Effective Date: 1st day of January, 2024
These terms and conditions (the “Terms and Conditions”) govern the use of www.thegoodcanvas.com (the “Site”). This Site is owned and operated by Donata Delano.
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 is the property of Donata Delano and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Refunds and Exchanges
Custom Website, SEO and Branding Services: All sales are final after 24 hours. If within the first 24 hours you decide to cancel your order, please contact us here and include your order number. We do our best and understand that there are circumstances that are unforeseen and may need special arrangements. We will do our best to ensure all parties are satisifed if such might arise.
Original Art: All original art sales are final. Cancellations, exchanges and refunds are not available.
Art Prints: Exchange & Return Policy: All Art Print sales are final. We are not able to offer refunds or returns as all prints are “made to order”. We do allow exchanges only within 7 calendar days from the date of delivery for prints in undamaged condition. You may exchange a print for another print of equal or greater value. Buyer is responsible for all shipping charges associated with an exchange, paying any difference in price, and will be charged a 5% restocking fee based on the price of the original print(s) being exchanged.
Digital Products: Due to the nature of the product, there are no refunds on digital products, but please contact me if you’re not satisfied and we’ll work to create a happy resolution.
Frames and framed artwork are currently only available in Canada, US and Mexico and parts of Europe and Australia.
Cancellation & Exchange Policy: All frames and framed artwork are final sale. Refunds, returns and exchanges are unavailable as all frames are made to order. Framed artwork orders can only be cancelled if we have not yet submitted your frame order and/or artwork to our framer for fulfillment. Framed artwork orders are sometimes sent to our framers immediately so there is no guarantee you will be able to cancel or make changes to your frame(s) and/or artwork(s) order once you place your order. Due to the costs associated with every order, regardless if it has been fulfilled, you will be charged a 5% cancellation fee based on the total cost of your framed artwork order.
Return Policy: We are unable to accept any returns for frames. All frames and framed print sales are final sale.
Lost, Damaged, or Stolen Policy: Any damaged, lost, or stolen frames and/or framed artwork must be reported within 14 days of delivery. When reporting damage you must share your order number, photos of the damage, and photos of the exterior and interior view of the packaging that the artwork/frame arrived in. Damaged, lost, or stolen frames and/or framed artwork will be replaced. No refunds will be given.
Damaged Frame Disposal Policy: In the instance that a replacement frame is issued, our framer requires that damaged frames be disposed of by the recipient and to provide photographic evidence of doing so.
Cancellations
If you change your mind, please contact me within 24 hours of your order to cancel your item for a full refund. For custom orders, services and commissions, I do not accept cancellations or refunds 24 hours after purchase.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
- Harass or mistreat other users of our Site;
- Violate the rights of other users of our Site;
- 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;
- Act in any way that could be considered fraudulent; or
- Post any material that may be deemed inappropriate or offensive.
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.
Rights
The Good Canvas ( Donata Delano) retains all rights to all artwork. This includes the rights to the image of sold & commissioned original paintings. The Good Canvas retains the right to make reproductions of any and all artwork it creates unless the collector has also purchased the full or partial rights to the artwork. To discuss purchasing the rights, contact us here. The collector or buyer may not reproduce the artwork in any way without written permission. If the artwork ends up being reproduced in a magazine or other media, we only ask for credit.
User Contributions
Users may post the following information on our Site:
- Public comments
By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.
Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site. The following goods are available on our Site:
- Art Prints
- Original Artwork; and
- Digital Downloads.
The following services are available on our Site:
- Custom Website Design
- SEO Services; and
- Branding Services.
The services will be paid for in full when the services are ordered. These Terms and Conditions apply to all the goods and services 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 and services 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 and services we provide. You agree to purchase goods and services 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.
User Goods and Services
Our Site allows users to sell goods and services. We do not assume any responsibility for the goods and services users sell on our Site. We cannot guarantee the quality or accuracy of any goods and services sold by users on our Site. However, if we are made aware that a user is violating these Terms and Conditions, we reserve the right to suspend or prohibit the user from selling goods and services on our Site.
Payments
We accept the following payment methods on our Site:
- Credit Card;
- PayPal,
- Swipe,
- Debit.
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:
- Courier Delivery. Delivery takes 3-10 business days, depending on your location.
- Standard (Regular Post). Delivery varies depending on location.
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen 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. In some instances, customs or duty fees may be required. 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. The Good Canvas does their best to ensure that all documentation required for quick and efficient international border entry occurs but is not responsible for unforeseen delays or costs. 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.
For additional questions and FAQs, please refer to our FAQs page.
Consumer Protection Law
Where the 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
Donata Delano and our directors, officers, agents, employees, 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 Donata Delano and our directors, officers, agents, employees, 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 violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the Province of Ontario.
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.
Please contact The Good Canvas if you have any questions or concerns. Our contact details are as follows:
Email: donata@donatadelanoart.com