GENERAL

1.1    In these Terms:
(a)    Agreement means any order relating to the Goods, together with these Terms.
(b)    Customer or You means the person buying Goods from the Seller.
(c)    Goods means the Goods specified in the Customer’s order.
(d)    Price means the price to buy or hire the Goods on our website or quote.
(e)    Seller, We or Us means The Art Therapist Limited and its successors and assigns.
(f)    Terms means these Terms and Conditions of Sale and Hire.

 

2.    ORDERS AND PRICE

2.1    You may place orders on our website at www.thearttherapist.co.nz or in response to our quote or invoice, in the case of art therapy bookings or consultations.
2.2    You agree that each order accepted by us will constitute a separate contract on the terms of this Agreement.  
2.3    You will pay the Price, which includes Goods and Services Tax.
2.4    Prices are quoted exclusive of delivery costs. Any courier or handling charges in relation to your order will be notified to you at the time you place your order and be added to the price.
2.5    Confirmation and acceptance by the Seller occur when the Seller acknowledges receipt of the order either through an automated email generated through the Seller’s website or other sales platform, or through a non-automated email, or some other form of communication accepting the order.  

 

3.    PAYMENT

3.1    Website payments: Payments you make via our website are processed by Stripe and its global affiliates (“Stripe”) or Laybuy.
3.2    Deposit: In the case of bookings, we will require payment of a deposit before we start processing your booking. Specific payment terms will be on our quote or invoice.
3.3    If you pay by credit card you agree to indemnify us against any default by your credit card company to make payment to us in full.
3.4    Unless otherwise agreed we will only start processing your order once you have made payment in full.
3.5    All payments by you will be full, free and clear of any deduction, withholding, set-off, counterclaim or other claim.
3.6    In cases where we provide you with credit, failure by you to make payment in full of any amount payable pursuant to this Agreement on the due date constitutes a default and, without prejudice to any of our other rights or remedies, simple interest at 1% per month will be payable on demand from the due date until payment.
3.7    You indemnify us against all loss, costs and expenses, including legal costs on a solicitor/client basis, which we may suffer or incur as a result of any failure by you to make due and punctual payment.

 

4.    CANCELLATION AND VARIATIONS

4.1    We do not accept cancellation of sale orders except in extraordinary circumstances.  If you do wish to cancel an order please contact us.
4.2    If you need to cancel your parent consultation or Individual art therapy session, you must give us at least 24 hours written notice to receive a full refund. If you cancel within 24 hours of your appointment, the 50% deposit becomes non-refundable, as this time has been set aside specifically for you. 

4.3    We may agree to variations to confirmed bookings, but these will be subject to an additional charge.

 

5. BOOKING, ORDERS & SERVICE DELIVERY

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5.1 We will use reasonable care to provide accurate timeframes for product dispatch and therapy session availability. Any dates or times provided are indicative only. If we experience a delay or are unable to fulfil part of your order or booking, and the issue is within our control, our liability is limited to either replacing the affected item or refunding the relevant portion of your payment (as determined at our discretion).

5.2 When you book a parent consultation or individual session, you agree to ensure you are available at the scheduled time. If the session is held in person, you agree to arrive on time. If the session is online, you agree to ensure you have a stable internet connection and a quiet, private space where the session can take place without interruption. If we are unable to begin the session due to access issues, late arrival, or unsuitable condition, we may shorten the session or consider it a missed appointment.

5.3 If you are not available at the scheduled start time, we will wait up to 15 minutes. After this time, the session may be considered missed, and no refund will be provided. If you arrive late, the session will still finish at the originally scheduled end time, so that other clients' appointments are not affected. If we are running late due to unforeseen circumstances, we will extend your session time where possible or reschedule at no additional cost.

5.4 We will package and dispatch your order with care. Once your parcel has been handed to the courier, all delivery services apply within New Zealand only. Delivery timeframes are outside our control. If your order arrives damaged or incorrect, please notify us immediately so we can arrange a remedy in line with the Consumer Guarantees Act.

5.5 If you return a product to us, it must be unused and in its original condition and packaging. If an item is returned damaged, used, or not in its original packaging, we may decline the return or charge for repair or replacement.

5.6 If a returned item is damaged beyond repair, lost, or not returned, you may be required to pay the full replacement cost. Replacement costs must be paid within 7 working days.

 

6.    OWNERSHIP AND RISK

6.1    Sale: Goods ordered through us are at our risk until delivered to you. Once delivered, ownership and risk in the Goods passes to you.
6.2    Hire: Hired Goods are at your risk while in your possession, and you must ensure that they are insured during that time.

 

7.    GUARANTEES AND LIABILITY

7.1    Consumer Guarantees Act: If you are not buying Goods for business purposes the following applies:
(a)    If you are a consumer, you have certain rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.  Those rights apply alongside these Terms and Conditions and are not affected by anything in this Agreement.
(b)    If items you have purchased are damaged, faulty or spoiled at the time of delivery, we will comply with our obligations under the Consumer Guarantees Act 1993.   Otherwise, we only accept change of mind returns within 7 days of delivery.  Goods must be returned at your cost and in “as new” condition.  We will refund the price excluding freight costs associated with your order.

 

8. GENERAL TERMS

 

8.1 If any situation outside the reasonable control of The Art Therapist affects our ability to provide products or services - including but not limited to government restrictions, strikes, courier delays, emergencies, severe weather, or other unforeseen events - we may suspend or cancel our obligations under this Agreement. In these circumstances, we are not liable for any loss or delay caused.

8.2 If any part of this Agreement is found to be illegal or unenforceable by a court or tribunal, the remaining provisions will continue in full force as though the affected clause had not been included.

8.3 We may update or replace these Terms from time to time. Any changes will be published on our website and will apply from the date of publication.

8.4 This Agreement remains in effect even if we delay or choose not to enforce any part of it. Any waiver must be provided in writing and applies only to the specific situation it refers to.

8.5 Any personal information collected by The Art Therapist will be used only for the purposes of providing our products, therapy services, or managing future bookings or orders. This may include sharing information within our organisation or with third‑party service providers involved in delivering your order or processing your payment. We comply with New Zealand privacy laws. Because we use payment processors such as Stripe or Lay buy, you understand and consent that your personal information may be transferred, processed, or stored outside of New Zealand.

8.6 By interacting with our website or services, you consent to receiving electronic communications from us. You may unsubscribe at any time using the link provided in our emails.

8.7 This Agreement is governed by the laws of New Zealand. Both parties submit to the non‑exclusive jurisdiction of New Zealand courts.