TERMS & CONDITIONS
FOR PURCHASING ELiXR’S ARTWORK
FOR PURCHASING ELiXR’S ARTWORK
A. PURCHASE AND DELIVERY
i. YOU ARE ACTING IN GOOD FAITH WHEN PURCHASING THIS ARTWORK AND ACKNOWLEDGE THAT ANY IMPERFECTIONS ARE PART OF THE CREATIVE PROCESS.
ii. PAYMENT MUST BE MADE IN FULL BEFORE ARTWORK IS DELIVERED OR SHIPPED.
iii. IF YOU ARE LOCATED WITHIN THE TORONTO/GTA AREA, PERSONAL DELIVERY CAN BE ARRANGED AND SHIPPING FEES WILL BE WAIVED.
iv. ELiXR SHALL NOT BE HELD LIABLE FOR ANY DELAYS IN SHIPPING OR DELIVERY RESULTING FROM UNFORESEEN CIRCUMSTANCES, SUCH AS NATURAL DISASTERS, STRIKES, OR CUSTOMS ISSUES.
v. ANY DAMAGE TO THE ARTWORK DURING TRANSIT MUST BE REPORTED WITHIN 48 HOURS OF RECEIPT. FAILURE TO DO SO WILL RESULT IN NO LIABILITY FROM ELiXR FOR THE DAMAGE.
B. CUSTOMER INFORMATION AND VERIFICATION
i. TO VERIFY YOUR IDENTITY, WE WILL CONTACT YOU USING THE PHONE NUMBER PROVIDED WITH YOUR ORDER. YOU AGREE TO HAVE PROVIDED ACCURATE AND UP-TO-DATE CONTACT AND SHIPPING INFORMATION.
ii. FOR AR ARTWORK PURCHASES, A PRIVATE LINK TO YOUR FILTER WILL BE SENT VIA EMAIL.
C. COPYRIGHTS AND USAGE
i. ALL COPYRIGHTS AND REPRODUCTION RIGHTS OF THE ARTWORK REMAIN WITH THE ARTIST, ELiXR.
ii. ELiXR RETAINS THE RIGHT TO USE IMAGES OF SOLD ARTWORK FOR PROMOTIONAL PURPOSES, INCLUDING BUT NOT LIMITED TO SOCIAL MEDIA, WEBSITE, AND PRINT MATERIALS.
D. WARRANTIES AND LIABILITY
i. ARTWORKS ARE SOLD AS-IS, WITH NO WARRANTY IMPLIED OR EXPRESSED.
ii. IN NO EVENT SHALL ELiXR BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES ARISING FROM THE PURCHASE OF THE ARTWORK.
iii. YOU ACKNOWLEDGE THAT COLORS AND DETAILS OF THE ARTWORK MAY VARY SLIGHTLY FROM THE REPRESENTATIONS ONLINE DUE TO DIFFERENCES IN SCREEN CALIBRATION AND LIGHTING CONDITIONS.
E. RETURNS, EXCHANGES, AND CARE
i. NO RETURNS OR EXCHANGES. EVER.
ii. BUYER AGREES TO PROPERLY CARE FOR AND MAINTAIN THE ARTWORK IN ACCORDANCE WITH ANY INSTRUCTIONS OR GUIDELINES PROVIDED BY THE ARTIST.
F. GENERAL TERMS
i. ELiXR RESERVES THE RIGHT TO REFUSE SERVICE TO ANY CUSTOMER AT THEIR DISCRETION.
ii. ALL DISPUTES ARISING FROM ANY PURCHASE SHALL BE RESOLVED THROUGH BINDING ARBITRATION IN TORONTO, ONTARIO, CANADA.
iii. ELiXR RESERVES THE RIGHT TO UPDATE OR MODIFY THESE TERMS AND CONDITIONS AT ANY TIME WITHOUT PRIOR NOTICE. YOUR PURCHASE OF ANY ARTWORK FOLLOWING ANY SUCH CHANGE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS AND CONDITIONS AS CHANGED.
iv. THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND ELiXR REGARDING THE PURCHASE OF THE ARTWORK AND SUPERSEDE ALL PRIOR OR CONTEMPORANEOUS COMMUNICATIONS AND PROPOSALS, WHETHER ELECTRONIC, ORAL, OR WRITTEN, BETWEEN YOU AND ELiXR WITH RESPECT TO SUCH PURCHASE.