PRINT TERMS & CONDITIONS
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1. INTERPRETATION
1.1 The definitions in this clause apply in the terms and conditions set out in this document:
“Force Majeure Event”
shall have the meaning given in clause 11.
“Goods”
the products that we are selling to you.
"Order"
your selection of the Goods from stock or display in our gallery or your order for the Goods as set out in our Sales Invoice
"Terms"
the terms and conditions set out in this document.
"We, Us, Our"
Jacquie Matechuk o/a Jacquie Matechuk Photography
"Writing"
or written includes faxes, text and e-mail.
"You"
the person, persons or body corporate which is buying Goods from us.
1.2 Headings do not affect the interpretation of these terms.
2. BASIS OF SALE
2.1. These terms, the order and our price list are considered by us to set out the whole agreement between you and us for the sale of the goods and supersede and extinguish all previous agreements, promises, assurances, representations and understandings between us. Please check that the details in the terms or on the order (where applicable) are complete and accurate before you commit yourself to the contract. We only accept responsibility for statements and representations made in writing by our authorized employees and agents. When you are ordering goods from us, please ensure that you read and understand these terms before you submit your order, because you will be bound by the terms once a contract comes into existence between us, in accordance with clause 2.5.
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2.2. Jacquie Matechuk Photography is not regulated by the financial conduct authority and is not authorized to offer advice on current and future investments, whether regulated or unregulated. If you are making investment decisions, you should seek advice from an independent financial advisor or other regulated professional. Jacquie Matechuk Photography (together with its affiliates, officers, directors and employees) provides no guarantee, warranty or representation as to the investment potential of the goods that it offers for sale.
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2.3. Any samples, descriptions or advertising created, and any descriptions or illustrations contained on our website or brochures, are issued or published solely to provide you with an approximate idea of the goods they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the goods.
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2.4. If any of these terms are inconsistent with any term of the order, the order shall prevail.
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2.5. The order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
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2.6. These terms shall become binding on you and us when:
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2.6.1. We issue you with a sales invoice; or
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2.6.2. We receive any partial or full payment towards an estimate or invoice; or
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2.6.3. We notify you that the goods are ready, whichever is the earlier, at which point a contract shall come into existence between us. Title to the artwork passes to you when the artwork has been fully paid for and you have been notified that your artwork is available for collection from the gallery or for delivery to you.
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2.7. Please quote the sales invoice number (where applicable) in all subsequent correspondence with us relating to your order.
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2.8. We have the right to revise and amend these terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the policies and terms in force at the time that you order the goods from us, unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
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3. THE GOODS
3.1. In accordance with your statutory rights, on delivery or the date upon which we notify you that the goods are ready for collection, as the case may be, the goods shall:
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3.1.1. Conform with these terms;.
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3.1.2. Conform in all material respects with their description and which match any sample or proof seen or examined by you, subject to any qualification or representation contained in the relevant brochures, advertisements or other documentation;
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3.1.3. Be of satisfactory quality;
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3.1.4. Be fit for purpose for use as indoor display artwork;
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3.1.5. Comply with all applicable statutory and regulatory requirements relating to the selling of such goods in Canada.
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3.2. For further advice about your statutory rights, including those set out in clause, please contact your local citizens’ advice bureau or trading standards office.
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3.3. If you are returning goods to us pursuant to your statutory rights, please take note of the return’s procedure at clause 6 below.
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3.4. These terms apply to any repaired or replacement goods we may supply to you pursuant to your statutory rights.
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3.5. It is your responsibility to examine your goods carefully for any damage and to contact us as quickly as possible should any defects be identified on delivery, in order that we can take the necessary steps to repair, replace, or if necessary, refund the goods. We therefore request that upon receipt of your goods you remove all packaging and inspect the goods closely to ensure that they are in good condition. Should you be less than satisfied with the quality or condition of the goods or any aspect of the framing (if applicable), you should advise us no later than 14 working days after taking possession of the goods. Any delay to you notifying us might impact upon our ability to rectify the issue for you. This clause 3.4 does not affect your statutory rights.
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3.6 items displayed on our website or imagery of artwork provided to you may appear different in person than on an electronic screen or device. For this reason, we recommend where possible that if you are seeking a precise colour, finish or size of artwork that you should endeavour to view your artwork in person. We cannot be held liable for the precise colour, finish or other variables that may be due to differences caused by different devices.
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4. WARRANTY
4.1. We, Jacquie Matechuk Photography of, Cochrane, Alberta , T4C1A8, warrant that for a period of 6 months from the date of delivery or the date upon which you are notified to collect, as the case may be, any goods purchased directly from us or which originate from us and which are covered by this warranty will be free from material defects or non-working parts.
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4.2. If you discover a defect or if any part stops working within the above warranty period, please contact us by telephone at 01-403-862-4566, by email at sales@broughttolife.ca or by post to Customer Services department, Jacquie Matechuk Photography, P.O. Box 833, Cochrane, Alberta, Canada, T4C1A8 providing your name, address, phone number, email address, order details, order number and proof of purchase and details of the defect or issue. Please note that provision of proof of purchase is a condition of this warranty and any warranty claim may not be successful without it. We may also require photographs showing the condition of the item.
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4.3. Claims on the warranty must be made within the warranty period, we do not accept claims on the warranty made after the warranty period even if the issue arose during the warranty period. This warranty is not a substitute for insurance, and you should make sure that the items covered by the warranty are properly insured against normal risks for their full replacement value.
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4.4. After you have provided to us all of the warranty claims details required by us, we will ask you to return the item covered by the warranty to us or (at our option) we will arrange return shipping on your behalf or collection from you. Where we arrange return shipping or collection then any damage caused during shipping is at our risk. If you arrange the return, please make sure you insure for the full replacement value, as any damage caused during shipping is at your risk. You must ensure that the packing used for shipping is adequate to protect the items from damage during the return shipping to us.
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4.5. If the issue is covered by this warranty, we will either (at our option):
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4.5.1. Repair the item and return it to you at our cost; or
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4.5.2. Replace the item with the same or equivalent item; or
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4.5.3. Provide you with a full or partial refund for the item,
in each case we will also refund to you any reasonable return delivery charges which you have incurred.
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4.6. If the issue is not covered by this warranty, we will contact you to see how you wish to proceed. For example, we may still be able to repair the item for a reasonable charge. Returning the item to you where the issue is not covered by the warranty is at your cost, unless we agree otherwise.
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4.7. In respect of any repaired or replacement item that we may supply to you under this warranty, this warranty shall continue to apply to the repaired or replaced item for the remainder of the original warranty period.
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4.8. This warranty only applies to end customers based in the North America.
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4.9. This warranty only applies to end customers who are the first end-customer in relation to the items covered by the warranty when it is purchased new. This warranty is not transferable, and so this warranty will not apply to any subsequent buyers or owners or if you are buying an item second hand. However, if the item is given to you as a gift (e.g. birthday or wedding present) by someone who purchased it new for that purpose, then this warranty will apply to you as long as you can provide all the information needed to claim on the warranty and demonstrate that it was given to you as a gift.
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4.10. This warranty is in addition to your statutory rights and does not affect your statutory rights. For further advice about your statutory rights please contact your local citizens’ advice bureau or trading standards office.
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4.11. This warranty does not apply to items which are sold as imperfect items, such as but not limited to artist proofs.
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4.12. This warranty does not apply to any issues arising from fair wear and tear, damage caused after purchase, defective installation or hanging, damage from power surges, lightning, fire, heat, freezing, water, fluid or extremes of humidity, bleaching or discolouration due to strong light, ultraviolet light or sunlight, improper cleaning, chemical, electrolytic or other damage not due to a defect, not following our use recommendations, your failure to follow our instructions, including the instructions set out below or any other instructions provided to you, any discolouration, marking, scratching or aging over time (including in relation to items with a hand applied resin finish or resin coat) or the effects of any alteration or repair carried out without our prior written approval or any damage or fault which would be covered under normal contents insurance.
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4.13. You must not display items covered by this warranty in direct sunlight, ultra-violet light, direct or strong heat or in damp conditions or extremes of humidity. When cleaning, only use a light feather duster and avoid water or chemical based cleaners and also any abrasive cleaners. Please also ensure you follow all other instructions that we provide to you in relation to the items covered by the warranty.
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5. DELIVERY
5.1. You may collect the goods from us at one of our gallery locations by prior arrangement or, if specified at the point of order, we will arrange delivery of the goods to you. There will be an additional charge for home delivery.
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5.2. Delivery of the order will be completed when either we or our delivery agents deliver the goods to you, or we make the goods available for collection by you.
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5.3. We will take reasonable steps to meet any estimated delivery or collection date specified in the order or otherwise agreed by us in writing. However, occasionally this date may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new estimated date with you.
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5.4. We will take reasonable steps to pack the goods properly and to ensure that you receive your order in good condition.
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5.5. If you fail to take delivery of the goods within (7) seven calendar days of the date on which we notify you that the goods are ready then, except where this failure is caused by our failure to comply with these terms or by an event beyond your control:
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5.5.1. We will store the goods until delivery takes place and reserve the right to charge you a reasonable sum (currently $15 a day) after 7 days, to cover storage costs thereafter such as expenses and insurance; and
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5.5.2. We shall have no liability to you for late delivery.
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5.6. If you have not taken delivery of the goods within (14) fourteen calendar days of our notifying you that they are ready or whereby artwork has been reserved on an exclusive basis for a period over fourteen days, we may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the goods and, after deducting reasonable storage and selling costs, credit the balance to a client account held by us or charge you for any shortfall that may occur.
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6. RETURNS
6.1. We will ask you to return the goods to us or (at our option) arrange return postage on your behalf or collection and once we have checked that the goods are damaged, faulty or defective or otherwise do not conform with these terms, we will either (at your option):
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6.1.1. Repair the goods; or
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6.1.2. Replace the goods; or
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6.1.3. Provide you with a refund.
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6.2. Goods will not be accepted for return unless we are reasonably satisfied that they are damaged, faulty or defective or otherwise do not confirm with these terms.
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6.3. Goods to be returned by you to us must clearly show the order number on the packaging.
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6.4. You are responsible for arranging and paying for the return of the goods to us under this clause 6, but you may be able to reclaim these costs from us in the case of online orders. You accept the risk in the goods during shipping the goods back to us, where you have arranged the return of the goods to us.
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6.5. Where we have either arranged return shipping on your behalf or collection, we will accept the risk in the goods during shipping the goods back to us.
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7. CANCELLATION
7.1. If your order is taken online or in person at our business premises, you may cancel your contract only if production has not commenced. Once the order has been sent to the printer or gallery, the contract will no longer be eligible for cancellation. This right of cancellation does not, however, apply in the case of custom ordered goods made or commissioned to your specific order.
To cancel a contract, you just need to let us know that you have decided to cancel by contacting us by telephone on 01-403-862-4566, by email at sales@broughttolife.ca or by post to Customer Services department, Jacquie Matechuk Photography, P.O. Box 833, Cochrane, Alberta, Canada, T4C1A8. If you are e-mailing us or writing to us, please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date we acknowledge receipt of the e-mail or letter sent to us.
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8. TITLE AND RISK
8.1. The goods will be your responsibility from the first available point for delivery or from when you are notified that the artwork is available for collection from the gallery (and the artwork is fully paid for)
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8.2. Ownership of the goods will only pass to you when we receive payment in full of all sums due for the goods, including delivery charges, and delivery being available to be completed.
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9. PRICE AND PAYMENT
9.1. All RRPs stated in advertisements and brochures are the release prices and are likely to increase over a period of time.
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9.2. These prices do not include taxes.
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9.3. These prices exclude delivery costs, which may be added to the total amount due. If delivery costs are applicable, this will be made clear to you at the point of order.
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9.4. It is always possible that, despite our best efforts, some of the goods we advertise may be incorrectly priced. We will regularly check posted online prices, however, if the pricing error is obvious and unmistakeable and could have reasonably been recognized by you as a mispricing, we do not have to provide the goods to you at the incorrect (lower) price.
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9.5. Payment in cleared funds for all goods must be made at the time of order. We accept payment by money draft (supported by bankers card), cash, e-transfer and most debit and credit cards.
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9.6. We are not responsible for the collection, remittance and/or payment of any taxes, charges, levies, assessments or other fees of any kind imposed by any governmental or other authority in respect of the purchase, importation, sale, duties or distribution of the goods and these are and will remain your responsibility.
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9.7 items delivered to destinations outside Canada may be subject to taxes, fees, customs duty, levies, or other charges as a result of local legislation or customs formalities. These will be due before your items will be delivered.
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The recipient of your order is responsible for all customs formalities for the import of the items and will be required to pay any additional charges for international delivery, including import duty, formal customs entry, taxes, levies, and other charges that may be levied outside Canada. The recipient of the items, not the person placing the order, will typically receive a separate request for payment of these charges when the goods arrive in the country of destination. If you’re ordering items to be delivered to someone else, please ensure they’re aware that they’ll be responsible for these additional charges.
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9.8 To comply with anti-money laundering and counterterrorist financing requirements, we are likely to ask you for proof of your identity and may conduct searches or enquiries for this purpose for such regulated sales. We may also be required to identify and verify other persons, such as directors or beneficial owners. If information of this nature is not provided, this could delay your order.
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9.8.1 Where we ask for sight of documents to prove identity and to enable us to verify it, we will specify which documents we require such as a passport or other government issued id.
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9.8.2 We shall not be liable for any loss arising from or connected with our compliance with any statutory obligation which we may have, or reasonable belief we may have, to report matters to the relevant authorities under the provisions of the money laundering and/or terrorist financing legislation.
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10. ORIGINAL WORKS
Where we have commissioned and/or sold to you an original work of art then, no rights to exploit any intellectual property rights, whether by copying such work or licensing such work for reproduction or publishing such work in any format, including, but not limited to, sculpture, limited edition print, illustration, video or other form of artwork or advertising, is granted to you, nor should any such grant be implied or inferred. All such rights are expressly reserved to us, and we do not guarantee that any such rights either will or will not be exercised.
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11. LIMITATION OF LIABILITY
11.1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
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11.2. You acknowledge that in entering into this contract you do not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement or otherwise confirmed by us in writing.
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12. EVENTS OUTSIDE OUR CONTROL
12.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by events outside our reasonable control (force majeure event).
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12.2. A force majeure event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
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12.2.1. Strikes, lockouts or other industrial action; or
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12.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
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12.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
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12.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
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12.2.5. Impossibility of the use of public or private telecommunications networks.
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12.3. Our obligations under these terms are suspended for the period that the force majeure event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the force majeure event to a close or to find a solution by which our obligations under these terms can be performed despite the force majeure event.
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13. ASSIGNMENT
You may not transfer any of your rights or obligations under these terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these terms to another organization, but this will not affect your rights under these terms.
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14. INTELLECTUAL PROPERTY AND RIGHTS OF USE
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us. You are permitted to use this material only as expressly authorized by us or our licensors.
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You acknowledge and agree that the material and content contained within our website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
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17. COMPLIANCE WITH THE LAWS
The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website.
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whilst efforts are made to comply with website best practices and ensure that common standards are followed, if you require further assistance for accessibility or with any other form of access issue to our website or other materials, please contact our customer services team who will be glad to assist you.