Terms and Conditions

Who we are

This website is owned and operated by Aquarelles Marie-Anne Schwab. These Terms set forth the terms and conditions under which you may use our website and the services offered by us. This website offers visitors the opportunity to view and purchase the artwork shown on this site. By accessing or using the website, you approve that you have read, understood, and agree to be bound by these Terms.

In order to use our website and/or receive our services, you must possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

Purchasing

When purchasing an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it including information relating to photographs of the artworks, dimensions, packaging, shipment and returns: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for purchasing our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax (if applicable) is available on the payments page.
 

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

Warranty

The products are unique works of art and are not subject to warranty.

Intellectual Property

The website and all materials therein or transferred thereby, including, without limitation,  images, text, graphics, logos,  copyrights, photographs, and all Intellectual Property Rights related thereto, are the exclusive property of  Aquarelles Marie Anne Schwab. 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.

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations.

Indemnification

You agree to indemnify and hold Aquarelles Marie Anne Schwab harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Aquarelles Marie-anne Schwab, 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 service.

To the maximum extent permitted by applicable law, Aquarelles Marie-Anne Schwab assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

Right to change and modify Terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will indicate the material changes that have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

Promotional emails and content

You agree to receive from time to time promotional messages from us, by, email If you don't want to receive such promotional notices – please just notify us at any time. 

Preference of law and dispute resolution.

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Canada and Québec, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Montréal. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.