Last update of this Agreement – April 12th
I. Definitions of Terms
- “You” – “Your” – “Yourself” refer to the user of the Content, Product and/or Services provided by Artzy Retzo.
- “We” – “Our” – “Ours” – “Us” refer to Gigi Retzo and Artzy Retzo, the provider of the Site, Content, Products and Services.
- “Site” refers to the website ArtzyRetzo.com and any other website managed by Artzy Retzo.
- “Content” refers to all of the documentation, resources, information on our Site, in our newsletters, blog, and e-mails that are not necessarily part of a paid Service or Product.
- “Service” – “Services” refer to all or a portion of the services provided by us, including but not limited to commissions, consultations, coaching, research, preparation of submissions and proposals, organizing documentation, website assessments, website development, and website management.
- “Artwork” – “Artworks” refers to drawings, paintings, and any other artistic creation in any medium produced by Gigi Retzo, which are protected under copyright laws.
- “Product” – “Products” refer to Artwork created by Gigi Retzo and/or any objects derived from these copyrighted Artworks, including but not limited to photographs, prints, postcards, and colouring books.
- “Purchase” – “Purchases” refer to the act of requesting Product and demonstrating a commitment to paying it in order to obtain it.
- “Buyer” refers to the individual requesting a Product and demonstrating a commitment to paying it in order to obtain it, usually the same person as “You” once the user has decided to Purchase something on our Site.
- “Monthly Plan” refers to a paid Service that is provided by us on a regular and monthly basis (usually research for a fellow visual artist).
- “Member” refers to a user who benefits from a regular Monthly Plan with Artzy Retzo (usually a fellow visual artist who benefits from our Monthly research-related Plan).
- “Non-Member” refers to a user who does no currently benefit from a regular Monthly Plan with us.
- “Gigi Retzo” refers to the visual artist who produces the Products on our Sites; otherwise registered as number 2268595792 in the Registraire des entreprises du Québec. The same number is used to identify Artzy Retzo.
i. Links to Other Web Sites
ii. Collection of Personal Information
Personal Information is information about you that identifies you as an individual, for example, your name, address, e-mail address, or telephone number.
In order to provide our full range of Services and Products, we may collect the following types of information:
(a) Information you voluntarily provide
– When you sign up to our newsletter and/or to our Services and/or promotions that require registration, we ask you for personal information (such as your name and/or email address). For artist-related services, we may also ask for documentation relative to your art practice, including but not limited to biographies, artist statements, images, and project descriptions.
(c) Log information
– When you access our Site and/or Services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
iii. How We Use Information Gathered About Online Visitors
- Providing Products, Services and promotional material to our customers;
- Monitoring interest in our range of Products and Services; and
- Developing and improving our Products and Services.
iv. Promotional and Informational Offers
Information submitted at the time of registration and/or submission (i.e. to a contest or draw) may be used for marketing and promotional purposes by Artzy Retzo. If a visitor objects to such use for any reason, he/she may prevent that use, either by e-mail request or by modifying the registration information provided. We use reasonable efforts to maintain visitors’ information in a secure environment and to disclose as little as possible for promotional purposes. If you have submitted personal information and want to change it or opt-out, please contact us.
It is unlikely this clause would ever be used for anything else but to disclose a first name when drawing a winner as a story or post on Instagram.
v. Disclosure of Information
Artzy Retzo, in common with many web site operators, may use standard technology called “cookies” on it Site. Cookies are small data files that are downloaded onto your computer when you visit a particular web site. You can disable cookies by turning them off in your browser; however, some areas of the Site may not function properly if you do so.
vii. Protection of Children Online
We consider the protection of children’s privacy, especially online, to be of the utmost importance. We do not knowingly collect or solicit personal information from children nor do we knowingly allow them to Purchase and/or acquire Products, and/or to request Services and/or information through our Site.
vii. Additional Terms for Certain Websites
The following additional information applies to our Site that require registration. Generally, you are not required to provide personal information as a condition of using our Site, except as may be necessary to provide you with a Product and/or Service that you have requested.
viii. Protection of Information
We have put in place physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. We apply security safeguards appropriate to the sensitivity of the information, such as retaining information in secure facilities and making personal information accessible only to authorized individuals on a need-to-know basis.
ix. Storage of Information
Personal information you share with us is stored on our database servers at our data centers (in whatever country they may be located), or hosted by third parties who have entered into agreements with us.
x. Policy Change
IV. Shop and Products
i. Artworks and Products May Vary Slightly from Their Pictures
The images of the Artwork shown on our Site may vary slightly from the Artwork and/or derivative Products you purchase and/or receive. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Artwork and/or derivative Products. The Artwork and Products may vary slightly from those images.
- Purchases delivered within the territory of Canada will not be charged any shipping fees.
- Purchases delivered to the United States of America will be charged 10 CAD for purchases under 99 CAD. This fee is waived for purchases of 100 CAD or more.
- Purchases delivered to any other country will be charged 50 CAD for purchases under 250 CAD. This fee is waived for purchases of 251 CAD or more.
- The rates described in (a), (b) and (c) above are true, UNLESS shipping should cost us more than 50 CAD. In the event, that shipping the Purchased Product(s) should cost over 50 CAD, the rates described in (a), (b) and (c) would not apply, and the Buyer would be requested to cover the amount exceeding 50 CAD in order for the transaction to be fulfilled. In the event the Buyer does not pay for the exceeding amount within 10 days of receiving a notice to this effect, the Purchase may be cancelled and any payment received for the Purchase would thereby be reimbursed to the Buyer. In this scenario, the Product would remain ours.
- Products will only be shipped and/or transferred to the Buyer once full payment has been approved and deposited, including any relative shipping fees that may apply.
- Products may take up to a month to ship, even if our goal is to do so within a week of your Purchase. We are currently learning how to manage the production and online shop process. Plus, due to our dependence on third parties to create our Products, delays may be of no fault of our own.
- However, in the event that the shipping and/or transfer of the Product has not started within a month from the date of Purchase, the Buyer may request to be reimbursed in full for his/her Purchase.
iii. When You Become Responsible for the Product
The Product will be your responsibility from the time we deliver it to the address that was provided to us.
iv. When You Own the Product
The Buyer owns the Product once we have received payment in full, including all applicable delivery charges.
v. Import Duties and Taxes
The Buyer is responsible for payment of any import duties and taxes. Please contact your local customs office for more information before placing your order.
vi. International Regulations on Imported Artwork
You must comply with all applicable laws and regulations of the country for which the Product is destined. It is your responsibility to assure yourself that the Product can lawfully be imported. We will not be liable or responsible if you break any laws or regulations.
We do not currently charge taxes on any of our Products and Services, but this is liable to change at any time and may vary on where the Buyer is located at the time of Purchase.
viii. Accepted Payments
We reserve the right to refuse certain types of payments at any time. However, we usually accept payments by most Credit Cards, via Paypal, Direct Deposit, and in Cash. On occasion we may accept payments made by cheque at our sole discretion. An additional administrative fee of 50 CAD will be added to your amount owed to Artzy Retzo, if a cheque or other type of payment bounces. Certain types of payments may incur certain shipping and/or transactional delays, due to varying processing times. As stipulated in IV.ii.(e) “Products will only be shipped and/or transferred to the Buyer once full payment has been approved and deposited, including any relative shipping fees that may apply.” We thank you for your understanding.
ix. Cancellation Policy
We reserve the right to cancel any Purchase at any time without offering an explanation. In the event that a full or partial payment has been made to us for a cancelled Purchase, the payment would be reimbursed.
x. Returns and Reimbursements
All Purchases are final. If you are not happy with your Product and/or Service, we invite you to contact us, so that we may discuss ways to resolve the situation. Exception: In the event that the shipping and/or transfer of the Product has not started within a month from the date of Purchase, the Buyer may request to be reimbursed in full for his Purchase. If this ever happens, we sincerely apologize for the inconvenience.
xi. Currency Exchange
In the event, that we should make a reimbursement, we are not responsible for discrepancies that may occur due to fluctuating currency exchange rates and/or bank-related fees.
i. Content Ownership
Our Site, original Content, Products, Services, website design, features, and functionality are owned by us and protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You will not attempt to copy, modify, remove or obscure any of these elements. Purchasing any of our Products does not constitute a transfer of Copyrights. Attempting to copy, modify, use as your own, remove or obscure Copyright information of any original Artwork or derivative Product you may purchase or view through our Sites constitutes copyright infringement under Canadian and International law.
ii. Accuracy of Information
The information provided in our Content and via our Services is given in good faith and for informational purposes and interest only. It is subject to change without notice. We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via our Site, Content, Products and/or Services, and shall not be responsible or liable for any error or omissions in that information.
iii. Our Right to Make Changes
- Changes in relevant laws and regulatory requirements;
- Changes in how payment is accepted; and
- Changes in our return and refund policy.
iv. Terms Remain in Force if Parts of the Contract are Deemed Illegal
Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
v. Possibility for Variations and Amendments
vi. Which Law Shall Govern
In the event that a legal dispute should arise, you understand that the governing law in the Agreement shall be the one in the province of Quebec, and all hearings must occur in the legal jurisdiction of Montreal, Quebec, Canada.
That being said, we think that your money and time (not to mention ours!) is far better invested elsewhere than at court and on attorneys. We are open to discussions and negotiations in the event of a discord. More often than not, discords are merely a matter of clarifying misunderstandings. Please don’t hesitate to contact us, so that we may try to remedy to any concerns and issues before the situation becomes unbearably frustrating for any or all involved parties!