Terms and Conditions
The following terms and conditions of Olivier Duhamel Artist online shop.
By visiting my website and/or placing an online order with me, you engage in my service (Service) and you agree to, and are bound by, these Terms.
Online shop terms
By agreeing to these Terms, you represent that you are at least 18 years of age.
You may not use my website or products for any illegal or unauthorised purpose.
A breach or violation of any of the Terms will result in an immediate termination of my Services.
I reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (except credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website, without express written permission by me.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Taxes, customs, and duties
All prices listed on the Website are inclusive of New Zealand GST (Goods and Services Tax) for New Zealand customers only.
I also deliver internationally, and I am not liable for any taxes, customs or import duties which may be incurred once the item reaches its destination country. These costs are your responsibility. I am not liable in any instance where an item does not reach its international delivery destination, due to your failure to pay any necessary taxes, customs and duties.
Returns and exchanges
The online shop operates Monday to Friday during business hours of 9am to 5pm. Once your online order has been processed and sent, I will issue you with a tracking number (within New Zealand and with an international courier) so you can monitor your parcel’s journey.
This service is subject to processing time and product availability. I will advise you by email if there is an expected delay.
For orders shipped within Auckland and the North Island, please allow 2–3 business days for delivery. For orders delivering to rural addresses and the south island, please allow an extra business day for delivery. Orders placed around public holidays may take longer to be delivered.
All orders are sent with NZ Post or Urgent couriers. Goods are insured up to the value of $2,000.
To determine shipping please begin the checkout process. After entering your address, you can review your order with shipping charges added.
You are responsible for all customs duties, tariffs and taxes that apply to your purchase.
Delivery should usually take 5 to 10 business days for standard international air and 2–6 business days with an international courier to reach your country, provided there are no unforeseen circumstances. Orders placed around public holidays may take longer to be delivered.
If you would like to return an item, contact me immediately on Olivieroduhamel@gmail.com
If your item has been damaged in transit, please let me know immediately.
Change of mind returns and exchanges are subject to my discretion. If approved, change of mind returns and exchanges must be processed within 28 days of the original purchase transaction.
If you are returning an item, the item returned must be in its original product packaging and in saleable condition. Please package the physical item as securely as possible. I am not liable for lost returns parcels or any damage incurred to a returns parcel in transit. I recommend using a track and trace courier service.
The cost of delivery for change of mind returns or exchanges is not refundable. A further delivery fee will be charged for sending out all exchanges.
All sale and discounted items are final sale. I cannot provide refunds, returns or exchanges on these items.
All refunds will be made using the payment method [and to the credit card] that was used to make the original purchase.
If the Consumer Guarantees Act 1993 applies to your purchase, nothing in this returns policy limits your rights under that Act.
The Website shares its stock inventory with my studio located on Waiheke Island, New Zealand. As a result, all products are subject to availability. If items from my physical store are purchased and sold at the same time that an order for an item online is processed, then the online item will unfortunately not be available. In such instances, I will notify you as soon as possible via email and do my best to fulfil the order, cancel the order, offer a similar or alternative product.
I reserve the right, but are not obligated, to limit the sales of my products to any person, geographic region or jurisdiction. I may exercise this right on a case-by-case basis. I reserve the right to limit the quantities of any products or services that I offer. I reserve the right to discontinue any product at any time.
I endeavour to provide you with accurate descriptions and specifications of all my products. All descriptions and specifications are correct at the time of publication and have been written to the best of my ability. However, I cannot guarantee that all descriptions, specifications and content are entirely accurate or error-free. Photographic representations of products on my Website do provide a close representation of the products in real life, however, I cannot accept any responsibility for any variation in colour caused by the browser software or computer system used by the customer. Measurements of products’ physical dimensions are an approximation and are intended as a guide. I shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the products on this Website.
Prices listed on my Website are current at time of display and are subject to change without notice.
Any reliance on the material on this Website is at your own risk.
Accuracy of billing and account information
I reserve the right to refuse any order you place with Me. I may, in my sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that I make a change to or cancel an order, I may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. I reserve the right to limit or prohibit orders that, in my sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made through my Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that I can complete your transactions and contact you as needed.
Modifications to the service and prices
Prices for my products are subject to change without notice.
I reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
I shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Disclaimer of warranties, limitation of liability
I do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free.
I do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time I may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that use of, or inability to use, the Service is at sole risk. To the extent permitted by law, the Service and all products and services delivered to you through the service are (except as expressly stated by me) provided ‘as is’ and ‘as available’ for 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.
To the extent permitted by law, I, my employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall not be liable for any injury, loss, claim, or any 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 use of any of the Service or any products procured using the Service, or for any other claim related in any way to 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.
Consumer Guarantees Act 1993
If the Consumer Guarantees Act 1993 applies to use of the Service and purchase of products through the Website, nothing in these Terms is intended to limit rights under that Act.
If you are using the Website or its content in trade, you agree that the Consumer Guarantees Act 1993 does not apply to use of the Website or purchase of goods from me.
You agree to indemnify, defend and hold harmless me and my affiliates, officers, directors, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of breach of these Terms, or violation of any law or the rights of a third-party.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or me. You may terminate these Terms of Service at any time by notifying me that you no longer wish to use my Services, or when you cease using my Website.
If in my sole judgement you fail, or I suspect that you have failed, to comply with any term or provision of these Terms, I also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to my Services (or any part thereof).
The failure of me to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by me on this Website or in respect of the Service constitutes the entire agreement and understanding between you and me and govern use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and me (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against me.
These Terms and any separate agreements whereby I provide you Services shall be governed by and construed in accordance with New Zealand law.