as of February 1, 2012
SECTION 1. Artwork
1.1 Artist sells and hands over to buyer ownership of the agreement listed art products hereafter called Artwork.
SECTION 2. Transfer and warranty
2.1 The Artwork is transferred in good shape and without any damage to buyer.
2.2 If buyer is not satisfied with the Artwork, buyer has a period of notice of 10 days to notify the artist of termination of the underlying agreement, without the need to give any explanation. Buyer is to notify the artist of termination of agreement in writing, by e-mail. Buyer has to return the work of art within 14 days, in compliance with the conditions as meant in section 6.6 and 6.7. Mentioned time periods start as from the day of reception of the Artwork by buyer.
2.3 If buyer returns the Artwork, buyer is refunded the original purchase price (including possible discounts).
a. In case the Artwork is returned by shipping, the original purchase price (including possible discounts) will be transferred to the purchaser’s bank, if possible immediately, at least within 30 days after reception of the returned shipment.
b. Refunds will be issued upon receipt of Artwork
2.4 The following items, purchased from the artist are not refundable; Scribbleography Volumes (books)
2.5 Claims of buyer on compensation as meant in section 2.3 are void in case of damage inflicted upon the Artwork, caused in any other way than meant in section 6.4.
SECTION 3. Handling
3.1. Artist provides the following guidelines for proper treatment and protection of the Artwork:
a. Artwork may not be placed in direct vicinity of heat source or in humid environment.
b. Artwork art is to be protected as much as possible from direct sunlight.
c. Artwork may not be placed anywhere near outdoor weather.
d. Artwork, unframed, must be stored in proper archival art storage methods.
e. Artwork should be framed with acid free mats, (archival standards) and with glass (not Plexiglas) to ensure longevity.
f. certificate of authenticity should be protected with the Artwork should the buyer wish to resell the Artwork
SECTION 4. Liability
4.1 The colour of the images of Artwork presented on the website can differ from reality. Every reasonable effort has been made to represent the images as realistic as is possible. Artist cannot be held responsible for possible differences. Liability of artist ends after delivery of Artwork.
SECTION 5. Copyright
5.1 Artist retains full copyright on the work of art after selling the Artwork.
5.2 If buyer wishes to publish images of the work of art, imitate or alter, store on media for distribution, transfer and/or exploit in any form or by media (electronic, photocopying, recording, or otherwise), buyer needs the explicit, prior, written permission of artist. Artist may refuse or connect conditions to permission.
5.3 Buyer may reproduce and/or photocopy images for administrative and or insurance purposes, or for purposes that are allowed without obtaining permission from artist, according to copyright law.
SECTION 6. Delivery, shipment and return
6.1 The Artwork is delivered free of charge on request, within a radius of 25km of the Toronto core, (Bay/King), calculated with a route planner.
6.2 In all other cases, the Artwork will be shipped to buyer by a shipping company selected by artist, unless the Artwork is collected personally by buyer or is agreed otherwise.
a. Overnight courier is available upon request. Buyer will pay specific courier fees to the buyer’s specified delivery address. This is an additional and separate delivery charge. Quote for specific delivery location will be provided upon request.
6.3 If the Artwork is shipped to buyer, it is checked in advance and packed thoroughly, in such a way that it reaches its destination in good shape providing regular shipment.
6.4 Any loss or damage during transit must be notified at delivery to the courier of shipping company and the goods held for inspection to enable a claim to be made on the carrier. Buyer is to inform artist by e-mail within 24 hours of receipt, for the lack of which buyer acknowledges to have received the Artwork in good condition.
6.5 Unless agreed otherwise the Artwork will be shipped to buyer within a period of at most thirty days. All dispatch dates quoted are estimated, are not guaranteed and do not form a term of the contract. Whilst every endeavor is made to comply with dates or periods provided, artist shall have no liability whatever for any delay in dispatch or delivery or for non-delivery or for any loss occasioned thereby. Buyer has no right to cancel an order in whole or in part except with artist’s consent.
6.6 The artist creates each print on demand according to the buyers order request. On occasion an image will no longer be available in a size, or the image will be at the end of the edition.
6.7 If an item is placed into this backorder, the artist will contact the buyer.
6.8 The artist creates the Little Books, (volumes 1-3), in short runs. On the occasion the artist is in between runs the artist will inform the buyer should the order be delayed beyond thirty days.
6.9 In case of return shipment, the Artwork is to be returned in the original packaging and by the same means it was shipped to buyer, to ensure safe shipment. In case of unsuitable packaging, buyer is held responsible for all possible losses resulting.
a. In case the Artwork is delivered by artist or collected by buyer, buyer has to return and deliver the Artwork personally at the address of the artist.
b. Buyer is responsible for all shipping charges when returning shipment.
c. Products not in original packaging do not qualify for refund or exchange unless clearly defective.
6.10 (return) Shipping cost and possible taxes, import duties and/or other charges imposes by the government, come to the expense of buyer.
6.11 (return) Buyer requires a RMA (Return Merchandise Authorization). In order to get a RMA the buyer shall email the artist at firstname.lastname@example.org
a. (return) Buyer will confirm artist return address, delivery time, and tracking number of the art being returned.
SECTION 7. Price
7.1 Prices stated on the website for the prints and books do not include shipping and packaging cost, and are valid only for purchase direct from artist. Prices are listed in Canadian dollars unless explicitly stated otherwise.
7.2 Price quotations are subject to change without notice. All orders are accepted and quotations given at prices ruling when the order is accepted or the quotation given. The date of the e-mail or order form used for order or quotation applies as criterion.
7.3 Artist reserves the right to amend prices and correct errors or omissions.
7.4 Submission of the buyer’s order constituted the buyer’s acceptance and acknowledgement of the terms and conditions of sales.
SECTION 8. Privacy
8.1 All information used when processing and storing transaction information is strictly for CUSTOMER USE ONLY. The artist does not make use of this information to provide to third parties or for marketing purposes. Credit Card Information is stored with our payment processor and NOT with the artist. All confidential information is transmitted over a secure connection, thus protecting the integrity and security of the way data is handled over the Internet. ALL INTERNET TRANSACTIONS ONCE LOGIN AND PAYMENT PROCESSING BEGINS, ARE CONDUCTED IN A SECURE MANNER. WE DO NOT STORE CUSTOMER CREDIT CARD INFORMATION ON OUR DATABASE OR OUR SERVERS. We simply store address information and order numbers.
SECTION 9. Use of the website
9.1 Your use of the web site constitutes your agreement to terms and conditions, and notices contained herein or otherwise posted on the web site. (the content of such agreement, inclusive of the terms and conditions and notices, are together referred to herein as the “agreement.”) If you do not accept any of the provisions of the agreement, do not use the web site.
SECTION 10. Links to other web sites
10.1 The web site may contain links to third-party web sites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by the artist. The artist is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites.
10.2 The artist does not warrant that the web site will operate error-free, continuously or without interruption, or that the web site or its server are free of computer viruses or harmful content. If your use of the web site or the material results in the need for servicing or replacing equipment or data, the artist is not responsible for those costs.
SECTION 11. Indemnity
11.1 You agree to defend, indemnify, and hold harmless the artist, its officers, directors, employees and agents, from and against any losses, liabilities, damages, costs, and expenses, including, without limitation, reasonable legal, expert and accounting fees, incurred in connection with any claims, actions or demands alleging or resulting from your use of the Material (including Software), your breach of this Agreement, or your violation of law or of the rights of any third party. The artist shall provide notice to you promptly of any such claim, suit, or proceeding and, if it is one asserted by a third party, shall provide reasonable assistance to you, at your expense, in defending any such claim, suit or proceeding.
SECTION 12 Other Conditions
12.1 Buyer can never claim any right on the basis of the fact that the artist applies these terms and conditions flexibly.
12.2 In case of shipment of the Artwork as mentioned in section 6.2, receipt of payment of buyer is valid as approval of terms and conditions and replacement of the signature on the sales agreement
12.3 Correspondence between artist and buyer is directed to the last address artist has informed buyer of and vice versa.
12.4 The Web Site is based in the province of Ontario, Canada. All legal issues arising form related to the use of the Web Site shall be construed in accordance with and determined by the laws of the province of Ontario, applicable to contracts entered into and performed within the province of Ontario without respect to its conflict of laws principles. By using the Web Site, you agree that the exclusive forums for any claims or causes of action arising out of your use of the Web Site shall be the provincial courts for or within Toronto County in the province of Ontario, and the Canadian District Court for the Central District of Ontario. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum
12.5 Ontario Law is applicable to this agreement.