Terms of Service
- Use of this website
This website is owned by GALERIE ARTOGONE Inc. (hereinafter ” ARTOGONE “), and is operated for your personal non-commercial use and information. Your use of this website is subject to the following terms and all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, these terms. You are responsible to ensure that your access to this website and material available on or through it are legal in each jurisdiction in or through which you access or view the site or such material.
- Other policies and agreements
When you purchase products from ARTOGONE using the www.artogone.com website, your purchase is subject to separate Terms and Conditions of Sale applicable to the website. Certain additional terms and conditions may apply to purchases of products and other uses of portions of the www.artogone.com website.
- Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. This website is directed for use by adults. Those under the age of 18 should not use this website. In addition, if you are aged 18 or older but under the age of majority in the jurisdiction in which you reside, your parent of guardian should use this website on your behalf and you should not use the website on your own or provide any personal information to ARTOGONE. ARTOGONE does not knowingly collect information from children under the age of 18. ARTOGONE and its affiliates reserve the right to refuse service, terminate accounts or cancel orders in their sole discretion.
- Product information
The products available for sale and/or distribution by ARTOGONE are available only in Canada, and in the contiguous united states ( i.e. The U.S.A. less alaska and hawaii) and this website is directed only at customers and prospective customers in those states. ARTOGONE and its affiliates attempt to be as accurate as possible in describing all products available for sale and/or distribution by ARTOGONE. However, ARTOGONE does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current or error-free.
Price and availability information provided on this website is subject to change without notice. All prices quoted are in U.S. Dollars.
This website and its contents are not to be construed as an offer to sell any product or service.
- Exclusion of warranties
ARTOGONE makes no representation or warranty regarding the functionality, the good working order or condition of this website, its suitability for use, or that its use will be uninterrupted or error-free. ARTOGONE does not represent, warrant or undertake that any errors on or relating to this website will be corrected, or that any server from which the website is operated is or will be free from viruses or other harmful components. All material or information on this website is provided to you “As is”, “With all faults” and without warranties of any kind, whether express or implied. ARTOGONE and its licensors disclaim all warranties or conditions, written or oral, statutory, express or implied, including without limitation, warranties or conditions of merchantability, quality, durability, suitability or fitness for a particular purpose. These exclusions are in addition to any specific exclusion otherwise provided in these terms and conditions. Because certain federal, state or provincial laws do not permit the exclusion of certain warranties, these exclusions may not apply to you.
- Limitation of liability
The user acknowledges that the services are provided as-is and ARTOGONE rejects any explicit or implicit guarantee on the services and content on the website.
Although ARTOGONE takes the necessary measures to ensure the accuracy and reliability of the content on its website, it does so “as-is” and “as available”, not providing any guarantee or stipulation of any nature whatsoever. ARTOGONE expressly rejects any statement or guarantee that the website is free of errors, viruses or other harmful elements.
ARTOGONE may not be held liable for any damages or harm stemming from usage of the services, including but not limited to any damages or harm caused by usage, including and not limited to inability to use services or the website, an inaccuracy, error, omission, performance delay or computer virus.
ARTOGONE expressly rejects any liability regarding the material on its website. In particular, this material includes:
- Information of a general nature, which is not intended to consider the specific circumstances of one person;
- Incomplete, non-exhaustive, inaccurate information or information that is not up to date;
- Any information from external sites ARTOGONE does not control;
Without limiting the above, ARTOGONE or its affiliates are entirely free of any liability regarding the following:
- Errors or website (or server) downtimes or those that result in an interruption, stoppage or an operational malfunction of third-party Internet services or telecommunication services;
- For any content displayed by a user or third party, including but not limited to errors or omissions in the content or for any damage or loss of any kind due to the usage of such content that has been displayed, listed, emailed, transmitted or made available on the website.
Without limiting the above, ARTOGONE may not be held liable for any delay in the performance of its obligations or the non-performance thereof in accordance with these Terms ofservices or related to any transaction or order made on its website
Should certain limitations mentioned above be found not to be applicable due to applicable law, ARTOGONE’s liability toward the user for damages and claims of any kind whatsoever will be limited to the amount that the user has paid for the services and products.
The user acknowledges and expressly accepts that usage of this website is done so at their own risk. The user agrees to defend and hold harmless ARTOGONE as well as its directors, officers, trustees and employees against obligations, expenses and costs, including reasonable lawyer fees, related to a non-compliance with the usage terms herein by the user or any other person using their account.
- Copyrights and trademarks
Material on this website, including but not limited to texts, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by ARTOGONE, and ARTOGONE does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on this website is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international treaties. Consequently, the material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of ARTOGONE. Trademarks, logos and service marks (collectively, “Marks”) displayed on this website are registered or unregistered Marks of ARTOGONE or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in this website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act.
Notwithstanding the foregoing, ARTOGONE authorizes you to make one electronic or paper copy of the information posted on any page of this site provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on such website. This license does not include any resale of this site or its contents; any collection of product listings, descriptions or prices; any other derivative use of this site or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of ARTOGONE and its affiliates without express written consent of ARTOGONE. You may not use any meta tags or any other “hidden text” utilizing ARTOGONE’s name or trademarks without the express written consent of ARTOGONE. Any unauthorized use of this site and/or its contents terminates the permission or license granted by ARTOGONE.
- Confidentiality of the information transmitted
- Electronic communications
When you visit this website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
ARTOGONE may monitor the access to its website and other activities in relation to its website and may intervene in this regard. However, ARTOGONE makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if ARTOGONE ever decides to do it.
Links and references to other websites are provided to you as a convenience only. ARTOGONE has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to this website, except if expressly permitted by ARTOGONE. To obtain permission, contact our Website administrator at firstname.lastname@example.org
- Changes to terms/severability
ARTOGONE may modify, alter or otherwise update the terms applicable to this website from time to time. We will notify you of any such modifications to this website by posting notice of such changes on this website. Following the posting of such changes, your continued use of this site will constitute your acceptance of these terms and other policies, as modified. You will be bound by such changes. If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
This website is controlled and operated by ARTOGONE from Montreal, Quebec, Canada. ARTOGONE makes no representation that materials on the website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- No waiver
The failure of ARTOGONE to enforce any provisions of these terms or to respond to a breach by you or any third party of these terms shall not in any way waive the right of ARTOGONE to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
- Entire agreement
These terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and ARTOGONE with respect to the use of this website and any transaction conducted on or from this website and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by ARTOGONE making such amendments or modifications available to it pursuant to the terms hereof.
ARTOGONE reserves the right, at its sole discretion, to terminate your access to all or any part of this site, with or without notice.
Terms and conditions of sale
This agreement (“Agreement”) sets forth the terms and conditions that apply to the purchase of products and/or services (the “Products”) from GALERIE ARTOGONE Inc. (“ARTOGONE”) using the www.artogone.com website. ARTOGONE reserves the right to change these terms and conditions without prior written notice at any time, at ARTOGONE’s sole discretion.
The terms “you” and “your” refer to the purchaser of Products using the www.artogone.com website.
Please read this agreement carefully! By using this website to make on-line purchases of products, you agree to be bound by and accept the terms and conditions set forth in this agreement, and you represent that you are of legal age to enter into this agreement and become bound by its terms. This agreement contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
Except as expressly provided for in this agreement, ARTOGONE does not make or give any representation or warranty with respect to the products you may purchase from this website and ARTOGONE’s liability is limited as provided in that section.
Vendor Terms and Conditions
Please refer to the following documents:
Vendor Terms and Conditions
Customers Terms and Conditions
Purchases of Artworks
As a Member, you may purchase Artworks that are listed by other Members on the Platform. When you purchase such an Artworks through the Platform, you are purchasing the work from the Member identified on the listing for such work and not from Artogone. Prices for Artworks will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges (unless specifically indicated on the Site) or applicable Taxes (defined below), for which you are responsible and which will be separately identified on your receipt. Artogone and/or its third party service providers will collect your billing and shipping information and process your payment. Certain Artworks (including, but not limited to, oversized works and sculptures) may require additional shipping and handling charges and special arrangements. The Member identified on the listing of the Artworks will ship the purchased work directly to you. The terms and conditions of Artogone’s then-current Return Policy apply to any Artworks that you purchase through the Platform. When you purchase Artworks via Online Sales (other than via the Platform) such purchases will be subject to the terms and conditions of the applicable Online Sales channels which will be presented to you at the time of purchase.
Artogone reserves the right to cancel any order for an artworks placed via the Platform if Artogone determines, in its reasonable discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Platform. If Artogone cancels an order placed via the Platform, Artogone will send you an email confirmation of such cancellation and you will not be charged for your order.
Terms for both Vendors and Customers
If you are a Member and have submitted a listing for an artworks and have been contacted through the Platform by another Member with respect to purchasing either of the foregoing, or a similar work or custom piece related to a listed work of art, you may not sell such artworks to such Member independent of Artogone and the Platform. Similarly, if you are a Member and desire to purchase an artworks for which another Member has submitted a listing, or a similar work or custom piece related to a listed work of art, you may not purchase such artworks from such Member independent of the Artogone and the Platform. Violation of this provision may result in the termination of your Member account as an artist or buyer, in addition to any other remedies available to Artogone including, without limitation, injunctive or other appropriate relief.
All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Platform, are stated in U.S. dollars and will include the goods and services tax (GST) and the Québec sales tax (QST) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes”). If you are a seller of Artworks, you acknowledge that Artogone will withhold the Taxes required to be withheld from the payments Artogone makes to you. Seller must fill out appropriate Tax forms prior to any amounts being paid, as follows:
You understand and agree that Artogone uses commercially reasonable efforts to display the colors of Artworksaccurately via the Platform. However, because individual computer monitors may display colors differently, Artogone is not responsible for the color accuracy of any Artworksdisplayed on the Platform, and disclaims all liability in this regard.
ADDITIONAL TERMS AND CONDITIONS
Sweepstakes and Contests
Artogone may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Platform. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the Platform, as they may contain additional important information about Artogone’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.
We reserve the right, with or without prior notice, to: change descriptions or references to artworks, products, subscriptions, software or services; limit the available quantity of any artworks, products, subscriptions, software, or services; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any user of the Platform with any products, subscriptions, software or services. We may modify any points, rewards, or the terms that govern their usage, at our sole discretion, and such modifications may make the points or rewards more or less common, valuable, effective, or functional.
- Consent to use to electronic documents
You hereby consent to the exchange of information and documents between you and ARTOGONE over the Internet or by e-mail, and that this Agreement (together with any applicable Order Confirmation(s) accepted by ARTOGONE as indicated in Section 3, below) in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Other documents, agreements and policies
Before submitting an order for the purchase of Products using this website, you will be shown an order confirmation screen (the “ Order Confirmation”) describing, among other things, the Product(s) to be ordered, the purchase price and any applicable charges for shipping and taxes. When you submit your order (by pressing the [“ Submit Order”] button), such order will constitute an offer from you to ARTOGONE to purchase the Product(s) described in the Order Confirmation, for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on ARTOGONE until accepted by ARTOGONE. ARTOGONE’s acceptance of your order is evidenced by return e-mail from ARTOGONE indicating that your order has been accepted.
ARTOGONE reserves the right, in its discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. In the event that your order is cancelled after your payment has been processed, ARTOGONE will issue a full refund.
All prices quoted are payable in U.S. Dollars. Although ARTOGONE strives to provide accurate product and pricing information, errors may occur. ARTOGONE reserves the right to correct any errors in pricing or product information and to modify the prices of Products, at any time, without prior notice. ARTOGONE cannot confirm the price of a Product until after you submit an order for the Product. In the event that the price or related information for a Product (as described on the www.artogone.com website and/or the Order Confirmation) is incorrect due to an error in pricing or product information, ARTOGONE may, at its sole discretion, refuse or cancel your order, whether before or after ARTOGONE’s acceptance thereof. If there is such an error in pricing, ARTOGONE will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the Product at the correct price.
- Payment terms
Terms of payment shall be determined at ARTOGONE’s sole discretion. Payment shall be made by credit card unless some other pre-arranged method of payment has been accepted by ARTOGONE. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.
- Product availability
The availability of certain Products may be limited, and Products may not be available for immediate delivery. ARTOGONE may revise or cease to make available any Products at any time without prior notice. In the event that ARTOGONE is unable to deliver you a Product ordered due to lack of availability, ARTOGONE will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable Product, provided that ARTOGONE may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available.
The products available for sale and/or distribution by ARTOGONE are available only in Canada and in the contiguous United States (i.e. the U.S.A. less Alaska or Hawaii).
- Shipping; taxes
ARTOGONE will arrange for the shipping of the Product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation. ARTOGONE will only arrange for the shipping of products to addresses located in Canada and in the contiguous United States (i.e. the U.S.A. less Alaska or Hawaii). Delivery times provided by ARTOGONE are estimates only. ARTOGONE shall not be responsible for any damages or costs resulting from any delays in delivery.
Unless otherwise stated, all prices quoted do not include shipping and handling charges and, where applicable, federal and state sales taxes. The applicable taxes and shipping charges will be shown separately on the Order Confirmation. You are responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties associated with the order.
Tax charges are calculated on the basis of the shipping and/or delivery address associated with your order. Where required, sales tax will also be applied to the shipping and handling charges. If you return an item for a refund, you will also receive a refund for the sales taxes you paid for the Product. You will not, however, receive a refund for the sales taxes you paid on the shipping and handling of the item, as the shipping and handling charges are non-refundable once an item has been shipped. If you have any questions about the sales taxes on your order, or whether taxes are applicable to your shipping and handling charges, please contact us by email at email@example.com
- Ownership; risk of loss
All Product(s) purchased from ARTOGONE are delivered to you by a third party delivery company, pursuant to a shipping contract. Since the actual delivery of your order can be impacted by many events beyond ARTOGONE’s control once it leaves our facilities,ARTOGONE cannot be held liable for late deliveries. ARTOGONE will, however, work with you to ensure a smooth delivery.
All Product returns are subject to the ARTOGONE Return Policy, the terms of which are incorporated herein by reference. Some restrictions may apply.
- Exclusion of warranties and limitation of liability
Except as expressly provided for in this agreement, ARTOGONE does not make or give any representation, warranty or condition of any kind, whether express or implied, statutory or otherwise, including without limitation warranties as to uninterrupted or error free transactions, privacy, security, merchantability, quality, title, durability, suitability, non-infringement or fitness for a particular purposes, or those arising out of a course of dealing or usage of trade.In no event will ARTOGONE be liable for any indirect, incidental or consequential damages, howsoever caused, including but not limited to, any lost profits, lost savings, loss of use or lack of availability of facilities including computer resources, routers and stored data, punitive, exemplary, aggravated or economic damages, arising out of the products provided by ARTOGONE or otherwise related to this agreement or the transactions conducted on or from the www.artogone.com website, even if ARTOGONE or any of their lawful agents, contractors, employees or mandataries have been advised of the possibility of such damages or claim. In no case will ARTOGONE’s total liability arising under any cause whatsoever (including without limitation breach of contract, negligence, gross negligence or otherwise) be for more than the amount paid by you for the specific products ordered under this agreement and to which the claim relates. In no event will ARTOGONE be liable to you for damages or losses resulting from viruses, data corruption, failed messages, damages arising as a result of: transmission errors or problems, telecommunications service providers, ARTOGONE’s contractors, the internet backbone, third-party suppliers of products or services, damages or losses caused by you, or your respective employees, agents, mandataries or subcontractors, or other events beyond the reasonable control of ARTOGONE.
Certain federal, state or provincial laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
For the purposes of this Section, “ARTOGONE” shall include ARTOGONE’s affiliates and ARTOGONE’s and its affiliates’ respective directors, officers, employees, agents, mandataries and contractors.
This Section shall survive the termination or expiry of this Agreement.
- Governing law and jurisdiction
This website and its server are physically located within the Province of Quebec, Canada. This Agreement shall be construed and interpreted in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein and shall be treated in all respects as a Quebec contract, without reference to principles of conflict of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
- Export laws
Products sold or delivered under this Agreement shall be subject to export control laws and regulations of Canada. You agree to comply at all times with all such laws and regulations. You will defend and hold ARTOGONE harmless against all claims, damages or liability resulting from breach of the foregoing.
The provisions of this Agreement shall be deemed severable. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
- Entire agreement
This Agreement, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and ARTOGONE relating to the subject matter hereof, the use of this website and any transactions conducted on or from this website, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by ARTOGONE making such amendments or modifications available to it pursuant to this Agreement.
- No waiver
The failure of ARTOGONE to enforce any provision of this Agreement or to respond to a breach by you or any third party of this Agreement shall not in any way waive the right of ARTOGONE to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.