Terms of service

 

These Terms of Service ("Terms") govern access to and use of https://homeartisan.shop and any related content, features, products, communications, and services made available by homeartisan.shop (collectively, the "Services"). Throughout these Terms, "we," "us," and "our" refer to homeartisan.shop, and "you" refers to any visitor, customer, purchaser, or other user of the Services.

Our online store is hosted on Shopify, which provides the ecommerce platform that allows us to offer products and Services. Shopify is not the seller of products purchased from homeartisan.shop unless expressly stated otherwise.

By accessing the website, creating an account, placing an order, or otherwise using the Services, you agree to these Terms and to the policies incorporated by reference, including our Privacy Policy, Return and Refund Policy, and Shipping Policy. If you do not agree, do not use the Services.

1. Consumer Rights

Nothing in these Terms excludes, restricts, or modifies any condition, warranty, right, remedy, or protection that cannot lawfully be excluded under applicable Canadian federal, provincial, or territorial law. If a provision conflicts with mandatory law, that law prevails to the extent of the conflict, and the remaining provisions continue to apply.

2. Eligibility and Authority

You must have reached the age of majority in your province or territory of residence, or use the Services with the involvement and consent of a parent or legal guardian. By placing an order on behalf of an organization or another person, you represent that you have authority to bind that organization or person.

You may not use the Services for an unlawful or unauthorized purpose or in a way that violates the rights of another person.

3. Website Information

We make reasonable efforts to present accurate and current product descriptions, images, dimensions, materials, care instructions, availability, pricing, promotions, and other information. However, information may occasionally contain errors, omissions, or inaccuracies.

Colours and appearance can vary due to screen settings, lighting, photography, manufacturing processes, and natural materials. Dimensions may be approximate. Minor variations that do not materially affect a product's intended use are not necessarily defects.

We may correct errors and update information at any time. If a material error affects an order already placed, we will notify you and provide an appropriate opportunity to confirm the corrected order or receive a cancellation and refund, as required by law.

4. Products and Availability

Products and offers may be available in limited quantities, only in certain locations, or only for a limited time. We may change or discontinue products and may set reasonable purchase limits. Product availability is not guaranteed until an order is accepted.

We may refuse or cancel an order for legitimate reasons, including unavailability, an obvious pricing or description error, inability to verify payment or delivery information, suspected fraud, abusive resale activity, sanctions or legal restrictions, or a material violation of these Terms. If we cancel after payment, we will refund the cancelled amount to the original payment method.

5. Prices, Currency, Taxes, and Charges

Prices are those displayed on the website at the time an order is submitted, subject to correction of obvious errors and applicable law. The currency is shown on the website or at checkout. Customers are responsible for confirming the displayed currency before purchase.

Applicable sales taxes and any authorized charges are calculated or displayed at checkout where required. Standard shipping is free for all orders under our Shipping Policy. Optional expedited or premium services, if offered, may carry a separate clearly displayed charge.

Where a shipment crosses a border, import duties, brokerage, customs charges, or other governmental fees may apply unless checkout expressly states that they are included. Responsibility for such charges is governed by the Shipping Policy and information disclosed at checkout.

6. Orders and Contract Formation

Submitting an order is an offer to purchase the selected products under these Terms. An automated order confirmation acknowledges receipt but does not necessarily mean the order has been accepted. Acceptance occurs when we send a fulfilment or shipping confirmation, expressly confirm acceptance, or dispatch the order, whichever occurs first.

We may contact you to verify information before acceptance. You must provide complete, current, and accurate billing, shipping, payment, and contact details. We are not responsible for delay or failed delivery caused by inaccurate information supplied by the customer, except to the extent required by law.

Electronic records, confirmations, and notices satisfy writing requirements to the extent permitted by law. You should save a copy of the order confirmation and these Terms.

7. Payment

You authorize us and our payment providers to charge the payment method selected at checkout for the order total. Payment may be authorized when the order is submitted and captured at that time or later, depending on the method and checkout configuration.

Payment services are provided by Shopify and other payment providers. Their terms may also apply. We do not ordinarily receive or store complete payment-card credentials. A payment provider may perform verification or fraud screening and may decline a transaction.

You must not use a payment method without authorization. If payment is reversed, rejected, or disputed without a valid basis after goods have been supplied, we may pursue lawful recovery and provide relevant transaction evidence to the payment provider.

8. Promotions and Discount Codes

Promotions, discount codes, gifts with purchase, and special offers are subject to their stated conditions. Unless stated otherwise, they have no cash value, cannot be combined, apply only during the stated period, and may be limited by product, customer, order, or location. We may correct or cancel a promotion affected by fraud, technical failure, or a material error, subject to applicable law.

Returns of promotional purchases may cause the order total and refund to be recalculated based on the products retained and the disclosed promotion terms.

9. Shipping and Delivery

Shipping is governed by our Shipping Policy. All orders qualify for free standard shipping. Our estimated delivery timeframe is 15–20 calendar days from order confirmation, unless a different estimate is clearly disclosed before purchase for a particular product or destination.

Delivery dates are estimates unless applicable law or an express written commitment makes a date binding. Events outside reasonable control can cause delay. We will communicate material known delays and provide remedies required by applicable law.

Risk of loss and legal title pass as provided by applicable law. A carrier's tracking status is relevant evidence of delivery but does not eliminate a customer's right to report a missing or misdelivered parcel.

10. Returns, Refunds, and Cancellations

Returns, refunds, cancellations, damaged items, incorrect items, and non-delivery claims are governed by our Return and Refund Policy and Shipping Policy. Unless an exclusion applies, eligible products may be returned by requesting authorization within 30 calendar days after delivery.

No store policy limits a mandatory legal warranty, cancellation right, or remedy. We may request reasonable evidence to investigate an issue and prevent fraud.

11. Product Use and Safety

Products must be used, installed, assembled, cleaned, maintained, and stored according to the product description, instructions, warnings, and their intended purpose. Keep packaging and small parts away from children where appropriate. Do not use a product that appears damaged, unsafe, recalled, or unsuitable for its intended environment.

If you believe a product presents a safety concern, stop using it and contact info@homeartisan.shop with the order number and details. This section does not reduce legal rights concerning product quality or safety.

12. Accounts and Security

If customer accounts are offered, you are responsible for keeping credentials confidential and for activity conducted through the account, except activity resulting from our breach or another circumstance for which law makes us responsible. Account information must be accurate and current.

Notify info@homeartisan.shop promptly of suspected unauthorized access. We may suspend or restrict an account where reasonably necessary to investigate fraud, protect users, comply with law, or enforce these Terms.

13. Acceptable Use

You must not:

- use the Services for fraud, unlawful activity, or infringement of another person's rights;
- submit false identity, payment, delivery, review, or claim information;
- introduce malware, harmful code, automated attacks, or security vulnerabilities;
- scrape, crawl, harvest, copy, or extract data using automated means without written permission, except as permitted by law;
- interfere with website operation, checkout, security, access controls, or another user's experience;
- attempt unauthorized access to an account, server, network, database, or payment system;
- impersonate another person or misrepresent affiliation with us;
- use content from the Services to create a misleading, counterfeit, or competing storefront;
- submit content that is unlawful, defamatory, threatening, discriminatory, obscene, deceptive, or infringing; or
- misuse promotions, chargebacks, returns, reviews, or customer-service channels.

We may investigate and take proportionate action, including restricting access, cancelling affected orders, preserving evidence, or reporting unlawful conduct. Mandatory consumer rights remain unaffected.

14. Intellectual Property

The website and its content, including text, layout, graphics, photographs, video, logos, icons, product presentation, software, and compilations, are owned by or licensed to homeartisan.shop and are protected by intellectual property laws.

We grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Services for personal, lawful shopping purposes. You may not reproduce, distribute, modify, publicly display, sell, license, reverse engineer, create derivative works from, or commercially exploit protected content without prior written permission, except where applicable law permits.

Third-party names, trademarks, and product images belong to their respective owners. No licence is granted except as necessary to use the Services.

15. Reviews and User Content

If you submit a review, photograph, suggestion, comment, or other content ("User Content"), you retain ownership of rights you hold. You grant us a worldwide, non-exclusive, royalty-free, transferable, and sublicensable licence to host, reproduce, adapt, publish, translate, display, and use that content in connection with operating, improving, and promoting the Services, subject to our Privacy Policy and applicable law.

You represent that you have the necessary rights and that the content is accurate based on your genuine experience, does not violate law or another person's rights, and does not contain malicious code or confidential information. We may moderate or remove content that violates these Terms, but we are not required to pre-screen all content.

We will not condition a benefit on a misleading positive review. Any incentive for a review should be disclosed as required by law.

16. Third-Party Services and Links

The Services may rely on or link to Shopify, payment providers, social networks, carriers, analytics providers, and other third parties. Third-party services are governed by their own terms and privacy practices. We are not responsible for an independent third party's content or conduct, but this does not exclude responsibility that applicable law places on us.

17. Privacy

Our collection, use, disclosure, retention, and protection of personal information is described in our Privacy Policy. By providing personal information, you acknowledge that it will be handled as described there, subject to consent requirements and other rights under applicable law.

18. Disclaimers

To the maximum extent permitted by law, the website and its general informational content are provided on an "as available" basis. We do not promise uninterrupted or error-free website operation or that every product will remain available.

We do not exclude any express product commitment, mandatory condition, statutory warranty, implied warranty of merchantable quality or fitness that cannot lawfully be excluded, or remedy for misleading representations. Any disclaimer in these Terms applies only to the extent permitted by applicable law.

19. Limitation of Liability

To the maximum extent permitted by law, homeartisan.shop and its service providers will not be liable for indirect, incidental, special, exemplary, or consequential loss, or for loss of profits, revenue, data, or opportunity, arising from use of the Services, where such loss was not reasonably foreseeable or where exclusion is lawful.

To the maximum extent permitted by law, our aggregate liability arising from a particular product or order will not exceed the amount paid for that product or order. This limitation does not apply to fraud, wilful misconduct, gross negligence where liability cannot be limited, death or personal injury caused by negligence, breach of mandatory privacy obligations, liability under product-liability law that cannot be excluded, or any non-waivable consumer right or remedy.

20. Indemnity

To the extent permitted by law, you agree to indemnify homeartisan.shop against third-party claims, damages, and reasonable costs directly caused by your unlawful use of the Services, infringement of another person's rights, fraudulent conduct, or material breach of these Terms. You are not required to indemnify us for our own negligence, breach, or unlawful conduct.

21. Events Outside Reasonable Control

We are not responsible for delay or failure caused by events outside our reasonable control, such as severe weather, natural disaster, epidemic, war, civil disturbance, labour disruption, transportation interruption, customs action, government order, telecommunications failure, cyberattack, or carrier disruption. We will take reasonable steps to reduce the effect and will provide any cancellation, refund, or other remedy required by law.

22. Governing Law and Disputes

These Terms are governed by the applicable laws of Canada and the province or territory determined by applicable conflict-of-law and consumer-protection rules. Nothing in these Terms deprives a consumer of the protection of mandatory law or the right to bring a claim before a court or tribunal that has jurisdiction.

Before starting formal proceedings, you are encouraged to contact info@homeartisan.shop so we can attempt to resolve the issue. This informal step does not shorten a legal limitation period or prevent use of a consumer agency, payment dispute process, small claims court, or other lawful remedy.

We do not require individual arbitration and do not waive class proceeding rights through these Terms.

23. Changes to the Services or Terms

We may modify the Services and update these Terms to reflect legal, operational, security, or business changes. Revised Terms will be posted with an updated date. Changes apply prospectively and do not retroactively alter an accepted order unless permitted by law and agreed where necessary.

If a material change requires notice or consent under applicable law, we will provide it. Continued use after the effective date constitutes acceptance only to the extent permitted by law.

24. Suspension and Termination

You may stop using the Services at any time. We may suspend or terminate access for a material breach, fraud, security risk, abuse, or legal requirement. Provisions that by their nature should survive termination remain effective, including provisions concerning payment, intellectual property, liability, disputes, and lawful use of User Content.

25. General Terms

These Terms and incorporated policies form the agreement concerning the Services and do not replace order-specific terms expressly accepted at checkout. If an order-specific term conflicts with these general Terms, the order-specific term controls for that order to the extent lawful.

Failure to enforce a provision is not a waiver. If a provision is invalid or unenforceable, it will be limited or severed to the minimum extent necessary, and the remainder will continue. You may not assign your rights or obligations without our written consent, except where law permits. We may assign these Terms as part of a legitimate business transfer, subject to applicable law and continued protection of consumer rights.

Headings are for convenience only. "Including" means "including without limitation."

26. Contact

Questions about these Terms, an order, or the Services may be sent to:

homeartisan.shop
Email: info@homeartisan.shop
Website: https://homeartisan.shop