Terms of service
Last Updated: 3 July 2026
Welcome to Kirstin Shields Art ("we", "our", "us").
By accessing our Website or purchasing Products from us, you ("you", "your") agree to these Terms of Service.
What are these Terms about?
These Terms apply when you use this website, being kirstinshieldsart.com and any other websites we operate with the same domain name and a different extension ("Website").
These Terms also apply when you purchase products through this Website ("Products").
Our Privacy Policy explains how we collect, use and protect your personal information. By using our Website, you also agree to our Privacy Policy, which can be found here.
Please take a moment to read these Terms of Service carefully. By using our Website or placing an order, you agree to these Terms.
How do I read these Terms?
To make these Terms easier to read and understand, we've divided them into three parts:
Part A: Terms that apply when you purchase Products from us.
Part B: Terms that apply when you browse and use our Website.
Part C: Liability, warranties and other legal provisions that apply whenever you use our Website or purchase Products from us.
If you have any questions about these Terms, please feel free to contact us. By using our Website or placing an order, you acknowledge that you have read, understood and agreed to these Terms.
I’ve returned to your Website, do I need to read these terms again?
Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.
Part A: For When You Buy Products
SUBMITTING AN ORDER
By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:
- you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
- you are authorised to use the debit or credit card you provide with your Order.
Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
ACCOUNTS
To submit an Order and/or to purchase a Product, you may be required to sign-up, register and receive an account through the Website (an Account).
As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
Once you complete the Account registration process, we may accept your registration and provide you with an Account.
We may suspend or cancel your Account if you do not comply with these terms or any other reason on notice to you.
PRODUCTS
We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
Ownership of the Products remains with us until they have been paid for in full.
Once the Products have been delivered to the delivery address provided with your order, responsibility for the Products passes to you.
Please ensure that delivery can be accepted at the nominated delivery address.
PAYMENT
All prices are in:
- per unit (except where indicated);
- in New Zealand dollars (NZD) or in Australian dollar (AUD) if based in Australia; and
- subject to change prior to you completing an Order without notice.
(Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
(GST) Unless otherwise indicated, amounts stated on the Website includes GST. In relation to any GST payable for a taxable supply by the Company, you must pay the GST. The Company will provide a tax invoice upon request or as required by law.
(Card surcharges) The Company reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(Online payment partner) We may use third-party payment providers, including Shopify Payments, PayPal and other payment providers (Payment Providers) to collect payments for Products. The processing of payments by the Payment Providers will be, in addition to these terms, subject to their respective terms, conditions and privacy policies, which can be accessed at Shopify Payments and PayPal.
To the maximum extent permitted by law, we will not be liable for the security or performance of any Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
Pricing( errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
DELIVERY AND SHIPPING
(Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
(Delivery Details) The Company may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:
- delivery is to the delivery point specifically accepted by the Company; and
- we will deliver the Products to you in accordance with the shipping information displayed on our Website.
(Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
(International Orders) The Company reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
CHANGES TO YOUR ORDER
CANCELLATION BY US
We reserve the right to cancel your order for any reason and we will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
CANCELLATION BY YOU
You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process may apply.
RETURNS AND REFUNDS
It’s important that you feel happy and confident about your purchase. Please take a moment to review our returns and refunds policy below:
CHANGE OF MIND
Selecting artwork is a personal and thoughtful choice. As each piece is custom-made to order, we’re unable to accept returns or offer refunds for change of mind - this applies to both canvas prints and original artworks. If you have any questions before purchasing, we are more than happy to help. Feel free to reach out for support or more details at Kirstin.Shields@gmail.com
DAMAGED OR DEFECTIVE ORDERS
In the unlikely event your order arrives damaged or with a manufacturing defect, we’ll gladly provide a replacement or full refund.
To arrange this, please contact us straight away (within 48hrs) so that we can quickly resolve:
- Take a clear photo of the issue
- Take a photo of the barcode label on the packaging
- Send photos to Kirstin.Shields@gmail.com and we will work to resolve the issue and make it right.
COLOUR VARIATION IN ARTWORK
We do our best to represent each artwork accurately through high-quality photos and descriptions. However, colours may appear slightly different on various screens. Please keep this in mind when making your purchase, as returns for colour variation cannot be accepted.
LOST ORDERS
If your artwork hasn’t arrived or appears to be lost in transit, get in touch as soon as possible. We’ll investigate and arrange a replacement or refund where appropriate.
If you need help or have any concerns, please don’t hesitate to reach out anytime at Kirstin.Shields@gmail.com
INTELLECTUAL PROPERTY
The Company retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
In these Terms, "intellectual property rights" includes all copyright, trade marks, designs, patents, trade and business names, company and domain names, confidential information, proprietary rights, and any rights to register those rights, whether created before or after the date of these Terms and Conditions, in New Zealand and throughout the world.
THIRD PARTY TERMS SUPPLIERS
If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Website, you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Products or any services related to providing the Products and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms).
PART B - For When You Browse This Website
ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
YOUR OBLIGATIONS
You must not:
- copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of the Company;
- use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
- use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
- use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
- use the Website with the assistance of any automated scripting tool or software;
- act in a way that may diminish or adversely impact the reputation of the Company, including by linking to the Website on any other website; and
- attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
-
gaining unauthorised access to Website accounts or data;
- scanning, probing or testing the Website for security vulnerabilities;
- overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
- instigate or participate in a denial-of-service attack against the Website.
INFORMATION ON THE WEBSITE
While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:
- the Website may have errors or defects (or both, as the case may be);
- the Website may not be accessible at times;
- messages sent through the Website may not be delivered promptly, or delivered at all;
- information you receive or supply through the Website may not be secure or confidential; and
- any information provided through the Website may not be accurate or true.
- We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content (as defined below).
INTELLECTUAL PROPERTY
The Company retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from the Company or as permitted by law.
In these Terms, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in New Zealand and throughout the world.
LINKS TO OTHER WEBSITES
The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
THIRD PARTY PLATFORM
This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here.
To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
SECURITY
To the maximum extent permitted by law, the Company does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
Part C Liability And Other Legal Terms
WARRANTIES
Under the Consumer Guarantees Act 1993 (NZ) (CGA), you may be entitled to certain remedies (like a refund or replacement) if there is failure with the goods or services provided. Nothing in these terms is intended to limit the operation of the CGA. Please note that:
- Products sold by the Company, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
- To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
LIABILITY
To the maximum extent permitted by law, our total liability for any loss or damage arising in connection with these Terms, is limited to the amount paid by you for your most recent Order. This limitation does not apply to loss or damage arising from your failure to pay for Products or any breach of our intellectual property rights.
Claims for Products that are lost or damaged during transit must be made directly with the carrier responsible for delivery.
CONSEQUENTIAL LOSS
To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any Products or services provided by us, except:
- in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
- to the extent this liability cannot be excluded under the Consumer Guarantees Act 1993 (NZ) or the Fair Trading Act 1986 (NZ).
GENERAL
GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in New Zealand. Each party irrevocably submits to the exclusive jurisdiction of the courts of New Zealand and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
INTERPRETATION
- (singular and plural) words in the singular includes the plural (and vice versa);
- (currency) a reference to $, or “dollar”, is a reference to New Zealand dollars (NZD); and a reference to Australian dollars (AUD)
- (gender) words indicating a gender includes the corresponding words of any other gender;
- (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
- (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
- (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
- (headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (includes) the word “includes” and similar words in any form is not a word of limitation; and
- (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
NOTICES
- Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement.
- If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.
- The notice will be considered to be delivered 24 hours after it was sent,
- unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.