OVERVIEW

BEFORE USING THIS WEBSITE, PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE WEBSITE AND/OR PURCHASING ANY PRODUCTS FROM THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT EXPRESSLY AGREE TO THE TERMS OF SERVICE, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE THE SERVICES.

DEFINITIONS

The following capitalized terms shall have the meanings set forth below, wherein words importing the singular shall include the plural and vice versa:

a. “Artist” means Suzanne Farman and includes any references to “us”, “we”, and “our”.

b. “Product” means any material, art, artwork, original artwork, and items produced, advertised, and/or sold by the Artist on the Website.

c. “Service” means the services provided by the Website including advertising of Products and processing and fulfilling orders.

d. “User” means visitors to the Website including, but not limited to browsers, customers, merchants, and/ or contributors of content and includes any references to “you” and “your”.

e. “Website” means the ecommerce site at suzannefarmanart.squarespace.com.

OWNERSHIP

a.     The entire collection of Products, content, all reproductions and respective copyrights, and the Website are the exclusive property of the Artist.

b.     Users agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Products or Services, use of the Services, or access to the Services or any contact on the Website through which the Service is provided, without the express written consent of the Artist.

PRODUCTS OR SERVICES

a.     All sales are final.

b.     We have made every effort to display the colors and images of the Products as accurately as possible. We cannot guarantee that your computer monitor's display of any color will be accurate.

c.      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 Products or Services will be corrected.

d.     All descriptions of Products and/or pricing are subject to change at anytime without notice and at the sole discretion of The Artist.

e.     The Artist reserves the right to:

i.       limit the quantities or the sales of any Products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis; and

ii.     refuse Service to anyone for any reason at any time.

MODIFICATIONS

The Artist reserves the right to:

i. modify or discontinue the Products or Services (or any part thereof) at any time without notice and shall not be liable to the Users or to any third-party for any modification, price changes, suspension, or discontinuance of the Products or Services;

ii. update, modify change or replace any part of the Terms of Service at her sole discretion by posting updates and changes and/or modifications to the Website without prior written notice. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of such changes.

ORDERS

The Artist reserves the right, in her sole discretion, to:

i. limit or prohibit orders that appear to be placed by dealers, resellers, or distributors;

ii. refuse Service to anyone for any reason at any time including, but not limited to, refusing any order you place on the Website;

iii. cancel orders in case of incorrect pricing/availability that might occur on the Website;

iv. 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.

v. If the Artist makes a change to or cancel an order, the Artist may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made.

SHIPPING

Shipping is not included in these prices and will be invoiced separately after the purchase. Prices will depend on your location. Shipping the art pieces within North America can range from $300 - $1,500 (or more) depending on the size. International shipping could be more. Local pick up is available in Calgary. All costs associated with shipping, are the responsibility of the User.

WEBSITE TERMS

a. You are prohibited from using the Website or its content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (viii) to spam, phish, pharm, pretext, spider, crawl, or scrape; (ix) for any obscene or immoral purpose; or (x) to interfere with or circumvent the security features of the Website or the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the terms herein.

b. You agree that you are at or above the legal age in your state or province of residence, and that you have given your consent to allow any of your minor dependents to use the Website.

c. Any new posts, pages, features or tools added to the Website shall be subject to the Terms of Service as stated herein.

d. The Artist may, in her sole discretion, edit or remove Website content that she determines to be in violation of the terms herein.

WEBSITE PHOTOS

All Products are professionally photographed and presented as true to the reality as possible. We also use online editors to showcase the Products using different room mock-ups. In order to help you best visualize how the Products will look like in your own home, we use room mock-ups with different settings, colors, and interiors. All of our Products are showcased in these room mock-ups in right scale and the true size of the Product.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all order placed on the Website. 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.

For more detail, please review our Returns Policy.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

a. If, at The Artist’s request, you send certain specific submissions (for example contest entries) or without a request from us 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. The Artist is under no obligation (i) to maintain any Comments in confidence; (ii) to pay compensation for any Comments; or (ii) to respond to any Comments.

b. 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 Website, the Service or any related links or websites.

c. 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.

d. 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.

ERRORS, INACCURACIES AND OMISSIONS

There may be information on the Website regarding our Services that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. The Artist reserves the right to but is under no obligation to except as required by law, correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Products or Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

a. We do not guarantee, represent or warrant that your use of the Website or the Service will be uninterrupted, timely, secure or error-free.

b. We do not warrant that the results that may be obtained from the use of the Website or the Service will be accurate or reliable.

c. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

d. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Products and Services delivered to you are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

e. In no case our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products procured using the Service, or for any other claim related in any way to your use of the Website or the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or Product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Artist, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may deny you access to our Website and terminate the Services or any part thereof at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

GENERAL CONDITIONS

a. Interpretations: The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

b. Entire Agreement: These Terms of Service and any policies or operating rules with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

c. Waiver: The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

d. Severability: In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

e. Ambiguities: Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party and shall not apply to the interpretation or construction of the Terms of Service.

f. Governing Law: These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the province of Alberta.

g. Survival: The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Terms of Service for all purposes.

h. Contact Information: If you have any questions about our Terms of Service, please contact us at info@suzannefarmanart.com.

Return, Exchange and Delivery

  1. All sales are final. There is no return or exchange to any artwork(s) purchased from our website.

  2. The Artist is nor responsible for any delivery delays.

  3. In case the painting is damaged during the shipping process and you wish to file a complaint, you must contact us within 14 days of receiving the artwork(s) and provide photos and videos of the artwork(s) as soon as the package is opened. The buyer must ship the artwork(s) back to The Artist using the same shipping method. The damaged artwork(s) must be shipped back within 14 days. The refund will be granted as Money Back once the artwork(s) is received and cleared by the artist.

  4. If you wish to see more photos or a video of a particular painting before you place an order, or if you have any questions, please contact us at info@suzannefarmanart.com and we will help you in any way that we can.

  5. If you have any questions regarding returns or refunds, please contact us at info@suzannefarmanart.com and we will very happy to help you.

PRIVACY POLICY

Personal Information

a. We refer to any information that can uniquely identify an individual as “Personal Information”.

b. We will take all measures to protect your Personal Information and keep such information confidential, secure, and private.

c. Your Personal Information will only be used to fulfill your order and may be used for internal analytical purposes. We will not sell or redistribute your personal information to anyone.

Collecting Personal Information

a. When you visit the Website, we collect certain information about your device, your interaction with the Website, and information necessary to process your orders such as version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Website.

b. We may collect additional information if you contact us for customer support.

Using Personal Information

We use your Personal Information to provide the Services to you including, but not limited to, offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date with new products, services, and offers.

Sharing Personal Information

a. We share Personal Information with other service providers to help us provide the Services and fulfill our obligations to you. As an example, we use Squarespace to power our online store. To learn more about how Squarespace uses your personal information, please visit: Privacy Policy – Squarespace.

b. We may share your personal information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful requests for information we receive, or to otherwise protect our rights.

Minors

We do not intentionally collect information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at info@suzannefarmanart.com to request a deletion of the Personal Information shared.

Lawful Basis

We collect personal information as per Canada’s federal private sector privacy law, the Personal Information Protection and Electronic Documents Act (PIPEDA). We process your personal information under the following lawful basis:

• your consent;

• the performance of the contract between you and the Website;

• compliance with our legal obligations;

• to protect your vital interests; and

• for our legitimate interests, which do not override your fundamental rights and freedom.

Retention

When you place an order through the Website, we will retain your Personal Information for our records unless and until you ask us to delete this information. For more information on your right to delete information, please read the “Your Rights” section below.

Changes to Privacy Policy

We may update this Privacy Policy from time to time in order to reflect changes to our Products, Services or for other operational, legal, or regulatory reasons.