Terms of Use

 

Effective date: July 21, 2021

If you use this website ("the Site"), you are regarded as having accepted the following terms and conditions ("the Terms"), which include our Privacy Policy, so please read and abide by them.

Copyright
 

Your use of www.obsidiangrove.com (the “Site”) constitutes acceptance by you of all the Terms and Conditions of Use specified on this page.

This Site is owned and operated by Obsidian Grove and the information and materials appearing on the Site (“the Content”) are displayed for personal, non-commercial use only. All software used on this Site and all Content included on this Site including, without limitation, site design, text, graphics, audio and video and the selection and arrangement thereof is the property of Obsidian Grove or its suppliers and is protected by international copyright laws. None of the Content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder. Modification of any of the Content or use of any of the Content for any purpose other than as set out herein (including without limitation on any other website or computer network) is prohibited.

Use Of This Site
 

By using this Site, you represent and warrant that all information you submit is truthful and accurate; you are fourteen (14) years of age or older; and your use of the Site does not violate any applicable law. We reserve the right to terminate the accounts and remove the profiles of any users that we believe have breached these Terms and Conditions.

Links To Third Party Websites
 

The Site may include links to third party websites that are controlled and maintained by others. These links should not be interpreted as an endorsement by Obsidian Grove of the sites linked or referred to, nor does Obsidian Grove have any control over the content of any such sites. Obsidian Grove will not be liable for any loss or damage that may arise from your use of such websites.

Disclaimer


Every effort has been made to ensure that the information on the Site is as up-to-date as possible. Some details, however, such as website addresses, are liable to change.

The Site is provided by Obsidian Grove in good faith but Obsidian Grove does not make any representations or warranties of any kind, expressed or implied, in relation to all or any part of the Site or the Content or any websites to which the Site is linked, and all warranties and representations are hereby excluded to the extent permitted by law. There is no guarantee that the Site will be free of infection by viruses or anything else which may be harmful or destructive. To the extent permitted by law, Obsidian Grove hereby disclaims all liability (howsoever arising) in connection with any loss and/or damage, arising out of or in connection with any use of, or inability to use, all or any part of the Content, the Site and/or any website to which the Site is linked, or any action taken (or refrained from being taken) as a result of using any of these.

Terms And Conditions Of Sale and Purchase
 

Please read through the following Terms and Conditions carefully. They comprise the terms on which you are permitted to purchase the art related products that we make available on this Site (all referred to herein as “Art Products”). If you submit an order for any Art Products made available on this Site, this shall be taken to constitute acceptance by you of these terms.

If you wish to purchase any of the items for sale on this Site, you must complete the order form in this Site. Your order will not be accepted unless you place us in a position of being able to receive full payment for your order at the time we accept it. If we agree to accept your order, we will confirm this by email (the “Confirmation”) and will distribute the Art Products you have ordered to you in accordance with these terms.


We reserve the right to change these Terms at our discretion. Any changes will be posted to the Site and it is your responsibility to ensure, from time to time, that you are aware of any such changes. Changes will become effective 24 hours after first posting and you will be deemed to have accepted any change if you continue to shop on the Site after that time.


You acknowledge and agree that, in entering into a Contract, you do not rely on and have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to the Contract or not) which is not expressly set out or referred to in the Contract. This is not intended to limit or exclude liability for fraud on our part.

Art Products
 

Our Art Products may at times be offered in different bundles (multiple products sold together for a single price). These bundles are offered at our discretion. We will not make customized bundles at the request of you, the consumer.

Price


The price of the Art Products shall be the price quoted on this Site on the date you place your order, subject to any inadvertent pricing errors (whether technical or otherwise) by us, unless a special promotional price or other discounts are stated on the Site in respect of a Product or you use a valid discount code.


We reserve the right to revise the price of any items on this Site without notice. We also reserve the right to refuse to supply to you, whether you are an individual or company, for whatever reason.


Payment Terms
 

Credit card and debit card payments will be processed by Stripe or PayPal on the date on which we confirm your order.
 

The credit cards and debit cards that Stripe or PayPal will accept are those listed on Stripe and PayPal’s websites respectively here as at the date of your order.

Returns And Refunds
 

We do not offer any returns or refunds on our products.

However, if your shipment is lost or damaged during shipping, please let us know, and we will resend your order free of charge ONCE. If it happens again, you will have to repurchase the entire order at the price it currently is at the time of repurchase, not the time of the original order.

 

Intellectual Property


All intellectual property and other proprietary rights (including, but not limited to, brand names, product names, and copyright) and all technical, business or similar information (including, but not limited to, all designs, documents, and other materials relating to the Art Products) used in the Art Products (together “the Intellectual Property”) are and shall remain the property of us or of our licencors.


Other than as stated in the below paragraphs, we do not grant permission for the use of the Intellectual Property and such use may constitute an infringement of the holder’s rights.


All Site design, text and graphics appearing on this Site and the selection or arrangement thereof are the copyright of us or of our licencors. Permission is granted to print once in hard copy portions of this Site for the sole purpose of placing an order with or using this Site as a shopping resource. Any other use of materials on this Site (including reproduction for purposes other than those noted above and modification, distribution, or republication in any form or media) other than as set out in these terms or as expressly approved by us in writing is strictly prohibited.

Restrictions On Use Of The Art Products
 

(a) You may not distribute or transmit the Art Products over any network or communication link
(b) The Art Products are provided for your personal use only and may not be sublicenced or resold;
(c) You may not copy or modify the Art Products in any way;
(d) You may not remove any copyright or other proprietary notices contained in the Art Products.
(e) This permission granted to you may not be transferred to a third party, nor may you sublicence any of your rights under it.
(f) This permission is effective until terminated.

Limitations on Liability


We shall not be liable in respect of any defect in the Art Products arising from your neglect, failure to follow our instructions, misuse, or improper alteration or repair of the Art Products.


Nothing in these Terms shall exclude or limit our liability arising by virtue of the Canada Consumer Product Safety Act (CCPSA), or our liability for fraud or for death or personal injury caused by our negligence, or any other liability to the extent that we cannot so exclude or limit such liability as a matter of law.


Save as expressly provided in these Terms, the Art Products are provided on an “as is” basis and all warranties conditions terms and liabilities express or implied by statute or common law are excluded to the fullest extent permitted by law and we will not be liable to you for any loss of any kind whatsoever which arises out of the breach of implied warranties or conditions or breach of any other duty of any kind imposed on us by operation of law.


We will not be liable for any of the following losses which may arise by reason of any breach of a Contract or any implied warranty, condition or other term, any representation or any duty of any kind imposed on us by operation of law:


- any loss of anticipated profits or expected future business;
- damage to reputation or goodwill;
- any damages costs or expenses payable by you to any third party;
- loss of any order or contract; or
- any loss that was not foreseeable by you and Obsidian Grove at the time our Contract was formed; or
- any loss not caused by any breach on the part of Obsidian Grove.


Without prejudice to any other provision of these Terms, we will not be in breach of the Contract for any delay in performing, or failure to perform, our obligations under it if that delay or failure was due to any cause or circumstance beyond our reasonable control. This clause does not affect your statutory rights.

No Warranty


We are providing the Site on an “as is” basis and we make no representations or warranties of any kind with respect to the Site or its contents and disclaim all such representations and warranties.

General


Any notice required under these Terms will be sent through email. In our case it must be addressed to our contact email obsidiangrove@gmail.com. Any notices to you will be sent to your email address you have provided us either through your Account details or purchase details.


Any notice shall be deemed to be served:

 

- as soon as it is sent and can be proven to be sent by us (obsidiangrove@gmail.com) or you (the email you have provided us through your Account details or purchase details).


If any of these Terms are held by a court of law in any territory to be invalid, illegal or otherwise unenforceable, then, to the extent that it is held to be so, and with regard to the relevant territory only, that provision shall be severed and deleted from these Terms, provided that the remaining provisions of these Terms shall remain binding and enforceable and the severed provision shall also remain so in all other territories.


Each Contract shall be governed by Canadian law and the parties submit to the exclusive jurisdiction of the Canadian Courts if there are any disputes between them of any kind.


Failure or neglect by either party to enforce at any time any of these Terms shall not be a waiver of that party’s rights and it shall not affect the validity of the whole or any part of these Terms or the Contract or prejudice that party’s right to take subsequent action.


Nothing in these Terms is intended to confer on any third party any benefit or any right to enforce any of these Terms.

Changes To These Terms And Conditions


Obsidian Grove reserves the right to add to or change these conditions of use. Any changes will be posted to this page and it is your responsibility as a user to ensure that you are aware of any such changes from time to time. Changes will become effective 24 hours after first posting and you will be deemed to have accepted any change if you continue to access the Site after that time.

Account Information


We will store and use any of your information that you supply to us in accordance with our Privacy Policy.

Contact Us
 

If you have any questions about these Terms and Conditions, please contact us:

- By email: obsidiangrove@gmail.com
- By visiting this page on our website: https://www.obsidiangrove.com/contact