User Agreement                                                                                                                                     
Legal Statement                                                                                                                                                     
Last updated July 1, 2005                                                                         


By accessing any area of http://www.bcartsonline.com , (“BCArtsOnLine”) or making a purchase from BCArtsOnLine, the user acknowledges this notice, and agrees to the terms and conditions set out below. If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access http://www.bcartsonline.com .

All orders and purchases made through the facilities of BCArtsOnline shall be subject to these terms and conditions. These terms and conditions may change from time to time without prior notice, at our discretion. Each time you use the BCArtsOnline site, the text of this agreement as it then reads will govern your use. Therefore, we urge you to read the Terms and Conditions carefully each time you use this site.


Proprietary Rights

Marlene Toth owns and operates the http://www.bcartsonline.com Web site. BCArtsOnline and domain names and logos are the property of BCArtsOnline. All other trademarks, product names, company names, domain names, words, slogans, digital images and photographs are the property of their respective owners.

The material contained on http://www.bcartsonline.com , including all portions of the web site, content, site design, text, graphics, and the selection and arrangement thereof are the property of BCArtsOnline.

No material from the BCArtsOnline, may be copied, reproduced, republished, posted, transmitted or distributed in any way. The user may print, in hard copy, portions of the web sites only for the purpose of ordering from one of the Web Stores. The use of any such material for any other reason, without prior written permission from BCArtsOnline is strictly prohibited.


PROHIBITED OR UNLAWFUL USE

You warrant to the BCArtsOnline that you will not use this Internet Site for any purpose that is either unlawful or prohibited by the Terms and Conditions. You agree not to use this Internet Site in any manner which could cause it to be disabled, damaged, overloaded, or impaired or interfere with any other person's use and enjoyment of this Internet Site. You may not misrepresent your identity or location as a user and you may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Internet Site.

RULES FOR ONLINE CONDUCT

If there is a feedback area, you agree that you will not post any of the following material: Material that defames, abuses or threatens others. Statements that are bigoted, hateful or racially offensive. Material that advocates illegal activity or discusses illegal activities with the intent to commit them. Unauthorized copyrighted material. Material that contains vulgar, obscene or indecent language or images. Advertising or any form of commercial solicitation. Statements or postings that violate the above terms will be deleted upon discovery.

LINKS TO OTHER INTERNET SITES

This Internet Site may contain links to other Internet Sites which are provided to you for your convenience. Please note that the provision of any links to other Internet Sites does not constitute an endorsement by the BCArtsOnline of such linked Internet Sites. All such other Internet Sites are wholly independent from this Internet Site and from BCArtsOnline. BCArtsOnline has no control or power over such other Internet Sites including their content. If you visit any of the linked Internet Sites, we urge you to review their respective terms and conditions of use as well as their policies on privacy and security.

PRIVACY

Your privacy is very important to us and we want to ensure you that we do not sell or rent your personal information to third parties.

The contact information you provide us with will be used to process your orders and to allow us to communicate with you. For accounting purposes we will also contact you to confirm receipt of your order.

Occasionally BCArtsOnline may send automatic announcements or promotional messages to previous customers. Such messages will always contain an unsubscribe option so you may indicate if you do not wish to receive any future offers.

Should you have any concerns regarding privacy on our site or should you wish to have your personal information deleted, please send a detailed description to marlenetoth@gmail.com  so we may address your concerns.

Shopping Online Terms and Conditions

Shopping online at BCArtsOnline may only be done by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our products are not available to children (persons under the age of 19). If you are under the age of 19, you can purchase products only in conjunction with, and under the supervision of your parents or guardians.

All prices listed are in Canadian dollars and all charges will be processed in Canadian dollars. Price and availability information is subject to change without notice.

BCArtsOnline reserves the right to limit the quantities of certain products which you can purchase.

Payment Methods

Ordering Online with us is safe and secure! We offer you a variety of payment methods. We use PayPal Portal which allows you to pay with major credit cards or with your PayPal account, as well as money orders and cheques.

All credit card orders must be shipped directly to the address of the person named on the credit card that is being used. If you wish to have an order sent to another address, you may use the cheque or money order option suggested below.

If you wish, you may also send us a money order or a personal cheque, (payable in Canadian or USA dollars). Personal cheques will delay your order, as we must wait for your funds to clear before we ship any merchandise. Please allow an additional 7-10 business days for shipping of your merchandise if paid by personal cheque. If you wish to use this method, contact marlenetoth@gmail.com directly and order by email.

Please include:

·         Name,

·         Mailing Address,

·         Telephone Number,

·         Item Number,

·         Item Description,

·         Quantity,

·         Price,

·         Total Price,

·         and any additional Comments you wish to make. 

BCArtsOnline reserves the right not to ship items ordered or purchased to certain addresses, at its discretion. In the event that we choose not to ship an item, you will be notified by email and any amount charged to your credit card account will be refunded.

Please note that BCArtsOnline is provided “as is” and should be accessed and used by you at your own risk. We apologize if erroneous information is reflected in any part of the site and will make every effort to correct it immediately. The information contained here is provided as a shopping source and we are not responsible for its use or misuse.

Disclaimers

Product Display

BCArtsOnline has made every effort to display accurately the products/services featured in it. However, the colours we use and the capabilities of your computer monitor will affect the colours you see on your screen. We cannot guarantee that your monitor’s display of any colour, texture, or merchandise details will be accurate. Some merchandise will also be original works of art and will not be exactly as shown, they will vary slightly from that displayed on the websites.

Please remember, however, that we unconditionally guarantee your satisfaction with any merchandise order. Our guarantee is simple: If for any reason you are not completely satisfied with your purchase, please notify marlenetoth@gmail.com  within 4 days of receipt of order for return instructions.

Website Errors or Omissions

BCArtsOnline attempts to provide the most recent, accurate, and reliable information on our site. However, there may be occasions when information featured may contain incomplete data, typographical errors, inaccuracies, or when an item featured is no longer in stock. BCArtsOnline does not warrant that the information accessible via this web site is accurate, complete or current. Any errors are unintentional and we apologize if erroneous information is reflected in merchandise price or item availability, or in any way affects your individual order. We reserve the right to correct errors and to update product information at any time without prior notice to you. Of course, we will make every effort to provide you with current prices at the time you place your order.

BCArtsOnline reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your Credit Card or PayPal account has been charged. If your account has been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your account.

Site Changes

In order to keep our site current, we frequently change the merchandise offered. This means that we cannot guarantee that an item displayed on a previous visit to this site will still be available when you visit again. BCArtsOnline reserve the right to make changes to the site without prior notice. Should you be unable to locate an item you saw on a previous visit to one of the sites, please contact marlenetoth@gmail.com and we will make every effort to meet your needs.

Shipping

We will ship all orders directly to the customer. Every reasonable effort will be made to ship the orders within seven days or the time specified on the site; however, you acknowledge and agree that BCArtsOnline will not be responsible for any delays in delivery, which are beyond our control. Where delivery is delayed, we will notify you as soon as possible.
On some orders, you may need to email the web store to clarify shipping methods and costs before you are able to finalize your order, especially on custom-made orders.

Returns

There is an Unconditional Guarantee on all products found in BCArtsOnline. If for any reason you are not completely satisfied with your purchase, please notify us within 4 days of receipt of order for refund, excluding original delivery charges. You will be given a return authorization number and instructions on how and where to ship the goods. Merchandise must be shipped prepaid with appropriate shipping documentation and insured (if over $100 in product value), and in the original or appropriate packaging.

Returned products must be in absolutely new and unused/unworn condition for refund. Absolutely no returns or refunds will be made for worn or used merchandise.
We are not responsible for any lost returned packages, so you must return them with appropriate shipping documentation and insurance, or you accept responsibility.

Limitation of Liability

BCArtsOnline and its directors, employees, agents, representatives, successors and assigns shall not be liable for any damages whatsoever arising out or related to access to or use of this website or any other website linked to this website, whether or not such damages might be foreseeable and even if BCArtsOnline is informed of their possibility, including without limitations liability for direct, indirect, special, punitive, incidental or consequential damages (including lost profits, lost savings, business interruption or loss of data or damage to property and claims of third parties). If any portion of this limitation is found to be invalid or unenforceable for any reason, then BCArtsOnline’s total liability to you shall in no event exceed One Hundred Canadian Dollars ($100) or the actual cost of your order.

INDEMNITY

You agree to indemnify, defend and hold harmless BCArtsOnline its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions or any activity (including negligent or wrongful conduct) related to your use of the Site.

Entire Agreement

The Terms and Conditions on this Site constitute the entire Agreement between you and BCArtsOnline, http://www.bcartsonline.comgoverning your use of the Site. This current Agreement supersedes all prior or contemporaneous communications, whether electronic, oral or written between BCArtsOnline and you with respect to such subject matter. You may also be subject to other terms and conditions when you access other sites or other portions of the Site (if specified). The failure or delay of the BCArtsOnline in exercising any right or remedy under the Terms and Conditions or elsewhere shall not constitute a waiver of such right or remedy. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Severability

These Terms and Conditions shall be deemed severable. In the event that any provision of the Terms and Conditions in this Agreement are held to be indefinite, invalid, illegal or otherwise voidable or unenforceable, the other parts of this Agreement will not fail on account thereof, and the balance of the Agreement will continue in full force and effect.

Governing Law and Jurisdiction

BCArtsOnline from its offices within the Province of British Columbia, Canada, controls http://www.bcartsonline.com . BCArtsOnline can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of British Columbia, by accessing the Web Site, the user agrees that all matters relating to access to, or use of, the Web Site, or any other hyperlinked web site, shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of the Province of British Columbia and acknowledges that the user does so voluntarily and is responsible for complying with local laws. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.