Terms of Service

Last updated: 26 September 2026

Overview

This website is operated by Alex DiMercurio Art. Throughout this website, “I”, “me”, “my”, “we”, “us” and “our” refer to Alex DiMercurio Art.

These Terms of Service apply when you visit alexdimercurio.com, use its features or purchase a product or service directly through the website. By using this website, you agree to these Terms and to the policies linked below.

If you do not agree with these Terms, please do not use the website. Nothing in these Terms limits any rights you may have under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or other applicable consumer law.

This store is hosted by Shopify, which provides the ecommerce platform used to operate the website and process orders.

1. Using this website

You may use this website only for lawful purposes. You must not:

• interfere with the operation or security of the website;

• introduce malicious code, viruses or other harmful material;

• attempt to gain unauthorised access to the website or its systems;

• collect personal information about other users without permission;

• use the website or its content in a way that infringes another person’s rights; or

• use automated tools to scrape, copy or reproduce substantial parts of the website without written permission.

You must be legally capable of entering into a purchase agreement in your country or have the permission of a parent or guardian.

2. Artwork and product information

Every reasonable effort is made to describe and photograph artwork accurately. However, colours and details may appear differently depending on lighting, photography, screen settings and the device used to view them.

Original paintings are handmade and may include texture, visible brush or palette-knife marks and other characteristics arising naturally from the materials and creative process. These are part of the artwork rather than faults.

Measurements are provided as accurately as reasonably possible. Any framing, materials, condition or other details specific to an artwork will be stated on its product page.

Product descriptions, prices and availability may be corrected or updated when necessary. If a material error affects an order you have already placed, I will contact you before proceeding.

3. Availability, prices and orders

Original paintings are unique and available in a quantity of one unless stated otherwise. Limited-edition prints and other products may also be available only in limited quantities.

Placing an order does not guarantee acceptance. An order may be declined or cancelled if:

• the artwork or product is no longer available;

• incorrect information or pricing was displayed;

• payment cannot be authorised;

• delivery cannot reasonably be arranged to the destination provided; or

• the order appears fraudulent, unauthorised or intended for unauthorised resale.

If payment has already been taken for an order that cannot be fulfilled, the amount paid will be refunded to the original payment method.

Prices may change without notice before an order is placed. The applicable price and currency will be shown at checkout.

4. Payment and customer information

You agree to provide accurate, current and complete information when placing an order, including your name, email address, delivery address and contact number.

Payments are processed through Shopify and its authorised payment providers. Alex DiMercurio Art does not directly receive or store your complete payment-card details.

If you notice an error in your order or delivery information, please contact me as soon as possible. Changes cannot always be made after an order has been dispatched.

5. Shipping and delivery

Shipping arrangements, eligible destinations, international customs charges, Wellington collection and local delivery are explained in the Shipping Policy:

https://alexdimercurio.com/policies/shipping-policy

Delivery estimates are provided in good faith but may be affected by couriers, customs procedures, weather or circumstances outside reasonable control. I will provide available tracking information and assist if a delivery problem occurs.

Purchases made through a gallery, exhibition or another seller are subject to that seller’s own payment, delivery and returns arrangements.

6. Returns, exchanges and consumer rights

The voluntary 14-day change-of-mind return offered for eligible original paintings, together with the applicable conditions and exclusions, is explained in the Refund Policy:

https://alexdimercurio.com/policies/refund-policy

Different terms may apply to limited-edition prints, commissions or other products and will be stated on the relevant product page or in a separate written agreement.

Nothing in these Terms or the Refund Policy excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under applicable consumer law.

If a product arrives damaged, is faulty or does not match its description, please contact alexdimercurioart@gmail.com as soon as possible and retain the product and its packaging while the issue is assessed.

7. Commissions

Commissioned artwork is subject to a separate written agreement covering matters such as the concept, dimensions, price, deposit, estimated timeframe, delivery and approval process.

Where commission terms differ from these general Terms, the written commission agreement will apply to the extent of that difference. Your rights under applicable consumer law remain unaffected.

Because commissioned artwork is created specifically for an individual client, it is not eligible for the voluntary 14-day change-of-mind return unless expressly agreed in writing. This does not limit your rights if the work is faulty, damaged or not supplied in accordance with the agreed commission terms.

8. Intellectual property

Copyright and all other intellectual-property rights in the artwork and website content remain with Alex DiMercurio unless expressly transferred through a written agreement. Purchasing an original painting, commission, print or other product transfers ownership of the physical item only. It does not transfer copyright or reproduction rights.

Artwork and website content must not be copied, reproduced, altered, distributed, commercially exploited, used to create merchandise, minted as an NFT, used to train an artificial-intelligence system or otherwise used without prior written permission.

Collectors are warmly invited to photograph and share artwork they own for personal, non-commercial purposes. Where possible, please credit Alex DiMercurio as the artist and tag @dimercurio_art.

Images, reviews or other material sent privately will not be published for promotional purposes without permission.

9. Third-party services and links

This website may contain links to galleries, payment providers, social-media platforms and other third-party websites or services.

Third-party services are governed by their own terms and privacy practices. Alex DiMercurio Art is not responsible for the content, availability or practices of websites that are not operated or controlled by Alex DiMercurio Art.

A link to another website does not necessarily constitute an endorsement of all its content or services.

10. Privacy

Personal information is handled in accordance with the Privacy Policy:

https://alexdimercurio.com/policies/privacy-policy

By submitting information through the website, you confirm that the information is accurate and that you have the authority to provide it.

11. Website availability

Reasonable care is taken to keep this website accurate, secure and available. However, uninterrupted or error-free access cannot be guaranteed, and the website may occasionally be unavailable for maintenance, updates or reasons outside reasonable control.

To the extent permitted by law, Alex DiMercurio Art is not responsible for losses caused solely by a temporary website interruption, a third-party service failure or unauthorised activity beyond reasonable control.

This section does not exclude or limit liability where doing so would be unlawful.

12. Changes to these Terms

These Terms may be updated when the website, products, services or legal requirements change. The current version and its most recent update date will be published on this page.

Changes will apply from the date they are published and will not retrospectively alter the agreed terms of an order already accepted, unless required by law or agreed with you.

13. Governing law

These Terms are governed by the laws of New Zealand. Any dispute will be subject to the jurisdiction of the New Zealand courts, subject to any rights available to an overseas consumer under the mandatory laws of their country.

14. Contact

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

Alex DiMercurio Art
Wellington, New Zealand
alexdimercurioart@gmail.com
+64 21 136 9584