Terms

Last updated [FILL: date]

This page contains two sets of terms. Part A governs your use of this website. Part B governs any order you place with us. Both apply when you buy a print.

Part A — Website Terms of Service

1. About these terms

This website, daysrun.co.nz (the Site), is operated by DaysRun Limited, NZBN 9429045884566, of Auckland, New Zealand (DaysRun, we, us, our).

Part A governs your access to and use of the Site. By browsing or using the Site, you agree to it. If you do not agree, please do not use the Site.

If you place an order, Part B also applies, together with our Shipping Policy, Returns & Refunds Policy and Privacy Policy. Together these documents form the agreement between you and us.

2. Changes to these terms

We may update these terms from time to time. The updated version takes effect when posted, and the “last updated” date will change. Your continued use of the Site after that point means you accept the revised terms.

The version in force at the time you place an order is the version that applies to that order.

3. Eligibility and accounts

You must be at least 18 years old, or have the consent of a parent or guardian, to place an order.

If you create an account, you agree to provide accurate and current information, keep your password confidential, and accept responsibility for all activity that occurs under your account. Tell us promptly at prints@daysrun.co.nz if you believe your account has been used without your authorisation.

We may suspend or close an account where we reasonably believe these terms have been breached.

4. Intellectual property

All photographs, images, text, layout, graphics and other material on the Site are owned by DaysRun Limited or used under licence, and are protected by the Copyright Act 1994 and related laws. All rights reserved.

Purchasing a print gives you ownership of that physical print. It does not transfer copyright or any reproduction rights. You may not, without our prior written consent:

• reproduce, copy, scan, photograph for reproduction, or digitise any artwork;
• create derivative works from any artwork or image;
• use any artwork or image for commercial purposes, including in advertising, packaging, resale, or on merchandise; or
• sub-license, rent or lend any image file.

You may photograph your print in your own home and share it on personal social media, provided you credit [FILL: @yourhandle] or daysrun.co.nz, and do not crop out, alter or remove any signature, edition marking or watermark.

Commercial licensing enquiries are welcome — email prints@daysrun.co.nz.

5. Acceptable use

You agree not to:

• use the Site for any unlawful purpose or in breach of any applicable law;
• use automated systems (bots, scrapers, crawlers, data-mining tools) to access, copy or monitor the Site or its content;
• interfere with the security or proper functioning of the Site, or introduce malicious code;
• attempt to gain unauthorised access to any part of the Site, its servers, or any connected system;
• impersonate any person, or misrepresent your affiliation with any person or organisation;
• place fraudulent or speculative orders; or
• resell or commercially exploit the Site or its content.

6. Material you submit

If you submit reviews, comments, photographs or other content to the Site or tag us on social media, you keep ownership of that content. You grant us a non-exclusive, royalty-free, worldwide, transferable licence to use, reproduce, adapt and display that content for the purposes of operating and promoting DaysRun, including on the Site, in email and on social media.

You confirm that you own or have permission to share the content you submit, and that it does not infringe anyone else’s rights. We may remove any submitted content at our discretion.

7. Third-party services and links

The Site is hosted on Squarespace and relies on third-party providers for payment processing, printing, framing and delivery. The Site may also link to third-party websites. We are not responsible for the content, products, policies or practices of third-party sites, and a link does not imply endorsement.

8. Availability of the Site

We aim to keep the Site available and accurate, but we provide it on an “as is” and “as available” basis. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses. We may modify, suspend or discontinue any part of the Site at any time without notice.

9. Your rights as a consumer

Nothing in these terms limits or excludes your rights under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other law that cannot be excluded by agreement.

10. Limitation of liability

To the maximum extent permitted by law, and subject to clause 9:

• we are not liable for any indirect, consequential, special or incidental loss, or for any loss of profit, revenue, data, goodwill or anticipated savings, however caused; and
• our total aggregate liability in connection with the Site or any order is limited to the amount you paid for the order giving rise to the claim.

We are not liable for loss caused by circumstances outside our reasonable control, including courier delays, natural events, supplier failures, strikes, or disruption to internet or payment services.

11. Indemnity

You indemnify us against any claim, loss, cost or expense we suffer arising from your breach of these terms, your misuse of the Site, or your infringement of any third party’s rights.

12. Privacy

We handle personal information in accordance with the Privacy Act 2020 and our Privacy Policy.

13. Governing law

These terms are governed by the laws of New Zealand. You and we submit to the non-exclusive jurisdiction of the New Zealand courts.

14. General

Severability — If any provision is found to be unenforceable, it is severed and the rest of the terms continue to apply.

Waiver — A failure or delay by us in enforcing any provision is not a waiver of our right to enforce it later.

Assignment — You may not assign your rights under these terms without our written consent. We may assign or transfer our rights, for example if the business is sold.

Entire agreement — These terms, together with the Shipping Policy, Returns & Refunds Policy and Privacy Policy, form the entire agreement between you and us in relation to the Site and any order.

Notices — We may give you notice by email to the address on your order or account. You may give us notice at prints@daysrun.co.nz.

Part B — Purchase Terms & Conditions

15. Every print is made to order

DaysRun does not hold print stock. When you place an order, your print is produced specifically for you — printed at Skar Image Lab in Auckland and, where you have selected a frame, finished by our framing partner.

This is why our cancellation window is short and why we do not accept change-of-mind returns. Please choose your image, size and frame carefully before ordering.

16. Placing an order

Listings on the Site are an invitation to treat, not an offer to sell. Your order is an offer to buy.

When you place an order you will receive an automated confirmation email. That email confirms we have received your order — it does not mean we have accepted it. A contract is formed only when we send you a dispatch notification, or otherwise confirm acceptance in writing.

We may decline or limit any order, including where:

• the item, size or frame is unavailable;
• there has been a pricing, description or stock error;
• we are unable to verify payment or delivery details;
• the order appears fraudulent or is for unauthorised resale; or
• we cannot deliver to your address.

If we decline an order after payment has been taken, we will refund you in full.

17. Prices, GST and currency

All prices are shown in New Zealand Dollars (NZD).

DaysRun Limited is registered for GST. Prices shown for delivery within New Zealand include GST at 15%. A GST receipt is available on request at prints@daysrun.co.nz.

Orders shipped outside New Zealand are treated as exported goods and are zero-rated for New Zealand GST. Prices for international orders therefore exclude NZ GST. You may be liable for import duties, taxes and customs charges in the destination country — see our Shipping Policy.

Prices may change at any time without notice. The price that applies to your order is the price displayed at the time you place it.

If a price or product description is listed incorrectly due to an error, we will contact you before proceeding. You may confirm the order at the corrected price or cancel it for a full refund.

18. Payment

Full payment is required at the time of order. We accept the payment methods shown at checkout, processed through Squarespace’s payment providers [FILL: name them].

We do not store your full card details. Payment is handled by the payment provider under its own terms and privacy policy.

If a payment is declined, reversed or charged back, we may cancel the order and withhold dispatch until payment clears.

19. Products, colour and materials

All prints are produced on Ilford Smooth Cotton Rag 310gsm — a 100% cotton, acid-free archival fine art paper — using pigment inks.

We photograph and describe our products as accurately as we can. However:

• Screen colour varies. Monitors, phones and tablets display colour differently, and no screen reproduces a pigment print on cotton rag paper exactly. Minor variation between what you see on screen and the print you receive is normal and is not a fault.
• Cotton rag is a natural material. Slight variation in surface texture, tone and deckle is inherent to the paper and is part of its character.
• Sizes are approximate. Finished dimensions may vary by a few millimetres. Where a print includes a white border, the border is part of the stated size unless we say otherwise.

Where framing is supplied, frames are made by a third-party framing partner. Frame timber is a natural material and may vary slightly in grain and tone between pieces.

20. Cancellations and changes

You may cancel or change your order within 24 hours of placing it, by emailing prints@daysrun.co.nz with your order number.

After 24 hours, production has begun and the order cannot be cancelled or changed. If we have not yet started production, we will do our best to accommodate a late request, but we are not obliged to.

21. Delivery

Production takes:

• Unframed prints: 3–5 business days before dispatch
• Framed prints: 7–12 business days before dispatch

Transit time is additional and depends on destination. Shipping is free within New Zealand. International orders are charged a flat rate of [FILL: $XX NZD].

Delivery timeframes are estimates, not guarantees. Full detail is in our Shipping Policy.

22. Risk and title

Risk in the goods passes to you on delivery to the address you provided. Title passes once we have received payment in full.

If you provide an incorrect or incomplete delivery address, or the parcel is unclaimed and returned to us, you are responsible for the cost of re-delivery.

23. Returns

Because every print is made to order, we do not accept returns or exchanges for change of mind or incorrect selection.

If your order arrives damaged, faulty, or is not what you ordered, you have rights under the Consumer Guarantees Act 1993 and we will put it right. See our Returns & Refunds Policy for how to make a claim.

24. Commissions and custom work

We accept a limited number of commissions and custom-size requests. Please enquire at prints@daysrun.co.nz.

Commissioned and custom work is quoted individually and confirmed in writing before we begin. Unless we agree otherwise in writing:

• a deposit of [FILL: 50%] is payable before work starts, and is non-refundable once work has commenced;
• the balance is payable before dispatch;
• copyright in all commissioned photographs remains with DaysRun Limited; and
• the cancellation window in clause 20 does not apply to commissioned work.

25. Copyright

Purchasing a print transfers ownership of the physical print only. Copyright in every photograph remains with DaysRun Limited at all times, under the Copyright Act 1994. You may not reproduce, scan, digitise, license or commercially exploit any image. See clause 4.

26. Your rights under New Zealand law

Nothing in these terms limits or excludes your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

Please note that New Zealand law does not provide a general cooling-off period for online purchases. A change-of-mind return is at the retailer’s discretion, and ours is set out in clause 23.

Where you purchase for business purposes, clause 9 applies.

27. Liability

To the maximum extent permitted by law, and subject to clause 26, our total liability in connection with any order is limited to the amount you paid for that order. We are not liable for indirect or consequential loss.

28. Governing law

These terms are governed by New Zealand law. The parties submit to the non-exclusive jurisdiction of the New Zealand courts.