Terms & Conditions

This website is owned and operated by Kate Horn Artist. Your use of this website, including any purchases of artwork or goods produced and/or sold by Kate Horn Artist (“Good(s)”), shall be governed by the these terms and conditions. By using this website you agree to be bound by these terms and conditions.

Intellectual Property

1. Kate Horn 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.katehornartist.co.nz.

2. This website is for your personal non-commercial use.

3. 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 Kate Horn Artist without our prior written consent.

Buying from Kate Horn Artist

Goods (artwork) 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

Kate Horn 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 

1. The price for the products outlined on the online shop are in New Zealand dollars. No GST (New Zealand Goods and Services Tax) is included as we are not GST registered.

2. 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 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.

General

1 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.

2. 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.

3. You are solely responsible for the actions you take in reliance on the content on, or accessed through, this website.

4. 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.

5. 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.

6. 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.

7. 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 May 2024