v1.0 — 2018.09
In terms hereunder any reference to “Art”, “Artist”, “OAFA” and “You” shall be as defined in Terms of Access. Terms of Purchase are subject to OAFA Terms of Access, which together with terms hereunder apply on an indefinite basis, and are affected only if explicitly addressed in the receipt of purchase, and constitute the purchase agreement (“Agreement”) for the sale of Art (“Order”) as between the purchaser ("Purchaser") and the gift shop at Animat Habitat™ (“OAFA Gift Shop”), which is the subdomain: “shop”, of the official website(s) of the organization [animathabitat.com and animathabitat.org].
In the interpretation of these terms and conditions, words in the singular may include the plural and vice-versa.
Payment Policy: Methods / Prices and Taxes / Applicable Laws;
Shipping Policy: Representation / Delivery;
Return Policy: Cancellation / Exchanges and Returns / Refunds;
Warranty and Liability: Warranty / Indemnity / Limitation of Claims / Limitation of Liability;
Terms of Purchase
By placing an Order at OAFA Gift Shop, or by receiving delivery of any Order by Purchaser from OAFA Gift Shop, Purchaser accepts these terms and conditions, and shall be deemed to have made an offer to purchase Art itemized in Order from OAFA Gift Shop pursuant to this Agreement. The acceptance and fulfillment by OAFA Gift Shop of any Order placed at OAFA Gift Shop is subject to Purchaser acceptance of all of the terms of this Agreement. OAFA Gift Shop shall not be deemed to have accepted Purchaser offer to purchase unless and until OAFA Gift Shop sends to Purchaser, through electronic means, facsimile or other written communication, an acknowledgment that Purchaser Order has been confirmed and will be fulfilled by OAFA Gift Shop. OAFA Gift Shop acceptance of any offer to purchase by Purchaser is only made with the express understanding that this Agreement shall govern any Order through OAFA Gift Shop to Purchaser.
1.1 Methods of Payment
- Payment will be authorized with PayPal before any Order is dispatched. If Purchaser is shopping from outside Canada, PayPal will convert the sum total of the transaction to the appropriate currency. The transaction will display as a payment to ANIMAT HABITAT NPO. Purchaser will receive an e-mail with confirmation and itemization of Order.
1.2 Prices and Taxes
- All prices are exempt from VAT or other Canada sales taxes. Purchaser is responsible for paying all taxes and duties for Order(s) supplied outside of Canada. The sum total includes shipping costs as displayed.
- All prices are subject to change without notice.
1.3 Applicable Laws
- All transactions from OAFA Gift Shop are governed by Canadian law.
- You represent that Purchaser has the requisite power and authority to enter into this Agreement and to perform the obligations under this Agreement. You represent that Purchaser has provided accurate information to OAFA Gift Shop in any Order and that its offer to purchase artwork complies with all applicable laws. You acknowledge and agree that Purchaser is solely responsible for compliance with all applicable laws and regulations concerning Purchaser's purchase, possession, use, or resale of Art.
- If You are under eighteen (18) years of age, You may purchase from OAFA Gift Shop only with involvement of a parent or guardian.
- Order(s) are made to be dispatched within fourteen (14) days of notice that a payment has been authorized, however, please allow up to thirty (30) days during busy times of the year. Delivery to customers outside Canada may take longer. If there is any cause for delay in shipping an Order, Purchaser will be contacted at the e-mail address submitted with Order.
- If Purchaser cancels and has already paid for Order, Purchaser will receive a full refund.
3.2 Exchanges and Returns
- OAFA Gift Shop aims to operate a simple, straightforward approach to returns, refunds and exchanges and be as helpful as possible in trying to resolve the problem to Purchaser satisfaction. Please retain a record of OAFA Gift Shop purchase receipt(s).
i. If any item(s) in an Order from OAFA Gift Shop is faulty or damaged when received by Purchaser, OAFA Gift Shop will arrange for the item(s) to be replaced. OAFA Gift Shop must be notified of any fault or damage within two (2) days of receipt by Purchaser. OAFA Gift Shop reserve the right not to replace the item(s) at the discretion of OAFA. OAFA Gift Shop will require Purchaser to return such item(s), within thirty (30) days, for which OAFA Gift Shop will reimburse associated shipping charges once OAFA Gift Shop has received the faulty or damaged item(s).
ii. If any item(s) in an Order from OAFA Gift Shop is the incorrect item(s), Purchaser will need to notify OAFA Gift Shop within two (2) days and OAFA Gift Shop will arrange for the correct item(s) to be dispatched by return and make arrangements for the collection of the incorrect item(s).
iii. If any item(s) in an Order from OAFA Gift Shop is not wanted by Purchaser, OAFA Gift Shop will consider exchange(s) or refund(s) in certain circumstances, subject to the state of the item(s) being undamaged, unused and in original packaging, and less ten (10) percent restocking fee and associated shipping charges. Proof of purchase must be provided within thirty (30) days of date of Order by the Purchaser to receive replacement or refund. Replacement(s) will only be sent after the original item(s) have been returned, received at OAFA Gift Shop and processed.
- Purchaser will need to contact OAFA Gift Shop by e-mail at: [email protected] to receive a Return Authorization (RA) number. Item(s) may not be returned without an RA number. (Returns with an invalid, expired or missing RA number will be subject to a fifty (50) percent restocking fee.)
- Use the return label on your packing slip and clearly indicate the RA number in the provided field. (If you no longer have your packing slip you may print a new Return Label here.) You can use your original OAFA Gift Shop box you received, or any plain, unmarked cardboard box to ship your return. If there are any existing shipping labels, stickers, or other materials on the shipping box from previous shipments, please remove them. Attach your new return label to the shipping box.
- Please use a traceable carrier and retain the tracking number for your records.
- OAFA Gift Shop will take care of the rest! Once your return is received and inspected by the fulfillment centers (usually within two (2) days of receipt), your refund will be processed and a credit will be automatically applied to your credit card or original method of payment within seven (7) days. Please note that depending on your credit card company, it may take an additional two (2) to ten (10) business days after your credit is applied for it to post to your account.
- OAFA Gift Shop prints carry a limited thirty (30) day warranty on manufacturer defects. Original artwork is not covered by warranty.
4.3 Limitation of Claims
- Without limiting the scope of any other terms and conditions herein, any and all claims related to products sold to Purchaser through the Website shall be made within thirty (30) days after receipt of the product to which the claim relates, or if for non-delivery, after the scheduled delivery date thereof. The failure of Purchaser to give OAFA Gift Shop written notice of any claim within the applicable time period shall constitute an absolute and unconditional waiver of such claim. In no event shall Purchaser commence any action against OAFA Gift Shop related to products sold to Purchaser through the Website later than one year after receipt of the product giving rise to such action.
4.4 Limitation of Liability
- Without limiting the scope of any other terms and conditions herein, including OAFA Gift Shop disclaimer of warranties, no claim of any kind, whether as to products delivered or for non-delivery of products, or otherwise, and whether based on contract, breach of warranty, negligence, strict liability, indemnity, contribution, or otherwise, shall be greater in amount than the purchase price of the products in respect of which damages are claimed. In no event shall OAFA Gift Shop be liable for loss of business, loss of profits or good will, or any other indirect, incidental or consequential damages, whether claim of Purchaser is based on contract, breach of warranty, negligence, strict liability, indemnity, contribution, or otherwise, and notwithstanding any claim that such losses were reasonably foreseeable to OAFA Gift Shop or any failure of essential purpose of any remedy.
Terms may be updated without notice; use of the version validated at the time of Order may continue to apply to past purchase(s).