Amus Beasto (hereinafter “the artist”) operates a platform for the sale of art in limited edition (hereinafter referred to as “product”) at http://amusbeastoart.com (hereinafter “website”), with artist acting as seller and contracting party. The business relationship between the artist and the ordering party shall exclusively be governed by the following Terms and Conditions, as amended when the order is placed. Deviating terms and conditions of the ordering party shall not be applicable. These Terms and Conditions shall form an integral part of each contract concluded with the artist. With the placement of the order the ordering party agrees with these Terms and Conditions and accepts to be bound by them.
Products will be produced after placement of and according to the order of the ordering party. With the placement of the order the ordering party expressly acknowledges that the quality of the product depends on the material specified on the website and that due to the production and printing methods, minor variations in colour, format and in the quality of material used may occur compared to the samples displayed on the website. With the placement of the order the ordering party also expressly acknowledges that product will inevitably be subject to a product-specific and natural change (e.g. bleaching) which may be accelerated by environmental impacts and inappropriate storage or care. These minor variations and/or these changes do not affect the fact that the product is consistent with the terms of the contract and, especially, do not render them defective.
All prices on this website are listed in Canadian dollars (CAD). Unless otherwise stated, prices indicated for the products are "ex works" plus packaging prices inclusive delivery costs for the ordered product.
Conclusion of Contract and Delivery
The presentation of products on this website or elsewhere shall not constitute an offer for sale, but shall be deemed an invitation to the ordering party to submit a purchase offer. The artist does not warrant that the products presented are ready for delivery at any time. The ordering party will receive confirmation of receipt of the order. Orders are executed within 4 weeks after their receipt. Any information about specific delivery periods given in a particular case shall always be non-binding, and delays due to difficulties in delivery cannot be ruled out. Should artist not be able to execute an order within 6 weeks because the ordered products are not available, or should the artist not accept an order for any other reason, the artist will promptly give notice to the customer and will refund any payments already made by that customer.
Payment of the purchase price shall be made using any of the credit cards or Paypal indicated on the WEBSITE.
Right of Rescission
The ordering party may rescind the contract within 5 calendar days after receipt of purchase; this time limit is complied with if the ordering party sends the letter of rescission within that period. In case of rescission, the ordering party shall return to artist the products in their original packaging, postage prepaid, ready for resale, undamaged and unused. The products are returned at the ordering party's risk and expense. In case of any deterioration or loss of the products prior to their return, the ordering party shall reimburse that impairment or the value of the products.
Warranty and Liability
Unless otherwise provided below, the statutory warranty and damages provisions shall apply. The artist disclaims any liability for the variations and changes referred to in Section 2 of these Terms and Conditions. In case of damaged or incomplete deliveries, a confirmation of the deliverer must be obtained. Should the products be defective upon their arrival at the ordering party despite flawless packaging, the ordering party shall promptly notify artist. Defective products shall be returned to artist in their original packaging. artist shall not be liable for either technical failures during the operation of the website, or for any content on the website or on hyperlinked websites, or for damage caused by having visited the website or any of the hyperlinked websites.
With the placement of the order the ordering party expressly agrees that artist will use the ordering party's name, address, phone number, and e-mail address as well as its previous orders to process the relevant order and to send newsletters and catalogues electronically or by mail. These data will be disclosed to third parties only to the extent necessary for the processing of the order, i.e. to the relevant producer of the products, to the forwarding agent, the carrier or the postal service. The ordering party may revoke its consent at any time by giving an e-mail notice to email@example.com
Governing Law; Dispute Resolution
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