1. Introduction

Welcome to Geo Canada Art Gallery. These Terms and Conditions ("Terms", "Terms and Conditions") govern your use of the website geocanada-art.com (the "Website") operated by Geo Canada Art Gallery ("we," "us," or "our") and any related services, including the purchase of artwork and related products.

By accessing or using our Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Website or use our services.

2. Definitions

In these Terms, the following definitions apply:

• "Account" means the account created by a User to access and use the Services.
• "Content" means any text, graphics, images, music, software, audio, video, information, or other materials appearing on or through the Services.
• "Order" means a request to purchase Products through the Services.
• "Products" means the fruits, vegetables, and other items offered for sale through the Services.
• "Subscription" means a recurring Order for Products at specified intervals.
• "User" means an individual who accesses or uses the Services.
• "User Content" means any Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Services.

3. Account Registration and Use

3.1 Account Creation

To use certain features of our Services, you may need to register for an Account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for safeguarding your password and for all activities that occur under your Account. You agree to notify us immediately if you suspect any unauthorized use of your Account.

3.2 Age Requirement

You must be at least 18 years old to create an Account and use our Services. By creating an Account, you represent and warrant that you are at least 18 years old.

3.3 One Account Per User

You may not create more than one Account without our express permission. We reserve the right to terminate any duplicate Accounts.

3.4 Account Termination

We reserve the right to suspend or terminate your Account at any time for any reason, including but not limited to violation of these Terms. You may also terminate your Account at any time by contacting our customer service.

4. Website Use and Content

4.1 License to Access

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for your personal, non-commercial use. This license does not include the right to:

• Modify, reproduce, or distribute any Content on the Website
• Use data mining, robots, or similar data gathering methods
• Use the Website or its Content for any commercial purpose
• Access the Website through automated means
• Bypass security measures on the Website

4.2 Intellectual Property

All Content on the Website, including but not limited to text, graphics, logos, images, artwork images, button icons, and software, is the property of Geo Canada Art Gallery or our content suppliers and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

The artworks displayed on our Website are protected by copyright laws. The images of artworks are provided for viewing purposes only and may not be reproduced, distributed, or used for any commercial purpose without express written permission.

4.3 User Conduct

When using our Website, you agree not to:

• Violate any applicable law or regulation
• Infringe upon the rights of others
• Submit false or misleading information
• Upload or transmit viruses or malicious code
• Interfere with the proper working of the Website
• Engage in unauthorized framing or linking to the Website
• Attempt to gain unauthorized access to the Website or related systems

5. Purchase Terms

5.1 Product Information

We strive to provide accurate descriptions and images of artworks. However, we cannot guarantee that colors and details as displayed on your screen will exactly match the physical artwork. Dimensions, materials, and other specifications are provided as accurately as possible but may have minor variations.

5.2 Pricing and Availability

All prices are in Canadian Dollars (CAD) unless otherwise specified. Prices are subject to change without notice. Artwork availability is subject to prior sale. We will notify you promptly if a piece you have ordered is no longer available.

5.3 Order Acceptance

Your order constitutes an offer to purchase. We reserve the right to accept or decline your order for any reason, including but not limited to artwork availability, errors in pricing or artwork description, or concerns about fraudulent activity.

5.4 Payment

We accept various payment methods as indicated on our Website. By providing payment information, you represent and warrant that you have the legal right to use the payment method and that the information you provide is accurate.

For certain high-value purchases, we may offer payment plans. Terms for such plans will be provided separately and require specific agreement.

5.5 Taxes and Duties

Applicable sales tax will be added to orders shipped to addresses within Canada as required by law. For international orders, the buyer is responsible for all import duties, taxes, and customs clearance fees, which are not included in the purchase price.

5.6 Shipping and Delivery

Shipping methods, costs, and estimated delivery times are provided during the checkout process. We take great care in packaging artwork for safe transport, but we cannot guarantee specific delivery dates. More details are available in our Shipping Information page.

5.7 Title and Risk of Loss

Title to purchased artwork passes to the buyer upon full payment. Risk of loss or damage passes to the buyer upon delivery to the shipping carrier.

6. Returns and Refunds

Please refer to our Refund Policy for detailed information about returns, exchanges, and refunds. As a summary:

• Original artwork is subject to a satisfaction guarantee
• Returns must be requested within a specified period after receipt
• Artwork must be returned in its original condition and packaging
• Customer is responsible for return shipping costs unless the return is due to our error
• Custom commissions are non-refundable once work has begun

7. Warranty and Authenticity

We warrant that all artwork sold is authentic and as described. Each original artwork is accompanied by a Certificate of Authenticity. If you have concerns about the authenticity or condition of a purchased artwork, please contact us immediately.

Specific warranties regarding the condition of framing, materials, or other aspects of the artwork will be provided at the time of purchase as applicable.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Geo Canada Art Gallery, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Website
• Any conduct or content of any third party on the Website
• Any content obtained from the Website
• Unauthorized access, use, or alteration of your transmissions or content

In no event shall our total liability to you for all claims exceed the amount paid by you to us during the twelve (12) month period prior to the act giving rise to liability.

9. Indemnification

You agree to defend, indemnify, and hold harmless Geo Canada Art Gallery, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website.

10. Third-Party Links

Our Website may contain links to third-party websites or services that are not owned or controlled by Geo Canada Art Gallery. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

11. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of British Columbia, Canada, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

13. Dispute Resolution

Any dispute arising from or relating to the subject matter of these Terms shall be resolved by final and binding arbitration in British Columbia, Canada, under the rules of the ADR Institute of Canada. The arbitration shall be conducted by a single arbitrator who has experience in matters involving e-commerce and the arts.

The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

15. Entire Agreement

These Terms constitute the entire agreement between you and Geo Canada Art Gallery regarding our Website and supersede all prior and contemporaneous agreements, representations, and understandings between you and us.

16. Contact Information

Questions about the Terms should be sent to us at:

• Geo Canada Art Gallery
• 51942 Lawrence Courts
• Lake Betsy, BC J3E-2Y3
• Canada
• Phone: +1 810-248-2266
• Email: [email protected]