Terms of Service
These terms and conditions (the "Terms and Conditions") govern the use of www.elizabethannfrancis.ca (the "Site"). This Site is owned and operated by Elizabeth Ann Francis. This Site is a portfolio and ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
INTELLECTUAL PROPERTY
All content published and made available on our Site is the sole property of Elizabeth Ann Francis and may not be used by any third party without written permission. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Copying or reproducing artwork created by Elizabeth Ann Francis (as seen on ElizabethAnnFrancis.ca, or elsewhere) is strictly prohibited without written permission from the artist.
Elizabeth Ann Francis retains all rights to all artwork until it has been purchased by a private or public collector at which time the collector receives the right to display the artwork in their home or business.
Elizabeth Ann Francis retains all rights to the image of all artwork including the rights to the image of sold & commissioned original paintings.
Elizabeth Ann Francis retains the right to make REPRODUCTIONS OF ANY AND ALL ARTWORK CREATED BY Elizabeth Ann Francis UNLESS THE COLLECTOR HAS PURCHASED THE FULL OR PARTIAL RIGHTS TO THE ARTWORK in addition to purchasing the original painting.
If you own an original painting and would like to discuss purchasing further rights, displaying the work in a public space, or nullify my right to reproduce, please contact info@elizabethannfrancis.ca.
COLLECTORS OF REPRODUCTIONS HAVE THE RIGHT TO DISPLAY THE ARTWORK IN THEIR HOME OR BUSINESS BUT RETAIN NO OTHER RIGHTS TO THE ARTWORK.
Any image of the interior which includes the artwork in a 3rd party publication (such as social media, magazine, or book) must come with attribution (artwork title, artists name).
All other uses must be agreed to in advance in writing.
ACCEPTABLE USE
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
Violate the intellectual property rights of the Site owners or any third party to the Site.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
USER CONTRIBUTIONS
Users may post the following information on our Site:
Public reviews
By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.
SALE OF GOODS
These Terms and Conditions govern the sale of goods available on our Site.
The following goods are available on our Site:
Fine art prints
Original drawings and paintings
These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
USER GOODS AND SERVICES
Our Site allows users to sell goods and services. We do not assume any responsibility for the goods and services users sell on our Site. We cannot guarantee the quality or accuracy of any goods and services sold by users on our Site. However, if we are made aware that a user is violating these Terms and Conditions, we reserve the right to suspend or prohibit the user from selling goods and services on our Site.
PAYMENTS
We accept the following payment methods on our Site:
Credit Card;
PayPal; and
Debit.
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
SHIPPING AND DELIVERY
When you purchase goods from our Site, the goods will be delivered through one of the following methods:
Standard mail (No Tracking); or
Tracked Mail.
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and statutory holidays.
You will be required to pay delivery charges in addition to the price for the goods you purchase.
If you purchase goods from us for delivery to a destination outside Canada your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
REFUNDS
Refund requests must be made within 30 days after receipt of your goods.
Refunds do not apply to the following goods:
Commissioned artwork
RETURNS
Returns can be made by mail. To return a good by mail, follow the following procedure:
Pack your goods and attach the return address which is available upon request. Go to your nearest post office and pay the necessary postage.
CONSUMER PROTECTION LAW
Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
LINKS TO OTHER WEBSITES
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
LIMITATION OF LIABILITY
Elizabeth Ann Francis and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
INDEMNITY
Except where prohibited by law, by using this Site you indemnify and hold harmless Elizabeth Ann Francis and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
APPLICABLE LAW
These Terms and Conditions are governed by the laws of the Province of Ontario.
SEVERABILITY
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
CHANGES
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
CONTACT DETAILS
Please contact us if you have any questions or concerns. Our contact details are as follows:
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info@elizabethannfrancis.ca
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You can also contact us through the feedback form available on our Site.