Terms and Conditions – GiftHorse Gallery

Terms & Conditions

By accessing our website, you, the user, agree to the terms and conditions we set out here. These terms and conditions may change at our discretion any time, and without notice. All orders and purchases made through this site are also governed by these terms and conditions.

Prices may change without notice.

Use of and orders placed on this website are governed by the laws and the courts of the province of Ontario, and by the applicable laws of Canada. The user is also responsible for complying with these laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply.

We may correct errors or inaccuracies and change or update information on this website at any time without notice, including prices and item availability. All sizes and weights quoted are approximate. All prices listed are in US dollars and all charges will be processed in US dollars. All prices listed on this site are subject to confirmation. You agree to pay all charges payable for your order. We reserve the right to limit the quantity of items that you may buy. We also reserve the right to cancel orders at our discretion.

We will use commercially reasonable efforts to deliver items as quickly as possible, and within any time indicated. However, we are not responsible for delivery delays beyond our control. We will endeavour to notify users if delivery is delayed. All items are delivered by a third party, and delivery is governed by their shipping contracts. We reserve the right not to ship to certain addresses.

 

Copyright Considerations

All textual and graphic content on this site, its organization and presentation, and our organization and domain name are our property, and are therefore copyrighted by us. The materials on this site may not be copied, reproduced, posted, or republished in any way. They may be downloaded, displayed, or printed by the user for non-commercial and lawful personal use only. Otherwise, the republication or use of these materials on any other website without prior written consent from us is prohibited, and all rights are reserved.

The trademarks, logos, and service marks displayed on this site are registered and unregistered trademarks of GiftHorse Gallery and others, and so your own use of them is prohibited.

Images of people used on this site are used with permission or in accordance with applicable law. Reuse of them without permission may violate the privacy and publication rights of those persons.

Payment Terms; Orders; Quotes
Terms of payment are within GiftHorse Gallery's sole discretion, and unless otherwise agreed to by GiftHorse Gallery, payment must be received by GiftHorse Gallery prior to GiftHorse Gallery's acceptance of an order. Payment for the merchandise  may be made by credit card or PayPal. GiftHorse Gallery may invoice parts of an order separately. Orders are not binding upon GiftHorse Gallery until accepted by GiftHorse Gallery. Any quotations for custom work or commissions given by GiftHorse Gallery will be valid for the period stated on the quotation.

Shipping Charges; Taxes, Duties & Excises
Separate charges for shipping and handling will be shown on the invoice(s). Customers are responsible paying ALL applicable goods and services tax, sales and all other taxes, duties and excise charges etc., associated with the order, however designated, except taxes on GiftHorse Gallery's net income. If applicable, charges for taxes will be shown on the invoice. A handling fee of $3.00 is applied to each order.

Returns & Exchanges Policy
Gifthorse Gallery has a comprehensive Returns & Exchanges Policy which is part of our Terms & Conditions. Please follow this link for complete details.

Order Cancellation Policy
All orders are automatically uploaded to our secure merchant processor which incurs fees. If you cancel your order BEFORE it has been shipped, you will be assessed a 10% cancellation fee before credit is issued. If you cancel your order AFTER it has been shipped, the Return & Exchanges Policy above must be followed. Orders which are refused at delivery will be assessed all of the applicable fees listed above - including the return fee, our incurred shipping fees and a 15% restocking fee.

Exports
Customer acknowledges that the Products licensed or sold hereunder are subject to, and Customer agrees to comply with the export control laws and regulations of Canada and the United States and the Customer’s country of residence.

Using Linked Content

This site provides links to other websites. All those sites are independent from GiftHorse Gallery, and therefore we have no control over, and no liability for, those websites or their contents, or their use. We provide these links for your convenience, and you decide to access them at your own risk.

 

Our Liability

This website should be accessed and used at your own risk. Though reasonable efforts have been made to ensure the website is current and contains no inaccuracies or errors, no guarantees are made that the website's content will be error-free, accurate, complete or current at all or any times. When a mistake is noticed, we will correct it as soon as possible and make reasonable efforts to notify affected users. This may mean that orders not yet shipped may be cancelled.

We are not responsible for lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable connections, failed, incomplete, garbled, or delayed transmissions, online failures, hardware, software, or other technical malfunctions or disturbances, whether or not these circumstances affect, disrupt, or corrupt communications.

GiftHorse Gallery and our directors and employees are not liable for any damages arising out of or related to access to or use of our site, or sites we link to, whether or not these damages are foreseeable and whether or not we have been advised of the possibility, including, without limitation, direct, indirect, special, consequential, incidental or punitive damages.

This agreement between GiftHorse Gallery and you, the user, supersedes all prior agreements and understandings pertaining to this subject matter.

Gift Certificates
GiftHorse Gallery will not be liable for lost or stolen electronic or mail GiftHorse Gift Certificates.

Applicable Law; Not For Resale
Customer agrees to comply with all applicable laws and regulations of the various provinces and of Canada. Customer agrees and represents that it is buying for its own internal use only, and not for resale. GiftHorse Gallery has separate terms and conditions governing resales.

Headings
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

Force Majeure
GiftHorse Gallery shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.

Amazon.com Orders
Please note any items ordered via Amazon.com are subject to Amazon.com's Terms & Conditions and Policies. These are viewable on the Amazon.com website

Privacy Reminder
GiftHorse Gallery respects your privacy. To review a copy of our privacy policy outlining our collection, use and disclosure of your personal information, please visit our Privacy Policy page.