (12) months;
b) Being an individual, you are made bankrupt;
c) Being a company, you are placed in liquidation or receivership.

The Wholesale Customer may close their account with seven (7) days’ notice in writing to KD Fine Art Photography.

On termination, the Wholesale Customer must immediately settle any and all outstanding amounts at the time the account is closed. KD Fine Art Photography shall have the right to deal with unpaid Goods at its absolute discretion.

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. 

INTERNET SALES
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 Trade Customer registration, 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.

 

INTELLECTUAL PROPERTY

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 retail sale only and you may not copy, modify, 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

The Wholesale Terms & Conditions and Privacy Policy of the www.kdfinearttrade.nz website may change from time to time without notice. I encourage you to review these policies regularly for any changes.

These terms and conditions may be amended or replaced from time to time by KD Fine Art Photography. Any order placed after such amendment is made and placed on this website will represent an agreement by you to be bound by the amended terms and conditions.

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 Wholesale Terms and Conditions or any other policy, please email: info@kdfineart.co.nz.