Terms & Conditions
My Smart Artbook Limited
Acceptance of terms
These terms and conditions govern all supply of goods and services ("products") by My Smart Artbook Limited (“My Smart Artbook”, "we, "us") to you, the purchaser of goods and services from us, including your use of the website at www.mysmartartbook.co.nz ("the website"). They are effective from 10 August 2024 and will replace all earlier My Smart Artbook Limited terms of trade and any conditions contained in any document used by you and purporting to have a contractual effect.
We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.
To order from our website you must be 18 years of age or over.
Pricing and Payment Terms
All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.
An invoice will be emailed to you at the email address you supply once we receive your artwork submission and completed order form. You are responsible for ensuring that your contact details are correct.
You are charged based on how many pieces of artworks are submitted, the product you have ordered and the final shipping cost.
Payment Options and Terms
Payment only by Direct Credit to My Smart Artbook Limited bank account.
Starter Kit orders will be despatched on receipt of payment of Starter Kit invoice, and design of digital and print products will commence on receipt of payment of final invoice.
If you do not make timely payment within 90 days of receiving your invoice or we will hold onto your Artwork for six months, after which we reserve the right to discard or recycle it.
If you decide not to complete your order after receiving the final invoice, My Smart Artbook Limited reserves the right to return all artwork to sender without digitalising at the cost of the customer.
Shipping and Delivery
Prices for goods and services stated on our website are exclusive of any applicable delivery charges.
We only deliver to New Zealand street addresses. An estimated cost of delivery will be stated on our website and a total delivery cost will be provided in the invoice emailed to you.
Customers are responsible for Shipping costs unless they qualify for free or discounted shipping rates. Shipping costs are calculated once we have received your shipping details and completed the Order Form. Shipping estimates are provided on our website on the Pricing page.
Shipped goods should take 2-5 business days to reach the customer, with longer for rural addresses.
Once customer products have been dispatched, an email notification will be sent containing the carrier's name and a tracking number for delivery tracking. If the customer is unable to receive the parcel at the specified delivery address, it is their responsibility to contact the carrier to arrange for re-delivery or collection.
Returns and Refunds
Our products are made to order. We do not have to provide a refund if you have changed your mind about a particular purchase, so please ensure you are confident in your choice before completing your transaction.
By placing an order, you allow our Design Team to use their best judgement to make decisions on layout and design elements. An electronic proof is emailed to you prior to printing. For Artbooks, 5 minor adjustments with regards to single page layouts, backgrounds, colour choices, fonts, image sizes and formatting, can be made free of charge, while 2 minor changes can be made to Prints. Extra editing will be charged at $40 per hour. We are unable to completely redesign the layout of a book after the proof is sent. If you would like a more extensive redesign, please email us directly. If you do not communicate final approval within 7 days of receiving the proof, production will continue without your consent, meaning the book will be printed as is.
My Smart Artbook Limited is committed to delivering high-quality goods and conducts thorough quality assurance checks. If you encounter a manufacturing error, you must contact us via the email provided on our website as soon as possible but within 7 days of delivery. Your report should include a description and photographic evidence of the issue, along with images of the packaging to assess potential delivery damage. We will review your submission and notify you of our decision—whether to replace, repair, or explain the denial of your request—within 7 days, in compliance with New Zealand Consumer Protection laws.
My Smart Artbook Limited
If you order printed or digital products from My Smart Artbook, your use of the services is also subject to all of the terms and conditions set forth below.
Submitted Artwork
To enable us to effectively photograph and scan the artwork it may be necessary to remove tape, stickers, clips, staples or glue, or disassemble artwork from backing paper or frames at our discretion.
We will make every attempt to reproduce your artwork, however, in some cases, we may reject a piece of art for scanning or photographing for any reason.
Artwork that has been folded or rolled may still show some creases, folds, or wrinkles, on the final reproduction. The majority of light creases are removed during our editing process, however, additional Photoshop may be required for more damaged pieces which may incur additional costs.
Additional artwork can only be accepted if it is supplied to us within a 7-day period from the date we received the original submission and may incur additional costs.
Work will not begin on a book or print until we receive payment, all artwork, a completed art submission form and a high-res photo of your child (unless you do not wish to include a photo).
The reproductions of your artwork may look slightly different from the original, due to variations in colours. For some pieces we may need to enhance the colours to create a more vibrant image in the final reproduction.
We will provide you with an electronic proof for your book or print within 1-3 weeks of receiving payment for you to sign off. Once you have confirmed that you are happy with the design, you will receive your book in a further 3-4 weeks. Please note that processing times are subject to change, and we will notify you via email if your product will require additional time beyond the expected timeframe.
Once an order for a Starter Kit has been placed, you have a period of 12 months to return your artwork to Smart Artbook Limited from the order date. It is your responsibility to ensure that your artwork has been sent to My Smart Artbook Limited within this 12-month timeframe.
Intellectual Property. Please ensure that all Artwork is the original work of children. We reserve the right to exclude from reproduction any Artwork that contains, or that in our sole discretion may contain, the intellectual property of any third party (for example, a page from a colouring book).
Return of Artwork. At the point of sale, you have the option to dispose of, or return your artwork; if you choose to not have it returned, you authorise My Smart Artbook Limited to dispose of any received artwork within 7 days following the dispatch of your finalised products, and we cannot be held liable for any change of mind. Additionally, any original artwork returned to you is at your own risk, and in the event of loss or damage during transit, My Smart Artbook Limited will not be responsible and no compensation will be provided for the original artwork.
We will store Digital Files of your artwork for up 3 months, after which time they will be deleted.
Gift Vouchers: You agree to these Terms and Conditions when you purchase, receive, or use a Gift Voucher. Gift Vouchers are issued by My Smart Artbook Limited and can only be redeemed at mysmartartbook.co.nz. They are non-refundable, not redeemable for cash and cannot be used with any other vouchers or promotional codes. Each Gift Voucher is valid for multiple transactions until the full value of your Gift Voucher is redeemed or the Gift Voucher expires, whichever occurs first. The Expiry Date is the date occurring 12 months after the date of issue of the Gift Voucher and cannot be redeemed after that date. The date of expiry is indicated on the card. The value stated on your voucher is in NZD. Emailable Gift Vouchers can only be issued to a valid email address and physical Gift Vouchers can only be sent to a New Zealand address. Estimated delivery for physically shipped vouchers is 3 to 5 days. The voucher can be used to purchase products and pay for the associated shipping fee of the final product but cannot be used to purchase Gift Vouchers. If the Voucher is lost, stolen or damaged, contact us at hello@mysmartartbook.co.nz for a replacement.
Liability Limitation
We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.
To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every employee and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.
Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we and our employees will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.
Applicable law and jurisdiction
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.
Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.
Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).
General Conditions
We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.mysmartartbook.co.nz.
If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.
If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.
We may deliver notices to you by sending them to an email address that you have notified to us.
Privacy Policy and Confidentiality
We prioritise your privacy and our Privacy Policy outlines the types of information we collect, how we use it, the security measures we implement to protect it, and your options for managing your information. For any questions or concerns regarding our terms of use, please feel free to reach out via email.