Terms and Conditions

Last updated: May 25, 2023

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://gwendayart.ca website (the “Site”) operated by Gwen Day (“us”, “we”, or “our”).

Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site.

By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the terms, please do not use the Site.

Purchases

If you wish to purchase any product or service made available through the Site (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that:

  • you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that
  • the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases, such as our credit card processing provider.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.

Shipping

We ship to Canada or the US. For shipping to other countries, please contact us. We endeavor to ship within one week of the purchase and will notify you as per shipping tracking information. The artwork will be marked FRAGILE.

Returns and Refunds

OVERVIEW

Under normal circumstances, we do not offer refunds on original artwork.

We only accept returns on items if they are defective or damaged during shipping. Photos will be needed to verify this. If claiming damage during shipping, photos of the damaged shipping materials will also be required.

All returns / refunds to be negotiated on a per-case basis.

If you are returning more expensive items, you may consider using a trackable shipping service or purchasing shipping insurance. We can’t guarantee that we will receive your returned item.

REFUNDS

To be eligible for a return:

  • Item(s) must be in the same condition that you received it
  • Returns must be initiated via phone or email before returning any artwork
  • Return shipping is the responsibility/liability of the customer
    • Ship to Box 974 Carstairs AB T0M 0N0 Canada
    • Recommend tracked parcel
  • The customer will be responsible for paying return
  • Item(s) must be in the original packaging
  • Proof of purchase must be provided
  • Return must be initiated within 14 days of receipt

Commissioned pieces are NOT eligible for return/refund.

NEED HELP?

Contact us at hello@gwendayart.ca  for questions related to refunds and returns.

Availability, Errors and Inaccuracies

In order to provide exceptional service, and accuracy, we regularly update the products and services on the Site.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Despite our best efforts, the products or services available on our Site may have an error regarding the price, be inaccurately described, or be unavailable.

We may experience delays in updating information on the Site and in our advertising on other websites.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Site.

You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password, whether your password is with our Site or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Site and all contents, including but not limited to text, images, graphics or code are the property of  Gwen Day and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Site only for your own non-commercial use, or to place an order with us. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Gwen Day or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Site.

Links to Other Web Sites

Our Site may contain links to third-party web sites or services that are not owned or controlled by Gwen Day .

Gwen Day has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Gwen Day shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Privacy

We take your privacy very seriously. Our Privacy Policy at https://gwendayart.ca/privacy-policy/ is incorporated into these Terms by reference. Please read the Privacy Policy carefully as it governs the way we collect, use, and disclose your personal information.

Termination

We may terminate or suspend access to our Site immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination, your right to use the Site will immediately cease. If you wish to terminate your account, you may simply discontinue using the Site.

Indemnification

You agree to indemnify, defend and hold harmless Gwen Day  its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.

These include but are not limited to: (a) legal and accounting fees resulting from your use of the Site; (b) your breach of any of these Terms; (c) anything you post on or upload to the Site; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Site using your account whether such access is obtained via fraudulent or illegal means.

Limitation of Liability

Gwen Day, its employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Site; (ii) your inability to access or use the Site; (iii) any conduct or content of any third-party on or related to the Site; (iiv) any content obtained from or through the Site; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

The information on this website is obtained from current and reliable sources but makes no representation as to its comprehensiveness or accuracy. Nothing contained herein should be considered as a recommendation as to the fitness/suitability for any use. The certifications, statements, and descriptions shown on this website are strictly for information purposes only. We shall not be responsible for any damages resulting from use of or reliance upon this information. The user of the product is solely responsible for compliance with all laws and regulations applying to the use of the product, including the intellectual property rights of third parties.

Customers may purchase products or services from Gwen Day only with the clear understanding that all products must be used at their own discretion and only after referring to all relevant technical information specific to the product. We shall not be held responsible for any damages to property or for any adverse physical effects (including injury or bodily harm).

Further, we are not responsible for statements made in customer reviews or comments, nor when products are used in ways not suitable to their purpose.

Disclaimer and Non-Waiver of Rights

We make no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Site is at your sole risk. The Site is provided on an “AS IS” and “AS AVAILABLE” basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.

While we do our best to ensure that the Site is running optimally, we do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.

If you breach any of these Terms and Gwen Day chooses not to immediately act, or chooses not to act at all, we will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Gwen Day does not waive any of its rights. Gwen Day shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

Exclusions

As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.

Governing Law

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Alberta and the laws of Canada, as applicable.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site, and supersede and replace any prior agreements, oral or otherwise, regarding the Site.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

Contact Us

If you have any questions about these Terms, please contact us