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TERMS AND CONDITIONS

Please review the terms and conditions carefully before placing any orders or using the website

OVERVIEW

Welcome to CheersForArt! The terms “we”, “us”, and “our” refer to CheersforArt.com. The use of our website is subject to the following terms and conditions (the “Terms”). The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. By accessing or using any part of , you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to ALL the Terms or our Privacy Policy, you are not authorized to access our website, use any of our website’s services or place an order on our website.

1. USE OF OUR WEBSITE

You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems. You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your services.

2. ACCOUNT AND ADDRESS

You agree to maintain the confidentiality of your account and password, and for restricting access to your computer and/or other devices, and you agree to be accountable for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders based on our discretion.

You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy. 

You agree that we do not hold responsibility for any missing packages resulting from inaccurate or changed shipping addresses you provide. In such cases, we will not issue a refund.

2. COPYRIGHT

All content on our website is our property, including but not limited to website layout design, product images and descriptions. The purchase of any product does not provide the purchaser with any copyright or other intellectual property right in the product. You agree not to reproduce or duplicate of the product.

2. GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.  

We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We reserve the right to update, change or replace any part of the Terms. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes.

You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.

3. ACCURACY AND COMPLETENESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

4. PRODUCTS OR SERVICES

We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction. These restrictions may include orders placed under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by dealers, distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.

All purchases through our website are subject to availability. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not guarantee the accuracy of the color or design of the products on our website or on your monitor’s display. We have made every effort to ensure the color and design of our products are displayed as accurately as possible on our website.

We do not warrant that the quality of any products, services or information will meet your expectations, or that any errors in the service will be corrected.

4. PRODUCT PRICING

Prices displayed on our website are quoted in Canadian dollars (CA$) and/or US dollars (US$). The conversion rate is approximate and not live.

All descriptions and prices for our products are subject to change at anytime without notice, at the sole discretion of us.

5. PAYMENT TERMS

All online orders are prepaid by credit card or PayPal account. There are no terms or accounts available.

5. SHIPPINGS, RETURNS AND REFUNDS

Please view our Shipping and Returns Policy for more detail.  

We try to process your order within 3 business days , we do not warrant the processing time will not be delayed.

We do not warrant the shipping estimated delivery time is accurate and tracking system is responsive and error-free.

5. THIRD-PARTY TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Your use of any optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

6. THIRD-PARTY LINKS

Third-party links on our website are meant for convenience only.

We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Links to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

7. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership.

You agree that any Content submitted by you in response to a request by us for a specific submission or without a request from us may be edited, adapted, modified, recreated, published, distributed, translated and otherwise use in any medium by us at any time, without restriction. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.

You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party.

We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

8. PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please see our Privacy Policy to learn about how we collect, use, and share your personal information.

9. ERRORS, INACCURACIES AND OMISSIONS

While we strive to keep our site error-free and up to date, we cannot assume responsibility for errors, inaccuracies or omissions that may relate to product graphics, descriptions, pricing (including currency conversion related pricing), promotions, sizes, offers, availability, shipping charges and transition times or other items. We reserve the right to correct any errors, inaccuracies or omissions, to change or update information, and to cancel or refuse orders if any information on our website is inaccurate at any time without prior notice, and such changes will apply to items in your cart, wish list and/or your order, including after you have submitted your order or received an order confirmation from us.

We undertake no obligation to update, amend or clarify information on our website, except as required by law.

10. DISCLAIMER, LIMITATION OF LIABILITY

We do not warrant that our website is timely, secure, uninterrupted or error-free, that defects will be corrected, or that our website, its servers, or e-mail sent from the website are free of viruses or other harmful components.

We do not warrant that the results that may be obtained from the use of our website will be accurate or reliable.The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

In no case shall we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost savings, loss of data, replacement costs, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages.

Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

12. INDEMNIFICATION

You agree to defend, indemnify and hold harmless our website and its owners, partners, employees, affiliates, and attorneys from and against any and all losses, injuries, liabilities, claims, damages, expenses (including, without limitation, legal fees and other professional fees) in any way arising from, related to or in connection with your use of our website, your purchase of any product and/or service via our website, the delivery of products to a location specified by you, and/or your violation of the Terms, or the posting or transmission of any materials on or through our website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

13. SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

14. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

15. WAIVER

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

16. ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

The Terms, along with any documents explicitly referenced within them, constitute the full agreement between you and us regarding the subject matter covered by the Terms. They override any previous agreements, understandings, or arrangements, whether oral or written, between you and us. Both parties acknowledge that, by agreeing to these Terms, neither party has relied on any representations, commitments, or promises made by the other, nor implied from any prior communication, except as expressly stated in the Terms.

17. GOVERNING LAW

(These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Vancouver, BC, Canada.)

Any disputes arising from the Terms, the Privacy Policy, the use of our website, or the products or services offered on our website will be resolved in accordance with the laws of the Province of British Columbia, without considering its conflict of law rules. Any disputes, actions, or proceedings related to the Terms or your access to or use of our website must be brought before the courts of the Province of British Columbia, located in the City of Vancouver, and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

18. CHANGES TO TERMS

You can review the most current version of the Terms at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

19. CONTACT INFORMATION

For any questions about the Terms of Service, please contact us.

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