Terms of Service

Overview

Kia ora and welcome to Toi Rarau.

These Terms of Service (“Terms”) apply when you visit, browse or purchase through the Toi Rarau website or otherwise use the online services we provide through this store (“Services”).

In these Terms, “Toi Rarau”, “we”, “us” and “our” refer to the business operating this store. Our online store is hosted by Shopify, which provides the ecommerce platform that enables us to offer products and services online.

By using our Services, you agree to these Terms and the policies referred to in them, including our Privacy Policy and Returns & Refunds Policy. If you do not agree to these Terms, please do not use the Services.

Nothing in these Terms is intended to exclude, restrict or modify any rights you may have under the Consumer Guarantees Act 1993, Fair Trading Act 1986, Privacy Act 2020 or any other rights that cannot lawfully be excluded under New Zealand law.

1. Using our website and customer accounts

You must use our website and Services lawfully and must not interfere with their operation or security.

When you provide information to us, including when creating an account or placing an order, you agree that the information you provide is accurate, current and complete.

If you create a customer account, you are responsible for keeping your login details secure and for activity carried out through your account.

2. Artworks, taonga and product information

Toi Rarau offers artworks, taonga and other products created by a range of artists and makers. Many works may be original, handmade, one-off or available only in limited quantities.

We take reasonable care to ensure product descriptions, photographs, dimensions, materials, artist information and other details are accurate. Because of the nature of handmade and original works, variations in colour, texture, finish, form and other characteristics may occur and may form part of the individual character of a work.

Colours and appearance may also vary depending on your screen, device and display settings.

Nothing in this section limits your rights where a product does not match its description, is faulty, is not of acceptable quality or otherwise fails to meet a guarantee applying under New Zealand consumer law.

Product availability may change without notice. A product being displayed on our website does not guarantee that it remains available for purchase.

3. Artists and intellectual property

Unless otherwise stated, copyright and other intellectual property rights in artworks, photographs, designs and other creative works remain with the relevant artist, creator or rights holder.

Purchasing an artwork or taonga does not transfer copyright or other intellectual property rights in that work to the purchaser.

You must not reproduce, copy, commercially exploit or otherwise use an artist’s work or imagery in a manner requiring permission from the rights holder unless that permission has been obtained.

The Toi Rarau name, branding, website content and other material owned by Toi Rarau may not be reproduced or commercially used without permission.

4. Orders

When you submit an order, you are offering to purchase the selected product or products.

An order is subject to acceptance by Toi Rarau. We may contact you if there is an issue with availability, pricing, payment, delivery or information supplied with an order.

Because some artworks and taonga are unique or one-off pieces, there may occasionally be circumstances where an item becomes unavailable before our systems have updated. If we cannot fulfil an order, we will contact you and, where payment has already been received, arrange an appropriate refund.

Please check your order details carefully before submitting your order. If you need to request a change or cancellation, contact us as soon as possible. We cannot guarantee that an order can be changed or cancelled once preparation or dispatch has begun.

Returns and refunds are handled in accordance with our Returns & Refunds Policy and your rights under applicable New Zealand law.

5. Price on enquiry and non-sale works

Some works displayed by Toi Rarau may be marked “Price on enquiry”, “Not for sale”, or otherwise unavailable for immediate online purchase.

Submitting an enquiry about a work does not create a contract of sale or reserve that work unless Toi Rarau expressly confirms this with you.

Where a price, payment arrangement, collection, delivery or other condition is agreed separately, those agreed terms may form part of the transaction in addition to these Terms.

6. Prices and payment

Prices are shown in New Zealand dollars unless stated otherwise.

Any applicable GST, delivery charges or other costs will be displayed or communicated as appropriate before the transaction is completed. Where international delivery is offered, the customer may also be responsible for customs duties, taxes or import charges imposed by the destination country.

Available payment methods may change from time to time and will be shown at checkout or agreed with you directly. Where payment is made by bank transfer or invoice, your order may not be confirmed or released until cleared payment has been received unless we agree otherwise.

We may correct genuine pricing or listing errors. If an error affects an order you have already submitted, we will contact you before proceeding where required.

7. Shipping and delivery

Delivery timeframes provided by Toi Rarau are estimates unless we expressly agree to a specific delivery timeframe.

We take reasonable care when preparing and packaging artworks and taonga for delivery and may photograph or otherwise document their condition before dispatch.

Where Toi Rarau arranges delivery to a consumer, we remain responsible for meeting our obligations under applicable New Zealand consumer law, including ensuring goods are delivered within the agreed or a reasonable timeframe and in acceptable condition.

If an order arrives damaged, is lost in transit or does not arrive as expected, please contact us as soon as possible. We may ask you to retain the packaging and provide photographs or other information so we can assess the issue and, where appropriate, pursue the matter with the carrier.

We are not responsible for delays or failures caused by events genuinely outside our reasonable control, but this does not exclude any rights or remedies that cannot lawfully be excluded.

8. Collection and local delivery

Where collection or local delivery is offered, the available options and relevant instructions will be provided during checkout or communicated directly to you.

Please follow any collection or delivery instructions provided with your order. If you need to change an arrangement, contact us as soon as possible.

9. Returns and refunds

Our voluntary change-of-mind return period and the process for requesting a return are set out in our Returns & Refunds Policy.

Our store return policy is additional to your rights under New Zealand law. Time limits or exclusions applying to change-of-mind returns do not restrict any remedy you may be entitled to for faulty, damaged, incorrectly supplied or otherwise non-compliant goods.

10. Gift cards

Gift cards may be subject to additional conditions displayed when they are purchased or issued.

Gift cards are not redeemable for cash except where required by law. Please take reasonable care of gift card codes, as anyone with access to a valid code may be able to use its remaining balance.

11. Third-party services and links

Our website may use or link to services provided by third parties, including payment, delivery, mapping, social media or other service providers.

Third-party websites and services may have their own terms and privacy practices. Toi Rarau is not responsible for the content or operation of independent third-party websites merely because we provide a link to them.

Nothing in this section limits any responsibility Toi Rarau has for third parties we use to perform our obligations to you where that responsibility cannot lawfully be excluded.

12. Shopify

Our online store is hosted by Shopify.

Purchases made through the Toi Rarau store are transactions between you and Toi Rarau, not Shopify. Shopify provides the ecommerce technology used to operate the online store and may process information as described in the applicable privacy policies.

13. Privacy

We collect, use and disclose personal information in accordance with our Privacy Policy and applicable New Zealand privacy law.

Because our online store is hosted by Shopify, information necessary to provide the Services may also be processed by Shopify and other service providers involved in operating the store, processing transactions and fulfilling orders.

Please refer to our Privacy Policy for further information.

14. Reviews, feedback and submitted content

If you provide a review, photograph, comment or other content for publication through Toi Rarau, you confirm that you have the right to provide that material and that its use will not infringe another person’s rights.

Where you submit content specifically for publication or promotional use, you give Toi Rarau permission to use that content for the purpose for which it was supplied. We will not claim ownership of an artist’s underlying artwork merely because an image or review relating to it is submitted to us.

You must not submit unlawful, misleading, abusive, defamatory or infringing material.

15. Errors and availability

We may correct typographical errors, inaccurate information or omissions on the website and update product information, availability or other content when reasonably necessary.

If an error materially affects an order you have already placed, we will deal with the situation fairly and in accordance with applicable law.

16. Prohibited use

You must not use our Services to:

• break the law or infringe another person’s rights;

• interfere with the security or operation of the website;

• introduce malicious software or harmful code;

• collect personal information about others unlawfully;

• impersonate another person;

• send spam or other unauthorised communications; or

• reproduce or commercially exploit protected content without permission.

We may restrict access to the Services where reasonably necessary to protect Toi Rarau, our artists, customers, systems or legal rights.

17. Liability and consumer rights

To the extent permitted by law, Toi Rarau is not responsible for indirect or consequential loss arising from use of the website where that loss was not reasonably foreseeable or was not caused by a breach of our obligations.

However, nothing in these Terms excludes, restricts or modifies liability, guarantees, rights or remedies that cannot legally be excluded, including applicable rights under the Consumer Guarantees Act 1993 and Fair Trading Act 1986.

If you are acquiring goods or services from Toi Rarau for business purposes, different legal rules may apply. We will not contract out of the Consumer Guarantees Act or other consumer legislation for business transactions unless this is expressly agreed in writing and it is lawful, fair and reasonable to do so.

18. Suspension and termination

We may suspend or restrict access to our Services where reasonably necessary, including where there has been unlawful activity, misuse of the website, fraud, a security risk or a material breach of these Terms.

Termination or suspension does not affect rights and obligations that arose before termination or provisions that are intended to continue afterwards.

19. Changes to these Terms

We may update these Terms from time to time to reflect changes to our Services, business practices or legal obligations.

The current version will be published on this website. Changes will apply from the date the updated Terms are published unless another effective date is stated.

Changes will not retrospectively remove rights you have in relation to an order already accepted where doing so would be unlawful.

20. Governing law

These Terms are governed by the laws of New Zealand.

Any dispute relating to these Terms or the Services will be subject to the courts and tribunals of New Zealand, subject to any rights you may have under applicable consumer law.

21. Contact

If you have questions about these Terms, an order or the Services, please contact:

Toi Rarau
Email: kiaora@toirarau.co.nz

Last updated: September 2026