Terms of service

Version 2026-10 — last updated October 16, 2026. 

These Terms of Service set out the general rules for using West End Gallery Ltd.'s website and requesting related services. For a sale, the accepted quote, the terms supplied with it and any separately agreed written terms form the agreement. Later invoices, receipts or website updates do not automatically change that agreement. Services, approvals and layaway follow their separately agreed written terms. Rights that cannot legally be excluded remain unaffected.

Full Policy	Basics
Overview and Scope: These Terms apply to website use and general interactions with the Gallery. Ordinary goods include artwork, prints, sculpture, glass, books and frames. The quote and sale terms supplied and accepted before purchase govern the sale, including description, payment, title, risk, insurance, delivery, returns and legal remedies. Merely browsing the website does not accept a purchase quote.	Scope: These rules cover our website and general dealings with you. For a purchase, your accepted quote and the terms supplied with it govern the sale. Browsing does not accept a quote.
Using the Site: You must be the age of majority where required, or have appropriate consent where permitted. You may not use the Site, products, forms, images, documents, or content for any illegal or unauthorized purpose, including infringement, privacy violations, malware, scraping, spam, security circumvention, fraudulent use, sanctions or import/export violations, or other unlawful conduct.	Using the Site: Meet any applicable age or consent requirements. Use the site lawfully and respect other people’s rights. Do not hack, scrape, send spam or malware, or misuse the site or its materials.
Orders, Pricing, and Corrections: Listings, prices, availability and other website details may contain errors or omissions. The Gallery may correct website information. Before acceptance, any change affecting the offered price, goods or delivery arrangements will be reflected in the quote for the purchaser's decision. After acceptance, later changes require written agreement by both parties, subject to applicable law. A website correction does not itself change an accepted sale.	Prices and Corrections: We can correct website mistakes. Before you accept, changes to the offer go into your quote for you to review. After acceptance, changes require both parties’ written agreement, subject to the law.
Products, Images, and Warranties: Goods are sold as presented and described, including disclosed condition notes. Photographs and screens may not reproduce every colour or detail. The Gallery has the right to sell the goods and the purchaser receives good title. The Gallery warrants that, in its opinion, artwork is by the artist identified in the agreed description; any attribution qualification is stated before purchase. Provenance, exhibition histories, literature references and other historical information are provided in good faith from available records and sources, may be incomplete or independently unverifiable, and are not separately guaranteed unless expressly agreed in writing. This does not limit an express promise in the agreed description or the attribution warranty. Beyond its express promises, the Gallery provides no additional voluntary product warranties. Non-excludable rights and protections remain unaffected. Services follow their agreed engagement terms.	Descriptions and Warranties: The goods must match the agreed description, including disclosed condition notes. We have the right to sell them and transfer good title. We warrant artist attribution as our opinion, with any qualification stated before purchase. Historical details may be incomplete and are not separately guaranteed unless agreed in writing. Photos may differ from the actual work. We give no additional voluntary warranties; legal rights remain protected.
Payment, Release, Title, and Risk: After quote acceptance, the Gallery requests payment by phone, e-Transfer or a separate MonerisGo payment request. All agreed amounts must be paid in full and funds must clear before goods are released. Ownership transfers after full cleared payment. For pickup, risk transfers when the purchaser or authorized recipient takes possession after full cleared payment. For shipped goods, including Gallery-arranged shipping, risk transfers at carrier handoff after full payment has cleared, subject to the agreed terms, Gallery negligence and rights that cannot legally be excluded. The Gallery may require identification and written pickup or shipping authorization before release.	Payment, Ownership and Risk: We request payment after you accept. We release the goods and transfer ownership only after full payment clears. For pickup, risk passes when you or your authorized recipient takes possession; for shipping, it passes at carrier handoff—even when we arrange shipping. The agreed terms, Gallery negligence and legal protections still apply. We may require identification or release authorization.
Third-Party Tools and Providers: The Site may use or link to Shopify, payment processors, shipping providers, analytics providers, maps, social-media tools, embedded applications, insurers, couriers, appraisers, framers, conservators, and other third-party providers. Their services may be subject to their own terms and privacy practices, and use of those services is at your own risk.	Outside Providers: Outside providers, such as payment processors and carriers, may have their own terms and privacy practices. You use their services at your own risk, subject to the applicable terms and law.
Submitted Materials and User Content: If you send comments, reviews, photos, documents, provenance materials, artist submissions, appraisal materials, or other content, you represent that you have the necessary rights and permissions to do so and that the materials are not misleading, unlawful, or infringing. You authorize the Gallery to use, store, review, reproduce internally, and process those materials for customer service, recordkeeping, shipping, insurance, legal review, appraisal review, consignment review, purchase inquiry, and related Gallery operations.	Materials You Send: You must have permission to send us files, images, reviews or other materials, and they must not be misleading or unlawful. You allow us to use and keep them internally for Gallery services, transactions and related records.
Appraisals, Estimates, and Related Services: Appraisals, estimates, valuations, collection documentation, and related services are professional opinions based on information available at the time of review. They are not guarantees of sale price, authenticity, insurability, investment outcome, tax treatment, or third-party acceptance. Remote reviews based only on photographs or client-supplied information are preliminary unless confirmed otherwise in writing. Fees, scope, intended use, deposits, cancellation terms, and permitted reliance are governed by the applicable engagement.	Appraisals and Estimates: These are professional opinions based on available information. They do not guarantee authenticity, future sale price, eligibility for insurance, tax treatment or acceptance by someone else. Photo-only reviews are preliminary unless we confirm otherwise. Your engagement sets the fees, scope, cancellation terms and permitted use.
Unauthorized Physical Submissions: Do not ship, mail, courier, drop off, leave, or deliver artwork, photographs, certificates, frames, or other property to the Gallery for appraisal, review, consignment, sale, framing, conservation, photography, storage, or related services unless the Gallery has expressly authorized receipt in advance. Unauthorized submissions may be refused, returned, or held, and the sender or owner may be responsible for related costs, loss, damage, customs, brokerage, storage, handling, and return shipping.	Before Sending Property: Get our approval before shipping or leaving artwork or other property with us. Unapproved items may be refused, returned or held, and you may be responsible for related costs, loss or damage.
Provenance, Authenticity, and Questionable Property: The Gallery may decline, pause, cancel, return, or seek further information where concerns arise about title, ownership, authenticity, attribution, provenance gaps, import/export compliance, sanctions, forgery concerns, stolen property, disputed ownership, or similar issues. Clients, sellers, consignors, and submitters must provide accurate information and disclose material facts that may affect review, service, or sale.	Ownership and Authenticity Concerns: Give us accurate information and disclose important facts. If ownership, authenticity, provenance or legal concerns arise, we may request more information, pause or decline a transaction, cancel it where applicable, or return submitted property.
Intellectual Property: The Site and its content, including text, graphics, photographs, artwork images, artist biographies, documents, layouts, policies, forms, marks, logos and software, are owned by or licensed to the Gallery or applicable rights holders and are protected by law. Purchase transfers ownership of the physical artwork only, once the agreed payment conditions are met. Copyright and reproduction rights remain with the applicable rights holder unless separately assigned in writing. Personal photography for private enjoyment is permitted to the extent the Gallery has authority to permit it. Reproduction or commercial use requires rights-holder permission, except where permitted by law.	Copyright: Buying the physical artwork does not buy copyright. Website content is also protected. Personal photography is permitted only to the extent we can authorize it. Reproduction or commercial use needs the rights holder’s permission unless the law permits it.
Privacy, Confidentiality, and Records: Personal information submitted through the Site, forms, email, appraisal intake, or service requests is governed by the Privacy Policy and applicable law. The Gallery may use and retain information and submitted materials for transactions, services, communication, fraud prevention, legal compliance, dispute response, and internal operations, and may share information with appropriate staff and service providers where necessary.	Privacy and Records: Our Privacy Policy and applicable law govern personal information. We keep and use information for purchases, services, communication, fraud prevention and legal obligations, and share it with appropriate staff or providers where necessary.
Gift Certificates: These terms apply to purchased dollar-value gift certificates issued by West End Gallery Ltd. Gift certificates do not expire and have no inactivity fees. You may use a certificate as partial payment for a purchase that costs more than its balance and pay the difference by another accepted method. Any unused balance remains available for future purchases. Treat your gift certificate like cash. Replacement is not guaranteed. The Gallery may replace a lost or stolen certificate after verifying entitlement and the unused balance and cancelling the original. For balance inquiries or replacement requests, quote the certificate/invoice reference and contact West End Gallery Ltd., 10337 124 Street NW, Edmonton, AB T5N 1R1; art@westendgalleryltd.com; 780-488-4892.	Gift Certificates: No expiry or inactivity fees. Use all or part of the balance, keep unused value, or pay the difference on a larger purchase. Keep the certificate safe. We may replace it after verification and cancellation of the original, but replacement is not guaranteed. Contact the Gallery for balance inquiries.
Artwork on Approval: Available only by Gallery agreement, with a signed approval agreement and payment security before release. Unless another period is agreed in writing, approval lasts 48 hours from client receipt; the exact deadline is recorded. Extensions may be confirmed in writing, including on paper. Return must be in the same condition as release; existing characteristics and artist-created irregularities are not client-caused damage. Gallery pickup must be agreed, with any service fee agreed in advance. The Gallery provides no insurance during client custody; clients must confirm full-value coverage for borrowed artwork with their insurer. The signed agreement requires payment of the affected artwork's full agreed purchase price plus applicable tax for loss, theft or damage during the client's responsibility period, including repairable damage. For an overdue return, the Gallery sends a final written notice giving 24 hours and stating the exact deadline and amount before a charge under the agreed authorization and processor requirements. Written extensions and agreed pickup arrangements take priority. Collection is subject to prompt unpacking and inspection. Clients remain responsible for damage occurring during their responsibility period, not existing condition features or damage caused by the Gallery. Ownership transfers after full cleared payment; damaged artwork then belongs to the client in its damaged condition. The signed approval agreement controls the detailed arrangements. Rights that cannot legally be excluded remain unaffected.	On Approval: Time: Normally 48 hours from receipt. Your signed agreement shows the exact deadline. Extensions must be confirmed in writing, including on paper. Insurance: We do not insure artwork in your custody. Confirm full-value coverage for borrowed artwork with your insurer. Loss or damage: You owe the affected artwork's full agreed purchase price plus applicable tax for loss or damage during your responsibility period, including repairable damage, even if insurance does not pay. Existing characteristics and artist-created irregularities are not client-caused damage. You are not responsible for damage caused by the Gallery. Return and pickup: Return it in the same condition as release. Gallery pickup must be agreed; any pickup or retrieval fee must be agreed before the service. Meeting the agreed pickup conditions means a Gallery scheduling delay alone does not make you late. Inspection: Collection does not confirm condition. We inspect promptly after unpacking and notify you promptly of concerns. You remain responsible for damage occurring before collection, not new Gallery handling damage. Overdue return: We send a final written notice giving 24 hours, with the exact deadline and amount, before charging under your payment authorization and processor requirements. Written extensions and agreed pickup arrangements take priority. Ownership: Once full payment clears, the artwork is yours, including in its damaged condition. We do not have to repair client-caused damage. Your signed agreement sets out the details. Rights that cannot legally be excluded remain protected.
Shipping, Returns, and Exchanges: The Shipping Policy and Return & Exchange Policy explain the ordinary-goods rules and should be read with the accepted quote and sale terms. Shipping is charged as quoted; if expressly marked estimated, the final shipping charge requires approval before booking. Additional charges require purchaser agreement. Purchasers arrange transit insurance unless the Gallery expressly agrees in writing to arrange it. All artwork shipments are sent signature-required. Unless expressly included, destination import VAT, customs duties, tariffs, brokerage and customs-clearance fees are the purchaser's responsibility; Gallery-collected taxes are identified in the quote. Ordinary goods are final sale except where required by law. Discretionary exchange or store-credit requests must be made in writing within seven calendar days of the invoice or Bill of Sale date for in-gallery purchases, or delivery for shipped purchases; a request does not guarantee approval. Separate exclusions and condition requirements apply. Damage should be reported promptly, preferably within 48 hours; missing that request does not by itself remove statutory rights. Exceptional accommodations remain discretionary and do not change the policy, transit-risk allocation or create a precedent.	Shipping and Returns: Shipping is charged as quoted. An expressly estimated charge needs your approval before booking; extra charges also need agreement. You arrange transit insurance unless we agree in writing to arrange it. Artwork shipments require a signature. Unless included, you pay destination VAT, duties, tariffs and clearance fees. Ordinary goods are final sale except where the law requires otherwise. You may request a discretionary exchange or credit within seven calendar days of the invoice/Bill of Sale date for in-gallery purchases, or delivery for shipped purchases; approval is not guaranteed. Exclusions and condition rules apply. Report damage promptly, preferably within 48 hours; missing that request alone does not remove legal rights.
Liability, Indemnity, and Governing Law: To the fullest extent permitted by law, the Site and general services are provided as-is and as-available. For a sale, the Gallery's total liability arising from the sale will not exceed the purchase price, and the Gallery will not be liable for indirect, incidental, consequential, special or punitive damages. Service-specific liability terms remain governed by the agreed engagement. You agree to indemnify the Gallery for claims arising from breach of these Terms, unlawful conduct, infringement or misuse, to the extent permitted by law. Nothing in these Terms excludes or limits liability, rights or remedies that cannot legally be excluded or limited. Alberta law and applicable federal Canadian law govern, subject to non-excludable consumer rights.	Liability and Alberta Law: As far as the law allows, our liability for a sale is capped at the purchase price and we exclude the listed indirect and other damages. Separate service terms govern service liability. You agree to cover claims arising from your breach, unlawful conduct, infringement or misuse, to the extent permitted by law. Rights and liabilities the law protects remain unaffected. Alberta law and applicable federal Canadian law govern.
Entire Agreement, Versioning, and Policy Changes: These Terms and expressly applicable website policies govern Site use and general interactions. For a sale, the accepted quote, the terms supplied with it and separately agreed written terms form the agreement. Services, layaway and approval transactions follow their separately agreed terms. Later changes to a sale require written agreement by both the purchaser and Gallery. We may update website terms prospectively by posting a new version; a website update, later invoice or receipt does not automatically replace terms accepted for an existing transaction. Keep the issued accepted quote and transaction records.	Changes and Existing Agreements: Keep your accepted quote and terms. Later website updates, invoices or receipts do not automatically change your sale agreement. Sale changes require both parties’ written agreement. Approvals, layaway and services follow their separate agreed terms.
Related Policies and Contact Information: These Terms work alongside the Bill of Sale & Terms and Conditions of Sale, Return & Exchange Policy, Shipping Policy, Privacy Policy, Gift Card Terms, Artwork on Approval Policy, and Art Appraisal Terms. Questions may be sent to art@westendgalleryltd.com or 780-488-4892, or directed to West End Gallery Ltd., 10337 124 Street NW, Edmonton, Alberta, Canada T5N 1R1.	Contact and Related Policies: Read the policies relevant to your transaction. Contact art@westendgalleryltd.com, 780-488-4892, or the Gallery at 10337 124 Street NW, Edmonton, Alberta, T5N 1R1.
Quote and Acceptance: For the ordinary quoted-sale process, the Gallery supplies a quote and sale terms before acceptance. The quote shows the reply deadline. The 48-hour response period starts at the record date shown in the quote; sending or reprinting it does not restart the period. The purchaser may accept by sending an acceptance email or expressly confirming acceptance by phone before the deadline. The Gallery documents phone acceptance and sends written confirmation. Payment is requested after acceptance. Email response links compose a message; opening a link alone does not accept the quote. A request for changes is not acceptance. The Gallery will confirm whether it can accommodate the request and provide a revised quote where needed. Contact the Gallery for a renewed quote after expiry.	Accepting a Quote: Accept by email or phone before the displayed deadline. The quote’s 48-hour clock runs from its recorded issue date; sending or reprinting does not restart it. We record phone acceptance and confirm it in writing. Opening an email link or requesting changes does not accept. We request payment after acceptance. Ask for a renewed quote if it expires.

Related Policies: Bill of Sale & Terms and Conditions of Sale, Return & Exchange Policy, Shipping Policy, Privacy Policy, Gift Card Terms, Artwork on Approval Policy, and Art Appraisal Terms.

The Basics column summarizes the Full Policy; read both together. For a sale, the accepted quote, accompanying terms and separately agreed written terms govern. Later changes require both parties' written agreement. Non-excludable rights remain unaffected.