GENERAL TERMS OF USE AND COPYRIGHT

UPDATED VERSION/Effective Date: 16th day of April 2021

These terms and conditions (the "Terms and Conditions") govern the use of www.ablambert.com (the "Site"). This Site is owned and operated by Anne Brochu Lambert. This Site is an art gallery /ecommerce website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Intellectual Property

All content published and made available on our Site, unless uploaded by the Users, is the property of Anne Brochu Lambert, our affiliates or other relevant third parties. This includes, but is not limited to images, audio, video, graphics, text, logos, documents, downloadable files and anything that contributes to the composition of our Site. By continuing on the Site you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights.

Acceptable Use

You may, for your own personal, non-commercial use only, do the following:

- Retrieve, display and view the Content on a computer screen

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

Violate the intellectual property rights of the Site owners or any third party to the Site;
Hack into the account of another user of the Site; or
Act in any way that could be considered fraudulent.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

Sale of Goods

These Terms and Conditions govern the sale of goods available on our Site. The following goods are available on our Site:

Original artworks and derivative products; and
Digital publications.

These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Payments

We accept the following payment methods on our Site:

Credit card, debit card ( through Stripe and Pay Pal)
PayPal

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Shipping and Delivery

When you purchase goods from our Site, the goods will be delivered through one of the following methods:

Canada & United States: Standard delivery by Canada Post or specialized carrier, is included in the sale price. Counting 5-7 business days but is often faster.

Western Europe and Northern European countries: Standard delivery by specialized carrier to these destinations entails a 33 Euros flat fee, for handling and shipping. Counting 10 business days.

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and statutory holidays.

You will be required to pay delivery charges in addition to the price for the goods you purchase.

If you purchase goods from us for delivery to a destination outside Canada your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

Refunds

Refunds for Goods

Refund requests must be made within 10 days after receipt of your goods.

We accept refund requests for goods sold on our Site for any of the following reasons:

- Good is noticeably damaged or broken.

Refunds do not apply to the following goods:

Goods without packaging;
Commission / Custom orders.

Returns

We do not accept exchange. Costs of return are the responsibility of the client. If the item is not in its original condition, any loss of value is the responsability of the buyer.

Returns can be made in person at the following location, by appointment :

To make appointment : art.ablambert@gmail.com

Atelier/Studio A.B. Lambert 3649 Mason Avenue Regina, SK Canada S4S 0Z7.

Returns can be made by mail /or specialized carrier :

To return a good by mail, follow the following procedure: The customer must insure to wrap the product securely – we recommended when possible using the original shipping packaging, or what a specialized carrier provides; the buyer will pay the necessary postage/fee to the carrier; the return must take place within 30 calendar days from the initial delivery.

Guarantees

The following guarantees apply to our Site:

- The artworks are created with the highest standards in mind, based on the know-how of the artist, and with quality materials (unless otherwise specified, when vintage materials are used in mixed media techniques).

Consumer Protection Law

Where the Business Practices and Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Links to Other Websites

Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.

Limitation of Liability

Anne Brochu Lambert and subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Anne Brochu Lambert and subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your

Applicable Law

These Terms and Conditions are governed by the laws of the Province of Saskatchewan, and Canadian federal laws.

Additional Terms

- Responsabilities limitations : when the product or the artwork is received and accepted, the artist is no more responsable for damages occurring to the item because of handling, storage, or incorrect installation. It is recommended that the artwork be hanged away from direct sunlight for long periods of time and avoid being exposed to high levels of humidity (e.g.: in a bathroom), or not being left exposed to temperatures lower than 10 degree Celsius. Note that encaustic based artworks have instructions included with their packaging for optimum enjoyment of the piece.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are :

art.ablambert@gmail.com
3649 Mason Avenue, Regina, SK, Canada, S4S 0Z7

You can also contact us through the feedback form available on our Site.