"Terms and Conditions"
(a) “Buyer” means generally, an individual who receives or has the right to receive goods or services from a supplier as a result of a purchase or other arrangement.
(b) “Buyer transaction” means the supply of Goods/Artwork or services by a seller to a Buyer as a result of a purchase or other arrangement.
(c) “Artwork/Goods” means [generally, are any personal / intellectual property that is used primarily for personal, family, business or household purposes.
(d) “Internet/Website/Online gallery” means the decentralized global network connecting networks of computers and similar devices to each other for the electronic exchange of information / transactions using standardized communication protocols and protections/safety.
(e) “Seller” means the owner of the Goods / Intellectual property or artwork residing at unit 403-1610 Bath Road, Kingston, Ontario, K7M 0C1 Canada, Tel: +1 613 767 9739.
(f) “Contract” means the contract for the sale and purchase of the Goods.
(g) “Terms” means the standard terms of sale set out in this document and (unless the context otherwise requires) includes any special terms agreed in Writing between the Buyer and the Seller.
(h) “Buyer” means the person who accepts the Seller’s written quotation for the sale of the Goods / artwork or whose written order for the Goods/Artwork is accepted by the Seller.
2- Terms of payments
(a) Subject to any special terms agreed in Writing between the Buyer and the Seller, the Seller may invoice the Buyer for the price of the Goods /Artwork prior to delivery of the Goods /Artwork, unless the Goods / Artwork are to be collected directly, by the Buyer or by his/her representative, the Buyer / representative shall pay in full amount at the time of receiving the Goods/Artwork. The seller is not responsible for late arrival of pick up the Goods/Artwork, unless sufficient time of note was giving by the Buyer/Representative to the Buyer.
(b) If the Buyer fails to make the payment on the due date then, without limiting any other right or remedy available to the Seller, the Seller may Cancel the contract or suspend any further deliveries to the Buyer.
(c) Methods of payment are the Buyer’s choice within the aforementioned methods on the Online Gallery/Website.
(d) Security and Protection of Payments and Buyer’s Transactions, by credit cards, are provided by the third party such as PayPal.
(e) Currency used for the Goods/Artwork as requested on the Online Gallery / Website unless otherwise agreed upon in writing.
3- Basis of the sale
(a) The Seller shall sell and the Buyer shall purchase the Goods in accordance with the Seller’s Written quotation (or as quoted on the Sellers’ website) (if accepted by the Buyer), or the Buyer’s Written order (if accepted by the Seller), subject in either case to these Terms, which shall govern the Contract to the exclusion of any other terms subject to which any such quotation is accepted or purported to be accepted, or any such order is made or professed to be made, by the Buyer.
(b) No divergence to these Terms shall be binding unless agreed in Writing between the Buyer and the Seller or their authorized representatives.
(c) The Seller’s representatives or agents are not authorized to make any representations concerning the Goods / Artwork unless confirmed by the Seller in Writing.
(d) Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
4- Orders and specifications
(a) No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in Writing by the Seller or his /her authorized representative. (b) The quantity, quality and description of the Artwork / Goods and any specification for them shall be as set out in the Seller’s quotation or website (as the case may be) (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller). (c) The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any necessary information related to the Goods /Artwork within a sufficient time to enable the Seller to perform the Contract in accordance with its terms. (d) No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing to the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.
5- Price of the Artwork
(a) The price of the Artwork shall be the Seller’s quoted price on the Seller’s published price list current at the date of acceptance of the order. Where the Goods / Artwork are supplied for export from Canada, the Seller’s published export price list shall apply. All prices quoted are valid till further written notice by the Seller or until immediate acceptance by the Buyer, after which time they may be altered by the Seller without giving notice to the Buyer. (b) Except as otherwise stated in the Seller’s Written quotation or in any price list of the Seller, and unless otherwise agreed in Writing between the Buyer and the Seller, all prices are given by the Seller on an ex Goods / Artwork, and where the Seller agrees to deliver the Goods/Artwork are final.
6- Delivery Arrangement
(a) Arrangement of delivery / reception of the Artwork, namely Original Artwork/paintings shall be made by the Buyer collecting the Original Artwork / Paintings from the Seller’s premises at the agreed time after the Seller has notified the Buyer that the Goods / Artwork are ready for collection or, if some other place for delivery is agreed by the Seller, or the Buyer shall be responsible for assigning a professional delivery company to pick up the Original Artwork including the shipping cost at its own risk.
(b) Delivery of Art prints/Greetings cards is the Seller’s responsibility. If the Seller fails to deliver the Artwork, namely Art prints or greetings cards, for any reason other than any cause beyond the Seller’s reasonable control or the Buyer’s fault, and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of the art prints/greeting cards to replace those not delivered of the original purchase.
(c) Any dates quoted for delivery of the Artwork are only approximate and the Seller shall not be liable for any delay in delivery of the Artwork though caused. Time for delivery shall not be of the essence of the Contract unless previously, agreed by the Seller in Writing. The Artwork may be delivered by the Seller in advance of the quoted delivery date on giving reasonable notice to the Buyer and was agreed upon by the buyer.
(d) If the Buyer fails to take delivery of the Artwork or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then, without limiting any other right or remedy available to the Seller, the Seller may:
1- Store the Goods until actual delivery rearranged and charges the Buyer for the reasonable costs of packaging or
2- Sell the Artwork at the best price readily obtainable and charges the buyer the packaging cost.
7- Internet / Online Sales Contract.
(a) The seller must provide the buyer who enters into an Internet / Online sales contract with a copy of the contract in writing or electronic form; right after the buyer receives the full payment of the purchased Good/Artwork and include another Typical Contract with the delivery of the package of Artwork.
(b)The copy of the Sales Contract must include the full information of the Seller’s name, the date the contract was entered into, description of the artwork, quantity of the Artwork, the price was agreed upon between the Seller and the Buyer, the copyright rights titles, Terms and conditions of the usage of the Artwork.
(c) The buyer’s full name, address and contact information.
(d) The buyer’s right and limitation of the usage of the artwork.
8- Cancellation of Sales Contract/Agreement.
(a) The buyer may cancel an Online gallery sales contract at any time before delivery of the Goods/Artwork, before the packaging take place, or the commencement of the services, otherwise, the Buyer shall cover the packaging cost had he/she have not a reasonable reason for the cancelation under critical circumstances.
(b) The notice of cancellation may be given by the buyer to the Seller by any means, including, but not limited to, personal service, registered mail, telephone, courier, facsimile and e mail.
(c) A cancellation of an internet sales contract also operates to cancel any related buyer’s transaction, any guarantee given in respect of consideration payable under the contract, and any security given by the Seller, Buyer or a Guarantor in respect of consideration payable under the contract, as if the contract had never existed.
(d) If an Online sales contract is cancelled, the Seller must, within 15 days from the date of cancellation, refund to the Buyer all consideration paid by the Buyer under the contract and any related Buyer transaction.
9- General Information
(a) The Contract of Sale shall be governed by the laws of Canada, and the Buyer agrees to abide by it.
(b) Buyer shall inquire the truthfulness of the Seller, before making the purchase, through the Canadian BBB (Better Business Bureau) at: http://www.bbb.org/us/find-a-bbb
(c) The Seller may inquire the truthfulness about the Buyer in regard to the accuracy of given information to the Seller and clearing first, the full payment of the purchase of the Artwork.