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TERMS AND CONDITIONS 

These terms and conditions (the "Terms and Conditions") govern the use of www.ainsleydack.com (the "Site"). This Site is owned and operated by Ainsley Dack. This Site is an ecommerce website. 

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times. 

Intellectual Property 

All content published and made available on our Site is the property of Ainsley Dack and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site. 

Acceptable Use 

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to: 

  • Violate the intellectual property rights of the Site owners or any third party to the Site. 

  • If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site. 

 

Sale of Goods And Services 

These Terms and Conditions govern the sale of goods and services available on our Site. The following goods are available on our Site: 

  • Artwork; 

  •  Print On-demand Merchandise; and 

  • Online Classes. 

 

The following services are available on our Site: 

  • Commissioned Artwork; and 

  • Online Classes. 

The services will be paid for in full when the services are ordered. 

These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk. 

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund. 

Payments 

We accept the following payment methods on our Site: 

  • Credit Card; 

  • PayPal; and 

  • Debit. 

 

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument. 

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction. 

Shipping and Delivery 

When you purchase goods from our Site, the goods will be delivered through one of the following methods: 

  • Standard delivery by post. Delivery takes 5 - 7 business days. Subject to change.

 

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and statutory holidays. 

You will be required to pay delivery charges in addition to the price for the goods you purchase. 

If you purchase goods from us for delivery to a destination outside Canada your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them. 

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.  

Refunds 

Refunds for Goods:

Refund requests must be made within 30 days after receipt of your goods. 

We accept refund requests for goods sold on our Site for any of the following reasons: - Good is broken; 

  • Good does not match description; 

  • Good is the wrong size; or 

  • Good does not meet the purchaser's expectations. 

Refunds do not apply to the following goods: 

  • Hand-painted Artwork. 

 

Refunds for Services:

  • Bookings are non-refundable after 48 hours of registration

  • Individual classes can be refunded in the event of illness or emergency if proof is provided

  • Classes on statuary holidays are optional

Returns 

Returns can be made by mail. To return a good by mail, follow the following procedure:

  1. Contact Ainsley Dack via email.

  2. Pack goods and ship at your own expense.

  3. Once Ainsley Dack receives the goods, your refund will be processed. 

 

Consumer Protection Law 

Where the Business Practice and Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply. 

Limitation of Liability 

Ainsley Dack and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site. 

Indemnity 

Except where prohibited by law, by using this Site you indemnify and hold harmless Ainsley Dack and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions. 

Applicable Law 

These Terms and Conditions are governed by the laws of the Province of British Columbia.

 

Severability 

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid. 

Copyright

All content on this website is the intellectual property of Ainsley Dack and is protected by the Copyright Act of Canada.

This website also contains copyright content unauthorized by the owner. The use of this content falls under the Fair Dealing section in the Copyright Act of Canada which can be read here:

Copyright Act (justice.gc.ca)

If you are the owner of copyright content seen on this website and take issue, please contact me and I will remove the content from this website.

Changes 

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site. 

Contact Details 

Please contact us if you have any questions or concerns. Our contact details are as follows: 

(250) 986-4446 

ainsleydack@gmail.com 

535 Niagara Street, Unit 308 

You can also contact us through the feedback form available on our Site. 

Effective Date: 7th day of March, 2022 

Refund/Return Policy
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