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 Purchaser who orders a commissioned 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 3 (three) 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.
8. Return Policy: Seller will process returns within 3 (three) days of delivery. Purchaser will receive a Merchandise Credit for 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 “Available” and not to “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. 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.
11.  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 Artwork is damaged in transit, the Purchaser should contact Seller to 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.
12. 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.
13. 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.
14. Privacy: Seller is committed to protecting Purchaser’s privacy. The Privacy Policy may be changed by Seller in the future. Purchaser should check the Privacy Policy frequently for changes. Notwithstanding any provision of the Privacy Policy, however, please note that (a) Seller may share any information concerning potentially fraudulent activities on the Website, and any other information it may obtain or possess regarding any user of the Website with its affiliates; (b) Seller reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties and (c) in order to cooperate with governmental requests, to protect Seller systems and customers or to ensure the integrity and operation of Seller’s business and systems, Seller may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content. In addition, each Purchaser acknowledges and agrees that Shipper will be provided with Purchaser’s name, city, state and telephone number, (and, if different, the telephone number for the shipping recipient) in order to arrange shipment.
15. 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.
16. 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.
17. 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.
18. 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).