TERMS AND CONDITIONS

PURCHASING ARTWORK FROM US IN PERSON, ONLINE OR FROM A DISTANCE

 

THESE TERMS

• These are the terms and conditions on which we supply the Artwork to you online and by distance.

 

1.2             Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Artwork to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. INTERPRETATIONS

 2.1   The definitions and rules of interpretation in this clause apply in this Agreement.

 

Artwork: any works of art (including but not limited to Bespoke Artwork,  Digital  Artwork  and/or Physical Artwork) supplied to you by MAUD Gallery (or its Partners) as set out in the written invoice issued by MAUD Gallery pursuant to clause 4.2.

Bespoke Artwork: physical or digital artwork commissioned in accordance with your instructions and specifications pursuant to clause 4.4.

Delivery: the artwork is delivered to you when:

 

1. in relation to Physical Artwork, you or someone appointed on your behalf  signs a proof of delivery notice (or such other delivery notice as deemed sufficient in Maud Gallery’s sole discretion); or
2. a third party delivery company accepts the Physical Artwork package for delivery to your Nominated Location.

Email Address: the email address you have provided to MAUD Gallery either via MAUD Gallery’s Website, by email, telephone or to the staff at MAUD Gallery.

Partners: those entities which have entered into joint venture agreements or such other joint venture relationship(s) with MAUD Gallery from time to time.

Nominated Location: a delivery location agreed between you and MAUD Gallery in writing following the issue of an Invoice (as defined in clause 4.2 below) to you.

Physical Artwork:  the Artwork selected by you and delivered to the Nominated  Location in  a physical form.

Layaway: is the term here in to describe a commitment to purchase, where payment is made over a series of payments and months, agreed upon at time of Contract. The initial payment is deemed the “deposit”

Website Artwork: the digital and physical Artwork as shown on our Website from time to time.

Website: www.maudgallery.com

 

2.2             When we use singular words, this includes plural words and when we use plural words this includes singular words.

2.4           “Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

 

3. INFORMATION ABOUT US AND HOW TO CONTACT US

 3.1           We are MAUD Gallery Inc (“MAUD Gallery”) a company registered in Alberta, Canada. Our company registration number is 2020921157 and our registered office is at 307,10643-124^th st Edmonton, Alberta Canada T5N 1S5

 

3.2             You can contact us by completing the ‘Contact’ form on our Website or by writing to us at office@maudgallery.com

 

3.3             If we have to contact you we will do so by telephone or by writing to you at the Email Address or postal address you provided to us in your order for Artwork.

 

4. ORDER

4.1             Any offer or acceptance of a quotation made by you will be deemed an offer to purchase the Artwork.

4.2             An offer or acceptance of a quotation will be deemed a binding agreement of sale in accordance with these terms only once MAUD Gallery sends a written invoice (“Invoice”)  to your Email Address.

 

 4.3             Any Artwork that has not been confirmed by an Invoice must be agreed in writing and signed by both parties. These terms are applicable to any additional sales made to you by Maud Gallery or its Partners.

4.4             If you wish to commission an order for Bespoke Artwork, please complete and send an email to us at  office@maudgaller.com . Once we have received your email we will contact you to discuss your instructions and specifications. Subsequently,  MAUD Gallery will contact you to confirm whether it can commission the Bespoke Artwork. If MAUD Gallery are able to commission the Artwork in accordance with your instructions and specifications, MAUD Gallery will send you a written Invoice (it is at this point that you will enter into a binding agreement of sale for the Bespoke Artwork). Please note that in respect of Bespoke Artwork, as it is entirely commissioned to your personal specification, your rights in relation to cancellation once MAUD Gallery has accepted your order is limited. You should ensure you are completely satisfied with your instructions and specifications set out on the Form before submitting it to us.

 

4.5    If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Artwork. The reason for not accepting your order could be one or more or the following:

4.4.1      the Artwork is unavailable.

 

4.4.2      we are unable to commission the Bespoke Artwork for any reason.

4.4.3      there are unexpected limits on our resources which we could not reasonably plan for;

4.4.4      a credit reference we have obtained for you does not meet our minimum requirements.

4.4.5      we have identified an error in the price or description of the Artwork; or

4.4.6      we are unable to meet a delivery deadline you have specified.

4.6             We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order. 

4.7             These terms and conditions apply solely for the promotion of Artwork in the Canada

 

5. ARTWORK

5.1             The images of any Website Artwork are for illustrative purposes only. Although we have  made every effort to display the colors accurately, we cannot guarantee that a device's display of the colors accurately reflects the color of the Website Artwork on your device.

5.2             The packaging of the Physical Artwork may vary from that shown in images on our Website.

5.3             You agree and acknowledge that all specifications and advertising issued by MAUD Gallery and Partners and any descriptions or illustrations contained in MAUD Gallery marketing materials are provided for the sole purpose of giving an approximate idea of any Artwork. Such descriptions which do not form a part of these terms and conditions, nor are they a part of these terms and this is not a sale by sample.

5.4             The Artwork purchased by you shall be specifically described in the Invoice provided by MAUD Gallery.

 

6. DELIVERY

6.1             Unless otherwise agreed by the parties in writing, delivery of the Physical Artwork or physical Bespoke Artwork shall be to your Nominated Location.

6.2             The Physical Artwork or physical Bespoke Artwork may be delivered framed or unframed.  The frame will encase the product and is separate from the actual delivery packaging. You acknowledge that the Physical Artwork or physical Bespoke Artwork is unique, rare and of high value and their value can be reduced by mere handling.

6.3             MAUD Gallery will use its reasonable endeavors to deliver the Physical Artwork or physical Bespoke Artwork by the agreed date, but that delivery is not guaranteed unless specifically stated.

6.4            If after a failed delivery of the Physical Artwork or physical Bespoke Artwork to you, you do  not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 9.2 will apply.

 

6.5            You must inspect the Artwork upon receipt and advise MAUD Gallery  of any defects immediately. MAUD Gallery shall respond to you as soon as reasonably practicable and may propose price reduction or replacement which must be agreed in writing by both parties.

6.6            The risk of loss or damage to the Artwork passes to you upon Deliver, unless you decide to decline “insurance” while in transit via 3^rd party delivery company, in such case the risk passes to you when the 3^rd party company takes possession of the package.

6.7         You acknowledge and agree that the obligation to insure the Artwork passes to you upon Delivery of the Artwork.

6.8        Where you request in writing that the Artwork be placed directly in the safe custody of another party on your behalf, Delivery shall be deemed to take place on the date the Artwork is transferred into safe custody of the other party.

 

7. YOUR RIGHTS TO END THE CONTRACT

7.1             Other than in relation to Bespoke Artwork (for which, please see clause 7.6 below),  your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

 

(a)       If what you have bought is faulty or mis-described you may have a legal right  to end  the contract (or to get the Artwork replaced or to get some or all of your money back), see clause 10;

            (b)       If you want to end the contract because of something we have done or have told you  we are going to do, see clause 7.2;

 

(c)        If you have just changed your mind about the product,  see clause 7.3.  You  may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of the relevant Artwork; or

 

(d)       In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.5.

 

7.2             If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Artwork (except for Bespoke Artwork) which has not been provided. The reasons are:

(a)      we have told you about an error in the price or description of the Artwork (except for Bespoke Artwork) you have ordered, and you do not wish to proceed.

(b)       there is a risk that delivery of the Artwork (except for Bespoke Artwork) may be significantly delayed because of events outside our control.

7.3             Other than in relation to Bespoke Artwork (for which, please see clause 7.6 below) you have a right to change your mind within 14 days of paying for the Artwork. If you contact us within this period, we will refund you in full (minus costs of return if applicable). For the avoidance of any doubt, you have no right to cancel an order for Bespoke Artwork or once you have downloaded Digital Artwork.

 

7.4             You acknowledge that once you download the Digital Artwork, you will lose your right to change your mind within 14 days.

7.5             Other than in relation to Bespoke Artwork (for which, please see clause 7.6 below)  even  if we are not at fault and you do not have a right to change your mind, you can still end the contract for Artwork (except for Bespoke Artwork) before it  is completed, but  you  may have to pay us compensation. A contract for Artwork (except for Bespoke Artwork) is completed when the Artwork is delivered (or downloaded) and paid for. If you want to end a contract before it is completed where we are not at fault, please contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for the Artwork (except for Bespoke Artwork) but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.

 

7.6             In respect of Bespoke Products, as they are made to your individual requirements, you will not be able to cancel your order for Bespoke Artwork once made or partly made (but this will not affect your legal rights as a consumer in relation to Bespoke Products that are faulty or not as described).

 

7.7            Specifically in respect to “layaway” purchases: payment amounts and length of time to complete payment will be agreed upon at the time of the contract and noted in the invoice. The initial “deposit” is considered non refundable to a maximum amount of 10% of the value of the Artwork, to compensate for “lost opportunity”

 

8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

8.1             To end the contract with us, please let us know within 14 days of Delivery of the Artwork (except for Bespoke Artwork) by doing one of the following:

 

(a)       Email. Email us at office@maudgallery.com  Please provide your name, home address, details of the order and, where available, your phone number and email address.

 

8.2             In relation to Physical Artwork, if you decide to end the contract with us you must deliver it back to us within 14 days of notifying us that you wish to end the contract with us.

 

8.3             If you end the contract for any reason after the link containing the Digital Artwork has been emailed to your Email Address we will deactivate the link as soon as you have informed us that you wish to end the contract, subject always to clause 7.4 above.

 

8.4       We will pay the costs of return:

(a)       if the Physical Artwork or Bespoke Artwork is faulty or mis-described; or

 

(b)       if you are ending the contract because we have told you of an error in pricing or description or a delay in delivery commitment, within our control.

 

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return and any insurance costs.

 

8.5             If 8.4(a) or 8.4(b) apply, we will refund you the price you paid for the Physical Artwork or Bespoke Artwork including delivery costs, by the method you  used for  payment.  However, we may make deductions from the price, as described below:

 

• we will reduce the refund by 10% of the cost of the Artwork for “lost opportunity” costs. This is considered the non-refundable deposit.
• We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Physical Artwork or Bespoke Artwork, if this has been caused by your handling the Physical Artwork or Bespoke Artwork in a way which would not, in MAUD Gallery’s sole opinion, be permitted in an art gallery. If we refund you the price paid before we are able to inspect the Physical Artwork or Bespoke Artwork and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
• The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. If we offer delivery of Physical Artwork or Bespoke Artwork at one cost but you choose to have the Physical Artwork or Bespoke Artwork delivered at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

 

8.6             Other than in relation to Bespoke Artwork, if you are exercising your right to change your mind then:

           

• In relation to requests to cancel an order for Physical Artwork, your refund will be made within 14 days from the day on which we receive the Physical Artwork back from you.

 

• In all other cases, your refund will be made as soon as possible and, in any case, within 30 days of your telling us You have changed your mind.

 

 

8.7 In the case of Bespoke Artwork, unfortunately, because each Bespoke Artwork is commissioned entirely to your specific requirements, you will not  be able  to cancel an order once it has been accepted by MAUD Gallery.

 

9. OUR RIGHTS TO END THE CONTRACT 

 

9.1             We may end these terms at any time by writing to you if you:

(a)       breach any obligation under these terms;

(b)       do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;

(c)        do not provide us with information that is necessary for us to provide the Artwork, for example, your address or email address; or

(d)       do not allow us to deliver the Artwork to you.

9.2             If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for any Artwork  (except for  Bespoke Artwork)  we have not provided but we may deduct or charge you reasonable compensation for the net  costs we will  incur as a result of your breaking of the contract. This would be in addition to the non-refundable “deposit”.

 

10. IF THERE IS A PROBLEM WITH THE ARTWORK

10.1          If you have any questions or complaints about the Artwork,  please contact us. You  write to  us at office@maudgallery.com

 

10.2          We are under a legal duty to supply Artwork that are in conformity with this contract.

10.3          If you wish to exercise your legal rights to reject Physical Artwork, we will collect the Physical Artwork or ask you to courier it back to us, whichever is the cheaper option.

11. PRICE AND PAYMENT

11.1          The purchase price shall be the price offered by MAUD Gallery and confirmed to you in the Invoice issued by MAUD Gallery. However, please see clause 11.8 for what happens if we discover an error in the price of the Artwork you order.

 

11.2          The purchase price excludes the cost of GST, sale, use, excise or similar duty which may be applied. Any additional costs or fees (for example packaging or delivery fees), duty or taxes applied will be billed to and paid by you as set out on the Invoice issued by MAUD Gallery.

11.3          All payment shall be made in Canadian Dollars (or other such currency as agreed in writing between you and MAUD Gallery from time to time) and the agreed price is  due in full at the time the offered price is accepted and confirmed by Invoice, unless agreed otherwise in writing.

11.4          You will have 10 days from the date of the Invoice to make payment in full, unless agreed otherwise, in which case our “Layaway” terms will apply see 7.7. We accept payment with all major credit cards or via electronic bank transfer (using such details as nominated by us from time to time or as set out on our Invoice).

11.5          Legal title of the Artwork will not pass to you until the accepted and confirmed price is paid in full by you and received by MAUD Gallery in cleared funds.

11.6          Any payment not paid in full in accordance with these terms will be subject to interest assessed on funds due at 2 percent per annum over “Bank of Canada” rate from time to time.

11.7          If the rate of GST changes between your order date and the date we supply the Artwork, we will adjust the rate of GST that you pay, unless you have already paid for the Artwork in full before the change in the rate of GST takes effect.

11.8          It is always possible that, despite our best efforts, some of the Artwork we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Artwork’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Artwork’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Artwork provided to you.

 11.9          If you think an Invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

 

12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

 12.1          If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

 

 12.2         We only supply the Artwork for domestic and private use. If you use the Artwork for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13. COMMUNICATION

 13.1          All notices shall be in writing and sent by registered post or email to the address of the recipient stated in any quotation, order or acknowledgement of order.

 

13.2          Notices shall be deemed to be received if sent by registered post, on the second day following the day of posting and, if sent by email or facsimile, on day of transmission (if sent before 4:00pm).

 

14. HOW WE MAY USE YOUR PERSONAL INFORMATION

 We will only use your personal information as set out in our Privacy Policy found on our website.

 

15. DISCLAIMER

15.1          MAUD Gallery is not authorized or regulated by any investment regulator. Works of art are not investments of a specified kind within the scope of the Financial Services and Markets Act 2000 nor are they controlled investments subject to Section 21 of the Financial Services and Market Act 2000 and the Financial Promotion Order. Any and all information provided by MAUD Gallery relates to the sale of works of art and their value. MAUD Gallery does not deal with “options”, futures or any regulated investments of a specified kind under the Financial Services and Markets Act 2000. No information provided should be deemed to constitute the provision of financial investment or other professional advice subject to regulation under the Financial Services and Market .

 15.2          The value of the Artwork and the income derived from it may go down as well as up and you may not receive back all the money which you invest.

 15.3          Any information relating to past valuation of the Artwork is not necessarily a guide to future performance.

 15.4          Fluctuations in the rate of exchange may have an adverse effect on the value or price of artwork.

 15.7          The information contained in our marketing materials, or the Website is not intended to be an offer to buy or sell securities, and our Website should not be regarded as an offer of solicitation to conduct investment business of any investment or activity regulated by the MFDA.

 

16. COPYRIGHT AND CONFIDENTIALITY

Copyright, trademarks, database rights and all similar rights in this website and marketing materials are owned by MAUD Gallery, its licensors or relevant third party content providers. You may use the information on our Website and reproduce it in hard copy for your personal reference only. Such information may not otherwise be reproduced, distributed, stored in a data retrieval system or transmitted in any form or by any means without the prior written permission of MAUD Gallery. Nothing in our marketing materials or on our Website should be considered granting any license or right under any trademark of MAUD Gallery or any third party.

 

17. WARRANTIES

MAUD Gallery makes no warranties, expressed or implied, except as specifically stated herein. Such warranties are in lieu of all other warranties, written or oral, statutory, express or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose.