Service Terms and Conditons
Acknowledgment and Acceptance of Terms
This online site as referred to as “Artified shop” is a proprietorship located in
Alberta, Canada. In case of any dispute, Alberta law and jurisdiction will apply,
executed in Edmonton.
Throughout the site, the terms “we”, “us” and “our” refer to the Artified shop. The
Artified shop offers this website, including all information, tools and services
available from this site to you, the user, conditioned upon your acceptance of all
terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions (“Terms
of Service”, “Terms”), including those additional terms and conditions and
policies referenced herein and/or available by hyperlink. These Terms of Service
apply to all users of the site, including without limitation users who are browsers,
vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our
website. By accessing or using any part of the site, you agree to be bound by
these Terms of Service. If you do not agree to all the terms and conditions of this
agreement, then you may not access the website or use any services. If these
Terms of Service are considered an offer, acceptance is expressly limited to these
Terms of Service.
Any new features, tools or goods which are added to the current store shall also
be subject to the Terms of Service. You can review the most current version of the
Terms of Service at any time on this page. We reserve the right to update, change
or replace any part of these Terms of Service by posting updates and/or
changes to our website. It is your responsibility to check this page periodically for
changes. Your continued use of or access to the website following the posting of
any changes constitutes acceptance of those changes.
1. The Artified shop provides this website and various related services
(collectively, the “site”) to you, the user, subject to your compliance with all
the terms, conditions, and notices contained or referenced herein (the
“Terms of Use”), as well as any other written agreement between us and
you. In addition, when using particular services or tools on this site, users
shall be subject to any posted rules applicable to such services or materials
that may contain terms and conditions in addition to those in these Terms
of Use. All such guidelines or rules are hereby incorporated by reference into
these Terms of Use.
2. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU
DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE
NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS,
SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS
SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR
SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE
TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF
YOUR USE OF THIS SITE.
3. These Terms of Use are effective as of February 2024 and replace previous
versions. We expressly reserve the right to change these Terms of Use from
time to time without notice to you. You acknowledge and agree that it is
your responsibility to review this site and these Terms of Use from time to
time and to familiarize yourself with any modifications. Your continued use
of this site after such modifications will constitute acknowledgement of the
modified Terms of Use and agreement to abide and be bound by the
modified Terms of Use.
4. As used in these Terms of Use, references to our “Affiliates” include our
owners, subsidiaries, affiliated companies, officers, directors, suppliers,
partners, sponsors, and advertisers, and includes (without limitation) all
parties involved in creating, producing, and/or delivering this site and/or its
contents.
5. By agreeing to these Terms of Service, you represent that you are at least
the age of majority in your state or province of residence, or that you are
the age of majority in your state or province of residence and you have
given us your consent to allow any of your minor dependents to use this
site.
6. You may not use our products for any illegal or unauthorized purpose nor
may you, in the use of the Service, violate any laws in your jurisdiction
(including but not limited to copyright laws).
7. You must not transmit any worms or viruses or any code of a destructive
nature. A breach or violation of any of the Terms will result in an immediate
termination of your Services.
Description of Services
9. We make various services and products available on this site including, but
not limited to, custom printed clothing, accessories, wall art and printed
home decor products.
10. We reserve the sole right to either modify or discontinue the site, including
any of the site’s features, at any time with or without notice to you. We will
not be liable to you or any third party should we exercise such right. Any
new features that augment or enhance the then-current services on this
site shall also be subject to these Terms of Use.
11. We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information),
may be transferred unencrypted and involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. Credit card information is
always encrypted during transfer over networks. We do not store credit
card information on our servers but rather with a trusted 3rd party
provider.
12. 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.
13. We are not responsible if information made available on this site is not
accurate, complete or current. 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.
14. 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.
15. Prices for our products are subject to change without notice.
16. We reserve the right at any time to modify or discontinue the Service (or
any part or content thereof) without notice at any time. We shall not be
liable to you or to any third-party for any modification, price change,
suspension or discontinuance of the Services.
17. Certain products or services may be available exclusively online through
the website. These products or services may have limited quantities and
are subject to return or exchange only according to our Return Policy.
18. We have made every effort to display as accurately as possible the colors
and images of our products that appear at the store. We cannot
guarantee that your computer monitor's display of any color will be
accurate.
We reserve the right, but are not obligated, to limit the sales of our products or
Services to any person, geographic region or jurisdiction. We may exercise this
right on a case-by-case basis.
19. We make various services available on this site including, but not limited
to, custom printed clothing, accessories, wall art and printed home decor
products.
20. We reserve the sole right to either modify or discontinue the site, including
any of the site’s features, at any time with or without notice to you. We will
not be liable to you or any third party should we exercise such right. Any
new features that augment or enhance the then-current services on this
site shall also be subject to these Terms of Use.
21. We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information),
may be transferred unencrypted and involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. Credit card information is
always encrypted during transfer over networks. We do not store credit
card information on our servers but rather with a trusted 3rd party
provider.
22. 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.
23. We are not responsible if information made available on this site is not
accurate, complete or current. 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.
24. 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.
25. Prices for our products are subject to change without notice.
26. We reserve the right at any time to modify or discontinue the Service (or
any part or content thereof) without notice at any time. We shall not be
liable to you or to any third-party for any modification, price change,
suspension or discontinuance of the Services.
27. Certain products or services may be available exclusively online through
the website. These products or services may have limited quantities and
are subject to return or exchange only according to our Return Policy.
28. We have made every effort to display as accurately as possible the colors
and images of our products that appear at the store. We cannot
guarantee that your computer monitor's display of any color will be
accurate.
29. We reserve the right, but are not obligated, to limit the sales of our
products or Services to any person, geographic region or jurisdiction. We
may exercise this right on a case-by-case basis. We reserve the right to
limit the quantities of any products or services that we offer. All
descriptions of products or product pricing are subject to change at any
time without notice, at the sole discretion of us. We reserve the right to
discontinue any product at any time. Any offer for any product or service
made on this site is void where prohibited.
30. 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.
21. The Services are intended for personal use only.
22. Certain products or services may be available exclusively online through
the website. These products or services may have limited quantities and
are subject to return or exchange only according to our Return Policy.
23. We have made every effort to display as accurately as possible the colors
and images of our products that appear at the store. We cannot
guarantee that your computer monitor's display of any color will be
accurate
24. We reserve the right, but are not obligated, to limit the sales of our
products or Services to any person, geographic region or jurisdiction. We
may exercise this right on a case-by-case basis. We reserve the right to
limit the quantities of any products or services that we offer. All
descriptions of products or product pricing are subject to change at any
time without notice, at the sole discretion of us. We reserve the right to
discontinue any product at any time. Any offer for any product or service
made on this site is void where prohibited.
25. 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.
26. We may contact you or any third parties to verify the information you
provide to us, the rights you have secured with respect to the Products,
obtain additional commentary, and to film, record and make a record of
any statements made by you or others in the course of our conversations
or correspondence with you. We may also send you information and
notices regarding your Products by email, telephone or other means based
on the information you provide to us.
27. Specifically incorporated by reference into these Terms of Use. We only
transfer to third parties the Registration data required to fulfil our services.
28. 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 for reasons including but not limited to inappropriate artwork,
copyright infringement, violent imagery, or artwork of a discriminatory
nature.
29. 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.
Conduct on Site
Your use of the site is subject to all applicable laws and regulations, and you are
solely responsible for the substance of your communications through the site. By
posting information in or otherwise using any communications service, chat
room, message board, newsgroup, software library, or other interactive service
that may be available to you on or through this site, you agree that you will not
upload, share, post, or otherwise distribute or facilitate distribution of any content
-- including text, communications, software.
Security and Privacy policy
The Artified online shop is hosted on a Shopify platform. This platform operates
the checkout system with money transfers and data collection. There are also
various apps used on this site, that are recommended by Shopify. The Artified
shop does not take any responsibility for data breaches or errors that occur on
any networks that are used by the Artified shop. With the use of this site,
customers do agree to have their information collected and stored. The Artified
shop trusts the networks to have the best customer online protection in place.
Copyrights
All content on this site, including but not limited to text, graphics, logos, images,
artwork and software, is the property or licensed to this site. To copy and store
any intellectual property, including images, artwork, software, logos, text or
graphics is illegal and considered as theft and will be prosecuted.
By purchasing any product from this site, the customer purchased the product
for personal use only. Any duplication is illegal. Commercial licensing
agreements or any other license that waives any copyrights can be obtained
ONLY in written form.
Fiscal Ownership
Once a product leaves the location of one of our suppliers and/or the Artified
shop location in Alberta, the products are in the ownership of the customer. That
means, that the Artified shop is no longer responsible for the product. In case of
damage or loss of the product during transit, the customer is responsible to
contact and handle any disputes, that may occur with the courier company.
Artified and dop ship suppliers use Canada Post, US Post, Fedex or UPS,
depending on location and dimensions and availabilities of the service for the
specific shipment. Customers cannot choose the courier.
Transit times
Depending on the product, transit times from the date of the order to the date of
delivery, can vary between 5 and 45 days. If a product was shipped and has not
arrived within 14 days, we ask to contact the carrier on the status. Any shipping
notifications do include a tracking code. If a product was not shipped within 30
days, we ask the customer to contact the Artified shop.
Order cancellation
The Artified shop reserves the right to cancel orders at any time. The customer
will receive a full refund in this case. Once an order is placed and paid for by the
customer, the order cannot be cancelled, since our suppliers automatically fulfill
the orders. Most of the products are custom made on demand and therefore
nonrefundable. We recommend to read the size instructions or product
descriptions well before placing any orders. In case of questions, please contact
the Artified shop and ask for clarification.
Shipping into the US
In case of border crossings, it is normal procedure to have custom duties and
fees charged extra by the carrier and these expenses are NOT included in the
regular shipping costs. These extra fees will be charged by the carrier separately
and the customer will have to pay these fees in order to receive the shipment.
Returned shipments
If a package/shipment was refused to be received or unable to be delivered for
what ever reason and the package is returned to the Artified shop, products will
be stored for 10 days waiting for customer instructions. In that time, the customer
can re-order the shipment for additional shipping and handling charges. If a
package is returned to one of our drop shipping partners, the goods will be
handled according to their terms and conditions. In most cases the products will
be disposed or donated immediately.
Quality
Since our clothing and fabric products are made by one of our Canadian
manufactures and often sewed by hand, variations can occur. The company
thrives to minimize these variations. Variations of the appearance of printed
products can also occur and are not included in any warranty. All our suppliers
thrive to provide the best print and material qualities.
Warranty
There is no warranty on print quality and image translation to the printing
machines. The machines are of highest quality and sensitivity but sometimes do
produce color variations and some shadowing effects. Artified provides high
quality images according to the requirements. In case of machine malfunction,
any application for warranty, has to be submitted with photos, or a little video
and description in writing to the Artified shop and will be decided on a case-to-
case basis.
Customer service
The Artified Shop thrives to provide best customer service and can be contacted
via our contact form.
We reserve the sole right to either modify or discontinue the site, including any of
the site’s features, at any time with or without notice to you. We will not be liable
to you or any third party should we exercise such right. Any new features that
augment or enhance the then-current services on this site shall also be subject
to these Terms of Use.
We are not responsible if information made available on this site is not accurate,
complete or current. 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.
Prices for our products are subject to change without notice.
31. We reserve the right at any time to modify or discontinue the Service (or
any part or content thereof) without notice at any time. We shall not be
liable to you or to any third-party for any modification, price change,
suspension or discontinuance of the Services.
32. Certain products or services may be available exclusively online through
the website. These products or services may have limited quantities and
are subject to return or exchange only according to our Return Policy.
33. We have made every effort to display as accurately as possible the colors
and images of our products that appear at the store. We cannot
guarantee that your computer monitor's display of any color will be
accurate.
34. We reserve the right, but are not obligated, to limit the sales of our
products or Services to any person, geographic region or jurisdiction. We
may exercise this right on a case-by-case basis. We reserve the right to
limit the quantities of any products or services that we offer. All
descriptions of products or product pricing are subject to change at any
time without notice, at the sole discretion of us. We reserve the right to
discontinue any product at any time. Any offer for any product or service
made on this site is void where prohibited.
35. 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.
27. The Services are intended for personal use only.
28. Certain products or services may be available exclusively online through
the website. These products or services may have limited quantities and
are subject to return or exchange only according to our Return Policy.
29. We have made every effort to display as accurately as possible the colors
and images of our products that appear at the store. We cannot
guarantee that your computer monitor's display of any color will be
accurate
30. We reserve the right, but are not obligated, to limit the sales of our
products or Services to any person, geographic region or jurisdiction. We
may exercise this right on a case-by-case basis. We reserve the right to
limit the quantities of any products or services that we offer. All
descriptions of products or product pricing are subject to change at any
time without notice, at the sole discretion of us. We reserve the right to
discontinue any product at any time. Any offer for any product or service
made on this site is void where prohibited.
31. 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.
32. We may contact you or any third parties to verify the information you
provide to us, the rights you have secured with respect to the Products,
obtain additional commentary, and to film, record and make a record of
any statements made by you or others in the course of our conversations
or correspondence with you. We may also send you information and
notices regarding your Products by email, telephone or other means based
on the information you provide to us.
30. 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.
Third Party Sites and Information
35. This site may link you to other sites on the Internet or otherwise include
references to information, documents, software, materials and/or services
provided by other parties. These sites may contain information or material
that some people may find inappropriate or offensive. These other sites
and parties are not under our control, and you acknowledge that we are
not responsible for the accuracy, copyright compliance, legality, decency,
or any other aspect of the content of such sites, nor are we responsible for
errors or omissions in any references to other parties or their products and
services. The inclusion of such a link or reference is provided merely as a
convenience and does not imply endorsement of, or association with, the
site or party by us, or any warranty of any kind, either express or implied.
36. We may provide you with access to third-party tools over which we neither
monitor nor have any control nor input. You acknowledge and agree that
we provide access to such tools ”as is” and “as available” without any
warranties, representations or conditions of any kind and without any
endorsement. We shall have no liability whatsoever arising from or relating
to your use of optional third-party tools.
37. Any use by you of optional tools offered through the site is entirely at your
own risk and discretion and you should ensure that you are familiar with
and approve of the terms on which tools are provided by the relevant
third-party provider(s).
38. We may also, in the future, offer new services and/or features through the
website (including, the release of new tools and resources). Such new
features and/or services shall also be subject to these Terms of Service.
39. Certain content, products and services available via our Service include
materials from third-parties, mainly artwork use to create product designs
and content but also information and links. Third-party links on this site
may direct you to third-party websites that are not affiliated with us. We
are not responsible for examining or evaluating the content or accuracy
and we do not warrant and will not have any liability or responsibility for
any third-party materials or websites, or for any other materials, products,
or services of third-parties.
40. We are not liable for any harm or damages related to the purchase or use
of goods, services, resources, content, or any other transactions made in
connection with any third-party websites. Please review carefully Artified's policies and practices and make sure you understand them before
you engage in any transaction. Complaints, claims, concerns, or questions
regarding third-party products should be directed to the third-party.
Intellectual Property Information
41. For purposes of these Terms of Use, “content”; is defined as any
information, data, communications, software, photos, video, graphics,
music, sounds, and other material and services that can be viewed by
users on our site. This includes message boards, chat, and other original
content.
42. By accepting these Terms of Use, you acknowledge and agree that all
content presented to you on this site is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws,
and is the sole property of Artified and/or its Affiliates. You are only
permitted to use the content as expressly authorized by us or the specific
content provider. Except for a single copy made for personal use only, you
may not copy, reproduce, modify, republish, upload, post, transmit, or
distribute any documents or information from this site in any form or by
any means without prior written permission from us or the specific content
provider, and you are solely responsible for obtaining permission before
reusing any copyrighted material that is available on this site. Any
unauthorized use of the materials appearing on this site may violate
copyright, trademark and other applicable laws and could result in
criminal or civil penalties
43. Neither we or our Affiliates warrant or represent that your use of materials
displayed on, or obtained through, this site will not infringe the rights of
third parties. See “User’s Materials” below for a description of the
procedures to be followed in the event that any party believes that content
posted on this site infringes on any patent, trademark, trade secret,
copyright, right of publicity, or other proprietary right of any party.
44. All custom graphics, icons, logos and service names are registered
trademarks, trademarks or service marks of Artified or its Affiliates. All other
trademarks or service marks are property of their respective owners.
Nothing in these Terms of Use grants you any right to use any trademark,
service mark, logo, and/or the name of Artified or its Affiliates.
45. If you send certain specific written submissions (for example written
feedback on a blog post) or you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by email, by postal
mail, or otherwise (collectively, 'comments'), you agree that we may, at any
time, without restriction, edit, copy, publish, distribute, translate and
otherwise use in any medium any comments that you forward to us. We
are and shall be under no obligation (1) to maintain any comments in
confidence; (2) to pay compensation for any comments; or (3) to respond
to any comments.
46. You agree that your comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that your comments will not contain
libelous or otherwise unlawful, abusive or obscene material, or contain any
computer virus or other malware that could in any way affect the
operation of the Service or any related website. You may not use a false e-
mail address, pretend to be someone other than yourself, or otherwise
mislead us or third-parties as to the origin of any comments. You are solely
responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or
any third-party.
47. In regards to submitted artwork on products designed in our online Design
Lab tool, we may, but have no obligation to, monitor, edit or remove
content that we determine in our sole discretion are unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party’s intellectual property or these Terms of
Service.
48. Your submission of personal information through the store is governed by
our Privacy Policy.
49. We respect the intellectual property of others, and we ask you to do the
same. If you or any user of this site believes its copyright, trademark or
other property rights have been infringed by a posting on this site, you or
the user should send notification to our Privacy Officer (as identified below)
immediately.
Errors or Omissions
51. Occasionally there may be information on our site or in the Service that
contains typographical errors, inaccuracies or omissions that may relate
to product descriptions, pricing, promotions, offers, product shipping
charges, production timelines, transit times and availability. We reserve the
right to correct any errors, inaccuracies or omissions, and to change or
update information or cancel orders if any information in the Service or on
any related website is inaccurate at any time without prior notice
(including after you have submitted your order).
52. We undertake no obligation to update, amend or clarify information in the
Service or on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh date
applied in the Service or on any related website, should be taken to
indicate that all information in the Service or on any related website has
been modified or updated.
Disclaimer of Warranties
53. ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “;AS IS” AND
“AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE
WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE
MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR
REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE
OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR
INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR
OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES,
ERRORS OR DEFECTS.
54. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR
TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND
SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY
PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR
SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT
TO UPDATE SUCH MATERIALS OR SERVICES.
55. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF
ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND
RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM SUCH ACTIVITIES.
56. Through your use of the site, you may have the opportunities to engage in
commercial transactions with other users and vendors. You acknowledge
that all transactions relating to any merchandise or services offered by
any party, including, but not limited to the purchase terms, payment terms,
warranties, guarantees, maintenance and delivery terms relating to such
transactions, are agreed to solely between the seller or purchaser of such
merchandize and services and you. WE MAKE NO WARRANTY REGARDING
ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE,
AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE
CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED
IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION
AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED
SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR
AFFILIATES
57. Content available through this site often represents the opinions and
judgments of an information provider, site user, or other person or entity
not connected with us. We do not endorse, nor are we responsible for the
accuracy or reliability of, any opinion, advice, or statement made by
anyone other than an authorized Artified spokesperson speaking in his/her
official capacity. Please refer to the specific editorial policies posted on
various sections of this site for further information, which policies are
incorporated by reference into these Terms of Use.
58. You understand and agree that temporary interruptions of the services
available through this site may occur as normal events. You further
understand and agree that we have no control over third party networks
you may access in the course of the use of this site, and therefore, delays
and disruption of other network transmissions are completely beyond our
control.
59. You understand and agree that the services available on this site are
provided “AS IS”; and that we assume no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or
personalization settings.
60. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
61. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN
CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR
LINKED TO FROM THIS SITE.
62. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND
SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING
COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT
LIMITATION THE PROCESSING OF ORDERS.
63. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
Indemnification
64. Upon a request by us, you agree to defend, indemnify, and hold us and our
Affiliates harmless from all liabilities, claims, and expenses, including
attorney’s fees, that arise from your use or misuse of this site. We reserve
the right, at our own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, in which event
you will cooperate with us in asserting any available defenses.
International Use
70. Although this site may be accessible worldwide, we make no
representation that materials on this site are appropriate or available for
use in locations outside of Canada, and accessing them from territories
where their contents are illegal is prohibited. Those who choose to access
this site from other locations do so on their own initiative and are
responsible for compliance with local laws. Any offer for any product,
service, and/or information made in connection with this site is void where
prohibited.
Termination of Use
71. You agree that we may, in our sole discretion, terminate or suspend your
access to all or part of the site with or without notice and for any reason,
including, without limitation, breach of these Terms of Use. Any suspected
fraudulent, abusive or illegal activity may be grounds for terminating your
relationship and may be referred to appropriate law enforcement
authorities.
72. Upon termination or suspension, regardless of the reasons therefore, your
right to use the services available on this site immediately ceases, and you
acknowledge and agree that we may immediately deactivate or delete
your account and all related information and files in your account and/or
bar any further access to such files or this site. We shall not be liable to you
or any third party for any claims or damages arising out of any termination
or suspension or any other actions taken by us in connection with such
termination or suspension.
Governing Law
73. This site (excluding any linked sites) is controlled by us from our offices
within the Sangudo, Alberta, Canada, PoBox 133. It can be accessed from
Canada, the USA, as well as from other countries around the world. As each
of these places has laws that may differ from those of Alberta, Canada, by
accessing this site both of us agree that the statutes and laws of Alberta,
Canada without regard to the conflicts of laws principles thereof and the
United Nations Convention on the International Sales of Goods, will apply to
all matters relating to the use of this site and the purchase of products and
services available through this site. Each of us agrees and hereby submits
to the exclusive personal jurisdiction and venue any court of competent
jurisdiction Edmonton, Alberta, Canada with respect to such matters.
Notices
74. All notices to a party shall be in writing and shall be made either via
email or conventional mail. Notices shall be made in written letter to Diana
Krah Artified Shop, P.O. Box 133, Sangudo, Alberta, Canada by conventional
mail.
Entire Agreement
75. These terms and conditions constitute the entire agreement and
understanding between us concerning the subject matter of this
agreement and supersedes all prior agreements and understandings of
the parties with respect to that subject matter. These Terms of Use may not
be altered, supplemented, or amended by the use of any other
document(s). Any attempt to alter, supplement or amend this document
or to enter an order for products or services which are subject to additional
or altered terms and conditions shall be null and void, unless otherwise
agreed to in a written agreement signed by you and us. To the extent that
anything in or associated with this site is in conflict or inconsistent with
these Terms of Use, these Terms of Use shall take precedence.
Miscellaneous
76. In any action to enforce these Terms of Use, the prevailing party will be
entitled to costs and attorney’s’ fees. Any cause of action brought by you
against us or our Affiliates must be instituted with one year after the cause
of action arises or be deemed forever waived and barred.
77. You may not assign your rights and obligations under these Terms of Use
to any party, and any purported attempt to do so will be null and void. We
may free assign our rights and obligations under these Terms of Use.
78. You agree not to sell, resell, reproduce, duplicate, copy or use for any
commercial purposes any portion of this site, or use of or access to this
site.
79. In addition to any excuse provided by applicable law, we shall be excused
from liability for non-delivery or delay in delivery of products and services
available through our site arising from any event beyond our reasonable
control, whether or not foreseeable by either party, including but not
limited to, labor disturbance, war, fire, accident, adverse weather, inability
to secure transportation, governmental act or regulation, and other causes
or events beyond our reasonable control, whether or not similar to those
which are enumerated above.
80. If any part of these Terms of Use is held invalid or unenforceable, that
portion shall be construed in a manner consistent with applicable law to
reflect, as nearly as possible, the original intentions of the parties, and the
remaining portions shall remain in full force and effect.
81. Any failure by us to enforce or exercise any provision of these Terms of Use
or related rights shall not constitute a waiver of that right or provision.
Terms and Conditions of Sale
83. Sale and Purchase of Goods
84. Art of Where (“Seller”) hereby agrees to sell, and You “Buyer” hereby agree
to purchase, goods of the description and quantity described on the
checkout window “Checkout”) and incorporated herein by this reference
“Goods”) on the terms and conditions set forth in this Agreement.
Purchase Price
85. Buyer agrees to pay the Purchase Price of the Goods as posted on this
website attached hereto.
Payment Terms
86. The total amount of the Purchase Price shall be payable in full by Buyer
according to the payment due date stated at Checkout. All items must be
paid upon ordering. We do not offer credit on account
Delivery
87. Unless otherwise agreed in writing, delivery shall be made in accordance
with Seller's shipping policy in effect on the date of shipment. Delivery
dates provided by Seller are estimates only. Seller will make reasonable
efforts to deliver in accordance with such dates; however, Seller will not be
liable for failure to deliver as estimated. Unless otherwise agreed in writing
by Seller, Goods shall be packaged according to Seller's standards and
practices.
Disclaimer of Warranty/Limitation of Liability
88. Seller undertakes no responsibility for the quality of the Goods or that the
Goods will be fit for any particular purpose for which Buyer may be buying
the Goods, except as otherwise provided in this Agreement, and Seller
disclaims all other warranties and conditions, express or implied.
89. SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO
HEREIN COLLECTIVELY AS THE “SELLER AFFILIATES” SHALL NOT BE LIABLE UNDER
ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT
LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY
ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR
REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER'S TIME,
LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER
TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION
OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF
CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY
STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE
OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR
OTHERWISE.
90. IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY
OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING
OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS
OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND
PAID FOR BY BUYER HEREUNDER.
91. SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO
THE GOODS AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY
DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST
ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE
INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS
BY ANY OF THE GOODS.
92. Seller shall not be held responsible for any failure of performance to make
timely delivery of all or any part of the Goods in the event such failure was
due, in whole or in part, to federal, provincial or municipal action, statute,
ordinance or regulation, strike or other labor trouble, fire or other damage
to or destruction of, in whole or in part, the Goods or the manufacturing
facility for the Goods, the lack of or inability to obtain raw materials, labor,
fuel, electrical power, water or supplies, or any other cause, act of God,
contingency or circumstances not subject to the reasonable control of
Seller, which causes delays or hinders the manufacture or delivery of
Goods. Seller shall determine in good faith the extent to which it can
reasonably control a cause, contingency, or circumstance that affects the
performance of its obligations.
General
93. Buyer may not assign this Agreement without Seller's written consent. Seller
is the sole intended beneficiary of this Agreement. If there is any
inconsistency between this Agreement and any other agreement included
with or relating to the Goods, this Agreement shall govern. This Agreement
may not be modified, altered or amended without the written agreement
of Seller. Any additional or altered terms attached to any order submitted
by Buyer shall be null and void, unless expressly agreed to in writing by
Seller. If any term of this Agreement is illegal or unenforceable, the legality
and enforceability of the remaining provisions shall not be affected or
impaired. This Agreement shall be interpreted under the laws of Canada,
without giving effect to conflicts-of-law rules; and in the event of a dispute
under this Agreement; Buyer submits to the exclusive jurisdiction and
venue of the courts of Canada and hereby waives any objection to such
jurisdiction and venue.
Refunds
94. All custom printed products are non-refundable including artist store
items, drop shipped products and custom designed items.
Language
95. The parties hereto confirm that they have agreed that this Agreement and
all documents relating hereto be drafted in English only.