USE OF SITE
The Nextart.com website (the “Site”) is owned and operated by NextART (the “Company”) for your personal and non-commercial use and information. Your use of the Site is subject to the following terms and conditions of use and sale (the “Terms”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms. If you do not agree with any of the Terms, please do not use the Site. The Company reserves the right to change, modify, alter, add, remove or otherwise update the Terms (or any portion thereof) applicable to the Site without prior written notice at any time, and from time to time, at the Company's sole discretion. We will notify you of any such changes, modifications, alterations or updates to the Site by posting notice of the same on the Site. Following the posting of any such notice, your continued use of the Site will constitute your acceptance of the new terms and other policies, as modified, and you will be bound by said new terms and policies. The Company's products and services available through the Site (the “Product” or the “Products”) may be ordered by persons who reside in Canada. The Site is not intended for access or use outside this country. You are responsible to ensure that your access to the Site, and the information and material available on or through it, are legal in each jurisdiction in or through which you access or view the Site and such information and material. The terms “we”, “us”, and “our” used in these Terms also refers to the Company. The Company urges you to read these terms carefully, as they include provisions such as limitation of liability, dispute resolution and other provisions that may limit your rights.
NO USE BY MINORS
The Site is intended for use by adults only. If you use the Site to purchase Products, you represent that you are of legal age to enter into any purchase agreement through the Site and become bound by its terms. If you are under the age of majority in the jurisdiction in which you reside, your parent or guardian should use the Site on your behalf and you should not use the Site on your own or provide any personal information to the Company. The Company does not knowingly collect information from children under the age of 13.
COPYRIGHTS & TRADEMARKS
Material on the Site, including but not limited to texts, images, illustrations, articles, photographs, software, code, audio clips and video clips, is owned or otherwise provided by the Company, and the Company does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on the Site is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international conventions and treaties. The Company is the owner of the copyright in the entire Site and, consequently, the material on the Site 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 the Company. Trademarks, logos and service marks (collectively, the “Marks”) displayed on the Site are registered or unregistered Marks of the Company 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 the Site is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act.
Notwithstanding the foregoing, the Company authorizes you to make an electronic or paper copy of the information posted on any page of the 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 any such page of the Site. This license does not include any resale of the Site or its contents; any collection of product listings, descriptions or prices; any other derivative use of the 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 page on the Site or any trademark, logo or other proprietary information (including images, text, page layout, or form) of the Company without express written consent of the Company. You may not use any Meta tags or any other “hidden text” utilizing the Company's name or trademarks without the express written consent of the Company. Any unauthorized use of the Site and/or its contents terminates the permission or license granted by the Company.
Except as otherwise may be expressly provided herein, nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of the Company or any other person or entity.
RETURN AND EXCHANGE POLICY
All Product returns are subject to the Company's Returns & Exchanges Policy, the terms of which are incorporated herein by reference. Some restrictions may apply.
Nextart.com has the right to reject damaged goods and decline any return. Refunds are judged based on receipt of the item and not when shipped out. All returns for credit must be in original condition, include original packing material and all other accessories provided upon original delivery. 30 Day refund policy starts on the date of the purchase and is valid for 30 Calendar Days, which include: weekends and holidays. Free Return Shipping is not available.
PRODUCT PRICE CHANGES & ERRORS
In the event of a price reduction of an item recently ordered (within 7 days), Nextart.com will only credit a difference to an order if the order is in the process phase. Any price reduction will not be refunded if the order has been shipped.
All prices and Product orders are quoted and shall be processed in Canadian or US dollars. The customer selects the currency they wish to pay in. All Canadian addresses orders will be in CAD $ and US addressed purchases will be in US $.
Although the Company strives to provide accurate Product and pricing information, errors may occur. The Company 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. The Company 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 Site and/or the Order Confirmation) is incorrect due to an error in pricing or product information, the Company may, at its sole discretion, refuse or cancel your order, whether before or after the Company's acceptance thereof. If there is such an error in pricing, the Company 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.
You agree to indemnify, defend, and hold harmless Nextart.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
The Company reserves the right, at its sole discretion, to terminate your access to all or any part of the Site, with or without notice.
Nextart.com may deliver notices to you by means of e-mail, a general notice on the site, or by other reliable methods to the address you have provided to Nextart.ca.
Nextart.com does not and cannot review all communications and materials posted to or created by users accessing the site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Nextart.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Nextart.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Nextart.com in its sole discretion.
The Company is not responsible for any text, image, video, audio, or any information, content or other materials you may introduce into or post through the Site or any other Company websites including any Company pages on social networking websites and webpages such as Facebook, Twitter or YouTube (collectively, your “Material”). You acknowledge and agree that your Material does not necessarily reflect the views, ideas or opinions of the Company or any of its divisions, affiliates, subsidiaries, directors, officers, employees, agents, contractors and suppliers and that we disclaim any and all responsibility for any of your Material. You agree never to knowingly or otherwise introduce or post Material that is defamatory, libelous, slanderous, obscene, abusive, fraudulent, or that violates any other party's proprietary rights, promotes hatred, otherwise gives rise to a criminal offence or civil liability on the part of any person or entity or that is otherwise unlawful or in contravention of applicable laws and regulations. You hereby agree to defend and hold the Company harmless against all claims, damages, liability, losses or expenses resulting from or related to your Material. The Company reserves the right to edit, alter or delete any Material at any time without prior notice. All Material must be solely for non-commercial, personal purposes and may be protected by applicable copyright laws.
CONSENT TO USE ELECTRONIC DOCUMENTS
You hereby consent to the exchange of information and documents between you and the Company over the Internet or by e-mail, and you agree that these Terms, together with any applicable Order Confirmation(s) accepted by the Company 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 may provide to you electronically satisfy any legal requirement that such communications be in writing.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS OR INFORMATION PROVIDED THROUGH THE SITE, THE PRODUCTS, OR THE TRANSACTIONS CONDUCTED ON OR FROM THE SITE, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
IN PARTICULAR, AND WITHOUT LIMITING THE PRECEDING PARAGRAPH, IN NO EVENT WILL THE COMPANY 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, THE COMPANY'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 THE COMPANY.
IF, DESPITE THE LIMITATIONS ABOVE, THE COMPANY IS FOUND LIABLE FOR ANY DAMAGE OR LOSS IN CONNECTION WITH THE SITE, IN NO CASE WILL THE COMPANY'S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN, IN THE AGGREGATE, THE LESSER OF 100$ OR THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS PURCHASED BY YOU AND TO WHICH THE CLAIM RELATES.
IF YOU ARE DISSATISFIED WITH THESE TERMS OR THE SITE, YOU’RE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THE SITE.
CERTAIN FEDERAL 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, “THE COMPANY” SHALL INCLUDE THE COMPANY'S RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, CONTRACTORS AND THIRD-PARTY SUPPLIERS.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
EXCLUSION AND DISCLAIMER OF WARRANTIES
THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE FUNCTIONALITY, THE GOOD WORKING ORDER OR CONDITION OF THE SITE, ITS SUITABILITY FOR USE, OR THAT IT’S USE, OR ANY INFORMATION OR MATERIAL, ACCESSED FROM OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY DOES NOT REPRESENT, WARRANT OR UNDERTAKE THAT ANYERRORS ON OR RELATING TO THE SITE WILL BE CORRECTED, OR THAT ANY SERVER FROM WHICH THE SITE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS, THE SITE AND ALL MATERIALS, PRODUCTS AND INFORMATION PROVIDED THROUGH OR ON THIS SITE ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND THE COMPANY DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION (i) WARRANTIES AS TO UNINTERRUPTED OR ERROR-FREE TRANSACTIONS, PRIVACY, OR SECURITY, (ii) ACCURACY, ADEQUACY OR COMPLETENESS OF THE SITE AND THE CONTENT THEREOF, THE INFORMATION, MATERIALS AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE; OR (iii) 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. THESE EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED IN THESE TERMS.
BECAUSE CERTAIN FEDERAL OR PROVINCIAL OR STATE LAWS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
The Company reserves the right, in its sole 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 or accepted and your credit card charged. In the event that your order is cancelled after your payment has been processed, the Company will issue a full refund.
Orders must be cancelled via email or telephone or through customer account and a confirmation by one of Nextart.ca representatives within 24 hours of purchase. Refused shipments may be subject to a 30% restocking fee.
PURCHASE AGREEMENT AND PAYMENTS
All Credit Card transactions will be processed on the same date of the order. This capture of payment will be more than 1 business day in advance of shipment. As Nextart.com artwork is made-to-order and are shipped between 5-7 business days after capture of payment. By accepting delivery of any product sold from Nextart.com, you ("Customer") agree to be bound by the terms and conditions listed. You and Nextart.ca agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Nextart.ca. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from Nextart.ca.
If you register on the Site for the purchase of Products, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and your account, and you agree to accept responsibility for all activities that occur under your account or password. The Company reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion.
SHIPPING & TAXES
The Company will ship the Product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation. Delivery times provided by the Company are estimates only. The Company shall not be responsible for any damages or costs resulting from any delays in delivery.
Unless otherwise stated, all Product prices quoted do not include shipping and handling charges and applicable federal and provincial or state sales taxes. Separate charges for shipping and handling and taxes will be shown on the Order Confirmation for each order, as applicable. Customers shall be responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties associated with the order.
All Product(s) purchased from the Company are delivered to you by a third party delivery company, pursuant to a shipping contract. You shall become the owner of the Product(s) and shall assume the risks of loss at the time of delivery by the Company of the Product(s) to the third party delivery company.
All duties and taxes for orders outside of Canada are to be paid by customer. Nnextart.com is not responsible for any billing imposed by anywhere outside of Canada. If products are being shipped outside of Canada, the recipient of the product is fully responsible for all the applicable duties and taxes. If merchandise is refused at the time of delivery, it will be returned to nextart.com where it will be held for 30 Days. If Goods are not claimed within 30 days of receipt at the warehouse, Nextart.com holds the right to cancel the order and charge a 30% restocking fee.
These terms and conditions, together with a Nextart.com invoice regarding the products ordered by the Customer, are the complete and exclusive agreement between Nextart.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Nextart.com and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
USE OF YOUR MATERIAL BY US
You acknowledge and agree that any dispute that may arise between you and the Company in respect of these Terms and the transactions contemplated herein shall be resolved by the provincial, state and federal courts and tribunals sitting in the judicial district of Toronto in the province of Ontario, and you hereby irrevocably submit and attorn to the personal and exclusive jurisdiction and venue of these courts.
LINKS TO OTHER WEBSITES GOVERNING LAW
We guarantee that every online transaction you make will be 100% safe. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
The Site is controlled and operated by the Company from Toronto, Ontario, Canada and these Terms, the Site, any use of the Site and any transaction conducted on or from it shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
The failure of the Company to enforce any provisions of these Terms or to respond to a breach or default by you or any third party of these Terms shall not in any way waive the right of the Company to subsequently enforce any of the Terms contained herein or to act with respect to similar breaches or defaults.
Products sold or delivered under these Terms 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 hereby agree to indemnify, defend and hold the Company harmless against all claims, damages or liability resulting from breach of the foregoing.
These Terms and any supporting or ancillary documents are drafted solely in English. A French version of these Terms is available here.
NextArt Customer Service
20 Toro Road
Canada, M3J 2A7
1-866- 777-0ART (0278)