Terms and Conditions
By clicking on the "Pay Now" button, you (hereinafter: "Purchaser") are consenting to become a party to this Agreement of Purchase and Sale of Original Canvas Painting (hereinafter: "the Artwork") with Artyka Inc. (hereinafter: "Seller") and to be bound by all the terms included herein.
1. Subject of Agreement: The Purchaser wishes purchase an Artwork or to commission the Seller to create an Artwork. The Purchaser will receive the original handmade painting (oil/acrylic on canvas).
2. Geographical Shipping Restrictions: Currently, the Artwork can be shipped with 100% insurance only to locations within USA and Canada. Purchasers from other countries need to contact the Seller to confirm if shipping is possible to their location.
3. Online Samples of the Paintings: The Website has a gallery of digital photographic images that represent Artworks. The Purchaser who orders a commissionned Artwork, understands that because each Artwork is handmade, there will be no exact match between the online image and the final painting.
4. The Website Ordering Process: To order an Artwork, Purchaser fills in the Order Form, which is automatically displayed online if the painting is available for sale. After selecting the shipping destination, Purchaser will be redirected to the secure payment page provided by PayPal.com - to complete the transaction. For alternative methods of payment Purchaser needs to contact Seller using online form on Website before placing an order.
5. Order Total: The "TOTAL" on the Order Form is defined as (a) the selling price for the Artwork, plus (b) sales, or any other taxes that Seller is required to collect pursuant to applicable law, plus (c) shipping costs, customs duties (if applicable) and insurance charges. Unless exempt by law, Seller may be required to pay sales tax, or other applicable transactional tax. Seller is obligated to determine whether taxes apply for the Purchaser residing in Canada and is responsible to collect, remit and report any sales or use taxes arising from any transaction. The Purchaser may be subject to pay other tax in Purchaser's domicile. It is the Purchaser's responsibility to determine whether other taxes apply to the transactions and to report and remit the correct tax to the appropriate tax authority.
6. Packing and Shipping: Seller will be responsible for the cost of packing the Artwork, and the Purchaser will be responsible for the cost of shipping and insuring the Artwork while in transit to Purchaser or to shipping recipient if different than the Purchaser. The Artwork shall be shipped by Seller within 15 (fifteen) business days from the time of receipt of payment from the Purchaser, unless otherwise communicated to the Purchaser. Seller is not responsible for shipping delays or omissions caused by the carrier (Canada Post, USPS, UPS, FedEx, etc.).
7. Shipping Insurance: The Artwork will be carefully packed and insured during transit to cover any damage or non-delivery. Purchaser must check all deliveries upon arrival. If the Artwork is damaged, Purchaser must inform Seller immediately to arrange a refund, exchange or replacement.
8. Refund Policy: Seller will process returns and refunds within 14 (fourteen) days of delivery. Purchaser will receive a full refund of the cost of the Artwork less shipping and handling costs and PayPal fees as soon as Seller has received the Artwork back in original condition. Purchaser is responsible for the costs of returning the Artwork to Seller. The refund will be given in the form of Merchandise Credit, which can be used towards purchasing another Artwork within 6 (six) months. Please note that this Refund Policy is applicable only to the artworks purchased as "Currently Available" and not to "Available By Commission". There is no return or exchange for custom made artworks.
9. Copyrights: Copyrights of the Artwork remains the property of Seller. Purchaser may not reproduce an image of the Artwork and may not, at any time, publish or submit for publication or reproduction any image of the Artwork to any third party including any internet website for any purpose.
10. Limitations of Guarantees: All Artworks offered on the Website are sold subject to the specific warranty and guarantee as to physical condition and title set forth. Other than as set forth in the specific warranty and guarantee, all Artworks are sold to Purchasers "AS IS," and Seller makes no guarantees, warranties or representations, expressed or implied, to any Purchaser with respect to the Artwork, including without limitation its merchantability, fitness for a particular purpose, quality, importance, provenance, exhibitions, literature or historical relevance of the Artwork or otherwise. No statement anywhere, whether oral or written, shall be deemed such a guarantee, warranty or representation. Please note that Seller makes no representation or warranty as to whether the Purchaser acquires any reproduction rights or other intellectual property rights in the Artwork.
11. Sole Remedy: It is specifically understood and agreed that with respect to any of the representations or warranties set forth, the rescission of a sale and refund pursuant to this paragraph and General Terms and Conditions is the sole and exclusive remedy that is available to the Purchaser as a matter of law, or in equity. The Purchaser shall not be entitled to any incidental or consequential damages incurred or claimed.
12. Refusals: Seller may refuse to process a transaction for any reason or refuse service to anyone at any time in its sole discretion. Seller will not be liable to any Purchaser or third party by reason of Seller's withdrawing any Artwork before the end of the sale period; removing, screening or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
13. Title; Risk of Loss: When Seller delivers the Artwork to the shipper for shipment to the Purchaser, title to the Artwork and risk of loss will pass to the Purchaser. If the Purchaser collects the Artwork from Seller or the Seller in person, title to the Artwork and risk of loss will pass to the Purchaser upon delivery to Purchaser. If the Artwork is damaged in transit, the Purchaser should contact the shipping agent and process a claim under the applicable insurance policy. Seller is not obligated to take an Artwork back under this Agreement if the Artwork was damaged in transit. Seller is obligated to insure all Artworks and Seller is to provide reasonable assistance to help the Purchaser resolve damage claims with the insurer
14. Remedies for Purchaser's Failure: If any applicable conditions of this Agreement are not complied within a timely manner by the Purchaser, in addition to other remedies available to Seller by law or in equity, including without limitation the right to hold the Purchaser liable for the Order Total, Seller may, at its option, cancel the sale and re-offer the Artwork on the Website or sell it privately. In addition, Seller may hold the Purchaser liable for any and all costs of collection or re-offer, handling charges, late charges of 20% per annum (or the highest rate allowed under applicable law), commissions and any legal fees and expenses.
15. Compliance with Laws: The Website may be used only for lawful purposes and in a lawful manner. Purchaser agrees to comply with all applicable laws, statutes and regulations regarding use of the Website and any transactions conducted on or through the Website.
16. Fraud: Purchaser may not purchase any Artworks under a false name or use an invalid or unauthorized credit card. Purchaser may not purchase orders under a false name, impersonate any participant. Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement authorities, and Seller will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
17. Monitoring: Seller has the right, but not the obligation, to monitor any activity and content associated with the Website. Seller may investigate any reported violation of the Website policies or complaints and take any action that it deems appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials on the Website).
18. Termination: Seller in its sole discretion, may terminate, without notice for any reason, the right of any user to purchase online or to access the Website.
19. Limited License: Seller grants a limited license to each user of the Website to make personal use of the Website only for purchasing on the Website. This license expressly excludes, without limitation, any resale or commercial use of the Website, making any derivative of the Website, the collection and use of participant e-mail addresses or other participant information, ratings or listings, or any data extraction or data mining whatsoever, including without limitation the reproduction of images found on the Website for any use other than viewing the property for the purpose of considering a purchase.
2. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLER AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, REVENUES OR DATA), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE, THE INABILITY TO USE THE WEBSITE OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
3. TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE.
4. Ownership: All content included on the Website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Seller, its licensors, their affiliates, or other content suppliers and is protected by Canadian, U.S. and foreign copyright laws and international conventions. As between Purchaser and Seller, the compilation meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of Seller or its licensors and is protected by Canadian, U.S. and foreign copyright laws and international conventions. All software used on the Website is the property of Seller or its affiliates and their software suppliers and is protected by Canadian, U.S. and foreign copyright laws and international conventions.
5. content and software on the Website may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content on the Website, is strictly prohibited.
6. Notice of Intellectual Property Rights: Trademarks, service names, graphics, logos and other identifiers ("Trademarks") noted on the Website with an ©, ® or TM are the registered trademarks or trademarks respectively of Seller or its affiliates. No Trademark may be used in connection with any products or services without the express prior written approval of the owner of the applicable Trademark.
7. Applicable Law: This Agreement shall be governed by and construed under the laws of the Province of Ontario, Canada applicable to agreements made and fully performed therein. It contains the entire understanding between the parties concerning its subject matter, and no modification is binding unless in writing and signed by the party to be bound.
8. Place of Contract: The contract between the Purchaser and Seller will be completed when the Purchaser has purchased the Artwork through the Website. The sale contract is therefore completed in the Province of Ontario, Canada.
9. Governing Language and Translations: English shall be the language of the Website, and all transactions occurring in connection with the Website, and all users waive any right to use and rely upon any other language or translations. This Agreement may be presented in languages other than English for the convenience of our users. All Users and Purchasers specifically agree that the English language version of this Agreement shall control in the event of any inconsistency between that version and any version presented in languages other than English.
10. Notices: To be effective, notices to Seller relating to this Agreement, the Website or any transaction conducted on or through the Website must be given in writing and must be sent by registered letter, receipted commercial courier, or electronically receipted facsimile transmission (acknowledged in like manner by the intended recipient) at the Sellers addresses (provided upon request).
11. Severability and Non Waiver: If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. Seller's failure to exercise or forbearance from exercising any rights or remedies, or failure to enforce or forbearance from enforcing, the strict performance of any provision of this Agreement , will not constitute a waiver of Seller's right to exercise such rights or remedies or enforce such provision or any other provisions of this Agreement in that or any other instance. Any waiver of any provision of this Agreement by Seller must be made in writing and signed by an authorized representative of Seller specifically referencing this Agreement and the provision to be waived.
12. Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.