Terms & Conditions

Welcome to www.artidel.com.

Please read these terms of use ("agreement" or "terms of use") carefully before using the website, mobile applications, and services offered by Artidel Canada Ltd. and its subsidiaries (collectively, "Artidel"). This agreement sets forth the legally binding terms and conditions for your use of the website at artidel.com site, mobile applications, and services provided by Artidel.

Artidel.com provides services subject to the following conditions.

By using Artidel.com, you agree to these conditions. Please read them carefully.

We offer a wide range of services, and sometimes additional terms may apply. When you use an Artidel service, you also will be subject to the guidelines, terms and agreements applicable to that service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

Privacy

Please review our Privacy Notice, which also governs your use of the Artidel, to understand our practices.

Electronic Communications

When you use any Artidel services or send e-mail to us, you are communicating with us electronically. Artidel may also provide you with Electronic Communications by emailing them to you at the email address listed in your Artidel account, by posting them on the Artidel website or mobile applications. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Artidel.com site or through the other Artidel.com services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

To ensure that you receive Electronic Communications, you should make sure that the contact information in your Artidel account is accurate. Artidel is not responsible for your failure to receive Electronic Communications if you failed to update your contact information.

Your Account

You must keep your account information up-to-date and accurate at all times, including a valid email address. If you use any Artidel service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Artidel does sell products for children, but it sells them to adults who can purchase products with a credit card or other permitted payment method. If you are under the age of majority in your province of residence, you may use the Artidel services only with involvement of a parent or guardian. Artidel reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Right to Refuse Service

Artidel services are not available to temporarily or indefinitely suspended Artidel members. Artidel reserves the right, in Artidel's sole discretion, to cancel unconfirmed or inactive accounts. Artidel reserves the right to refuse service to anyone, for any reason, at any time.

Listing and Selling

All listings on Artidel must be for sale. By listing an item on the Site you warrant that you and all aspects of the item comply with Artidel's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Artidel shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity.

The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Artidel transaction fees, misrepresent the item's location, or use another user's account without permission.

Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Artidel reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Artidel a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media. You grant Artidel and sublicenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Artidel for all claims resulting from content you supply. Artidel has the right but not the obligation to monitor and edit or remove any activity or content. Artidel takes no responsibility and assumes no liability for any content posted by you or any third party.

Risk of Loss

Risk of loss and title for items purchased from Artidel pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs.

Returns, Refunds and Title

Artidel does not take title to returned items until the item arrives at our location. At our discretion, a refund may be issued without requiring a return. In this situation, Artidel does not take title to the refunded item.

You may return any of the items to Artidel, for any reason, for a full refund (we'll also refund the return shipping cost, if the return is a result of our error) within 15 days of delivery of your shipment.

Items with a value of $75 or more should be returned using a trackable shipping method. All product packaging (boxes, warranty cards, etc.) and certificates of authenticity, grading, and appraisal must be returned with the item. Any items returned without original documentation will be rejected. The items must be in new and unworn condition in the original packaging. Items that have been resized, damaged or otherwise altered after delivery will not be accepted for return.

Please note that we cannot accept the return of opened items or items returned more than 15 days past delivery .We can only process returns and refunds for items purchased at Artidel.

Product Descriptions

Artidel attempts to be as accurate as possible. However, Artidel does not warrant that product descriptions or other content of any Artidel service is accurate, complete, reliable, current, or error-free. If a product offered by Artidel itself is not as described or depicted, your sole remedy is to return it in unused condition.

Pricing

Except where noted otherwise, the List Price or Suggested Price displayed for products on any Artidel service represents the full retail price listed on the product itself, suggested by the manufacturer, provider or supplier, or estimated in accordance with standard industry practice, or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price or Suggested Price may be provided by the merchant. Unless otherwise provided, prices are in Canadian currency.

With respect to items sold by Artidel, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

Artidel Software Terms

In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Artidel services (the "Artidel Software").

Other Businesses

Parties other than Artidel operate stores, provide services, or sell product lines through the Artidel. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Artidel does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Disclaimer of Warranties and Limitation of Liability

We try to keep Artidel site, services, applications, and tools safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, services, applications or tools. You further acknowledge that operation of and access to our sites, services, applications or tools may be interfered with as a result of technical issues or numerous factors outside of our control. Bid updates and other notification functionality in Artidel's applications may not occur in real time. Such functionality is subject to delays including, without limitation, delays or latency due to your physical location or your wireless data service provider’s network. You agree that you are making use of our sites, services, applications and tools at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

·         Your use of or your inability to use our sites, services, applications and tools;

·         Delays or disruptions in our sites, services, applications or tools;

·         Viruses or other malicious software obtained by accessing our sites, services, applications or tools or any site, Services, applications or tools linked to our sites, services, applications or tools;

·         Glitches, bugs, errors, or inaccuracies of any kind in our sites, services, applications and tools or in the information and graphics obtained from them;

·         Damage to your hardware device(s) or loss of data that results from the use of our sites, services, applications and tools;

·         The content, actions, or inactions of third parties, including items listed using our sites, services, applications or tools, feedback provided by third parties, or the destruction of allegedly fake items;

·         A suspension or other action taken with respect to your account;

·         The duration or manner in which your listings appear in search results as set forth in the Listing and Selling Section;

·         Artidel's decision to end or remove your listing(s);

·         Your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies; Artidel reserves the right to modify its policies and this User Agreement at any time consistent with the provisions outlined herein;

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow users to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats and locations, such as Artidel Stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. Any pricing or shipping guidance we provide in our sites, services, applications, or tools is solely informational and you may choose not to follow such guidance at any time. We do not warrant or guarantee that any particular results will result from following guidance we provide (e.g. that your listing will sell, that a particular shipping option is the least expensive, etc.) While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the existence, quality, safety, or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the Artidel Money Back Guarantee up to the price the item sold for on Artidel (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.

Applicable Law and Disputes

If any dispute or claim relating in any way to your use of any Artidel services, or to any products or services sold or distributed by Artidel  arises between you and Artidel, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Artidel agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our Services (a "Claim") in accordance with one of the options  below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

This Agreement and any dispute or claim you have against Artidel shall be governed in all respects by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. You agree that any claim or dispute you may have against Artidel must be resolved by a court located in Vancouver,  British Columbia, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within the Province of British Columbia for the purpose of litigating all such claims or disputes.

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than Cdn$15,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event that a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

All claims you bring against Artidel must be resolved in accordance with this Resolution of Disputes section. All claims filed or brought contrary to the Resolution of Disputes section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Artidel may recover attorneys' fees and costs up to Cdn$1500, provided that Artidel has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Site Policies, Modification, and Severability

Please review our other policies posted on the Artidel.com site. These policies also govern your use of Artidel services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Our Address

Artidel Canada Ltd

535 Smithe St.

Vancouver, BC

Canada   

Additional Artidel Website Terms

Use of the Artidel Website. You may use Artidel Website solely for purposes of enabling you to use and enjoy the Artidel services, and as permitted by the Conditions of Use, and any Service Terms. You may not incorporate any portion of the Artidel Website into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Artidel Website or otherwise assign any rights to the Artidel Website in whole or in part. You may not use the Artidel Website for any illegal purpose. We may cease providing any Artidel Website and we may terminate your right to use any Artidel Website at any time. Your rights to use the Artidel Website will automatically terminate without notice from us if you fail to comply with any of these Terms, the Conditions of Use or any other Service Terms. Additional third-party terms contained within or distributed with certain Artidel Website that are specifically identified in related documentation may apply to that Artidel Website and will govern the use of such software in the event of a conflict with these Conditions of Use.

Use of Third Party Services. When you use the Artidel Website, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Artidel Website, whether in whole or in part, or create any derivative works from or of the Artidel Website.

Updates. In order to keep the Artidel Website up-to-date, we may offer automatic or manual updates at any time and without notice to you.

Export Regulations. You must comply with all export and re-export restrictions and regulations of the Foreign Affairs and International Trade Canada, and Canadian agencies and authorities that may apply to the Artidel Website.

Licence and Access

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Artidel  or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Artidel services. This licence does not include any resale or commercial use of any Artidel services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Artidel services or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Artidel or its licensors, suppliers, publishers, rights holders, or other content providers. No Artidel, nor any part of any Artidel Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Artidel. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Artidel without express written consent. You may not use any meta tags or any other "hidden text" utilizing Artidel's name or trademarks without the express written consent of Artidel. You may not misuse the Artidel services. You may use the Artidel services only as permitted by law. The licenses granted by Artidel terminate if you do not comply with these Conditions of Use or any Service Terms.