Terms of service

Last updated: October 21, 2026

Overview

Welcome to Hiriwā Digital Art. The terms “we”, “us” and “our” refer to Hiriwā Digital Art, based in New Zealand. Our online store is powered by Shopify.

These Terms of Service apply when you use our website or purchase our products and services. Please read them alongside our Shipping Policy, Refund Policy and Privacy Policy.

Nothing in these terms excludes, restricts or limits rights or remedies that cannot lawfully be excluded, including those available under the New Zealand Consumer Guarantees Act 1993 and Fair Trading Act 1986, or mandatory consumer laws that apply where you live.

1. Using Our Website

You must be legally able to enter into a purchase agreement or have the involvement and authorisation of a parent or guardian. A parent or guardian should arrange purchases and portrait sessions for a child.

Please provide accurate and current contact, payment and delivery information. If you create an account, you are responsible for keeping your login details secure and notifying us of suspected unauthorised use.

You must not use our website for unlawful purposes, submit fraudulent information, infringe another person’s rights, distribute malicious software or interfere with the website’s security or operation.

2. Products and Artwork

We take care to describe and photograph our products accurately. Colours may vary between screens and printed materials. Natural materials, including reclaimed timber, may vary in grain, colour and texture.

Product dimensions, materials, finishes and included items are described on the relevant product page. Please check these details and your selected options before ordering.

Normal variations do not affect your rights where goods are faulty, materially different from their description or otherwise fail to meet applicable consumer guarantees.

We may update our range, descriptions and availability. Changes do not alter an accepted order unless we agree with you or a change is required by law.

3. Orders and Payment

When you place a paid order, you authorise payment of the total shown at checkout using your selected payment method. An automated order acknowledgement confirms receipt of your order; it does not necessarily confirm that we can fulfil it.

A free portrait enquiry does not itself require payment. The process, prices and payment stage for a commission are described on the relevant service page or agreed with you directly.

If we cannot fulfil your order, or identify an availability, pricing or payment issue, we will contact you as soon as reasonably possible. If we cancel an order, we will refund payments received for the cancelled items and any associated delivery charges that are no longer payable.

Please review your order carefully and contact us promptly if anything is incorrect.

4. Prices and Promotions

The applicable currency, product prices, discounts, shipping charges and any taxes collected by us are shown at checkout. Please check the final total before placing your order.

Prices and promotions may differ between our website, markets and other sales channels. Changes to prices do not retrospectively change an accepted order.

Promotions may have additional conditions stated with the offer. Overseas orders may incur import charges that are not collected at checkout, as explained in our Shipping Policy.

5. Shipping and Delivery

Available destinations, shipping methods and charges depend on the products and delivery address in your order. Please refer to our Shipping Policy for production and delivery information.

Production and delivery estimates are separate unless stated otherwise. Delivery estimates may be affected by carrier operations, customs processing, weather and other events.

If we arrange delivery and your order is lost, damaged or significantly delayed, please contact us so we can investigate with the carrier and provide an appropriate resolution. Our responsibilities and your remedies remain subject to applicable consumer law.

Please check your delivery address carefully. If you provide an incorrect address, contact us as soon as possible. Any additional delivery costs will depend on the circumstances and applicable law.

Products in one order may be dispatched separately. Any combined shipping charges will be shown at checkout.

6. Custom Artwork and Portraits

The relevant product page or written agreement describes what is included in your commission, including the format, size, number of subjects and any included editing or revisions.

You are responsible for providing the photographs, instructions and approvals reasonably needed to complete your order. Delays in receiving these may affect completion times.

When supplying a photograph, you confirm that you have permission from its copyright owner and any necessary permission from the people shown for us to use it to fulfil your commission. Owning a copy of a photograph does not necessarily mean you own its copyright.

Portraits involve artistic interpretation. The quality and detail achievable may depend on the source photographs or images captured during a session. We will discuss material limitations with you where relevant.

For a child’s portrait, the booking or commission must be arranged by a parent or guardian with authority to do so.

7. Digital Files

Where a product includes digital files, the listing or written agreement will describe what you receive. Physical prints, framing and other products are included only where expressly stated.

You may download and keep your delivered files, share them for personal, non-commercial purposes and arrange personal prints. Please keep a backup of your files after delivery.

Commercial reproduction, licensing or resale of commissioned artwork requires a separate written agreement. This does not prevent you from giving your purchased physical print as a gift or exercising rights that cannot lawfully be restricted.

8. Gift Vouchers

The value or service covered by a gift voucher, how it can be redeemed and any applicable conditions will be stated on the voucher or its product listing.

Please check these details before purchasing. Gift vouchers remain subject to applicable consumer law, including any mandatory expiry requirements.

Purchasing a portrait gift voucher does not give permission to publish the recipient’s portrait. Any promotional permission must be obtained from the relevant person or an authorised parent or guardian when the service is arranged.

9. Changes, Cancellations and Returns

Please contact us as soon as possible if you need to change or cancel an order. Our ability to accommodate a voluntary change or cancellation depends on whether work, production or dispatch has begun.

We do not accept change-of-mind returns or exchanges except where required by applicable law. Please see our Refund Policy for details, including any cancellation rights that apply to international customers.

These conditions do not affect your rights where goods or services are faulty, not as described or otherwise fail to meet applicable consumer guarantees.

10. Copyright and Intellectual Property

Copyright and other intellectual property rights in our existing artwork, website content, branding and product designs belong to Hiriwā Digital Art or the relevant rights holder.

Buying a print or another physical product featuring our existing artwork does not transfer copyright or grant permission to reproduce that artwork for sale or commercial use.

By booking or commissioning our portrait service and accepting these terms before work begins, you agree that Hiriwā Digital Art retains copyright in the original artwork and photographs it creates for your commission, unless we agree otherwise in writing.

This copyright agreement does not transfer ownership of photographs or other materials you supply to us. Those materials remain subject to their existing ownership rights. You authorise us and the providers fulfilling your order to use them as reasonably necessary to create, produce and deliver your commission.

You may display your purchased portrait and use any included digital files as described in Section 7. Our copyright ownership does not, by itself, authorise promotional use of your portrait; that is addressed separately in Section 11.

These terms do not retrospectively change copyright ownership in earlier commissions or limit rights that cannot lawfully be excluded.

You must not copy or commercially exploit website content or artwork without permission from the relevant rights holder, except where permitted by law.

11. Permission to Share Your Portrait

Promotional use is optional and is separate from accepting these terms.

If you tick “You may share my finished portrait” on the portrait order form, you give Hiriwā Digital Art permission to display your finished portrait in its website gallery, social media, market displays and promotional materials. This may include printed displays and online posts available to the public.

If you leave the sharing checkbox unticked, we will keep your portrait private. Accepting these terms, submitting an enquiry or purchasing a portrait does not, by itself, give promotional permission.

This permission does not authorise selling your portrait as a product, publishing your contact details or original reference photographs, or identifying you by name without separate permission.

You may give promotional permission only for yourself or where you have authority to act for the person concerned. Where a portrait includes more than one person, permission must cover everyone whose portrait will be shared. For a child’s portrait, permission must come from an authorised parent or guardian, taking the child’s views into account where appropriate.

Permission continues until you withdraw it. You can use our Contact page to withdraw permission for future promotional use and request removal from channels we control. We will stop new promotional use and take reasonable steps to remove existing material from those channels. Printed material already distributed, or content copied or shared by others, may not be retrievable.

We may also record promotional permission through a separate written agreement. A new version of these terms does not retrospectively provide permission for earlier portraits.

12. Reviews and Feedback

If you submit a review for publication, you give us permission to display it with the name or display name you provide and to make minor formatting changes without changing its meaning.

Reviews must reflect your experience and must not contain unlawful material, misleading claims or another person’s private information without permission.

Submitting a photograph for a commission or sending us a private message does not, by itself, give permission to publish it as a review or promotional material.

13. Third-Party Websites and Services

Our website may link to third-party websites or offer services provided by other businesses. Please review their terms and privacy policies when using those services.

Where a listing expressly directs you to purchase from another business, that purchase is made with that business and is subject to its terms. This does not limit our responsibilities for products or services you purchase directly from us.

14. Relationship with Shopify

Shopify provides the platform that enables us to operate this store. Purchases from this store are made directly with Hiriwā Digital Art, not Shopify.

Shopify is not the seller of our products or services and is not responsible for fulfilling our orders. Nothing in these terms excludes any responsibility or liability that cannot lawfully be excluded.

15. Privacy

Our Privacy Policy explains how we handle personal information, including customer details, portrait photographs and promotional permissions.

Shopify also processes information to operate its platform. You can read the Shopify Consumer Privacy Policy for more information.

16. Website Availability and Errors

We take reasonable care to keep website information accurate and the store functioning properly, but occasional errors or interruptions may occur.

We may correct errors in descriptions, availability or pricing. If an error affects an order you have placed, we will contact you and explain the available options rather than make a material substitution or increase an agreed price without your consent.

17. Consumer Rights and Liability

We remain responsible for meeting obligations imposed by applicable consumer law. Nothing in these terms removes your right to an available repair, replacement, refund or other remedy.

Any limitation or exclusion of liability in these terms applies only to the extent permitted by law. We do not exclude liability that cannot lawfully be excluded.

If an event outside our reasonable control affects an order, we will communicate with you and take reasonable steps to address the situation. Such an event does not automatically remove your statutory rights.

18. Governing Law and Disputes

These terms are governed by New Zealand law, subject to any mandatory consumer protections that apply where you live.

Please contact us first if there is a problem so we have an opportunity to resolve it. Nothing in these terms prevents you from using an available tribunal, court, regulator or other dispute-resolution process.

19. Changes to These Terms

We may update these terms by publishing a revised version and updating the date above. Changes apply to future use and purchases and do not retrospectively alter an existing order unless agreed with you or required by law.

If any provision is found unenforceable, the remaining provisions continue to apply to the extent permitted by law.

20. Contact

If you have questions about these terms or an order, please use our Contact page.