Terms of Service

Last updated: 3 July 2026

Overview

Welcome to Elizabeth Marshall Art.

The terms “we”, “us” and “our” refer to Elizabeth Marshall Art. These Terms of Service apply to your use of our website, online store, products, services, content and related features.

Elizabeth Marshall Art is powered by Shopify, which enables us to provide our online store and services to you. Any purchases made through this website are made directly with Elizabeth Marshall Art.

By visiting our website, browsing our store, placing an order or using our services, you agree to these Terms of Service, together with our Privacy Policy, Refund Policy and Shipping Policy.

Please read these Terms carefully before using our website or placing an order. If you do not agree with these Terms, you should not use our website or purchase from our store.

Nothing in these Terms limits, excludes or modifies any rights or remedies you may have under applicable consumer protection laws, including the New Zealand Consumer Guarantees Act 1993, the New Zealand Fair Trading Act 1986, or the Australian Consumer Law where applicable.

Section 1 — Access and account

By using this website, you confirm that you are at least the age of majority in your country, state or region of residence, or that you have given consent for your minor dependants to use this website.

You may be asked to provide information including your name, email address, billing address, payment details and shipping information. You agree that all information you provide is accurate, current and complete.

You are responsible for maintaining the security of your account details and for any activity that occurs under your account. You must not transfer, sell, assign or allow another person to use your account without permission.

We reserve the right to refuse access to our website, cancel accounts or decline orders where we reasonably believe these Terms have been breached, unlawful activity has occurred, or our business, customers or services may be affected.

Section 2 — Our products

Elizabeth Marshall Art sells art products including, but not limited to, unframed giclée prints, framed prints, original artworks, art cards and other art-related products.

Many of our products are printed to order. This means your item may be produced specifically for you after your order is placed.

We make every effort to represent our products accurately, including colours, materials, scale, sizing and product details. However, colours may vary slightly depending on your screen settings, device, lighting and print process. Minor variations in colour, cropping, finish or scale are not considered defects unless the item is materially different from the product description.

All product descriptions, prices and availability are subject to change without notice. We reserve the right to discontinue products, limit product quantities or refuse orders at our discretion.

Original artworks, custom artworks, commissioned works and print-to-order products may have additional product-specific terms. Where product-specific terms are stated on a product page, those terms form part of these Terms of Service.

Section 3 — Orders

When you place an order, you are making an offer to purchase the selected product or products. Your order is not accepted until we confirm acceptance of the order and payment has been received or authorised.

Please check your order carefully before submitting it, including the artwork, size, frame choice, shipping address and contact details.

Because many Elizabeth Marshall Art products are printed to order, your order may enter production shortly after purchase. Once a print-to-order item has been accepted and production has started, it cannot be cancelled, changed, returned or exchanged because of a change of mind.

This includes, but is not limited to:

• choosing the wrong size;

• changing your mind about the artwork;

• deciding the colour does not suit your space;

• entering the wrong shipping address;

• ordering the wrong frame or format;

• finding another product you prefer;

• deciding you no longer want the item.

This does not affect your rights if an item arrives damaged, defective, incorrect, or materially different from the product description.

If there is an issue with your order, please contact us as soon as possible at hello@elizabethmarshallart with your order number, a description of the issue and clear photos where relevant.

We reserve the right to accept, decline, cancel or limit an order where necessary, including where a product is unavailable, a price or product description contains an error, payment cannot be processed, fraud or misuse is suspected, or shipping to the requested location is not available.

Section 4 — Prices, payment and billing

All prices are shown in the currency displayed at checkout.

Prices, discounts, promotions and product availability may change without notice. The price charged for a product will be the price shown at the time your order is placed, subject to correction of any obvious error.

Unless otherwise stated, prices do not include shipping charges, customs duties, import taxes or other charges that may apply to delivery outside New Zealand.

You agree to provide current, complete and accurate billing, payment and contact information for all purchases. You also agree to promptly update your details if needed so that we can process your order and contact you about it.

You confirm that you are authorised to use the payment method provided and that your payment details are true, correct and complete.

If your payment cannot be processed, we may cancel your order.

Section 5 — Shipping and delivery

Please refer to our Shipping Policy for current shipping information, estimated delivery timeframes and shipping charges.

Unframed prints may be shipped free of charge where stated on our website. Other products will be shipped in the most economical and secure way reasonably available, depending on the item, destination and carrier options.

Delivery timeframes are estimates only and are not guaranteed. Delays may occur due to production times, carriers, customs processing, public holidays, weather, disruptions or events outside our control.

We take care in packaging items securely. If your order arrives damaged, defective or incorrect, please contact us promptly at hello@elizabethmarshallart.com with your order number and clear photos of the packaging and item so that we can assess the issue and arrange an appropriate remedy.

You are responsible for ensuring your shipping details are correct at the time of order. We are not responsible for delays or failed delivery caused by incorrect or incomplete shipping information provided by you.

Section 6 — Returns, refunds and exchanges

Please refer to our Refund Policy for detailed information about returns, refunds and exchanges.

Because many Elizabeth Marshall Art products are printed to order, we do not accept cancellations, returns, refunds or exchanges for change of mind once an order has been accepted and production has started.

Print-to-order items are made specifically in response to your order and cannot usually be returned to stock.

We may consider a remedy where an item is:

• damaged in transit;

• defective;

• incorrect;

• materially different from the product description;

• missing from your order.

To request a return, refund, replacement or other remedy, please contact us at hello@elizabethmarshallart.com as soon as possible after receiving your order. Please include your order number, proof of purchase, a description of the issue and clear photos where relevant.

Items sent back to us without first contacting us and receiving return instructions may not be accepted.

Where a return is approved, we will provide instructions on how and where to send the item. Unless otherwise required by law, return shipping costs may be your responsibility.

Nothing in this section limits any rights you may have under applicable consumer protection laws.

Section 7 — Intellectual property

All artwork, designs, images, photographs, graphics, text, branding, logos, product names, website content and other materials displayed on this website are owned by Elizabeth Marshall Art or used with permission.

These materials are protected by New Zealand, Australian and international copyright, trademark and intellectual property laws.

You may use this website for personal, non-commercial purposes only. You must not copy, reproduce, modify, distribute, publish, display, sell, licence, download, store, transmit, create derivative works from, or otherwise use any artwork, image, design, text, product listing or other content from this website without our prior written permission.

Purchasing a print, original artwork, card or other product does not transfer copyright or intellectual property rights to you. You are purchasing the physical product only, unless we expressly agree otherwise in writing.

You must not use Elizabeth Marshall Art’s name, logo, artwork, product names, designs or branding without prior written consent.

Unauthorised use of our artwork, images, designs or website content may result in legal action.

Section 8 — Personal and non-commercial use

Products purchased from Elizabeth Marshall Art are intended for personal, domestic or gift use unless otherwise agreed in writing.

You must not purchase products for commercial resale, reproduction, copying, licensing or export without our prior written consent.

If you are interested in wholesale, licensing, trade, styling, commercial display or other business use, please contact us before purchasing.

Section 9 — Third-party tools and links

Our website may include access to third-party tools, apps, payment platforms, shipping providers, embedded content or links to third-party websites.

We do not control third-party websites, services or tools and are not responsible for their content, accuracy, privacy practices, policies or performance.

Your use of third-party services may be subject to the terms and policies of those third parties. Please review those terms before using third-party services or providing personal information.

Section 10 — Shopify

Elizabeth Marshall Art is powered by Shopify, which enables us to operate our online store.

However, any sale or purchase made through our store is made directly between you and Elizabeth Marshall Art. Shopify is not responsible for any aspect of the sale between you and Elizabeth Marshall Art, including any injury, damage, loss, issue, claim or dispute arising from products purchased through our store.

By using our website and placing an order, you acknowledge that Shopify may process certain personal information in order to provide the platform and related services.

Section 11 — Privacy

Your personal information is handled in accordance with our Privacy Policy, which can be viewed on this website.

Because our store is hosted by Shopify, Shopify may also collect and process personal information about your access to and use of our website and store. Shopify’s own privacy information may also apply.

By using our website, you acknowledge that you have read and understood our Privacy Policy.

Section 12 — Feedback, reviews and customer content

If you submit, upload, post, email or otherwise provide reviews, comments, photographs, testimonials, feedback, suggestions or other content to us, you grant Elizabeth Marshall Art permission to use, reproduce, edit, publish, display and share that content for business, promotional, marketing and website purposes.

This may include using reviews, testimonials, customer photos or feedback on our website, social media, email marketing or other promotional material.

You confirm that any content you provide is your own, is accurate to the best of your knowledge, and does not infringe the rights of any third party.

We may monitor, edit or remove customer content at our discretion, including content that is unlawful, offensive, defamatory, misleading, obscene, abusive, spam-like or otherwise inappropriate.

You must not use a false email address, impersonate another person, or mislead us about the origin of any content you provide.

Section 13 — Errors, inaccuracies and omissions

Occasionally, our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, shipping charges, transit times, product availability or other information.

We reserve the right to correct errors, inaccuracies or omissions, and to update, change or cancel orders where information on the website was inaccurate at the time of purchase.

If your order is affected by an error, we will try to contact you using the details provided at the time of order.

Section 14 — Prohibited uses

You may use this website for lawful purposes only.

You must not use our website, services, products or content:

• for any unlawful, fraudulent or malicious purpose;

• to infringe our intellectual property rights or the rights of any other person;

• to copy, reproduce, scrape, extract, download or exploit website content, product listings, images, artwork or designs;

• to harass, abuse, insult, harm, defame, threaten, intimidate or discriminate against any person;

• to transmit false, misleading or deceptive information;

• to upload or transmit viruses, malware or harmful code;

• to interfere with the security, operation or functionality of the website;

• to spam, phish, scrape, crawl or use automated tools to access the website without permission;

• to impersonate another person or misrepresent your identity;

• to engage in conduct that may harm Elizabeth Marshall Art, Shopify, our customers or our services.

We reserve the right to suspend, restrict or terminate access to our website or services if we believe these Terms have been breached.

Section 15 — AI tools, scraping and automated access

You must not use bots, scrapers, crawlers, automated tools, AI agents or other automated systems to access, copy, reproduce, download, extract, train on, analyse or commercially exploit any content from this website without our prior written permission.

This includes, but is not limited to, artwork, product images, product descriptions, website text, branding, customer reviews and other content.

You must not use our artwork, images, product listings or website content to train, develop or improve AI models, image-generation tools, machine-learning systems or similar technologies without our express written consent.

We may block, restrict or take action against automated access or use that we believe is unauthorised, excessive, harmful or inconsistent with these Terms.

Section 16 — Termination

We may terminate, suspend or restrict your access to our website or services at any time if we reasonably believe you have breached these Terms or used our website in a way that may harm our business, services, customers, intellectual property or legal rights.

Any obligations or rights that by their nature should survive termination will continue to apply, including intellectual property rights, payment obligations, limitation of liability, indemnity and governing law provisions.

Section 17 — Disclaimer of warranties

We aim to provide accurate, useful and up-to-date information on our website. However, website content is provided for general information purposes and may not always be complete, current or error-free.

To the extent permitted by law, our website and services are provided on an “as is” and “as available” basis.

We do not guarantee that our website will be uninterrupted, secure, timely or free from errors, viruses or other harmful components.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be excluded under applicable law.

Section 18 — Limitation of liability

To the extent permitted by law, Elizabeth Marshall Art will not be liable for any indirect, incidental, special, consequential or punitive loss or damage arising from your use of our website, services or products.

This may include loss of profits, loss of revenue, loss of data, business interruption, replacement costs or similar losses.

Where our liability cannot be excluded, our liability will be limited to the maximum extent permitted by applicable law.

Nothing in these Terms limits liability that cannot legally be limited or excluded, including your rights under applicable consumer protection laws.

Section 19 — Indemnity

You agree to indemnify Elizabeth Marshall Art against losses, damages, liabilities, claims, expenses and reasonable legal costs arising from:

• your breach of these Terms;

• your misuse of our website, services, products or content;

• your infringement of our intellectual property rights or the rights of any third party;

• your violation of any applicable law.

This indemnity does not apply to the extent that a loss or claim is caused by our own unlawful conduct, negligence or breach of applicable consumer protection laws.

Section 20 — Severability

If any part of these Terms is found to be unlawful, invalid or unenforceable, that part will be severed to the extent necessary. The remaining parts of these Terms will continue to apply.

Section 21 — Waiver and entire agreement

If we do not immediately enforce a right under these Terms, that does not mean we have waived that right.

These Terms, together with any policies linked on our website, form the entire agreement between you and Elizabeth Marshall Art regarding your use of our website and services.

Section 22 — Assignment

You must not transfer or assign your rights or obligations under these Terms without our prior written consent.

We may transfer or assign our rights and obligations under these Terms where reasonably necessary for the operation, sale, restructuring or transfer of our business.

Section 23 — Governing law

These Terms are governed by the laws of New Zealand.

You and Elizabeth Marshall Art agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.

If you are located outside New Zealand, you may also have rights under consumer protection laws that apply in your country, state or region.

Section 24 — Changes to these Terms

We may update, change or replace these Terms from time to time by posting the updated version on our website.

The current version of these Terms will always be available on this page.

If we make material changes, we will take reasonable steps to notify customers where required by law.

Your continued use of our website after changes are posted means you accept the updated Terms.

Section 25 — Contact information

Questions about these Terms of Service can be sent to:

Elizabeth Marshall Art
Email: hello@elizabethmarshallart.com
Website: elizabethmarshallart.com