Terms and Conditions Policy
Terms and Conditions Policy
Updated on May 18, 2023
The headings used in this Agreement are included for your convenience, and will not limit or affect the terms listed herein.
This website, patpeter.ca, is owned and operated by Patricia Scarr and Peter Dorrins. In this agreement, the terms “we”, “us” and “our” refer to Patricia Scarr and Peter Dorrins.
Our website is hosted on Wix.com, Inc. (“Wix” or “Wix.com”) who provides us with the e-commerce platform that allows us to sell our products and services to you.
By accessing or using this website and using or receiving the services offered through it, including any items that you may purchase (collectively the “Website”), you (“you” and, together with all persons accessing the Website, collectively, the “Users”) indicate that you have read, you have understood and you agree to be bound by these Terms and Conditions (the “Terms and Conditions Policy” or the “Policy”) including additional terms, conditions and policies referenced herein, in every way with respect to this Website.
It is important that you read these terms and conditions carefully as they contain important information about your legal obligations, rights and other, including but not limited to, various indemnities, limitations and exclusions.
Your use of this Website is subject to these Terms and Conditions. If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not use, and must cease using this Website.
The most current version of this Policy can be viewed at any time on this page. We reserve the right to update, change or replace any part of this Policy by posting updates and/or changes here on the Website. It is your responsibility to check this page regularly for changes.
By accepting this Policy, you represent that you have reached the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to accept these terms and conditions as a binding agreement. You are not allowed to use this Website if doing so is prohibited in your country or under any law or regulation applicable to you. The use of the Website or the products or services therein for any illegal or unauthorized purpose is expressively prohibited.
You shall not upload or transmit viruses or worms or malware or any other type of malicious code on or through the Website.
We may immediately terminate your access to the Website or any of its services if any breach or violation of these terms and conditions occur. If you have knowingly uploaded or transmitted viruses or worms or malware or any other type of malicious code on or through the Website, legal remedies for any or all damages caused by this may be sought.
We reserve the right to permanently or temporarily deny access to the Website to any person at any time for any reason.
2 – Ownership of Intellectual Property, Copyrights and Logos
The Website and all materials therein or transferred thereby, including but not limited to, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, created by Patricia Scarr or Peter Dorrins, are the exclusive property of Patricia Scarr or Peter Dorrins.
For clarity, any physical items such as original works of art or reproductions of these or items in a numbered series of sculptures or similar that are purchased from the Website become the property of the purchaser, however all rights related to all forms of reproduction of these are the exclusive property of and are copyrighted by Patricia Scarr or Peter Dorrins unless they are subject to a separate agreement.
Except as explicitly provided herein, nothing in these terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
3 – Information
We cannot be held responsible for and liable for any errors that are included in the content of this Website, including, but not limited to, information that is not accurate, complete or current.
Please note that the information on the Website may contain spelling errors, grammatical errors, typographical errors, language translation errors, inaccuracies or omissions and may not be complete or current. These may relate to product descriptions, pricing, availability and other. We reserve the right to correct any of these, and to change or update information or cancel orders at any time without prior notice (including after an order has been placed).
We are under no obligation to update, modify or clarify any information in the products or services or on our Website, except as required by law. Also, the listing of any update date on the Website does not mean that the product or service information on the Website has been changed or updated.
4 – Website Products and/or Services
We have endeavoured to display as clearly and as representatively as possible the colors and images of our products and items that appear on our Website, subject to the limitations of the photographic equipment, imaging equipment and related processes. As such there may be minor tonal variations between the items and the images. Also, we cannot guarantee that the display of colours by your equipment will be accurate.
We reserve the right, at our sole discretion, at any time and without prior notice,
to limit sales of our products or services to any person, and in any jurisdiction or geographic area;
to limit the quantities of any product or service we offer; and
to discontinue offering any product or service.
Any offer of product or service made on this Website is void where prohibited by law.
Some products on our Website may be available in limited quantities.
5 – Commercial Terms
The prices charged for our products and/or for using our services are listed on the Website and are subject to change without notice.
All sales are final with certain exceptions as specified in our Exchange Policy.
When purchasing an item, you signify that,
you have read the full item listing before making a commitment to buy it;
you have entered into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process; and
if the items you have purchased are shipped to a jurisdiction other than Canada, then the payment of related customs duties and taxes for these items, including any brokerage fees, is your sole responsibility.
We reserve the right to change our prices or to correct pricing errors at any time without any notice. Additional information about the amount of sales tax is available on the Checkout page..
6 – Ordering and Billing
You agree to provide complete and accurate order information for all orders placed on our Website and, if the case should arise, to promptly update us with your other information, including your email address, credit card numbers and expiration dates, so that your transactions may be completed. Please see our Exchange Policy and our Shipping Policy for more details.
At our sole discretion,
we reserve the right to limit or prohibit orders that may appear to be from merchants, resellers or distributors;
we reserve the right to refuse any order you place with us; and
we may change, reduce and/or cancel quantities purchased per person, per household or per order.
If we modify or cancel an order, we may attempt to notify you by contacting you at the email address and/or billing address provided when the order was placed.
7 – Personal Information
transmissions over various computer networks; and
changes to adapt to technical requirements for connecting such networks or equipment.
8 – User Comments and Submissions
If, either at our request or at your sole discretion, you submit comments, suggestions, ideas, proposals or any other materials that are transmitted to us in any way (“Comments” or “comments”), you grant us the right, without limitation and at our sole discretion, to copy, edit, share, distribute, publish, translate and otherwise use these in any media.
We are not and shall not be obligated to:
respond to any Comments;
maintain the confidentiality of any Comments; or
pay compensation to anyone for any Comments that they provide.
In providing Comments, you agree that:
you are solely responsible for all Comments that you post and their accuracy;
you may not impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity;
your Comments will not include any viruses or worms or malware or any other type of malicious code;
your Comments do not violate the rights of third parties; and
your Comments will not contain any unlawful, racist, slanderous, defamatory, offensive, bullying or obscene material or similar.
We do not endorse Users leaving Comments on our Website and we take no responsibility and assume no liability for the statements made by third parties in User-generated content or elsewhere.
We may, but have no obligation to, monitor, edit or remove Users' content that we, in our sole discretion, believe to be unlawful, objectionable, offensive, abusive, threatening, defamatory, pornographic, obscene, racist or that infringes any intellectual property or this Policy.
9 – Promotional E-mails and Messages
You agree to receive, from time to time, promotional messages and information from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you do not wish to receive such messages or materials, notify us by e-mail at any time at email@example.com.
10 – Third Party Links
We may provide some third-party links on our Website that may direct you to websites that are not associated with us. You acknowledge and agree that:
we are not responsible for the availability of these third-party websites;
we are not required to review or assess any of the content of these third-party websites;
we do not guarantee or assume any responsibility for anything associated with or these third-party websites; and
you expressly release us from any liability arising from your use of any third-party websites.
11 – Other Prohibited Uses
In addition to any prohibitions previously mentioned in this Policy, you are prohibited from using our Website or its contents for illegal purposes, including but not limited to:
to submit false or misleading information;
to influence or incite third parties to carry out illegal acts or to take part in them;
to interfere with or circumvent security measures of our Website;
to collect or track the personal information of others;
to phish, spam, hijack, extort information, or any other item related to the internet (or any other resource or media); and
to commit any action for obscene or immoral purposes.
We reserve the right to terminate your use of our Website or its services for violating the prohibited uses.
12 – Disclaimer of Warranties and Limitation of Liabilities
Your use of, or your inability to use, the Website or products or services is at your sole risk. All products and services that may be provided to you through the Website are, unless otherwise expressly stated by us, provided “as is” and “as available” without any guarantee.
We do not warrant or represent that:
your use of the Website will be uninterrupted, timely, secure or error-free; and
the results that may be obtained through the use of the Website will be accurate or reliable.
Patricia Scarr and Peter Dorrins shall not be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, or for any other claim related in any way to your use of the Website or any product or service even if you have been advised of the possibility of their occurrence.
13 – Indemnification
To the maximum extent permitted by applicable law, in no event shall Patricia Scarr and Peter Dorrins be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the use of, or inability to use, the Website or products or services.
Notably Patricia Scarr and Peter Dorrins assume no liability or responsibility for any:
errors, mistakes, or inaccuracies of content;
personal injury or property damage, of any nature whatsoever, resulting from your access to or use of any of our products or services; and
any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Furthermore, by accessing or using the Website, you agree to defend, indemnify and hold harmless Patricia Scarr and Peter Dorrins from and against all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to your use of the Website, or your violation of this Policy or the rights of third parties.
14 – Invalidity or Unenforceability
If any provision of this Policy is declared unlawful, invalid or unenforceable by a court of competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from this Policy with such severance not to affect the validity and enforceability of any remaining provisions of this Policy and related policies.
15 – Termination
The terms and conditions in this Policy are effective until terminated by either you or by us, and the obligations and liabilities incurred by you prior to the date of termination shall survive the termination of this agreement for all purposes. You may terminate this agreement at any time by notifying us that you no longer wish to use our Services, wish to cancel your account or when you cease using our Website. You may do so at the following email address: firstname.lastname@example.org.
16 – Entire Agreement
This Policy, as amended from time to time, including but not limited to any and all documents, websites, rules, terms and policies referenced herein, constitutes the entire agreement between us and you with respect to the matters referred to in these Terms and Conditions and supersedes all prior versions of the Policy.
Any uncertainty in the interpretation of this Policy shall not be construed to the detriment of Patricia Scarr and Peter Dorrins.
17 – Waiver
Any failure by us to exercise or enforce any right or provision of this Policy shall not constitute a waiver of such right or provision.
18 – Applicable Law
This Policy, as well as any separate agreements through which we may provide products and services to you if they exist, shall be governed by and interpreted in accordance with the laws of the Province of Quebec, Canada and any disputes, actions or proceedings relating to this Policy or your access to or use of our Website must be brought before the courts of the Province of Quebec, Canada in the City of Quebec City, Quebec, Canada and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
19 – Contact Information
Any questions concerning this Policy should be sent to us at email@example.com.