Terms and Conditions

[vc_row full_width=”stretch_row” css=”.vc_custom_1490651998927{padding-top: 2% !important;padding-bottom: 2% !important;background-color: #4c4c4c !important;}”][vc_column][vc_row_inner type=”boxed”][vc_column_inner][just_icon icon=”Defaults-check-square-o” icon_size=”50″ icon_color=”#1e73be” icon_style=”circle”][vc_custom_heading text=”Terms and Conditions” font_container=”tag:h2|text_align:center|color:%23ffffff”][vc_column_text]

This website is operated by The Arts Guild Inc.. The terms “we”, “us”, and “our” refer to The Arts Guild Inc.. The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our website, use any of our website’s services or place an order on our website.

[/vc_column_text][vc_btn title=”BACK TO POLICIES OVERVIEW” style=”outline” shape=”square” color=”default” size=”lg” align=”center” i_icon_fontawesome=”fa fa-caret-left” add_icon=”true” link=”url:https%3A%2F%2Fwww.theartsguild.com%2Fpolicies%2F|||”][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row][vc_row type=”boxed” css=”.vc_custom_1464724744630{padding-top: 5% !important;padding-bottom: 5% !important;}”][vc_column][vc_column_text]SECTION 1: Website + Store

You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your province of residence and are legally capable of entering into a binding contract.

You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law (including but not limited to copyright laws). You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems.

You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

A breach or violation of any of the Terms will result in an immediate termination of your Services.[/vc_column_text][vc_column_text]SECTION 2: General Conditions

We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website.

You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes that are made. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.

You understand that information that you provided to us is provided by you with your consent, and maybe transferred through unencrypted (but secure) channels to assist in the completion of our tasks. Credit card information is not stored on any of our own databases unless you specify to do so within your payment options, and that information is always transferred through secure, encrypted channels. All personal information is subject to our Privacy Policy.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.[/vc_column_text][vc_column_text]SECTION 3: Accuracy, Completeness and Timeliness of Information

Product information is kept as accurate and complete as possible. However, not all information on this site should be considered timeless, accurate, complete, or current, and elements such as posting date and double-checking should be done. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

Information provided directly from third party individuals – including but not limited to interviews, quotes, and social/social media conversations – is considered as is, and we can cannot confirm if information provided by such parties is accurate, complete or current.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.[/vc_column_text][vc_column_text]SECTION 4: Products

All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction.

Prices for our products are subject to change, without notice. Prices displayed on our website are quoted in Canadian dollars. We have made efforts to ensure the colour and design of our products are displayed as accurately as possible on our website.

We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.

We reserve the right to anytime modify or discontinue any product listings without prior notice.

All products are subject to our Delivery and Return Policy.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.[/vc_column_text][vc_column_text]SECTION 5: Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.[/vc_column_text][vc_column_text]SECTION 6: Orders + Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.[/vc_column_text][vc_column_text]SECTION 7: Links to Third-Party Websites

Information on this site includes links to third-party websites and sources. 

Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. [/vc_column_text][vc_column_text]SECTION 8: User Comments, Feedback, and Other Submissions

You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership.

You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.

You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party.

We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content. [/vc_column_text][vc_column_text]SECTION 9: Errors and Omissions

Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to articles, stories, product descriptions, pricing, promotional material and availability, and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.[/vc_column_text][vc_column_text]SECTION 10: Disclaimer and Limitation of Liability

You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components.

The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website.

In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages.

Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law. [/vc_column_text][vc_column_text]SECTION 11: Indemnification

You agree to defend and indemnify us, and hold us and our affiliates harmless,, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights. [/vc_column_text][vc_column_text]SECTION 12: Entire Agreement

The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.[/vc_column_text][vc_column_text]SECTION 13: Waiver

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.[/vc_column_text][vc_column_text]SECTION 14: Headings

Any headings and titles herein are for convenience only.[/vc_column_text][vc_column_text]SECTION 15: Severability

If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law. [/vc_column_text][vc_column_text]SECTION 16: Governing Law

Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the Province of Ontario without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our website must be brought before the courts of the Province of Ontario in the City of Toronto, Ontario and you irrevocably consent to the exclusive jurisdiction and venue of such courts. [/vc_column_text][vc_column_text]SECTION 17: Questions or Concerns

Please send all questions, comments and feedback to us at contact@theartsguild.com.[/vc_column_text][/vc_column][/vc_row]