Terms and Conditions
Conditions of Sale
The following Conditions of Sale (“Agreement”) define the relationship between ARTSAKE INC. (“ARTSAKE”) and the purchaser (“you” or “Purchaser”) of the artwork (“Work”) sold in connection with the website at Artsake.com (“Site”).
Please read these Terms and Conditions carefully before using the Site.
ARTSAKE may modify these Conditions of Sale as well as any other terms, conditions or information on the Site by posting such changes on the Site. By purchasing any Work, you accept and agree to be bound by these Conditions of Sale and any other policies and guidelines that ARTSAKE post elsewhere on ARTSAKE from time to time, including ARTSAKE’s Terms and Conditions.
The Site
The Site is a platform for the sale of artwork and other property. All Purchasers on this Site must be at least 18 years old and able to form binding contracts under applicable law. You are responsible for all charges incurred under your account. In order to make a purchase, ARTSAKE may use the services of third parties. ARTSAKE reserves the right to withdraw the Work from the Site at any time without any liability whatsoever for the withdrawal.
Purchases
If you wish to purchase (“Purchase”) any product or service made available through the Site, you may be asked to supply information relevant to 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: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that (ii) the information you supply to 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.
ARTSAKE reserves the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availabilities, errors in the description or price of the product or service, error in your order or other reasons.
ARTSAKE reserves the right to refuse or cancel your order should fraud or an unauthorized or illegal transaction be suspected.
Accounts
When you create an account with ARTSAKE, you must provide ARTSAKE information that is accurate, complete, and current at all times. Failing to do so constitutes a breach of the Terms, which may result in immediate termination of your account on ARTSAKE’s 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 ARTSAKE immediately upon becoming aware of any breach of security or unauthorized use of your account.
Buyer’s Responsibility
Subject to fulfillment of all applicable terms and conditions of this Agreement, when you make a purchase on the Site you shall immediately pay the total amount due, comprised of the total purchase price of the Work and all applicable taxes and service fees. You may pay by credit card. By making a credit card purchase, you irrevocably waive any charge-back rights you may otherwise have under your cardholder agreement or otherwise. If a credit card is not approved, you will remain personally liable for the total amount otherwise due in good cleared funds. Title to the Work will pass to you when physical possession of the Work is transferred to you. Any claims regarding purchases must be made directly to ARTSAKE.
If you fail to comply with any applicable term or condition of this Agreement, you will be in default, and ARTSAKE will be entitled in its absolute discretion to exercise any or all of the following rights and remedies (in addition to any other rights or remedies available to ARTSAKE at law): (i) to hold the buyer liable for the total amount due, and for interest, commissions on the sale at ARTSAKE’s regular rates, and any and all legal fees and incidental damages; (ii) to cancel the sale or any other sale to the buyer, retaining as liquidated damages any amounts already paid by the buyer; and/or (iii) to resell the Work publicly or privately as permitted by applicable law, holding the buyer liable for any deficiency between the total amount originally due and the price realized on resale, as well as any costs, expenses, damages and legal fees associated with both sales. By failing to make any payment, you will be deemed to have granted and assigned to ARTSAKE a continuing first priority security interest in any money or other property of or owing to the buyer will in ARTSAKE’s possession, and ARTSAKE shall be entitled to retain and apply such money or other property as collateral security for your obligations to ARTSAKE.
Taxes
You are responsible for paying all sales taxes or charges imposed by law which may be imposed in connection with the sale of the Work that we are required to collect under applicable law and shall indemnify, defend and hold harmless (including reasonable attorneys’ fees) ARTSAKE from costs associated with any failure to do so. ARTSAKE is required to collect sales tax for any Work delivered in the same Country or State that ARTSAKE is currently located in.
Packing and Shipping
ARTSAKE is not responsible for any act or omission of any packer, shipper or common carrier in the same packing or shipping of the Work.
Damaged Delivery
ARTSAKE does its best to ship your order in a safe and secure way, but if your order for any reason or in any way arrive damaged, please let ARTSAKE know immediately so ARTSAKE can help you solve the problem.
Important: Please make sure to take photos of both the package and the damaged product and send it together with other relevant information about the claim to info@artsake.com and include your order number in the e-mail.
Disclaimer of Warranties
Neither ARTSAKE nor any of ARTSAKE’s past, present or future direct and indirect parents, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, attorneys, successors, receivers, insurers, guarantors, related companies, interest holders, members, partners, beneficiaries and assigns make any representation of warranty or assume any liability whatsoever with respect to the merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance of the Work, and no information regarding the Work provided on the Site, in a bill of sale or elsewhere will constitute any such warranty of assumption of liability. ARTSAKE is not responsible for any errors or omissions in any information on the Site or elsewhere regarding the Work. The Work is sold “AS IS”. ARTSAKE does not warrant that you will acquire any copyright or other reproduction right to the Work.
Limitation of Liability
ARTSAKE shall not be liable for any damages, in particular ARTSAKE shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to any dispute regarding any Work offered and/or sold on the Site, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise, even if ARTSAKE has been advised of the possibility of such damages.
Indemnification
You agree to indemnify and hold ARTSAKE and each and all of its past, present or future direct and indirect parents, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, attorneys, successors, receivers, insurers, guarantors, related companies, interest holders, members, partners, beneficiaries and assigns, harmless from any claims, damages, demands or liabilities including attorney’s fees and costs, arising in any way from your purchase of the Work asserted by any third party, including but not limited your breach of this Agreement, or your violation of any third party right. ARTSAKE reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with ARTSAKE in asserting any available defenses. This indemnification and defense obligation will survive this Agreement.
Privacy
ARTSAKE ensures that your personal contact information shall be treated with confidentiality and shall not be share with any third party. However, for ordering and handling purposes, ARTSAKE might need to share your shipping information directly with its printing partners.
Law and Jurisdiction
This Agreement shall be governed by and construed according to the laws of Canada and the Province of Quebec, excluding Quebec’s conflict of laws rules. Any claim or cause of action arising from or related to this Agreement or your use of this Site shall be filed solely and exclusively in court located in the Province of Quebec, district of Montreal and you irrevocably consent to the personal jurisdiction of such courts and waive any objections you may have to such courts as the sole venue for any such claim or cause of action, including but not limited to any claim that any such court is an inconvenient forum. In the event of any conflict between Canada and foreign laws rules and regulations, those of Montreal, Quebec, Canada will govern.
Colors
Due to the calibration differences between computer monitors, tablets and smartphones, etc. the color on the Product shown on the Site may slightly vary from the actual Product.
Returns And Exchanges
ARTSAKE is committed to ensuring your satisfaction. You may cancel or amend your order within 24 hours of purchase free of charge. Due to the diversity and customization of our offering, we do not pre-print or inventory any stock, so every piece is printed-on-demand and made specifically to order. Since ARTSAKE does not warehouse or hold inventory, ARTSAKE is unable to accept returns or exchange items.
ARTSAKE cannot provide refunds, or credits but can provide replacements in the event of damage prior to the product arriving to you, our valued customer. In the event that a piece arrives damaged, ARTSAKE ask that a photo of the damaged unit is sent to our Customer Care team (care@artsake.com), and we will produce and send a replacement at no charge.
Other Terms
No agency, partnership, joint venture, or employment relationship is established as a result of this Agreement. This Agreement, in addition to other written agreements that you may enter into with ARTSAKE, is the entire agreement and understanding between you and ARTSAKE regarding the purchase of any Work from the Site and supersedes all prior or contemporary communications whether digital, oral or written. If any term or condition of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, that term or condition will be limited or removed to the minimum extent necessary so that this Agreement will otherwise remain fully valid and enforceable. Our failure to enforce or exercise any rights established by this Agreement will not constitute a waiver of any such rights or any other rights under this Agreement. Section headings in this Agreement are included for convenience of reference only and will not limit the scope or effect of any Section.
Contact us
Should you have any questions about these terms, please contact ARTSAKE at info@artsake.com.
