ONLINE PURCHASE Terms and Conditions
TO PROTECT YOUR OWN INTERESTS YOU MUST READ, UNDERSTAND, AND INITIAL (AS REQUIRED) THE FOLLOWING IMPORTANT ONLINE PURCHASE TERMS AND CONDITIONS (“TERMS”) BEFORE PURCHASING PRODUCTS FROM OUR SITE. IF YOU ARE UNCERTAIN AS TO YOUR RIGHTS UNDER THESE TERMS OR YOU WANT ANY EXPLANATION ABOUT THEM PLEASE CONTACT US AT:
E.A. Studios (Jasper) Ltd.
311-3750 46 Ave SE
Calgary, AB, Canada, T2B 0L1
(“Our Contact Information)
- A purchase of a Product made on this Site is a transaction between you and E.A. Studios (Jasper) Ltd. The artists or creators of the Products are not parties to any contracts with you.
- These Terms explain how you may buy Products from the Site. You should read the following Terms carefully before buying any Products from the Site. When buying any Products, you agree to be bound by these Terms and the documents referred to in them. If you do not agree with or accept any of these Terms, you will not be allowed to buy any Products unless we agree otherwise in writing. If you have any questions about these Terms, please us using Our Contact Information above.
- Prices on our Site are subject to change without notice up to the time that a Contract is formed in accordance with these Terms and Conditions. We reserve the right to adjust prices of our Products at any time and for whatever reason.
- Ordering Products from the Site
- During the purchase process, you will be required to provide certain information, including payment information, your name, address (billing and shipping), telephone number, email address, and any other information we neem necessary to complete the transaction. This may be done either while you are logged into your account, or not (therefore as a “guest”). In either case, you are solely responsible for ensuring the completeness and accuracy of the information provided.
- When your order is placed with us at the end of the online checkout process, we will e-mail you to acknowledge that we have received your order. This order acknowledgment only confirms receipt of your order; it does not, however, mean that your order has been accepted by us.
- We will only accept your order when we send you an e-mail that confirms this (“Confirmation E-mail”). At this point, a legally binding contract will be in place between you and us and at this point we will dispatch the products to you (the “Contract”). However, we reserve the right to cancel an order at any time for any reason, even if payment has already been made. If payment has been made, we will refund the payment to the original method of payment.
- We reserve the right to place Products on hold and restrict their advertisement and/or sale for whatever reason at our sole and absolute discretion.
- By placing an order on the Site, you represent and warrant that all of the information that you provide to us is correct and accurate. If you discover an error with the information you provided to us, you must contact us immediately using Our Contact Information to correct the error.
- To the fullest extent permitted by applicable laws, we disclaim all warranties and conditions of any kind, whether legal, express or implied (including warranties and conditions of merchantable quality, merchantability, quality or fitness for a particular purpose, durability and non-infringement), whether arising from statute, course of dealing, usage of trade or otherwise.
- The weights, sizes, and measurements, materials, or other features of any Products set out on the Site are accurate.
- The colours, shades, stains, or other artistic elements of our Products are accurate for whatever reason, including due to the lighting used to photograph our Products.
- Products may not be exactly as shown. It is your responsibility to ensure the Product you are purchasing is the one you desire to purchase. For example, it is your responsibility to ensure that if you desire to purchase an Artist Proof, as opposed to a numbered Limited-Edition item, you do so. If you have any concerns whatsoever about the Product you wish to purchase, please contact us using Our Contact Information.
- For products with a purchase price at $15,000.01 CAD or more exclusive of taxes, shipping, insurance, and other fees, orders may only be placed by contacting us directly using Our Contact Information as provided above. In such case, we will obtain your contact and payment information over the phone or email. In such case, your order will be accepted and a Contract formed once we process your credit card and a receipt is printed. Once this is complete, we will send you a confirmation email with the details of your purchase.
- Cancelling or amending a Purchase
- By placing an order on the Site, you understand and acknowledge that you have made an offer to purchase a particular Product or particular Products from us.
- If you choose not to proceed with a purchase after placing an order with us, you must contact us immediately using Our Contact Information. In such case, we will only cancel a Contract if a Confirmation E-mail has not yet been sent.
- Once a Confirmation E-Mail is sent, a legally-binding Contract is in effect and you are fully responsible for full payment pursuant to the contract.
- In the case of a Product with a purchase price of $15,000.01 CAD or more, a legally-binding Contract is in place once the credit card is processed and a receipt is printed.
- All sales contracts are final sale, and no refunds, exchanges, credits, or other compensation will be provided to you if you wish to not proceed with the Contract.
- Shipping and insurance costs are not included in the purchase price of any Products and are the sole responsibility of you.
- All Products are shipped directly from our warehouse in Calgary, Alberta, Canada.
- All Products are photographed from all angles by us before shipping to ensure quality control.
- The following shipping methods are available.
|Products with a purchase price of $15,000.00 CAD or less (excluding taxes, shipping, or other charges).|
|Shipping is available exclusively through FedExShipping options and rates are subject to availability as provided by FedEx. All options are provided on the Site at the time of purchase.Shipping does not include any insurance coverage, nor is any coverage available as an option by FedEx. For an added charge, you may protect your Product during shipping by adding our Purchase Protection Plan to your Purchase (see below). The price of the Purchase Protection Plan is not included in the purchase price of your Product. E.A. Studios (Jasper) Ltd. is not responsible for any loss or damage to any Product once it is received by FedEx.E.A. Studios (Jasper) Ltd. retains the right to use an alternative shipper at any time and for whatever reason, in its sole and absolute discretion. If the value of your Product is $15,000.00 CAD or less, you must acknowledge this section below: I HAVE READ SUBSECTIONS A-F ABOVE AND UNDERSTAND THAT THERE IS NO INSURANCE COVERAGE INCLUDED IN THE PURCHASE PRICE OF MY PRODUCT, NOR IS THERE ANY COVERAGE BY FEDEX. I AM SOLELY RESPONSIBLE FOR THE PRODUCT ONCE IT IS RECEIVED BY FEDEX AND WAIVE ANY AND ALL CLAIMS AGAINST E.A. STUDIOS (JASPER) LTD. FOR ANY DAMAGE OR DESTRUCTION CAUSED TO MY PRODUCT ONCE IT IS RECEIVED BY FEDEX. I UNDERSTAND THAT THE ONLY OPTION TO PROTECT MY PURCHASE ONCE IT LEAVES E.A. STUDIOS (JASPER) LTD.’S WAREHOUSE IS TO PURCHASE THE PURCHASE PROTECTION PLAN FROM E.A. STUDIOS (JASPER) LTD. AT THE TIME OF CHECKOUT, FOR AN ADDED COST.|
|Products a with purchase price of $15,000.01 CAD or more (excluding taxes, shipping, or other charges).|
|Before you place your order with us, either by phone or email, a representative of E.A. Studios (Jasper) Ltd. will contact you to discuss your shipping and insurance options. You may also select a shipper of your own choosing. We recommend purchasers utilize a shipper that specializes in the transport of high value items and/or artwork, such as PACART (pacart.ca). Shipping options may or may not include insurance coverage to cover the costs associated with any damage, destruction, or loss caused during shipping. If you desire insurance, it is your responsibility to select a shipping plan that includes insurance.Our Purchase Protection Plan is not available for Products valued at $15,000.01 CAD or more. E.A. Studios (Jasper) Ltd. is not responsible for any loss or damage to any Product once it is received by the shipper. If the value of your Product is $15,000.01 CAD or MORE, you must acknowledge this section below: I HAVE READ SUBSECTIONS A-E ABOVE AND UNDERSTAND THAT THERE IS NO INSURANCE COVERAGE INCLUDED IN THE PURCHASE PRICE OF MY PRODUCT. INSURANCE COVERAGE IS AVAILABLE, AT MY OWN EXPENSE AND IT IS MY SOLE RESPONSIBILITY TO SELECT A SHIPPING PLAN AND/OR POLICY THAT INCLUDES INSURANCE. I UNDERSTAND THAT E.A. STUDIOS (JASPER) LTD. IS NOT LIABLE FOR ANY DAMAGE OR DESTRUCTION OF THE PRODUCT ONCE IT IS RECEIVED BY THE SHIPPER, AND I WAIVE ANY AND ALL CLAIMS AGAINST E.A. STUDIOS (JASPER) LTD. FOR ANY DAMAGE OR DESTRUCTION CAUSED TO MY PRODUCT ONCE IT IS RECEIVED BY THE SHIPPER.|
- By purchasing an item valued at $15,000.00 CAD or less, you expressly permit us to share your personal information, as provided during the checkout process on our Site, with FedEx (or an alternative shipper as permitted herein).
- By purchasing an item valued at $15,000.01 CAD or more, you expressly permit us to share your personal information, as provided to us, to the shipper selected by you at the time of checkout.
- Purchase Protection Plan
- For Products shipped using FedEx, we offer an optional Purchase Protection Plan (the “Plan”). The Plan will reimburse You for up to the full purchase price of your Product in the event it is damaged or destroyed during shipping.
- The price for the Plan is 4% of the purchase price (excluding tax and shipping) of the Product. This is non-refundable.
- The Plan is available for purchase at the time of purchase. If you do not select the Plan at the time of purchase and wish to add it on after, you must contact us immediately using Our Contact Information. While we may agree to add the Plan to an already-placed order, we are not obligated to do so. If you wish to protect your Product, you must include the Plan at the time of purchase.
- Under the Plan, you are obligated to open and fully inspect the Product and notify E.A. Studios (Jasper) Ltd. of any damage or defects to the Product within 72 hours of receipt of the Product in accordance with section 7 “Damaged or Defective Orders” below (“receipt” means from the time the Product is delivered to You and a signature is obtained by FedEx at the shipping address).
- If you do not select the Plan, you are solely liable for any damage or destruction of your Product once it is received by FedEx and waive any and all rights of recovery against E.A. Studios (Jasper) Ltd.
E.A. STUDIOS (JASPER) LTD. HIGHLY RECOMMENDS YOU PROTECT YOUR PRODUCT BY EITHER PURCHASING OUR PURCHASE PROTECTION PLAN (FOR PURCHASES VALUED AT $15,000.00 OR LESS) OR INSURANCE (FOR PURCHASES VALUED AT $15,000.01 OR MORE). IF YOU CHOOSE NOT TO PURCHASE SUCH COVERAGE, YOU ARE RESPONSIBLE FOR ANY DAMAGE OR DESTRUCTION OF YOUR PRODUCT ONCE IT LEAVES E.A. STUDIOS (JASPER) LTD.’S CONTROL.
|I acknowledge that I have read sections 4 and 5 (above) of the Online Purchase Terms and Conditions and understand the shipping and insurance options available to me. I understand that it is my sole responsibility to ensure that I select a shipping method for my Product(s) that meets my needs. I understand that shipping insurance is not automatically included with my purchase, and it is my responsibility to add appropriate insurance coverage for my Product using either: If my purchase is worth $15,000.00 CAD or less, E.A. Studios (Jasper) Ltd.’s Purchase Protection Plan; ORIf my purchase is worth more than $15,000.01 or more, insurance offered by the shipper of my choosing. I understand that if I decline to purchase one of the above products, I will be solely responsible for any damage or destruction of my Product once it is received by the shipper, and shall forever release E.A. Studios (Jasper) Ltd. from any and all liability related to the shipping process.|
- After placing your order and arranging shipping, you will be contacted directly by the shipper regarding the details of your shipment. Any questions about delivery dates or shipping times should be directed to the shipper directly.
- E.A. Studios (Jasper) Ltd. is not liable or responsible in any way for any delays caused in the shipping process. E.A. Studios (Jasper) Ltd. has no responsibility whatsoever for the Products once they are received by the shipper.
- Shipping and delivery are subject to the terms and conditions of the applicable shipper.
- E.A. Studios (Jasper) Ltd. is in no way liable for any damage or destruction of a Product once it is delivered by the shipper and received (signed for) by you. E.A. Studios (Jasper) Ltd.’s responsibilities to you end once the Product is received by the shipper..
DO NOT THROW AWAY, RECYCLE, DESTROY, OR IN ANY WAY TAMPER WITH THE ORIGINAL SHIPPING PACKAGING AND DOCUMENTATION THAT CAME WITH YOUR PRODUCT UNTIL YOU HAVE OPENED AND FULLY INSPECTED YOUR PRODUCT FOR DAMAGE OR DEFECTS IN ACCORDANCE WITH SECTION 7 BELOW, AND HAVE SATISFIED YOURSELF THAT NO SUCH DEFECTS OR DAMAGE EXIST. WE WILL NOT ACCEPT ANY RETURNS OR ISSUE ANY REFUNDS OR COMPENSATION IF ORIGINAL PACKAGING IS NOT PROVIDED.
- Damaged or Defective Orders
- It is your responsibility to open and fully inspect your Product for damage or defects after receipt (“receipt” means from the time the Product is delivered to you and a signature is obtained by the shipper at the shipping address).
- How to address a damaged or defective product depends on the nature of the damage/defect and the shipping method chosen.
|Shipped by FedEx|
|From the time of receipt, any damage or defects MUST be reported to us within 72 hours of receipt via email at email@example.com. Your email MUST include the following: Your order number A detailed description of the damage/defect.Pictures of the Product clearly showing the damage/defect.Your name, email, and phone number at which we can reach you. Once we receive your email, you will receive an automatic response confirming receipt. We will then contact you, either by email or phone, within three business days to discuss the issue. YOU MUST KEEP ALL ORIGINAL PACKAGING AND DOCUMENTATION UNTIL YOUR MATTER IS RESOLVED. FAILURE TO DO SO MAY RESULT IN A REJECTION OF YOUR CLAIM AND FOREFEITURE OF ANY REFUNDS OR COMPENSATION. If You purchased our Purchase Protection Plan If we, at our sole and absolute discretion, and which is in no way guaranteed, determine that the Product is damaged or defective. If we determine that the Product is damaged or defective, we will arrange and pay for the Product to be shipped back to our warehouse, and refund you the full purchase price (not including original shipping costs of the cost of the Purchase Protection Plan) to the original method of payment. If we do not determine that the Product is damaged or defective, no refund or compensation of any kind will be provided. If You did not purchase our Purchase Protection Plan We will complete an internal investigation to determine if the Product was damaged prior to being received by FedEx. This investigation my involve comparing photos of the Product taken before shipment to those provided by you after receipt. If we, at our sole discretion, determine that the Product was damaged prior to receipt by FedEx, we will arrange and pay for the Product to be shipped back to our warehouse, and refund you the full purchase price (not including original shipping costs) to the original method of payment. If we determine that the Product was not damaged before being received by FedEx, no refund of any kind will be provided. For this reason, E.A. Studios (Jasper) Ltd. strongly recommends you purchase our Purchase Protection Plan for all FedEx shipments.|
|Shipped by Other Provider|
|If your Product was shipped by a different shipper, YOU MUST CONTACT BOTH US AND YOUR SHIPPER TO REPORT ANY DAMAGE as follows: Contacting the Shipper: You must contact the shipper within the timelines outlined in, and using the contact information provided by, the shipper in accordance with the shipper’s own policies. Contacting Us: You must contact us immediately after notifying the shipper of the damage either by email to firstname.lastname@example.org OR calling our us at 1-866-621-7201. YOU MUST KEEP ALL ORIGINAL PACKAGING AND DOCUMENTATION UNTIL YOUR MATTER IS RESOLVED. FAILURE TO DO SO MAY RESULT IN A REJECTION OF YOUR CLAIM AND FOREFEITURE OF ANY REFUNDS OR COMPENSATION Given the nature of the Products and various insurance options available to you, all claims of defective or damaged Products will be reviewed individually. However, we are not liable for any damage that occurs after the Product is received by the shipper. E.A. Studios (Jasper) Ltd. is only liable if we, at our sole and absolute discretion, determine that the Product was defective and/or damaged prior to leaving our warehouse in Calgary, Alberta. Under no circumstances shall you recover damages or refunds of any kind from both the shipper/insurer and us.|
- You may pay for the products by using the following payment methods:
- American Express;
- Discover Card; or
- For Products valued at $15,000.01 or more, additional payment methods may be available – please contact us to discuss these options.
- All payments made through our Canadian Site, or made over the phone/email, will be processed in Canadian dollars. All payments processed through our American Site will be processed in United States dollars. It is your responsibility to ensure you are on the appropriate country’s Site before making a purchase. E.A. Studios (Jasper) Ltd. is not liable for any foreign transaction fees or any loss stemming from, or in any way related to, your failure to use the appropriate country’s website.
- If you are outside of the United States or Canada, you must use the American version of our Site and you will be charged in United States dollars.
- We will do all that we reasonably can to ensure that all of the information which you provide to us when paying for the products is secure by using an encrypted secure payment mechanism but in the absence of negligence of our part we will not be liable for any loss that you may suffer if a third party gains unauthorized access to any information that you provide to us.
- Your credit card will only be charged when the Product is dispatched.
- In the case of items valued at $15,000.01 CAD or more, the credit card will be charged immediately once the order is placed.
- All payments by credit card need to be authorized by the relevant card issuer.
- The price of Products on the Site do not include applicable taxes, insurance, shipping, foreign transaction, or any other fees charged by any party other than E.A. Studios (Jasper) Ltd. including, but not limited to, credit card merchants or the shipper.
- All applicable taxes and fees charged by us will be displayed on the checkout screen or communicated to you prior to submitting payment. These include (as applicable):
- GST (Goods and Services Tax);
- HST/PST (Harmonized Sales Tax/Provincial Sales Tax) as applicable:
- Canadian duty/export taxes.
- If you are shipping the Product to a country other than Canada, you may be liable for taxes, customs fees, duties, and other fees charged by the destination country, state, or other local area.
- You may pay for the products by using the following payment methods:
- Limitation on our Liability.
- IN NO EVENT WILL E.A. STUDIOS (JASPER) LTD. BE LIABLE TO YOU FOR AN AMOUNT GREATER THAN THE ORDER TOTAL, EXCLUSIVE OF TAXES, SHIPPING, INSURANCE/PURCHASE PROTECTION PLAN, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE (INCLUDING LOSS OF USE, LOSS OF DATA, LOSS OF PROFIT AND LOSS OF SAVINGS) TO YOU WHETHER ARISING IN CONNECTION WITH THE USE OF THE SITE OR THE PRODUCTS IRRESPECTIVE OF WHETHER YOUR CLAIM ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), STRICT LIABILITY, RESTITUTION, BREACH OF STATUTE OR ANY OTHER THEORY OF LAW AND EVEN IF WE HAD BEEN ADVISED OR HAD REASONS TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES.
- We will try to resolve any disputes quickly and efficiently. If you are unhappy with the way we deal with any dispute and you want to take court proceedings, the relevant courts of the Province of Alberta, Canada will have exclusive jurisdiction in relation to the Terms, and you agree that any court proceedings pursued in relation to these Terms and Conditions will be heard in Calgary, Alberta.
- The failure or delay by E.A. Studios (Jasper) Ltd. to enforce or insist upon strict performance of any provision included in these Online Purchase Terms and Conditions does not constitute a waiver of such rights or in any way affect the enforceability of these Online Purchase Terms and Conditions (or any of provisions contained herein) or deprive E.A. Studios (Jasper) Ltd. of the right, at any time or from time to time, to enforce or insist upon strict performance of any provision provided herein. Any waiver by E.A. Studios (Jasper) Ltd. of any provision herein is effective only if in writing and signed by a duly authorized representative of E.A. Studios (Jasper) Ltd.
- Any notices required or permitted to be given under the Terms or applicable laws may be given to you at the e-mail address you provided to us during your order. Any notice given to you will be effective 48 hours after we send the notice to you, irrespective of whether you receive it or it is returned to us as undeliverable.
- You may contact us, deliver notices, or file any complaints with us at:
E.A. Studios (Jasper) Ltd.
311-3750 46 Ave SE
Calgary, AB, Canada, T2B 0L1