HDC Terms of Use

In a nutshell here is HDCanvas Your Photo On Canvas summary:

  • HDCanvas.ca respects your ownership rights to your photos and images. Photographs and artwork submitted during the order process remain the property of the copyright holder. We will only use your images to create custom photo art for you. HDCanvas.ca will not reproduce such images without permission from the copyright holder.
  • HDCanvas.ca respects copyright laws. It is impossible for us to check the ownership of every image therefore it is your sole responsibility to ensure that you have the necessary authorizations and/or permissions to use the images. Please do not use other peoples copyrighted work!
  • Your uploaded photos and images are stored on a secure server. We hold on to them for 4 weeks in case reprints are required. Thereafter they are deleted from our server forever. With that said if you have a bestselling image and want us to store it for ease of reordering let us know through the comment section on the order form. The image will be stored using the invoice number as an identifier and will be deleted after 12 weeks of inactivity.

FULL TERMS & CONDITIONS

  • Welcome to the HDCanvas.ca website. By accessing this website, you agree to be bound by the Terms & Conditions and it is further agreed and understood that the Terms & Conditions constitutes the complete contract between HDCanvas.ca and you. If you are using our services on behalf of a entity, that entity accepts these terms. If you do not agree to all of the Terms, do not use the website &/or Services.
  • In the event of any inconsistency or conflicting agreements, promises or representations, it is understood and agreed that the Terms & Conditions below  shall prevail.
  • HDCanvas.ca may make changes at its own discretion to these Terms & Conditions. Your continued use of the Website &/or Services following the posting of such changes will constitute your agreement to all such changes. If you disagree with the changed Terms & Conditions your only option is to terminate your use of the website.

Terms & Conditions of Sale between HDCanvas and its customers

SUBJECT OF AGREEMENT AND ELIGIBILITY

  • The subject of this Agreement is the production of prints of images submitted by the customer to HDCanvas.ca via an online interface or other means and the manufacturing of printed, custom made canvas prints and other photo print products thereof by HDCanvas.ca and subsequent shipment of finished products to the customer.
  • By using our website &/or service, you certify that you are at least 18 years of age and that you agree to be bound by the terms and conditions. If you are not at least 18 years of age, you may not place an order on the website. HDCanvas.ca does not knowingly make sales to customers under the age of 18.
  • HDCanvas.ca is entitled and reserves the right to use third parties to provide certain services accessible through the website &/or other means, including but not limited to shipping of products. HDCanvas.ca does not control those third parties or their services, and you agree that HDCanvas.ca will not be liable to you in any way for use of such services.

QUOTATIONS AND ORDERS

  • All documented quotations automatically expire 14 days from the date quoted. The quotations are for reference purposes only, are neither an offer to sell nor imposing any obligations or liability.
  • Any product or descriptive specification on the website and quotations are approximations only and shall not be deemed to form part of any contract or condition of the provided services. Any specification deviation of supplied products are acceptable as per industry standard tolerances and variations. HDCanvas.ca reserves the right to modify these Specifications at any time prior to the execution of any Sales Agreement between customer and HDCanvas.
  • HDCanvas.ca reserves the right to accept or decline any customer order in whole or in part within 20 days.

PRICE & TERMS OF PAYMENT

  • HDCanvas.ca invoices shall be due for payment immediately and shipments shall only be made against advance payment. All payments shall be in Canadian Funds and must be made directly to HDCanvas in accordance with the selected payment options.
  • The prices listed on the website for the Products are subject to change without notice and are listed without taxes or shipping costs, these will be added to the final invoice.
  • HDCanvas reserves the right to correct, at any time, any invoicing errors, including calculation errors, which may have occurred.
  • Invoice objections notices must be received within 20 days, after that the invoice will be deemed irrevocably accepted by the customer.

DELIVERY OF GOODS AND PERFORMANCE OF SERVICES

  • For large international orders HDCanvas.ca shall deliver EX Works, if the customer cannot carry out directly or indirectly the export formalities HDCanvas.ca shall deliver FCA. A negotiated terms and condition of sale will be provided with the quotation, contact HDCanvas.ca directly for more information.
  • Because of variations in equipment, paper, inks and other conditions, reasonable variations in color between the original submitted digital image and the print produced must be expected. HDCanvas cannot guarantee 100% exact color matches. For large orders, we use your specific PANTONE® colors and even then slight color variations will be noticeable but they will be very close to the sample package provided . By placing your order with us you are accepting these conditions of sale. No claims will be granted by HDCanvas.ca for slight color variations.

ACCEPTANCE OF GOODS AND SERVICES

  • Delivery: Delivery dates as stated on the invoice or quotation are estimates, HDCanvas shall not be liable for any delay in delivery of the product regardless of the reason for delay.
  • Inspection: All products delivered under the Sales Agreement shall be subject to the customers right of inspection and acceptance upon delivery. HDCanvas.ca warrants that the products are free from manufacturing defects for a period of 10 days after delivery. The customer agrees to inspect all materials received within that 10 days. Failure to do so shall constitute irrevocable acceptance of goods by the customer after the warrant period.
  • Defective Material: If the product proves to be defective or not as ordered, the customer must notify us of such defect within the ten day warrant period. The customer agrees to send an email to info@hdcanvas.ca with the full details (defect must be documented with a photo) and provide a description of any alleged defect. In the event of a rejection as determined by HDCanvas, HDCanvas.ca shall either promptly replace the product, repair any defect or non-conformity or, at HDCanvas’s option, the issuance of a credit or refund for the purchase price of the defective or non-conforming product. You agree that the determination of whether a Product is Defective is within the sole discretion of HDCanvas.ca.
  • Return of goods: Due to the custom nature of the on demand products, no goods may be returned without written authorization from HDCanvas.ca. Acceptance of returns shall be at the complete discretion of HDCanvas.ca. Return shipping charges are borne by the customer on all returned goods, unless HDCanvas.ca agrees otherwise. Authorised returns are eligible for a full refund of the purchase price.

POINT OF OWNERSHIP TRANSFER

  • Title to and ownership of all goods shall not pass to Purchaser until payment of the purchase price and any additional costs has been made in full to HDCanvas.ca. Risk of damage or loss of the goods shall pass to the buyer upon due tender of goods for delivery at the FOB point.

CONTENT OF IMAGE FILES

  • The customer is solely responsible for the content of any materials he posts or submit through the website. You warrant and agree that while using the website, you shall not upload, post, transmit, distribute or otherwise publish through the website any materials which: (a) are unlawful, threatening, harassing, profane, obscene or pornographic; (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
  • You  warrant and agree, that you will not submit any content that infringes any patent, trademark, copyright or other intellectual or proprietary right of any party. The customer is liable for all consequences of violation of previously mentioned rights and indemnifies HDCanvas.ca in respect of any claims for copyright infringement.

YOUR COPYRIGHT

  • HDCanvas.ca respects the copyrights, real and implied, of photographers, artists and/or other copyright holders. HDCanvas.ca will not knowingly print and/or distribute images without the consent of the creator or owner of the copyrights. The copyrights in the photographs are owned by the photographers HDCanvas.ca warrants that Content and Images will not be used for any purpose other than the creation of custom goods for the customer. HDCanvas.ca makes no claim of ownership to any images uploaded to our servers by our customers. It is impossible for us to check the ownership of every image therefore it is your sole responsibility to ensure that you have the necessary authorizations and/or permissions to use the images.

CANCELLATIONS

  • Due to the custom nature of the on demand products, orders placed cannot be cancelled, without HDCanvas.ca written consent. The customer shall indemnify HDCanvas.ca in full for any cost incurred during the processing of your order.

LIMITATION OF LIABILITY AND EXCLUSION OF DAMAGES

  • HDCANVAS LIABILITY WITH RESPECT TO ALL CLAIMS OF ANY KIND, WHETHER BASED ON CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR ALL LOSSES OR DAMAGES ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THIS AGREEMENT, OR THESE TERMS AND CONDITIONS, OR FROM THE PERFORMANCE OR BREACH THEREOF, OR FROM ANY GOODS OR SERVICES COVERED BY OR FURNISHED UNDER THE AGREEMENT OR ANY EXTENSION OR EXPANSION THEREOF (INCLUDING REMEDIAL WARRANTY EFFORTS), IN NO EVENT WILL THE LIABILITY OF HDCANVAS OR ITS SUPPLIERS OR LICENSORS EXCEED THE PRICE YOU PAID FOR THE PRODUCT YOU PURCHASED. THE PRICE EXCLUDES THE COST OF SHIPPING OF ANY PRODUCTS TO YOU OR ANY TAXES OR ANY OTHER PAYMENT TO A THIRD PARTY. ALL SUCH LIABILITY SHALL TERMINATE UPON THE EXPIRATION OF THE WARRANTY PERIOD
  • IN NO EVENT, WHETHER BASED ON CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL HDCANVAS, ITS EMPLOYEES, AGENTS, SUPPLIERS AND AFFILIATES BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF ANY PROPERTY, COST OF CAPITAL, COST OF PURCHASED POWER OR ENERGY, COST OF SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, BUSINESS INTERRUPTION COSTS, DOWNTIME COSTS, INJURY TO PERSON OR PROPERTY OR DEATH, OR CLAIMS OF PURCHASERS OF PURCHASER FOR SUCH DAMAGES OR LOSSES, AND PURCHASER WILL INDEMNIFY HDCANVAS, ITS EMPLOYEES, AGENTS, SUPPLIERS AND AFFILIATES AGAINST ANY SUCH CLAIMS FROM PURCHASER’S PURCHASERS. IF PURCHASER RESELLS GOODS SOLD HEREUNDER TO ANY THIRD PARTY WHO IS NOT A CUSTOMER OF HDCANVAS, PURCHASER SHALL OBTAIN FROM SUCH THIRD PARTY A PROVISION AFFORDING HDCANVAS AND ITS SUPPLIERS THE PROTECTION OF THE PRECEDING SENTENCE.

INDEMNIFICATION

  • Customer shall indemnify, defend and hold harmless HDCanvas.ca from and against all claims, demands, causes of action (including third-party claims), losses, damages, expenses (including consequential and incidental damages, court costs and attorney fees) and liabilities of every kind and nature that HDCanvas.ca incurs as a result of unauthorized use of the products and/or your breach or alleged breach of these terms of this Agreement.

GOVERNING LAW

  • These Terms and any document relating thereto shall be governed by and interpreted according to the laws of the Province of Ontario and applicable federal laws of Canada, without reference to its choice of law rules and excluding the United Nations Convention on the International Sale of Goods, and either party shall bring any action that arises out of or relates the Sales Agreement and/or these Terms in any court in Toronto, Ontario, that has jurisdiction over the subject matter.

JURY WAIVER

  • These Terms and any document relating thereto shall be governed by and interpreted according to the laws of the Province of Ontario and applicable federal laws of Canada, without reference to its choice of law rules and excluding the United Nations Convention on the International Sale of Goods, and either party shall bring any action that arises out of or relates the Sales Agreement and/or these Terms in any court in Toronto, Ontario, that has jurisdiction over the subject matter.