Last Modified: August 15, 2020

Terms of Sale

These terms and conditions (these “Terms”) apply to the purchase and sale of art through canaryartwork.com (the “Site”).  These Terms are subject to change by Canary Artwork (referred to as “us”, “we”, or “our” as the context may require) without prior notice, in our discretion. 

1. Order Acceptance and Cancellation.

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order.  All orders must be accepted by us or we will not be obligated to sell the products or services to you.  We may choose not to accept any orders in our sole discretion.  After having received your order, we will send you a confirmation email with details of the items you have ordered.  You have the option to cancel your order at any time before we have sent your order confirmation email by us at stephanie@canaryartwork.com.

2. Prices and Payment Terms.

2.1 Prices.  All prices posted on this Site are subject to change without notice. The price charged for art will be the price in effect at the time the order is placed and will be set out in your order confirmation email.  Price increases will only apply to orders placed after such changes.  Posted prices do not include taxes or charges for shipping and handling.  All such taxes and charges will be added to your merchandise total and will be itemized in your order confirmation email.  We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

2.2 Payment Terms.  Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept [Visa and MasterCard] for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

3. Shipments; Delivery; Title and Risk of Loss.

3.1 We will arrange for shipment of the art to you.  You will pay all shipping and handling charges specified during the ordering process.

3.2 Title and risk of loss pass to you upon our transfer of the art to the carrier for delivery.  Shipping and delivery dates are estimates only and cannot be guaranteed.  We are not liable for any delays in shipments.

4. Returns and Refunds.

Because we sell fine art and high-resolution reproductions of originals, we cannot accept returns.  Therefore please be sure you love your artwork before purchasing.  You may visit us in person prior to purchase.  In person visits may be arranged by emailing stephanie@canaryartwork.com. 

5. Goods Not for Resale or Import. 

You represent and warrant that you are buying art from the Site for your own personal use only, and not for resale or export.  You may not act as a reseller of our art without our express written permission.

6. Intellectual Property Use and Ownership. 

Even after sale of an original work or reproduction, we remain the sole and exclusive owner of all intellectual property rights in and to each of the pieces of art we sell to you.  You do not and will not have or acquire any ownership of these intellectual property rights.  Specifically, Stephanie McDairmant retains all copyright and moral rights in the artwork you purchase.  Should you wish to destroy any art, you must surrender the artwork to us.

7. Force Majeure. 

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

8. Governing Law and Jurisdiction. 

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Indiana.  Any legal suit, action, or proceeding arising out of, or related to, the sale of our art must be instituted exclusively in the federal courts of the United States or the courts of the State of Indiana, in each case located in the City of Indianapolis and County of Marion.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

9. Severability. 

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

10. Entire Agreement. 

Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.