Terms and Conditions

Online Terms of Use

  1. Lumenart Limited (“Lumenart”, “we", "us" and "our”) is the owner and operator of www.trishcampbell.co.nz and www.trishcampbell.nz the “websites”). By accessing or using the websites you agree that you have read, understood and accepted these Terms of Use.

  2. We may amend our Terms of Use from time to time and will notify you of any changes by posting an updated version on our websites. By continuing to use the websites after any changes to our Terms of Use, you are deemed to have accepted and shall be bound by those changes.

  3. If at any time you do not agree to our Terms of Use, you must immediately discontinue using the websites and tell us. 

  4. While we endeavour to supply accurate information on our websites, errors and omissions may occur. Lumenart provides information on the websites "as is", and to the fullest extent permitted by law, makes no representation as to the accuracy, completeness, or reliability of the information on its websites. We reserve the right to make changes to the content on our websites at any time and without notice.

  5. Purchases by you through our websites are subject to our [insert URL link to Purchase Terms and Conditions] and all commissions are subject to our [insert URL link to Commission Terms and Conditions].

  6. To the fullest extent permitted by law, Lumenart will not be liable in contract, tort (including negligence) or otherwise to you for any direct, indirect or consequential loss or damage arising out of or in connection with the websites, including (without limitation) loss or damage you might suffer.

  7. The websites and their contents are protected by copyright, trademark and other intellectual property rights owned by us and our licensors. All rights are reserved to us. You may not extract, copy or otherwise reproduce any of our content (in any form) without our prior written consent. You must not:
    assert ownership or rights in, or exploit, sell or seek to generate profit from any of our intellectual property rights in the websites.
    copy, reproduce, republish, or distribute any content from us, for any reason whether in public, for commercial purposes or otherwise.

  8. By subscribing to emails and/or text communications, or otherwise providing your email address and/or mobile number, you consent to receiving marketing or promotional emails and/or texts (as the case may be) from time to time. You can unsubscribe from our email communications and/or text communications at any time by clicking the unsubscribe link in any promotional or marketing email or text received or by emailing hello@trishcampbell.nz.

  9. We may use cookies on our websites to help us identify you when you use the websites or to help us improve your experience when using the websites. If you do not accept our cookies, some pages may not operate as intended and you may not be able to access certain information on the websites.

  10. If any part of these Terms of Use are held to be invalid, illegal or unenforceable (in whole or in part) it will be severed and the remainder of these Terms of Use will, to the extent possible, remain in full force and effect.

  11. Any delay or failure to enforce our rights under these Terms of Use shall not relieve you from compliance with such obligations and does not mean we have waived those rights.

  12. These Terms of Use constitute the entire understanding between the parties with respect to its subject matter.

  13. These Terms are governed by, and are to be interpreted in accordance with, the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.

  14. If you have any questions relating to these Terms or ordering the Products generally you may contact us at hello@trishcampbell.nz.

Lumenart Purchase Terms and Conditions

1           Purchase Terms

1.1       These Purchase Terms and Conditions (“Terms”) apply to all purchases by you of Products from Lumenart Limited trading as Trish Campbell (“Lumenart”, “us”, “we” “our”).  These Terms supersede and exclude all prior or subsequent discussions, representations, terms and/or conditions, all written or oral agreements. Your placement of an order with us for any Products constitutes acceptance of these Terms. If you do not agree to these Terms, you must not place an order with us.

1.2       We reserve the right to change these Terms at any time and will notify you of any changes by posting an updated version on our website www.trishcampbell.nz. The amended Terms shall apply to all orders for Products placed with us after such notice.

2           Orders

2.1       To make a purchase on this website, you must be 18 years of age, provide us with your Personal Information as indicated and agree to comply with these Terms.

2.2       When you place an order with us, you are making an offer to buy goods or services. We will collect your delivery address and other relevant details for your order at checkout.

2.3       We reserve the right to limit the number of items that our customers may purchase in a single transaction.

2.4       When we send you an e-mail to confirm that we have received and accepted your order for the specified Products, your order has been accepted and you may not cancel it.

3           Price and Payment

3.1       We will take payment from you when we accept your order.

3.2       Unless otherwise stated, our online prices stated are:

(a)      in New Zealand currency;

(b)        inclusive of GST in New Zealand, but exclusive of all other duties, taxes or charges; and

(c)        exclusive of freight and insurance. You are responsible for all freight and insurance charges. Delivery costs to Australia may be specified in the corresponding Product description and are calculated and added to your order at checkout.

3.3       International customers may incur taxes and duties in addition to our prices and delivery fees. You are solely responsible for all such taxes and duties.

3.4       All sales are final. We do not provide exchanges or refunds on Products if you change your mind.

4           Delivery

4.1       We will arrange for delivery after we have received payment in full.

4.2       All orders require signature on delivery.

4.3       Delivery within New Zealand and in Australia is available where stated and at the rates specified at checkout.

4.4       Delivery costs do not include installation.

5           Title and Risk

5.1       Risk in a Product passes to you on on the earlier of delivery or payment of the full purchase price for the corresponding Product. 

5.2       Title in a Product passes to you on the later of delivery or payment of the full purchase price for that Product. 

6           Description and Availability

6.1       We take reasonable measures to ensure that details, measurements and descriptions of Products given on our website are accurate and complete but there may be variations between these and the Products themselves.

6.2       All Products are subject to availability. In the event Products are unavailable they will be cancelled from your order and you will receive a refund.

7           Your Data

7.1       In providing your Personal Information to us, you consent to our use of that information in connection with providing you with the Products, our related services and to communicate with you in relation to our Products and services. We may also use your Personal Information where we are authorised to do so under the Privacy Act 2020.

8           Intellectual Property

8.1       All Intellectual Property in, and relating to, the Products shall from creation vest exclusively to us, including where we design and create Products at your request. By this clause you irrevocably assign to us all present and future right, title and interest in all Intellectual Property in, and relating to, the Products.    

8.2       Lumenart’s products and services contain our proprietary Intellectual Property. You must not:

(a)        distribute, reproduce, or otherwise profit from the Products, beyond the resale of the original;

(b)        incorporate the Products in another work of art without our prior written permission;

(c)        permit any intentional alteration, modification, destruction or damage to the Products without our prior written permission (which we may withhold in our absolute discretion); or

(d)        permit any use of Lumenart or our artists’ names or any misuse of the Products that could in our opinion discredit our or our artists’ names or reputation.

8.3       You will (at the request and expense of us) do all acts and execute all documents required to give effect to the true intent of this clause 8.

9           Confidentiality

9.1       You must treat all Confidential Information strictly confidential, keep it secure at all times and only use it to the extent required for the proper performance of this agreement. You may only disclose Confidential Information with our prior written consent.

9.2       On completion or termination of this agreement or if we ask for it earlier, you must return or (at our option) destroy our Confidential Information, and all copies of it.

9.3       Without limiting this clause 9, you will not make any public statement about the subject matter of this agreement or about us without obtaining our prior written consent.

10        Termination

10.1    We may terminate any order for Products by you if your payment fails for any reason and you have not paid unpaid amounts within 30 days of us notifying you of that.

10.2    You must return any Products provided to you which you have not paid in full as at the date of termination.

10.3    Clauses 1, 5, 7 to 15 (inclusive) survive termination of this agreement.

11        General Indemnity

11.1    You agree to indemnify us fully from and against all claims, liability, damages, losses, costs and expenses (including legal fees) arising out of any breach of these Terms by you or any other liability arising out of your use of our Products of related services.

12        Our Liability

12.1    Consumers may have additional rights under the Consumer Guarantees Act 1993 and Fair Trading Act 1986 (“Consumer Laws”) in relation to any Products purchased from this website. Your consumer rights are in addition to these Terms and nothing in these Terms is intended to have the effect of limiting or reducing your consumer rights.

12.2    Other than under applicable Consumer Laws, your sole remedy for any loss or damage arising in connection with the Products or a breach by us of these Terms is as expressly set out in these Terms.

12.3    We will not be liable for any failure or delay in complying with any of our obligations to you if such failure or delay results from a cause beyond our control.

12.4    Our total liability to you shall be limited to amounts paid by you for Products in the preceding 12-month period.

12.5    In no circumstances will we be liable to you or any other person for any loss or damage to persons or property, or for consequential, special, punitive, incidental, indirect or economic loss or damage or loss of profits or opportunity arising out of your purchase of the Products or otherwise in connection with these Terms, and whether by way of damages or indemnity or in respect of breach of contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such losses or damages.

13        Electronic Communications

13.1    You consent to us using the contact details provided by you to receive marketing or promotional emails and/or texts (as the case may be) from time to time.

13.2    You can unsubscribe from our email communications and/or text communications at any time by clicking the unsubscribe link in any promotional or marketing email or text received or by emailing hello@trishcampbell.nz.

14        Interpretation

14.1    Definitions: In these Terms:

“Confidential Information” means any information, in whatever form, about our business, processes or suppliers that is disclosed to you or learnt by you in the course of us providing you with the Products or related services.  It includes any information or data we may develop in the course of providing the Products or performing the related services.  It does not include information which:

(i)       is in the public domain (without a breach of any obligation of confidence); or

 (ii)       you can evidence was either already known to you at the time of disclosure, or was independently acquired by you from another party (provided that the source was in possession of the information lawfully and is entitled to disclose it to you on a non-confidential basis).

“Intellectual Property” means all intellectual property rights and interests (including common law rights and interests) in any jurisdiction including (without limitation) copyright, moral rights, patents, registered designs, registered and unregistered trademarks, trade secrets, know-how and confidential information and all other intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation.

“Personal Information” means all and any information provided by you when purchasing our Products to include without limit your name, address and card details.

“Products” means our products advertised for sale online and purchased by you pursuant to these Terms.

“Terms” means these Terms of Purchase.

14.2    Construction: In the construction of these Terms, unless the context requires otherwise:

(a)        the headings are for convenience only and have no legal effect;

(b)        the singular includes the plural and vice versa;

(c)        “including” and similar words do not imply any limit; and

(d)        words denoting any gender include all genders.

15        General

15.1    These Terms constitutes the entire understanding between the parties with respect to its subject matter. Its terms can be modified only by an instrument in writing signed by both parties.

15.2    These Terms are governed by, and are to be interpreted in accordance with, the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.

15.3    Nothing in these Terms shall create or be deemed to create any rights in any person or entity not a party to these Terms.

15.4    If any part of these Terms is held to be invalid, illegal or unenforceable (in whole or in part) it will be severed and the remainder of these Terms will, to the extent possible, remain in full force and effect.

15.5    Any delay or failure to enforce our rights under these Terms shall not relieve you from compliance with such obligations and does not mean we have waived those rights.

15.6    If you have any questions relating to these Terms or ordering the Products generally you may contact us at hello@trishcampbell.nz.