Terms & Conditions

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ORDERS 

Submitting an order constitutes an offer to purchase the selected products. 

An automated acknowledgement that an order was received does not necessarily constitute final acceptance where additional verification is reasonably necessary. 

An order may be subject to: 

• payment authorization; 

• inventory confirmation; 

• fraud screening; 

• product availability; 

• legal compliance; 

• and confirmation that the transaction can reasonably be fulfilled. 

We reserve the right to reject or cancel an order for a legitimate reason before fulfillment. 

If we cancel an order for which payment has already been collected, the applicable amount will be refunded in accordance with applicable law. 

 

ORDER REVIEW 

Customers are responsible for reviewing their order before submitting it. 

This includes reviewing, where applicable: 

• product; 

• size; 

• frame option; 

• quantity; 

• customization; 

• shipping address; 

• billing details; 

• and total charges. 

Customers will be provided with an opportunity during the checkout process to review and correct order information before completing the transaction. 

 

ONLINE CONSUMER AGREEMENTS 

Where applicable consumer law requires specific pre-contract disclosures, confirmation or cancellation rights, we will provide those rights as required. 

Customers purchasing online will be provided with transaction information through the checkout process and an electronic record or confirmation of the transaction. 

Nothing in these Terms limits a mandatory right provided by applicable consumer-protection legislation. 

 

PAYMENT 

Orders must be paid using a payment method accepted through the Website. 

Payment processing may be provided by an independent payment service provider. 

Payment providers and financial institutions may impose their own terms and conditions. 

Customers represent that they are authorized to use the payment method provided. 

We may take reasonable steps to verify transactions and prevent suspected fraud. 

 

FOREIGN CURRENCY 

Where prices are displayed or transactions are processed in a currency other than the customer's account currency, the customer's bank, card issuer or payment provider may apply its own exchange rate or fees. 

We do not control foreign-exchange rates or fees independently charged by financial institutions. 

 

SHIPPING POLICY 

All shipping and delivery matters are governed by our separate Shipping Policy, which forms part of these Terms and is incorporated into them by reference. 

The Shipping Policy contains the applicable provisions concerning: 

• processing; 

• carriers; 

• shipping rates; 

• international shipments; 

• customs; 

• import charges; 

• tracking; 

• delivery; 

• shipping restrictions; 

• address errors; 

• returned shipments; 

• lost shipments; and 

• transportation damage. 

Customers should review the Shipping Policy before completing an order. 

For matters specifically concerning shipping and delivery, the more specific provisions of the Shipping Policy will apply, subject to mandatory consumer law. 

 

RETURNS, REFUNDS AND EXCHANGES 

Returns, refunds and exchanges are governed by our separate Return & Refund Policy, where one is published. 

That policy forms part of these Terms. 

Different return conditions may apply to different product categories, including: 

• standard prints; 

• framed artwork; 

• original artwork; 

• limited editions; 

• customized products; 

• personalized products; and 

• commissioned artwork. 

Nothing in our Return & Refund Policy or these Terms removes a refund, cancellation, repair, replacement or other consumer remedy that applicable law does not permit us to exclude. 

 

OWNERSHIP OF PHYSICAL ARTWORK 

Purchasing an artwork gives the purchaser ownership of the physical product purchased. 

Ownership of a physical artwork does not transfer copyright or other intellectual-property rights in the underlying image, design or artwork. 

The owner of a lawfully purchased physical artwork may ordinarily display, gift or resell that physical item, subject to applicable law. 

 

COPYRIGHT 

Unless otherwise stated, artwork, designs, illustrations, photographs, graphics, logos, text, product photographs and other original Website content are protected by copyright and other intellectual-property laws. 

Copyright may belong to: 

• CannabisArt.ca; 

• the applicable artist; 

• a contributing creator; or 

• another identified rights holder. 

All rights not expressly granted are reserved. 

 

NO REPRODUCTION RIGHTS 

Purchase of artwork does not grant the purchaser permission to: 

• reproduce the artwork; 

• produce additional prints; 

• manufacture merchandise containing the artwork; 

• commercially distribute copies; 

• commercially publish the artwork; 

• license the artwork; 

• create commercial derivative works; 

• sell digital copies; 

• mint or issue digital tokens based upon the artwork; 

• or otherwise commercially exploit the artwork. 

Any commercial reproduction or licensing requires prior written authorization from the applicable rights holder. 

 

WEBSITE IMAGES 

Artwork images appearing on the Website are provided so customers can view and evaluate products. 

Website images may not be downloaded, reproduced or commercially distributed except where expressly permitted or where applicable law provides otherwise. 

Saving or copying an image from the Website does not transfer any ownership or intellectual-property rights. 

 

AUTOMATED SCRAPING AND AI USE 

Except where permitted by applicable law or expressly authorized by the applicable rights holder, Website content may not be systematically scraped, harvested or copied for commercial reuse. 

Artwork or Website imagery may not knowingly be incorporated into datasets for training, fine-tuning or developing commercial artificial-intelligence or machine-learning systems without permission from the applicable rights holder, except where such restriction is unenforceable under applicable law. 

 

FEATURED ARTISTS 

CannabisArt.ca may sell or display work created by independent artists. 

Copyright in such artwork may remain with the applicable artist. 

Purchasing artwork by a featured artist does not create a direct licensing, employment, agency or partnership relationship between the purchaser and that artist. 

Additional artist-specific terms may apply where clearly disclosed. 

 

WHOLESALE AND RESALE 

Retailers, galleries and other businesses may purchase artwork under separate wholesale, consignment or commercial terms. 

The lawful resale of a purchased physical artwork does not grant reproduction rights. 

A reseller must not manufacture additional products using the artwork without written authorization. 

Separate agreements may apply to wholesale or consignment transactions. 

 

CUSTOMER REVIEWS AND SUBMISSIONS 

Where customers are permitted to submit reviews, photographs, comments or other material, they represent that they have the right to submit that content. 

Customers must not knowingly submit content that is: 

• unlawful; 

• defamatory; 

• threatening; 

• fraudulent; 

• intentionally misleading; 

• infringing; 

• or malicious. 

By voluntarily submitting content specifically for publication, the customer grants us a non-exclusive permission to display that submitted material in connection with our Website, products and reasonable promotion of our business, subject to applicable privacy law. 

 

PROHIBITED WEBSITE USE 

Users must not: 

• use the Website for unlawful purposes; 

• commit or attempt fraud; 

• interfere with Website security; 

• introduce malicious software; 

• attempt unauthorized access; 

• impersonate another person; 

• submit fraudulent payment information; 

• infringe intellectual-property rights; 

• scrape Website content contrary to these Terms; 

• or interfere with the proper operation of the Website. 

We may suspend or restrict access where reasonably necessary to protect the Website, our customers, artists, intellectual property or business. 

 

THIRD-PARTY LINKS AND SERVICES 

The Website may use or link to third-party services including: 

• payment providers; 

• shipping providers; 

• social-media platforms; 

• analytics providers; 

• hosting providers; 

• and other websites. 

Third parties operate under their own terms, policies and privacy practices. 

A link or integration does not necessarily mean that we endorse or control the third party. 

We are not responsible for independent third-party services except where applicable law provides otherwise. 

 

WEBSITE ACCURACY 

We make reasonable efforts to maintain accurate Website information. 

However, occasional errors may occur concerning: 

• descriptions; 

• pricing; 

• availability; 

• photographs; 

• dimensions; 

• inventory; 

• or other content. 

We reserve the right to correct errors and update Website information. 

If a correction materially affects an existing order, we will handle the matter in accordance with applicable law. 

 

WEBSITE AVAILABILITY 

We do not guarantee that the Website will always operate without interruption. 

Access may be temporarily unavailable because of: 

• maintenance; 

• technical problems; 

• hosting interruptions; 

• security concerns; 

• software updates; 

• or circumstances outside our reasonable control. 

We may modify or discontinue Website features where reasonably necessary. 

 

PRIVACY 

Our collection, use and disclosure of personal information are governed by our Privacy Policy and applicable privacy law. 

Customers should review the Privacy Policy before providing personal information through the Website. 

 

ELECTRONIC COMMUNICATIONS 

Order confirmations, receipts and other transaction-related communications may be sent electronically where permitted by law. 

Customers are responsible for providing accurate contact information. 

Marketing communications will be handled separately and are subject to applicable consent and unsubscribe requirements. 

 

PRODUCT CARE 

Customers are responsible for reasonably caring for purchased artwork. 

Artwork may be affected by environmental conditions including: 

• direct sunlight; 

• excessive humidity; 

• moisture; 

• extreme temperatures; 

• smoke; 

• chemicals; 

• improper cleaning; 

• and unsuitable mounting or storage. 

Any care instructions supplied with a product should be followed. 

Normal deterioration caused by age, environmental exposure, misuse or improper storage is not necessarily a product defect. 

 

PERSONAL USE 

Unless otherwise agreed through a wholesale, commercial or licensing agreement, products are sold primarily for personal display, collection, gifting or other lawful personal purposes. 

Commercial display of a lawfully purchased physical artwork does not itself transfer the right to reproduce the underlying artwork for advertising, branding or merchandise. 

 

DISCLAIMER OF PROFESSIONAL ADVICE 

Website material is provided for artistic, informational and commercial purposes. 

Nothing on the Website constitutes: 

• legal advice; 

• medical advice; 

• health advice; 

• financial advice; 

• or professional advice concerning cannabis. 

Customers requiring advice concerning cannabis laws or import requirements should consult appropriate official sources or qualified professionals. 

 

NO REPRESENTATION REGARDING CANNABIS LEGALITY 

Cannabis laws differ throughout Canada and internationally. 

The appearance of cannabis-themed artwork on the Website does not represent that cannabis possession, consumption, cultivation, sale or distribution is lawful in a particular location. 

Customers are responsible for understanding laws applicable to their own conduct. 

CannabisArt.ca does not authorize or encourage violation of applicable cannabis laws. 

 

CONSUMER RIGHTS 

Nothing in these Terms excludes or limits statutory rights or remedies that cannot lawfully be waived. 

Consumers may have different rights depending upon where they reside. 

Where mandatory consumer law conflicts with these Terms, the mandatory law applies to the extent required. 

 

INTERNATIONAL CONSUMERS 

Customers outside Canada may have mandatory rights under laws applicable in their country or region. 

Where those laws legally apply to a transaction and cannot be excluded by contract, these Terms do not remove those rights. 

Customers may have statutory protections concerning matters such as: 

• product conformity; 

• defective goods; 

• cancellation; 

• refunds; 

• warranties; 

• and distance sales. 

 

 

EUROPEAN CONSUMERS 

Where European Union consumer law applies to a transaction, qualifying consumers may have statutory rights applicable to distance purchases. 

These may include rights concerning cancellation and defective or non-conforming goods. 

Exceptions may apply to customized, personalized or made-to-order products. 

Nothing in these Terms is intended to waive a mandatory European consumer right that cannot lawfully be waived. 

 

LIMITATION OF LIABILITY 

To the maximum extent permitted by applicable law, we are not liable for indirect, incidental, special or consequential losses arising from use of the Website or products where such liability may legally be excluded. 

Nothing in these Terms limits liability that applicable law prohibits us from limiting. 

Nothing in these Terms excludes mandatory consumer warranties, remedies or other non-waivable rights. 

 

MISUSE AND IMPROPER INSTALLATION 

We are not responsible for losses arising from unreasonable misuse, improper installation, negligent handling, unauthorized modification or use of a product for a purpose for which it was not designed, except where applicable law provides otherwise. 

This section does not apply to a defect that existed when the product was supplied or to liability that cannot lawfully be excluded. 

 

INDEMNIFICATION 

To the extent permitted by law, a person who unlawfully uses the Website, infringes intellectual-property rights, commits fraud or otherwise materially breaches these Terms may be responsible for reasonable losses or claims resulting from that conduct. 

This provision does not limit mandatory consumer rights. 

 

EVENTS OUTSIDE OUR REASONABLE CONTROL 

We are not responsible for a failure or delay caused by circumstances beyond our reasonable control where applicable law permits such limitation. 

Nothing in this section removes rights that applicable law requires us to provide. 

Shipping-related circumstances are governed more specifically by our Shipping Policy. 

 

FRAUD PREVENTION 

We may use reasonable measures to identify or prevent suspected fraudulent transactions. 

Where a payment dispute or chargeback occurs, we may provide relevant transaction records, communications and order information to the applicable payment processor or financial institution to the extent reasonably necessary and permitted by privacy law. 

 

CHANGES TO THESE TERMS 

We may update these Terms periodically to reflect changes in: 

• our Website; 

• our products; 

• our business practices; 

• applicable law; 

• or our policies. 

Updated Terms will be posted on the Website with a revised “Last Updated” date. 

The version in effect when an order is placed will generally apply to that transaction unless applicable law requires otherwise. 

 

SEVERABILITY 

If any provision of these Terms is found to be invalid, illegal or unenforceable, that provision will be limited or severed to the minimum extent necessary where legally possible. 

The remainder of the Terms will continue in effect. 

 

NO WAIVER 

Failure to enforce a provision of these Terms on one occasion does not constitute a permanent waiver of that provision or any other right. 

 

ASSIGNMENT 

Customers may not assign contractual rights or obligations relating to a transaction without our consent where such restriction is permitted by law. 

We may transfer rights or obligations in connection with a legitimate sale, merger, restructuring or transfer of the business, provided that doing so does not improperly reduce mandatory consumer rights. 

 

ENTIRE AGREEMENT 

These Terms, together with policies incorporated into them and any specific terms disclosed and accepted for a particular transaction, form the agreement between the customer and us regarding the applicable purchase or Website use. 

These may include our: 

• Shipping Policy; 

• Return & Refund Policy; 

• Privacy Policy; and 

• any specific custom-order, commission or wholesale terms. 

Where specifically negotiated written terms conflict with these general Terms, the more specific terms will govern that transaction to the extent of the conflict. 

 

GOVERNING LAW 

These Terms and transactions through the Website are governed by the laws of [Province/Territory], Canada, and the federal laws of Canada applicable therein, except where mandatory consumer law requires otherwise. 

Subject to any mandatory right allowing a consumer to proceed elsewhere, disputes concerning these Terms will be subject to the jurisdiction of the courts of [Province/Territory], Canada. 

Nothing in this section deprives a consumer of protections that cannot lawfully be waived. 

 

CONTACT INFORMATION 

Questions concerning these Terms may be directed to: 

CannabisArt.ca 

Canada