Terms of service

Terms of Service

Welcome to Wispy Cloud Studio. These Terms of Service apply to your use of the Wispy Cloud Studio website and to purchases made through our online store.

By using our website or placing an order with us, you agree to these Terms of Service.

About Wispy Cloud Studio

Wispy Cloud Studio is a New Zealand business creating and selling artwork, digital products and physical creative goods.

Our products may include digital artwork, printable products, physical artwork, home décor, textiles and other creative products.

Our contact details are provided at the end of these Terms.

Products and Product Information

We take reasonable care to ensure that product descriptions, images, dimensions, colours, prices and other information provided on our website are accurate and up to date.

Colours and appearance may vary between different screens, devices, printers and physical materials, so the appearance of a product or digital artwork may differ slightly from images shown on our website.

We reserve the right to correct genuine errors or inaccuracies in product information. If an error affects an order you have already placed, we will contact you where appropriate.

Product availability may vary, and we may update, modify or discontinue products from time to time.

Digital Products

Digital products are supplied electronically and no physical item will be shipped unless specifically stated in the product listing.

Digital products may be supplied as downloadable files, access instructions or links to digital files, including links to third-party storage services used by Wispy Cloud Studio.

The specific file formats, sizes and other details included with a digital product will be described on the relevant product listing.

You are responsible for ensuring that your device, software and printer, where applicable, are suitable for using or printing the digital files.

If you experience a problem accessing or using a digital product, please contact us so that we can assist.

Personal Use and Digital Product Licence

Unless otherwise stated, digital artwork purchased from Wispy Cloud Studio is licensed to the purchaser for personal, non-commercial use.

You may:

  • download and store the digital files for your personal use;
  • print the artwork for your own home or personal use;
  • have a physical copy printed by a commercial printing service acting on your behalf; and
  • print a physical copy as a personal gift for another person.

You may not:

  • resell, sublicense, share, transfer or distribute the digital files;
  • upload the digital files to websites, file-sharing services or public platforms;
  • sell or distribute printed copies as products;
  • use the artwork for commercial purposes, including merchandise, branding, advertising or promotional materials;
  • claim the artwork as your own original work;
  • reproduce or modify the artwork for commercial use; or
  • otherwise reproduce, distribute or exploit the digital files or artwork beyond the personal uses permitted above.

Copyright and ownership of the original artwork remain with Wispy Cloud Studio. Purchasing a digital product does not transfer copyright or ownership of the artwork to the purchaser.

Physical Products

When physical products are available, the relevant product listing will provide information about the product, including materials, dimensions, care instructions, availability and delivery information where applicable.

Physical products may vary slightly from photographs or other images due to materials, manufacturing processes, handmade elements or natural variations.

Physical products are subject to the consumer guarantees and other legal rights applicable to the customer's purchase.

Orders and Payment

When you place an order through our website, you are making an offer to purchase the products selected at the prices displayed at the time of purchase.

An order is accepted when we confirm the order and payment has been successfully processed, unless we notify you otherwise.

We reserve the right to contact you if there is a problem with your order, including an issue with product availability, pricing, payment or other circumstances that prevent us from fulfilling the order.

If we are unable to fulfil an order, we will provide an appropriate remedy, which may include a refund.

Prices

Unless otherwise stated, prices displayed on our New Zealand store are in New Zealand dollars.

For customers purchasing through other supported markets, prices may be displayed in the applicable local currency.

The price applicable to your order is the price displayed at the time your order is placed.

Delivery charges, taxes, duties or other applicable charges may be added where applicable and will be displayed during the purchasing process where required.

Intellectual Property

All artwork, illustrations, designs, photographs, logos, branding, written content and other material created or used by Wispy Cloud Studio on this website remain the property of Wispy Cloud Studio or their respective rights holders.

Except where expressly permitted by these Terms or applicable law, you may not reproduce, copy, modify, distribute, publish, sell or commercially exploit our content without our written permission.

Website Use

You agree to use our website lawfully and responsibly.

You must not:

  • use the website for unlawful purposes;
  • attempt to gain unauthorised access to our systems or accounts;
  • interfere with the operation or security of the website;
  • introduce malicious or harmful software;
  • copy or reproduce website content for commercial purposes without permission; or
  • use the website in a way that could damage, disable or impair its operation.

Changes to Products and Services

We may update, modify, suspend or discontinue products, services, website features or other aspects of Wispy Cloud Studio from time to time.

Changes will not affect an order that has already been accepted except where necessary to comply with applicable law or where otherwise agreed with you.

Consumer Rights

Nothing in these Terms limits, excludes or replaces any rights or remedies you may have under applicable consumer protection laws in your country or region.

Where applicable law provides you with rights relating to the quality, safety, description, delivery, refunds, cancellations, replacements, repairs or other aspects of products or services, those rights continue to apply.

Limitation of Liability

To the extent permitted by applicable law, Wispy Cloud Studio will not be responsible for losses arising from circumstances beyond our reasonable control.

Nothing in these Terms affects any rights or remedies that cannot legally be excluded or limited.

Governing Law

These Terms are governed by the laws of New Zealand.

Nothing in this section is intended to deprive consumers in other countries or regions of any mandatory rights or protections that apply to their purchase under the laws of their country or region.

Contact Us

If you have any questions about these Terms, our products or your order, please contact us:

Wispy Cloud Studio

Email: info@wispycloudstudio.com
Phone: +64 (0)27 307 4877

Address:
12A Penton Road
Stanmore Bay
Whangaparāoa
Auckland 0932
New Zealand