The-Terms-of-Service

TERMS OF SERVICE

Welcome to West End Gallery Ltd. By accessing our website, you agree to be bound by these Terms of Service and all applicable laws and regulations, and you agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

This website is operated by West End Gallery Ltd. Throughout the site, the terms “we”, “us”, “our”, and "gallery" refer to West End Gallery Ltd. West End Gallery offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. If we make material changes to these Terms, we will notify you by email or by posting a notice on our website prior to the changes taking effect. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your province or territory of residence, or that you are the age of majority in your province or territory of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses, or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

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

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.

We have made every effort to display the colours and images of our products that appear at the store as accurately as possible. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

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 Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. In our sole discretion, we may 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 using the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address or phone number provided when the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. 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 details, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including releasing new tools and resources). Such new features and/or services shall also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, or any other materials, products, or services of third parties.

We are not liable for any harm or damages related to purchasing or using goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third party's policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our 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. We are and shall be under no obligation to (1) maintain any comments in confidence, (2) pay compensation for any comments, or (3) respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libellous 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 Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. 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.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content:

(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial, or territorial regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) 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 Service or any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of 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 prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

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

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

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

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service 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.

In no case shall West End Gallery Ltd., our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, 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 Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage 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.

Because some provinces or territories do not allow the exclusion or limitation of liability for consequential or incidental damages, in such provinces or territories, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

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

SECTION 15 - SEVERABILITY

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

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

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

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

SECTION 17 - ENTIRE AGREEMENT

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

These Terms and any policies or operating rules posted by us on this site or concerning the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede 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).

Any ambiguities in the interpretation of these Terms shall be resolved in a manner that renders them enforceable and consistent with the parties' original intent.

SECTION 18 - GOVERNING LAW

These Terms 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 and the federal laws of Canada applicable therein.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. If we make material changes to these Terms, we will notify you by email or by posting a notice on our website prior to the changes taking effect. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 20 - GIFT CERTIFICATE TERMS OF SERVICE

General

By purchasing a West End Gallery Gift Certificate, you agree to comply with these terms and conditions.

Issue, Value, and Currency

A Gift Certificate may only be used in the currency in which it is issued. You cannot exchange a Gift Certificate for a different amount or currency.
Gift Certificates cannot be cancelled once they have been issued except if voided by an authorized officer of West End Gallery Ltd. or as required by applicable laws.
We reserve the right to correct the balance of a Gift Certificate if we believe that a clerical or accounting error has occurred.
Gift Certificates have no associated fees and do not expire.

Use and Redemption

Gift Certificates may only be used to purchase products from West End Gallery Ltd. Gift Certificates may also be applied against sales tax and shipping charges (where applicable).
To obtain the balance on a Gift Certificate, please contact our head office at 780.488.4892. Please have your Gift Certificate available.
You cannot use a Gift Certificate to purchase another Gift Certificate. Gift Certificates cannot be reloaded, resold, or used for payment outside of West End Gallery Ltd.
When you make a purchase using a Gift Certificate, the amount of the purchase will be deducted from the balance. Any remaining balance will remain on the Gift Certificate and can only be used to purchase West End Gallery products. If your purchase exceeds the balance on the Gift Certificate, you must pay the remaining amount with another payment method.
Once a Gift Certificate has been fully redeemed, it cannot be reused or reloaded.

Risk; Loss

Recipients are responsible for the safekeeping of the Gift Certificate.
To the fullest extent permitted by law, West End Gallery Ltd. makes no warranties concerning Gift Certificates, including any express or implied warranty of merchantability or fitness for a particular purpose. If a Gift Certificate is non-functional, we will replace it. Replacement Gift Certificates will not be issued for lost or stolen Gift Certificates or if it is degraded beyond legibility.

Fees, Charges, Cancellation, and Fraud

No fees apply to the use of Gift Certificates.
You agree that you will not use a Gift Certificate in a misleading, deceptive, or unfair manner.
Without notice to you, we reserve the right to cancel a Gift Certificate without a refund if we suspect that it was obtained or is being used or applied fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
We reserve the right to require additional identity verification or to request alternative forms of payment if we believe a Gift Certificate has been fraudulently obtained.

Exchanges

Products purchased using a Gift Certificate may be exchanged for in-store credit according to our Returns Policy.
Gift Certificates cannot be returned, resold, transferred for value, redeemed for cash, or applied to any other account except as required by law.

General

Gift Certificates may be used as personal or business gifts but may not be used in connection with any advertising, marketing, or other promotional activities. The use of Gift Certificates in any manner that states or implies any person is affiliated with or endorsed by West End Gallery Ltd. in any way is strictly prohibited.

SECTION 21 - ARTWORK ON APPROVAL SYSTEM

Approval Period: Clients may take artwork on approval for a period of two days. The approval period begins on the day the artwork is collected from West End Gallery Ltd.
Security: Before taking artwork for approval, clients must provide a valid credit card authorization as security. No charges will be made to the credit card unless the artwork is not returned within the specified approval period or is returned damaged.
Return Condition: Artwork taken on approval must be returned in the same condition as when it was collected. Any damage or alteration to the artwork while on approval will result in the client being charged the full purchase price of the artwork.
Purchase Decision: If the client decides to purchase the artwork during the approval period, the credit card provided will be charged the full purchase price, and the sale will be finalized.
Return of Artwork: If the client decides not to purchase the artwork, it must be returned to West End Gallery Ltd. by the end of the approval period. Failure to return the artwork within the specified period will result in the client's credit card being charged the full purchase price of the artwork.
Risk and Insurance: While the artwork is on approval and in the possession of the client, the risk associated with the artwork passes to the client. Clients are advised to insure the artwork for its full value during the approval period.
Ownership: Title and ownership of the artwork remain with West End Gallery Ltd. and the artist throughout the approval period unless the client purchases the artwork.

SECTION 22 - ART APPRAISAL TERMS

Terms of Service for Appraisals

OverviewWest End Gallery Ltd. provides appraisal services, including Verbal, Standard, and Enhanced Appraisals. By requesting an appraisal, you agree to the terms outlined below. These terms are subject to change, and it is the client’s responsibility to stay informed of any updates.
Service AgreementWhen requesting an appraisal from West End Gallery Ltd., you agree to pay for the appraisal services according to the rates presented at the time of service. Payment is due at the time of booking unless otherwise agreed. All fees for appraisals, whether verbal or written, are non-refundable once the service is rendered.
Verbal AppraisalVerbal appraisals are conducted during in-person visits or over the phone. They provide an estimated value of the artwork but do not include formal documentation. The fee for a verbal appraisal is $50.
Standard AppraisalThe Standard Appraisal service includes a formal document with replacement value for the items appraised. Each item is charged $15 for its individual replacement value assessment. Digital photography, secondary market analysis, and condition reports are not included but can be added for an additional fee (see A La Carte section). The cost of the Standard Appraisal is $175 per hour.
Enhanced AppraisalThe Enhanced Appraisal includes all features of the Standard Appraisal with added benefits: digital photography, secondary market analysis, and condition reports are all included in the service. The Enhanced Appraisal costs $250 per hour and $75 per item.
A La Carte Services
In-Person Request (On-Site Visit)On-site appraisals are available for a minimum charge of $300 (1.5 hours), with $150 per additional half-hour. A travel fee of $150 applies within a 20-minute radius of Edmonton, AB, with increased rates for longer distances or multiple locations ($150 per additional location). In-person appraisals include the services offered in the Standard Appraisal.
Client Responsibilities for On-Site AppraisalsClients must provide:
Cancellation PolicyAppointments cancelled with less than 24 hours’ notice will be subject to a $150 cancellation fee. If the appraiser arrives on-site and the client is not present or the environment is unsafe, the full travel fee will be charged.
Limitation of LiabilityThe appraiser is not responsible for fluctuations in market value, third-party valuations, or other conditions beyond the appraiser’s control. All appraisals are based on available market data and professional expertise. West End Gallery Ltd. cannot be held liable for any discrepancies in valuations or subsequent claims related to the appraised items.
Insurance ComplianceFor insurance purposes, digital photography may be required for high-value items. This is necessary to ensure accurate representation and documentation for the insurance provider.
Refund PolicyAppraisal services are non-refundable. Should an error in documentation be identified within 7 days, it will be corrected at no additional cost.

QUESTIONS

Questions about the Terms of Service should be sent to us at art@westendgalleryltd.com.

West End Gallery Ltd. - Terms in Plain English

Effective Date: October 12, 2024

The Basics

Welcome to the West End Gallery! When we say "we," "us," or "our," we're talking about West End Gallery Ltd. By hanging out on our website or buying our art, you're agreeing to these terms. So, please give them a read.

Keeping It Fresh

We're always updating our site with new art and features. That means these terms might change from time to time. We'll let you know if big changes happen. If you keep using our site after updates, we'll take that as a thumbs-up!

Age Matters

You need to be old enough to make legal decisions in your province or territory. If you're under that age, please get permission from a parent or guardian before using our site.

Play Nice

We love our art community, and we want everyone to enjoy it. So, please:

Don't use our site or art for anything illegal.
Keep viruses and bad code far away from us.
Respect copyright laws and other people's rights.

Your Account

If you buy something, please make sure all your info is up-to-date and accurate. This helps us process your orders smoothly and get in touch if we need to.

Our Right to Serve

We hope it never happens, but we might need to refuse service to someone for various reasons. We'll try to be fair and reasonable.

Prices and Products

Art prices might change—artists are unpredictable like that! We'll do our best to keep prices current. Also, colors and images on the site might look a bit different on your screen compared to real life.

Returns and Exchanges

We have a Returns Policy that explains how returns and exchanges work. Please check it out if you have questions.

Third-Party Stuff

Sometimes we link to other websites or use tools from other companies. We can't control their content, so be sure to read their terms and privacy policies.

Comments and Feedback

Got ideas or feedback? We'd love to hear them! Just know that we might use your comments to improve our services without compensating you. Also, please keep it respectful and lawful.

Privacy Matters

Your personal info is important to us. Check out our Privacy Policy to see how we handle it.

Oops and Errors

We're human, and sometimes mistakes happen. If there's an error on our site (like a typo or wrong price), we reserve the right to fix it, even if you've already placed an order.

Things You Shouldn't Do

Please don't:

Break any laws using our site.
Infringe on anyone's rights.
Send us viruses or harmful code.
Try to collect other people's personal info.
Spam or phish others.

Service Interruptions

We aim to keep our site running smoothly, but sometimes things happen. We don't guarantee uninterrupted service but promise to fix issues as soon as we can.

Liability Limits

We work hard to provide great art and service, but we can't be held responsible for things beyond our control. This includes indirect damages or losses from using our site or products.

Governing Law

These terms are governed by the laws of Alberta and Canada. If there's a dispute, it will be handled according to these laws.

Gift Certificates

Our Gift Certificates don't expire and have no fees.
They're only for buying art from us.
Keep them safe—we can't replace lost or stolen ones.
You can't use them to buy other Gift Certificates or redeem them for cash (unless the law says so).

Artwork on Approval

You can take artwork home for up to two days to see if it fits.
We'll need a valid credit card authorization as security.
Please take good care of the art. If it's damaged or not returned on time, we'll have to charge you.

Art Appraisals

We offer appraisal services to value your art. There are different levels and fees:

Verbal Appraisal: Quick estimate for $50.
Standard Appraisal: Detailed document at $175/hour.
Enhanced Appraisal: Includes photos and more at $250/hour.

If we come to you, please make sure:

The place is clean and safe.
Artwork is accessible.
You let us know at least 24 hours in advance if you need to cancel, or there might be a fee.

Questions or Concerns?

We're here to help! If you have any questions about these terms, feel free to reach out at art@westendgalleryltd.com.

Thanks for being part of our art community!