Terms of service
Terms of Service
These Terms of Service apply when you access cherivoa.com or purchase products or services from Cherivoa Portraits Limited (“Cherivoa”, “we”, “us” or “our”). By placing an order with us, you agree to these terms.
1. Our portraits
Cherivoa creates personalised digital artwork from photographs supplied by customers. Portraits may be supplied digitally or produced as physical products including fine art prints, framed prints and canvas products.
Our artwork is digitally created and may use AI-assisted tools as part of our production process. It is not represented as hand-painted artwork. Every portrait is subject to our Cherivoa production and quality-control process.
2. Your photographs
By uploading or providing a photograph to Cherivoa, you confirm that you own the photograph or have the necessary permission or authority to use it for the portrait you are ordering.
You grant Cherivoa permission to use the photograph solely as reasonably necessary to create, quality-check, supply and fulfil your order.
You remain responsible for ensuring that your use of the photograph does not infringe another person's copyright, privacy or other rights.
3. Privacy and marketing use
Customer photographs and commissioned portraits will not be used by Cherivoa for advertising, social media, promotional material or other marketing purposes unless we have obtained appropriate permission from you.
Our handling of personal information is also governed by our Privacy Policy.
4. Photo suitability
The quality and suitability of the photograph you provide can affect the finished portrait.
We may contact you and request another photograph if the supplied image does not provide sufficient detail to meet our portrait-quality standards.
5. Artwork creation and revisions
We create your portrait using the style and order information you provide.
For physical portrait orders, you will receive a digital proof before physical production begins.
If there is a genuine likeness or detail issue, you may request one reasonable revision before approving the artwork. Additional revisions, significant stylistic changes or changes outside the original order may be subject to an additional charge, which will be communicated before any additional work is undertaken.
6. Artwork approval
Nothing is sent to physical production until you explicitly approve your artwork.
You are responsible for carefully reviewing the proof, including likeness, permanent markings, colours, spelling where applicable, composition and other visible details.
Once you approve the artwork, you authorise Cherivoa to use the approved version for production of your physical product.
Changes requested after approval may not be possible once production has begun.
7. Digital portraits
Digital Portrait orders are supplied electronically.
Every physical Cherivoa portrait also includes the approved high-resolution digital portrait at no additional charge.
Digital files are supplied for the customer's personal use. Unless otherwise agreed in writing, purchase does not transfer Cherivoa's intellectual property rights in the artwork or grant permission for commercial reproduction, resale or other commercial exploitation.
8. Physical production and delivery
After approval, physical portraits are prepared for production and supplied using our production and fulfilment partners.
Production and delivery estimates are estimates rather than guaranteed delivery dates unless we expressly agree otherwise.
Where tracking is available, tracking information will be supplied once the physical order has been dispatched.
9. Colour and product variation
Colours may appear slightly different between screens and printed products because displays, materials and printing processes reproduce colour differently.
Minor variations that are normal to the printing or production process may occur.
This does not limit your rights where goods fail to meet applicable consumer guarantees.
10. Prices and payment
Prices displayed on cherivoa.com are in New Zealand dollars unless otherwise stated.
You agree to pay the price and any applicable delivery charges shown at checkout when placing your order.
We may change prices from time to time, but a price change will not alter the agreed price of an order already accepted by us.
11. Cancellations, returns and refunds
Cancellations, returns, replacements and refunds are governed by our Returns, Refunds & Cancellations Policy.
Because Cherivoa products are personalised and made specifically for each customer, change-of-mind rights may differ from those applying to standard retail products.
Nothing in these terms limits any rights or remedies you have under applicable New Zealand consumer law.
12. Intellectual property
The Cherivoa name, branding, website content, designs, production systems and other Cherivoa-owned material remain the intellectual property of Cherivoa Portraits Limited or their respective rights holders.
Purchasing a portrait does not transfer ownership of Cherivoa's underlying production methods, branding, systems or other intellectual property.
Nothing in these terms claims ownership of the customer's original photograph.
13. Website use
You must not misuse our website, attempt unauthorised access, interfere with its operation, use it for unlawful purposes, or copy or commercially exploit Cherivoa-owned website content without permission.
We may update, modify or withdraw website content, products or services where reasonably necessary.
14. Consumer rights
Nothing in these Terms of Service is intended to exclude, restrict or modify rights or remedies that cannot legally be excluded under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or other applicable New Zealand law.
15. Changes to these terms
We may update these Terms of Service from time to time. The terms applying to an order will generally be those in effect when the order is placed, subject to any rights or obligations imposed by law.
16. Contact
If you have questions about these Terms of Service or your Cherivoa order, please contact us:
Email: hello@cherivoa.com
Website: cherivoa.com
Cherivoa Portraits Limited
New Zealand