The Toi Māori Store offers a wide range of high-quality Māori art work for sale and is proud to represent the work of Māori artists who are part of the national network of Toi Māori Aotearoa.
Terms and Conditions
1. Introduction
1.2 This website (Toi Māori Store) is owned and operated by Toi Māori Aotearoa.
1.3 Toi Māori Aotearoa may modify, alter, or otherwise update these Terms and Conditions when they deem necessary. Such amendments will be effective immediately upon posting of the amended Terms and Conditions on the website.
1.4 By placing an order you also agree to be bound by our Privacy Policy.
2. Definitions
In these conditions, unless the context otherwise requires:
Company means Toi Māori Aotearoa – Māori Arts New Zealand.
Purchaser means the person, or company purchasing goods from the Company.
Products mean the products being purchased by the Purchaser from the Company.
Contract means the contract between the Company and the Purchaser for the purchase of the goods.
Date of the contract means the dates when the contract arises from a quotation given by the Company.
2.1 The date of acceptance of the order by the Company.
or
2.2 Where the contract arises from a quotation given by the Company, the date upon written notification of acceptance of the quotation is received by the Company.
Contract price means the price of goods as agreed between the Purchaser and the Company.
Person includes a corporation, association, firm, company, partnership or individual.
Quotation shall mean the price on offer for a fixed term.
Manager is the Company’s appointed decision maker.
3. Acceptance
These terms and conditions issued by the Company shall apply to all orders for the goods and services made by the Purchaser after the date and time the order was placed.
The placement of an order implies full acceptance of the Terms and Conditions as stated hereon and implied.
Upon acceptance of these terms and conditions by the Purchaser, the terms and conditions are definitive and binding.
4. Price, Currency and GST
4.1 The Price shall be as indicated on the website or invoice provided by the Company to the Purchaser in respect of goods and/ or services supplied.
Prices do not include cost of delivery, insurance or courier serves.
4.2 Toi Māori Aotearoa may, at anytime change the price of goods advertised on this website without notice and at their sole discretion.
4.3 All prices on this website are stated in New Zealand Dollars (NZD) and are inclusive of the 15% Goods and Services Tax (GST).
Orders will be processed in New Zealand Dollars (NZD) only. When making purchases with a foreign currency, the Contract Price will be calculated and exchanged in New Zealand Dollars (NZD).
4.4 Payment for online sales are due at the time of ordering any goods.
4.5 Payment times will be stated on the invoice or any other work commencement forms.
a. Contracts become active when the Company supplies the Purchaser with an invoice or any other work commencement forms.
b. Goods ordered by the purchaser through invoice will be made available on the Toi Māori Store if the Purchaser fails to make payment before the due date stated on the invoice supplied by the Company or if the Purchaser has expressed to the Company that the order be cancelled.
4.6 The Purchaser agrees that the cost Price shall be determined by the Company.
5. Payments
5.1 The Company accepts payments made via credit card, online banking through POLi, direct bank payment for invoices only, or by any other method as agreed to between the Purchaser and the Company.
5.2 Payments shall be received upon purchasing the Goods from the Company.
5.3 Late payments by invoice shall incur interest at the rate 20% per annum calculated on a daily basis. This shall be payable on any monies outstanding under the Contract from the date payment was due until the date payment is received by the Company, but without prejudice to the Company’s other rights or remedies in respect of the Purchaser’s default in failing to make payment on the due date.
5.4 Without prejudice to any other remedies the Company may have, if at any time the Purchaser is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Goods to the Purchaser and any of its other obligations under the terms and conditions. The Company will not be liable for any loss or damage the Purchaser may suffer because the Company exercised its rights under this clause.
5.5 In the event that:
I. Any money payable to the Company becomes overdue, or in the Company’s opinion the Purchaser will be unable to meet its payments as they fall due; or
II. A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Purchaser or any asset of the Purchaser, then without prejudice to the Company’s other remedies at law
III. The Company shall be entitled to cancel all or any part of any order of the Purchaser that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to the Company shall, whether or not due for payment, immediately become payable.
6. Packaging and Delivery
Our artwork/s are delicate creations, and we take great care when packing to ensure safe delivery. If, however, your artwork is damaged during transit by third party courier services, please notify us within 3 working days of receiving your order. We will contact the courier company directly to resolve any claims.
In the case of attempted courier delivery, the Purchaser will need to work with local delivery agents to arrange re-delivery or depot collection.
Orders are dispatched Monday to Friday, however, there may be a delay with public holidays.
If purchasing an order from countries outside of New Zealand there is a possibility that the destination country’s customs service may inspect the parcel and may charge import duties, quarantine fees or other charges. This may be invoiced by the delivery provider on behalf of the Purchasers local customs service.
The Company has no control over the customs and postal services in other countries. The Company cannot quote and will not cover any such fees charged by the Purchasers local authorities – we advise the Purchaser to check with local custom services and track the purchased goods to ensure they are not help up in customs as non-response will result in return to sender after a period of time.
7. Courier Service
After successfully placing your order and payment is made, you will receive an email once your order has been dispatched, along with a tracking link.
The Toi Māori Store uses a signature required courier service for all orders. Should no one be present at the premises to sign for the parcel, a card will be left, and the parcel will be available for collection as outlined on the calling card.
When ordering within New Zealand, your artwork/s will be dispatched within 3-5 working days of your confirmed order, to the specified address. Oversized and international orders will be dispatched within 3-7 working days of your confirmed order, to the specified address.
Your order will be delivered anytime between 7am and 9pm and a signature will be required upon receipt of the artwork/s.
Goods delivered within New Zealand will be couriered using GoSweetSpot and International and oversized deliveries will be couriered using Pack and Send, which are professionally boxed and insured, as such, delivery times may vary.
8. Returns and Refunds
The Company will only accept returns and refunds for goods that have been damaged during transit by the Companies selected couriers.
In the event that you receive a damaged artwork/s, contact us immediately at store@maoriart.org.nz within 3 working days of receiving your order, including an image of the damaged goods and the original receipt or other proof of purchase.
Once the Company has received all necessary information, the Company will be in contact with the Purchaser to arrange for the damaged goods to be returned.
All damaged goods must be returned to;
Toi Māori Aotearoa
Level 4, Change House
150 Featherston Street
Wellington 6011
Once the returned goods are received by the Company and damage has been confirmed, you will have two options for compensation.
These are your options:
The Company will be responsible for any and all costs associated with returning damaged artwork/s to Toi Māori Aotearoa.
9. Governing Laws
These Terms of Trade will be interpreted in accordance with applicable government legislation, which will have exclusive legal jurisdiction over any dispute in relation to the products and/or services or these Terms of Trade.
10. Dispute Resolution
The Company will endeavour to resolve any dispute between the Purchaser and itself without the need for Court proceedings. Any such attempt is without legal prejudice.
11. Reservation of Title
Ownership and title of the goods remains with The Company until the purchased price and all other monies owing by the Purchaser, under the contract or any other contract to The Company, have been paid in full.
12. Warranty
The Company warrants that it compensates the Purchaser for any received goods damaged in transit to the Purchaser in the form of a reimbursement or replacement artwork of the same value, if written notice of the claim is received by the Company within three (3) days from the date the goods were delivered.
No claim shall be accepted under such warranty if any attempt to repair the defective goods is made by any person not authorised by the Company, or if the defective goods have been modified or incorrectly stored, maintained, or used.
If the Company elects to repair or replace any defective goods, such work shall be undertaken at such place that the Company may reasonably specify and the Purchaser shall be responsible for shipment of the defective goods to the place specified by the Company at their own cost and risk.
13. Liability
The Company shall not be liable for any loss of any kind whatsoever suffered by the Purchaser as a result of any breach of any of the Company’s obligations under the contract, including any cancellation of the contract or any negligence on the part of the Company, its servants, agents or contractors, nor shall the Company be liable for any loss, damage or injury caused to the Purchaser’s servants, agents, contractors, buyers, visitors, tenants, trespassers or other persons.
The Purchaser shall indemnify the Company against any claim by any such person.