Terms and Conditions
The following Terms and Conditions (“Terms”), as may be amended from time to time, apply to all our artwork, products, goods and services directly or indirectly (through distributors) made available in-store or online, through any mobile (tablet) device, by email, by telephone or third party sites (retailers). Please read these terms and conditions of use carefully before accessing, using or obtaining any of our goods or services.
All image and text copyright, trademarks, design rights, and patents (registered and unregistered) in and on our website belong to us and are protected by Canadian and international copyright law. Nothing in these terms grants you a right or license to use any image, photograph, logo, trade mark, text, site content, design right or copyright owned or controlled by us except where written permissions have been granted by us.
- Intellectual Property
We own all of the text, images, trademarks, service marks or other material contained on our website. Other non-STUDIO-CHROMA product, service, or company designations on our website belong to those respective third parties and may be mentioned in our website for identification purposes only.
- Use of Website
You must not use our website in any way that causes, or may cause, damage to our website or impairment of the availability or accessibility of our website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not:
-- republish material from our website (including republication on another website, without prior consent);
-- sell, rent or sub-license material from our website;
-- show any material from our website publicly (without expressed written consent from us) reproduce, provide, duplicate, copy or otherwise exploit any material on our website for a commercial or personal purpose, edit or otherwise modify any material on our website or redistribute material from our website.
Our website may contain links to other websites that we do not operate or control and for which we are not responsible. We provide these links for your reference and convenience and do not adopt or endorse the contents of other websites and accept no responsibility for them or for any loss or damages that may arise from your use of them.
- Terms of Purchase
If you wish to purchase any product or services made available by STUDIO-CHROMA , you then agree to be bound by these terms set out in this document. We strive to describe all our artwork and products as accurately as possible and all colors of artwork and products are professionally reproduced, however slight color variations may occur between our website due to computer picture resolution and individual monitor settings on your computer screen, mobile device or tablet. If you are unsure of the colors or require specific colors, please feel free to email us and we can arrange for samples to be shipped to you, for a nominal fee. Unfortunately, items cannot be returned due to a variation of color from website images. All images used on our website may be used for illustration purposes by us and are not necessarily shown to scale, nor are any set prop items included with purchase.
- Terms of Service Provided
Art consultation and art creation provided by us is deemed legal and binding once agreed upon. Agreement may be, but not limited to, course of creative action, time spent on agreed upon project, any changes to said agreement involving re-working images. We do all we can to make the client happy regarding any changes requested to a work in progress or an unfinished painting/commission and a reasonable time frame to perform such tasks is required and will be deemed appropriate by us, if needed. There will be additional charges for extensive image altering, if the project requires it by the customer/client, that will be discussed and agreed upon prior to beginning a creative project. Extensive altering once a creative project has begun will incur additional charges that will be discussed prior to proceeding.
- Payment & Price
Payments are to be made to us without any deduction or discount other than as stated in these terms, or in the relevant invoice or statement and paid through the use of Paypal or another payment option as stated on this website or as discussed with the client.
All products, goods and services are to be paid in full prior to you taking legal ownership of products, goods or services.
The exception is commissioned goods, where a deposit of 50% of the invoice price must be paid at the time of placing the order as per the 'commissioned artwork contract'. The invoice balance must be paid within (10) ten days of being notified of the availability of the products, goods or service and the agreement, of both parties, of the commission contract before the customer can take legal ownership of said products, goods or services.
Prices are determined at the time of order and purchase, are inclusive of GST if applicable and are priced in Canadian dollars. Price may be subject to change at any time without notice.
Gift Vouchers/ Cards, if and when offered and available, are valid for two years from date of purchase unless otherwise written.
If the customer fails to collect the product or accept delivery within (21) twenty-one days of being notified of their availability, We may terminate this contract, keep the deposit and resell the product/goods. In addition, we reserve the right to charge the customer storage on goods not collected or delivered within (30) thirty days of notification of their availability at the rate of $50.00 per week or part thereof.
The customer must, at its own expense, insure uncollected product/goods stored by us against theft, fire, water and other risks until title in the product/goods has been passed to the customer.
Some, but not all products and goods are protected by insurance during shipping.
During shipping, these products and goods are the responsibility of the customer from the moment of shipping to point the of collection and to ensure they have arrived safely and unless the customer has inspected the product/goods and given written notice to us within (2) two days after collection or delivery that the product does not comply with the relevant specifications or descriptions, the products are deemed to have been accepted in good order and condition. Please check the packaging of all products delivered by courier/shipper before signing for them for signs of damage.
Please note: We are not responsible for lost or stolen parcels when they have been delivered to the address given to us by the client at checkout.
If possible, please provide an address where someone will be able to receive the product/goods during business hours on weekdays. (i.e. your work address) if you are unable to be present to receive the package.
For international orders (outside of continental North America), please allow roughly 21 working days for delivery, once shipped from STUDIO-CHROMA to you, depending upon location and product choice.
- Return Shipping
The cost of return shipping is at the customers expense. Return shipping must be prepaid and by a traceable and insured method to ensure safe and documented delivery and be carefully packaged. Returns must be approved by STUDIO-CHROMA beforehand.
An order may be cancelled, modified or deferred, once creatively begun, only with the prior written consent from us (which is at our sole discretion).
- Warranty- Guarantee
For artwork (originals, giclees, photographs, prints-including limited editions) on all substrates created by STUDIO-CHROMA or an outside manufacturer:
On discovery of any defect in the product, the customer must immediately notify us in writing (email) of such defect. The customer must not carry out any corrective work to alleged defective product.
We are not subject to, and the customer releases us from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the product when being used in a manner to which they were not intended. The customer acknowledges that we are not: (a) responsible if the products do not comply with any applicable safety standard or similar regulation; and (b) liable for any claim, damage or demand resulting from such non-compliance.
We usually do not provide refunds unless the product is damaged, and proven to be not of the fault of the shipper, excluding any damage that has been caused by normal wear and tear as determined by us, in a reasonable time frame to be deemed by us.
Our liability under the statutory provisions is limited, at our option, we will not be liable for any consequential loss or damage or other direct or indirect loss or damage that has been deemed no fault of STUDIO-CHROMA and its products.
If a product, other than artwork created by STUDIO-CHROMA, supplied, are covered by warranties as are specified by the manufacturer and supplier subject to the product standards detailed by the manufacturer/supplier outside of STUDIO-CHROMA ,the outside manufacturer and/or supplier must be contacted.
We are not liable for any breach of contract due to any matter or thing beyond our control, including but not limited to transport stoppages or breakdown, earthquake, flood, fire, strikes, lock-outs, work stoppages, wars, riots or civil unrest, intervention or public authority, explosion or accident.
- Waiver of Breach
No failure by us to insist on strict performance of any of these terms, is a waiver of any right or remedy which we may have, and is not a waiver of any subsequent breach or default by the customer.
- Governing Law
If any provision contained in these terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
These terms and the contract shall be governed by the law of Canada and the parties submit to the courts of Canada in respect of any dispute arising.
- End User Agreement
All Images and rights relating to them, including copyright and ownership rights in the media in which the images are stored, remain the sole and exclusive property of the Artist/Studio-Chroma/LillianMarkowskiBlack. The purchase of any goods from us to you, the end user, does not waiver our copyright and ownership rights, and you are strictly forbidden to reproduce in part or whole any goods (for commercial purposes or otherwise) that you have purchased from us ito be used n any format and not limited to/ for resale - print, reproduction, text, partial or full imagery, altered or not, digital or in any other media.
If you have any questions about these Terms and Conditions, please feel free to contact us at firstname.lastname@example.org
Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content on this website, including images, text and files downloadable from this website, without the permission of the copyright owner-STUDIO-CHROMA.
Please contact us before using/re-using any content from this website.
STUDIO-CHROMA is committed to providing quality services to you and this policy outlines our ongoing obligations to you, in respect of how we manage your Personal Information.
What is personal information and why we collect it?
Examples of personal information we collect include: names, addresses, email addresses, and phone numbers.
This personal information is obtained in many ways including: correspondence, by telephone and facsimile, by email, via our website WWW.STUDIO-CHROMA.COM, from your website and social media sites.
We collect your personal information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your personal information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure, such as shipping and mail-outs. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing. We do not sell, re-sell any personal information collected to any mailing lists or third parties.- see exceptions below.
But your personal information may be disclosed in a number of circumstances including the following:
Third parties (such as courier/shipping services) and where required and authorized by law.
We do not sell, loan or give away any information collected from our website. We will only use your personal information if we need to contact you regarding your purchase. This may be to verify the delivery address, response to an inquiry, or to obtain a site password or login code.
Your personal information is stored in a manner that reasonably protects it from misuse, loss and from unauthorized access, modification or disclosure.
When your personal information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your personal information. However, most of the personal information is or will be stored in client files which will be kept by us for a minimum of 2 years.
Policy updates and inquiries-
This policy may change from time to time and is available on our website.