Terms and Conditions

1. Application of Terms and Changes to Terms 

1.1 These Terms & Conditions (the “Terms”) govern the access and use of the artradie website (the “Website“), a multi-vendor online marketplace for New Zealand art by NZ artists owned and operated by artradie Limited (“we” / “us”). The Website can be accessed by both Sellers and potential Buyers of artworks. In these Terms, “user” includes Sellers, Buyers and any other individuals accessing the Website. By accessing or using the Website, users (“you”) agree to be bound by these Terms. If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
1.2 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
1.3 These Terms were last updated on 18 March 2024.

2. User Accounts

2.1 To create an account and use certain features of the Website, you may be required to provide certain personal information. You are responsible for ensuring the accuracy and completeness of such information. Any personal information you provide will be held in accordance with our Privacy Policy, a copy of which can be found here – Privacy Policy.
2.2 You are responsible for safeguarding your account credentials and any activity that occurs under your account. If you become aware of any unauthorised access or use of your account you must notify us as soon as reasonably practicable by sending an email to [email protected].
2.3 You must be at least 18 years old to sell or buy. 

3. Sellers

3.1 To sell artwork on the Website, you must register as a Seller and pay the applicable annual membership fees (which may be subject to change from time to time).
3.2 Sellers must be a New Zealand citizen or permanent resident of New Zealand and comply with all applicable laws and regulations regarding the sale of artwork.
3.3 Sellers are responsible for the accuracy and completeness of all information provided in their profiles and listings.
3.4 Sellers are solely responsible for the quality, description, and legality of the artworks they list.
3.5 All transactions for the sale of artwork are made between Sellers and Buyers.
3.6 artradie charges a membership fee of $60+GST (if applicable) for a 12-month subscription for one individual Seller. This fee will enable you to upload up to 12 artworks that you can promote and sell at any one time. The membership fee charged by artradie is subject to change (without notice). We will provide 72 hours notice to all our customers before the changes take effect. 
3.7 An additional fee will apply should you have more than 12 artworks to sell – please contact artradie at [email protected] to discuss.

4. Website Content

4.1 All content on the Website including images, descriptions, and logos is owned by or licensed to us and/or Sellers and is protected by copyright and other intellectual property laws.
4.2 You may not use any Website content for commercial purposes or establish a commercial link to the Website without written permission from us. To request permission, please email [email protected].

5. User Conduct

5.1 You agree to use the Website in a lawful and respectful manner.
5.2 You are prohibited from:

• Uploading any content that is culturally misappropriate and being used for personal and/or commercial gain.
• Uploading any content that is infringing, obscene, harmful, or threatening.
• Engaging in any fraudulent or deceptive activity.
• Interfering with the Website’s operation or functionality.
• Impersonating us or any other user of the Website

6. Disclaimers

6.1 We make no warranties or representations, express or implied, about the Website or its content.
6.2 We are not responsible for any errors or omissions in the Website or its content.
6.3 We are not responsible for any transactions between users or for any harm or damage resulting from such transactions.
6.4 We, and our partners, directors, agents, contractors, interns and employees are not responsible for any disputes arising between Buyers and Sellers.
6.5 While the Website may be accessed outside of New Zealand, we make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

7. Limitation of Liability

7.1 To the fullest extent permitted by law, artradie Limited shall not be liable for any losses incurred by you whether direct, indirect, incidental, consequential, or special damages arising out of or in connection with your use of the Website including, without limitation: (a) the Website being unavailable in whole or in part or performing slowly; and/or (b) any errors or omissions in any content or information provided in the Website.

8. Dispute Resolution

8.1 If a dispute arises between Buyers and Sellers, we encourage open communication to reach an amicable solution. However, if an issue persists, you have rights under the Consumer Guarantees Act (CGA) and Fair Trading Act (FTA). We recommend contacting the other party directly or seeking guidance from the Commerce Commission https://comcom.govt.nz/. Remember, the Disputes Tribunal or District Court offer formal options, but keep in mind any potential challenges in enforcing decisions against overseas Buyers.

9. Suspension and Termination

9.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to your account or the Website (or any part of it)
9.2 We reserve the right at any time to modify or discontinue the Website (or any part or content thereof) without notice at any time.

10. Indemnification

10.1 You agree to indemnify and hold harmless us, and our affiliates, from any claims, losses, damages, liabilities, costs, and expenses, including reasonable legal fees, arising out of or in connection with your use of the Website, any content you submit, or any breach of these Terms by you or someone accessing the Website through your account.

11. General

11.1 These Terms, and any dispute relating to these Terms or the Website, are governed by and are to be interpreted in accordance with the laws of New Zealand. The Courts of New Zealand shall have exclusive jurisdiction in relation to any dispute connected with these Terms or the Website.