Information for Artists and Buyers

Your access to and use of this site is subject to the following terms and conditions and all applicable laws. By accessing and browsing this site you accept, without limitation or qualification, the following terms and conditions:

Copyright
All images remain the copyright of the artist and may not be copied or reproduced without the consent of the artist. Original heART Ltd endeavours to protect intellectual property rights. Toward this end, Original heART Ltd seeks to obtain assurances from artists and individuals displaying images on or providing information to Original heART Ltd or on the originalheART.co.nz site that the materials and information provided by such persons and entities do not infringe any third party's rights. In addition, Original heART Ltd has the right to terminate, in appropriate circumstances, the accounts of any users of the originalheART.co.nz site who infringe any third party proprietary rights, whether on a single instance or repeatedly.

Accuracy of information
While every endeavour has been made to supply accurate information on this site, errors and omissions may occur. Accordingly, Original heART Ltd does not accept any liability for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission, whether negligent or otherwise, contained on this site.

Changes to this site
Changes or updates to the content of this site may occur at any time without notice. You are bound by any such changes or updates and should therefore periodically visit this page to review the current terms and conditions to which you are bound.

Privacy
If you are an individual, Original heART Ltd may use any information given to it by you for the following purposes:
o Providing services to you.     
o Marketing Original heART Ltd's other products and services.

You have the right at any time to request an update or correction of the information held by Original heART Ltd, or to have Original heART Ltd remove your name from original heART’s mailing list.

Links
Original heART Ltd has not reviewed all or any of the sites linked to this site and is not responsible for the content of any off-site pages or any other sites linked to this site. Original heART Ltd requests that you seek permission prior to linking to this site. Your linking to this site, off-site pages or other sites is at your own risk.

No liability
Your use of and browsing in this site are at your risk. None of Original heART Ltd, any of its agencies, or any other party involved in creating, producing or delivering this site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, this site.

Code of practice
original heART Limited supports the 'New Zealand Internet Code of Practice'.

Original heART Ltd's Relationship to You. Original heART Ltd is not a party to any transaction relating to the Art. Original heART Ltd is only a venue for sellers to list Art and for buyers to purchase such Art. Original heART Ltd has no control over the sellers, buyers or any aspect of the transactions. We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of any New Zealand law under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.

EXHIBITING AND SELLING ART

Exhibiting Policy: In order to exhibit your Art for sale on the Site, you agree to complete and submit to us an Artist Registration form.  This can be found on the website under artist information by following the link on the home page, or the form can be emailed to you. A list of requirements for exhibiting artworks is listed below.

Exhibiting  Period. Featured Exhibition room:  Artwork is exhibited in the featured exhibition room for 1 month. After this time the artist can choose to have some of the artwork exhibited in the general gallery room.   General Gallery rooms:  Art may be listed on the site for the entire time you are a registered user.  A reminder email will be sent every three months to ensure the artist still wants to exhibit the artwork.  Original heART Ltd reserves the right to remove any art deemed inappropriate by Original heART Ltd. The artist may remove the Art from the Site at any time.

Basic Exhibiting Obligation. By listing Art on the Site, the seller agrees to sell the Art once a buyer has completed payment for the art piece.

When submitting artwork for exhibition please provide:

- image of the artwork in jpeg format not greater than 150kb

- image of the artwork in tiff or jpeg format - high a quality - for any print publicity original heART may put out.

- a short description of the art work including size, materials used.

- the price of the artwork (including GST and commission)

PURCHASING ART

Purchasing. You must fill in the Purchasers Regristration form in order to purchase the Art. The transaction will be complete when payment for the artwork and any other associated charges has been received by original heART Ltd.

Buyer Liable for Purchase Price, Freight and Transportation Fees and Sales Tax. Buyers are liable for the posted purchased price of the piece(s) of Art, any insurance, packing, freight and shipping fees associated with the purchase, and any applicable sales tax (collectively, the "Purchase Fees").

Payments. Payment for the Art may be made by direct credit to the original heART Ltd bank account.  All posted purchase prices are listed according to their value in New Zealand dollars. If payment is made by cheque, the piece(s) of Art will not be marked as sold until the cheque clears and payment is received by original heART ltd. If the cheque has not cleared within thirty (30) days, the order will be canceled.

DELIVERING THE PURCHASED ART

Shipping and Packing. Seller shall pack the piece(s) of Art and ship them to the address specified by buyer. The piece(s) of Art should be packed so as to protect them during shipment. Original heART Ltd shall not participate in the packing and shipping process, and in no event shall Original heART Ltd be liable for any damages of any kind arising from the packing or shipment of any Art. Artwork must be shipped within the deadline set by the seller when listing the piece. A seven day grace period is allowed; however, if at the end of the grace period the artwork has not been shipped the order will be cancelled and refunded to the customer.

Freight and Transportation. The buyer is responsible for the costs associated with all freight, shipping and other costs related to transporting the Art from the seller's location.

Ownership Transfer. The Art shall be and remain the risk of the seller until it is shipped to the buyer, and thereafter the risk shall shift to the buyer.

RETURNS

Return Period. Unless otherwise stated under "Returns" for a particular piece of Art, a buyer may return a piece of Art within seven (7) days after the date of buyer's receipt of such piece of Art (the "Return Period"). No returns will be accepted after such period. After marking the order as returned the buyer must ship it to the seller within ten (10) days, if the return is not shipped within ten days it will be canceled and the order will be paid to the seller.

Return Process. If a buyer elects to return a piece of Art, the buyer must mark the order as returned during the "Return Period" by emailing info@originalart.co.nz with information about the return and delivery details. If the returned piece of Art has not been altered and is returned within the Return Period, seller shall accept the returned piece of Art and notify the buyer and Original heART Ltd of its acceptance of the returned piece of Art. Sellers must notify Original heART Ltd of any damage or other issues involving a returned piece of artwork within seven days of receiving the return. If no contact is made within seven days the return will be automatically refunded to the buyer. Once Original heART Ltd receives notification of seller's acceptance of the returned piece of Art, Original heART Ltd shall refund the buyer less any insurance, packing, freight and transport fees associated with buyer's purchase within thirty (30) days of notification of acceptance of the returned artwork by the seller.  Reimbursement shall be made by direct credit to the buyers bank account for or by cheque if payment was made by cheque or money order. Insurance, packing and shipping fees associated with the return of the returned piece of Art shall be the sole responsibility of the buyer, and Original heART Ltd shall have no obligation to reimburse the buyer for such amounts.

FEES, COMMISSIONS AND PAYMENTS TO SELLER

Fees and Commissions. Our seller fees and commissions are 20% of the purchase price of the artwork as listed on originalheART.co.nz.  Original heART Ltd may change its fees, payments and commissions from time to time.

Remittance of Proceeds. Original heART Ltd shall remit the Purchase Fees to seller, after first deducting Original heART Ltd's posted fees and commissions, within forty-five (45) days after the later of (i) the date of shipment of the Art to the buyer and (ii) the date when Original heART Ltd verifies receipt of the Purchase Fees from buyer. Payments will be made to seller either by direct credit into a sellers nominated bank account or by cheque.

SALES TAXES

Tax Responsibility. Title to the Art does not pass to Original heART Ltd. The seller is the retailer for sales and income tax purposes. The seller shall file all sales and income tax returns in accordance with applicable law, and each seller shall indemnify Original heART Ltd against any tax, cost or expense relating to the failure of such seller to satisfy any tax liability related to the sale of such seller's Art.  All prices listed for artwork on originalheART.co.nz must include GST.

RESTRICTED ACTIVITIES

Any information you provide during the registration, listing or sale/purchase process and your activities or user of the Services on the Site shall not: (i) be false, inaccurate or misleading; (ii) be fraudulent or involve the sale of counterfeit or stolen items; (iii) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iv) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (v) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (vi) be obscene or contain child pornography; (vii) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (viii) create liability for Original heART Ltd or cause it to lose (in whole or in part) the services of its ISPs or other suppliers; or (ix) link directly or indirectly to or include descriptions of goods or services that: (a) are prohibited under these Terms of Service; (b) are concurrently listed for sale on a website other than the Site; or (c) you do not have a right to link to or include.

INTELLECTUAL PROPERTY

Your Information. You agree to grant Original heART Ltd a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to exercise the copyright, publicity, and database rights you have in the information you have provided to us, in any media now known or not currently known, including, without limitation, any images of your pieces of Art. Original heART Ltd will use such information solely to enable it to provide the Services.

The Site and Services. Original heART Ltd grants you a limited license to access and make personal use of this Site. The trademarks, trade names, designs and all material contained on this Site, including all portions of the website, content, site design, text, graphics, and all intellectual property rights thereto ("Site Content") are the sole and exclusive property of Original heART Ltd or its licensors. The use of any such property for any other reason, on any other website, or the modification, distribution or republication of this material without the prior written permission of Original heART Ltd, is strictly prohibited. Any unauthorized use terminates the permission or license granted by Original heART Ltd. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Original heART Ltd or your profile page so long as the link does not portray Original heART Ltd, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

How We Handle Copyright Violations. Upon receiving notice of a potential copyright infringement, Original heART Ltd may immediately delete or suspend access to the infringing material. Original heART Ltd may also provide the user who posted the allegedly infringing material with contact information for the complaining party and may ask that the user work with the complaining party to resolve the dispute. If Original heART Ltd has deleted or suspended access to materials you posted on the Site because of a complaint that the posting infringed someone else's copyright, it will attempt to provide you with written notice of its actions. If you disagree with such actions and want to have the materials returned to the Site, please provide us with a written response within ten (10) days after receiving the notice from us (a "Response"). Each Response must contain the following:

Your physical or electronic signature;

§  Identification of the material that was deleted or made inaccessible;

§  A statement under penalty of perjury that you have a good faith belief that the material was removed or made inaccessible as a result of mistake or misidentification;

§  Your name, address and telephone number and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Original heART Ltd may be found, and that you will accept service of process from the person who complained that posting the materials constituted a copyright infringement or from an agent of that person.

§  A copy of your Response, including your name and address, will be sent to the person who complained about your posting. Original heART Ltd will then decide, in its sole discretion, whether to re-display the deleted materials on the Site.

GENERAL PROVISIONS

Third Party Links. Where Original heART Ltd provides links to third party Internet sites, no representations or endorsements are made in connection with such sites. Original heART Ltd is not liable for any damages or injury arising from use of such sites.

Service Integrity. Original heART Ltd makes reasonable commercial efforts to make its Services and Site available at all times. However, Original heART Ltd is not responsible for any interruptions to the website or internet that take originalheART.co.nz off the internet for any period.

OUR GUARANTEE

Satisfaction Guaranteed
Customer satisfaction is the driving force behind our actions and the reason we offer one of the industry's only 100% money-back guarantees. Your complete satisfaction is our goal and our guarantee.

No Hassle Returns
If, for any reason, you are not satisfied with your purchase you have a full 7 days to contact our customer service department and mark your order for return, no questions asked. Ship the piece back to the artist, and receive a 100% refund of the original piece price less original shipping cost.

Returns Policy

Returning an Item:
Unless otherwise stated for a particular piece of art, you may return a piece within seven days of your receipt of it. No returns will be accepted through Original heART Ltd after this seven day period has expired regardless of any other return period mentioned by the seller.

Any returned item is to be shipped directly to the seller, not to Original heART Ltd.

Return Process

1.     Contact our customer support team for return instructions by emailing info@originalheart.co.nz or phone +64 9 810 9488.

2.     Repack the product in its original packaging materials. If this is not possible, use new packing materials of the same quality.

3.     Return the item(s) to the seller, not Original heART Ltd. If you do not have the return shipping information for the seller Original heART Ltd can provide it to you. You are solely responsible for any and all shipping costs associated with returning the artwork to the seller.

4.     Insure item to its full value when shipping.

When returning a piece, use UPS, FedEx, or the delivery service used when it was shipped to you; the seller and Original heART Ltd will need the tracking number in order to check the status of the return.

Refunds
Refunds will only be issued when the proper return policy is followed.

If the returned piece has not been altered and is returned during the proper period, the seller will notify both you and Original heART Ltd. Upon notification of the seller's acceptance of the piece, Original heART Ltd will refund the buyer for the purchase (not including insurance, packing, freight, and transport fees associated with the purchase) within 30 days of the seller's acceptance of the artwork. You will be issued a cheque for this amount or be paid by direct credit to your nominated bank account. Both insurance and packing and shipping fees associated with the return of the piece are your responsibility; Original heART Ltd does not reimburse those amounts. You will be updated about the status of your return by e-mail.

After the seven day return period has closed and payment has been made to the seller any return or dispute must be handled directly with the seller. Please note that after payment is made to the seller accepting a return is at the seller’s discretion. If a return is agreed upon you will most likely be refunded the price of the piece less our commission and any shipping charges for the order.

Artwork Damaged in Transit
If your package looks damaged upon delivery or you find damaged artwork in your shipment, call us at +64 09 810 9488 or e-mail us at info@originalheart.co.nz  We will arrange to have it picked up and inspected. Be sure to keep the original packing materials.