Terms of service

OVERVIEW 

Welcome to West End Gallery Ltd. By accessing our website, you are agreeing 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 and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service 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 of Service. 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 of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. 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. They provide 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 of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province 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 or 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 the 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, necessarily, 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 at any time.

We shall not be liable to you or to 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 Return 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 the 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 the sole discretion of us. 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, household or order. These restrictions may include orders placed by or under the same customer account, 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 e‑mail and/or billing address/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 nor 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 of 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, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
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 it. We 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 the purchase or use of 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 (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. 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 e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties about 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 you or any third-party posted.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. View 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 of Service, 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 state 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 of 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 obtained from using the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time 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, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, 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 of any kind 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 states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, 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 and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service 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 of Service 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 to be severed from these Terms of Service, 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 of Service are effective unless and until terminated by you or us. You may terminate these Terms of Service 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 of Service, 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 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 of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or with respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding 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 of Service).
Any ambiguities in interpreting these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. 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 of Service constitutes acceptance of those changes.

SECTION 20 - GIFT CERTIFICATE TERM OF SERVICE

General

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

Issue, Value and Currency

1. A Gift Certificate may only be used in the currency in which it is issued. You cannot exchange a Gift Card for a different amount or currency.
2. Gift Certificates cannot be cancelled once they have been issued except if voided by an officer of the West End Gallery or if the Gift Card Certificate has been used or otherwise by relevant laws.
3. We reserve the right to correct the balance of a Gift Certificate if we believe that a clerical or accounting error has occurred.
4. Gift Certificates have no associated fees or expiration dates. 

Use and Redemption

1. Gift Certificates may only be used to purchase products from the West End Gallery. Gift cards may also be applied against sales tax and shipping charges (where applicable).
2. To obtain the balance on a Gift Certificate, please get in touch with our head office at 780.488.4892. Please have your GC available.
3. You cannot use a Gift Certificate to purchase another Gift Certificate. Gift Certificates cannot be reloaded, resold or used for payment other than the West End Gallery Ltd.
4. 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.
5. Once a Gift Certificate has been fully redeemed, it cannot be reused or reloaded.

Risk; Loss

1. Recipients are responsible for the safekeeping of the Gift Certificate. 
2. To the fullest extent permitted by law, the West End Gallery makes no warranties concerning Gift Certificates, including any express or implied warranty of merchantability without limitation. To the full extent permitted by law, if a Gift Certificate is non-functional, Replacement Gift Certificates will not be issued for lost, stolen, or if it is degraded beyond legibility.

Fees, Charges, Cancellation and Fraud

1. No fees apply to the use of Gift Cards.
2. You agree that you will not use a Gift Certificate in a misleading, deceptive, or unfair manner.
3. Without notice to you, we reserve the right to cancel a Gift Certificate without a refund if we suspect that the Gift Certificate was obtained or is being used or applied, fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
4. 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 

1. Products purchased using a Gift Certificate may be exchanged for in-store credit.
2. Gift Certificates cannot be returned, resold, transferred for value, redeemed for cash or applied to any other account except to the extent required by law.

General

1. Gift Cards 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 the West End Gallery Ltd in any way is strictly prohibited.

SECTION 22 - ARTWORK ON APPROVAL SYSTEM

1. 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.

2. Security: Before taking artwork for approval, clients must provide a valid credit card imprint 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.

3. 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.

4. 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.

5. 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.

6. 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 ensure the artwork for its full value during the approval period.

7. Ownership: Title and ownership of the artwork remain in the care of West End Gallery Ltd. and ultimately, the artist throughout the approval period unless the client purchases the artwork.

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

The Basics

Our website is brought to you by West End Gallery LTD. When we say "we", "us", or "our" or "gallery", that's who we're talking about.

Everything we offer on this site, from information to tools, is based on your acceptance of these terms. So, please read them carefully.

If we add new features to our store, these terms will also govern them.

We're always evolving, so we might update these terms from time to time. It's a good idea to check back now and then. If you keep using our site after we post changes, it means you're cool with them.

Age Matters: By using our site, you're confirming that you're legally an adult in your country or have your guardian's permission.

Play Nice: Please don't use our products for anything illegal or break any laws. And definitely, don't bring any harmful tech stuff like viruses onto our site.

Our Right to Serve: We love our art community, but sometimes we might need to refuse service. We hope it never comes to that!

About the Info on Our Site: We do our best to provide accurate and up-to-date info. But we're only human, so we can't guarantee that everything is perfect all the time.

Price Changes and Service Modifications: Art is dynamic, and so are we! This means our prices and services might change. We'll always aim to keep you in the loop, but we can't be held responsible for any sudden changes.

Our Products: We try our best to showcase our products, which is fine art, accurately. But colours might look different depending on your screen.

Billing and Account Info: We reserve the right to refuse any order. We'll let you know if we need to change or cancel an order.

Third-Party Tools and Links: Sometimes, we might give you access to third-party tools or links. Just remember, we don't have control over them, so use them at your own risk.

Your Feedback: We love hearing from you! If you send us comments, ideas, or feedback, you give us the right to use it however we see fit. Just so you know, we don't have to keep it confidential or pay you for it.

Your Privacy: Your privacy is super important to us. Check out our Privacy Policy to see how we protect it.

Oops Moments: If there's an error on our site related to product descriptions, pricing, or promotions, we'll do our best to fix it ASAP.

No-No's: We'd rather you not do a few things on our site, like using it for illegal stuff, stealing our content, or trying to hack our system. If you go against these rules, we might have to say goodbye.

Our Promise to You: We're committed to giving you a great experience, but we can't promise that everything will always be perfect. We hope you understand!

Got Our Back?: If something legal comes up because of your use of our site or services, we'd appreciate it if you'd stand by us.

Legal Bits: If any part of these terms isn't valid or enforceable, the rest of the terms will still apply.

These terms will continue to apply even if our relationship ends.

The Legal Landscape: Our relationship is based on Canadian laws.

Changes to These Terms: Remember, we might update these terms from time to time. Stay in the loop by checking this page.

Gift Certificate T&Cs: Our gift certificates are pretty straightforward. They can't be exchanged for cash, and they're only valid for purchases at West End Gallery. Keep them safe because we can't replace them if they're lost or stolen.

Art Ownership: Until you've paid in full, the artwork you buy remains our property. But once it's in your hands, you're responsible for its care.

Art on Approval: Before buying, you can take art home to see how it fits. Just remember to return it in the same condition if you decide not to purchase it.

Questions?: We're here to help! Shoot us an email at art@westendgalleryltd.com.