Terms of service

Terms of Service

Victor Gallery and Custom Framing

OVERVIEW

Welcome to Victor Gallery and Custom Framing. Throughout these Terms of Service, the terms “we,” “us,” and “our” refer to Victor Gallery and Custom Framing.

We operate this website and online store to offer original artwork, fine art prints, custom framing, printing services, and related products and services (collectively, the “Services”).

Our online store is powered by Shopify, which provides the e-commerce platform that enables us to offer our products and services.

By accessing our website, browsing our products, or making a purchase, you agree to these Terms of Service and our Privacy Policy.

Please read these Terms carefully before using our website.

SECTION 1 – ACCESS AND ACCOUNT

By using our Services, you confirm that you are at least the age of majority in your province, state, or country of residence, or that you have obtained appropriate parental or guardian consent.

You agree to provide accurate, complete, and current information when placing an order or creating an account.

You are responsible for maintaining the confidentiality of your account information and for activities conducted through your account.

We reserve the right to refuse service, suspend accounts, or cancel orders where permitted by applicable law.

SECTION 2 – PRODUCTS AND SERVICES

Victor Gallery and Custom Framing offers original artwork, sculptures, fine art prints, custom framing, printing, and related products and services.

We make reasonable efforts to accurately represent our products through photographs, descriptions, and specifications.

However, colours, textures, finishes, and other visual characteristics may vary depending on screen settings, lighting, materials, and production processes.

Original artworks and handmade products may feature natural variations or characteristics associated with the artist's techniques and materials.

For custom framing and printing, customers are responsible for reviewing and approving dimensions, materials, finishes, and other specifications before production begins.

Product availability, descriptions, and pricing may change without notice, subject to applicable law and existing accepted orders.

Nothing in this section limits any rights or remedies provided by applicable consumer protection legislation.

SECTION 3 – ORDERS AND ACCEPTANCE

Placing an order constitutes an offer to purchase the selected products or services.

Orders are subject to availability, payment authorization, and acceptance by Victor Gallery and Custom Framing.

We reserve the right to decline or cancel orders where permitted by law, including in cases of product unavailability, pricing errors, suspected fraud, or incorrect information.

If an order is cancelled after payment has been processed, we will issue any refund required under applicable law.

Custom framing, printing, commissioned artwork, and special orders may enter production shortly after confirmation.

Once production has begun, changes or cancellations may not be possible. Any applicable cancellation charges will be communicated in accordance with the terms agreed upon at purchase and applicable law.

All returns and exchanges are subject to our Refund Policy and applicable consumer protection laws.

SECTION 4 – PRICING AND PAYMENT

Unless otherwise indicated, prices are displayed in Canadian dollars (CAD).

Applicable taxes, shipping charges, and other fees will be calculated and displayed during checkout.

Prices may change without notice, but changes will not affect orders already accepted unless otherwise permitted by law.

Customers are responsible for providing accurate billing and payment information.

For international orders, customers may be responsible for applicable customs duties, import taxes, and brokerage charges unless otherwise specified.

Custom framing, printing, and commissioned artwork may require a deposit or full payment before production begins.

Any deposit, payment schedule, or cancellation conditions will be communicated when the order is placed.

SECTION 5 – SHIPPING AND DELIVERY

We take care when packaging artwork, frames, prints, and other products for shipping.

Delivery times are estimates and may vary depending on product availability, production requirements, shipping destination, and carrier operations.

Custom-made products may require additional production time.

Customers are responsible for providing accurate shipping information and notifying us promptly of any errors.

If an item arrives damaged or incorrect, please contact us as soon as possible at order@victorgallery.ca and provide photographs of the item and packaging.

Shipping-related responsibility, remedies, and risk of loss are subject to applicable law and any specific delivery terms agreed upon at purchase.

SECTION 6 – INTELLECTUAL PROPERTY

All website content, including photographs, artwork images, text, graphics, logos, designs, and other materials, is protected by applicable copyright, trademark, and intellectual property laws.

Unless otherwise indicated, these materials belong to Victor Gallery and Custom Framing, participating artists, or their respective rights holders.

Purchasing an original artwork, sculpture, photograph, or print does not transfer copyright, reproduction rights, or other intellectual property rights to the purchaser.

Artwork and images may not be reproduced, copied, distributed, modified, or used commercially without permission from the appropriate rights holder.

Customers submitting images, designs, or other materials for printing or framing confirm that they own or have obtained the necessary rights and permissions for the requested use.

SECTION 7 – OPTIONAL THIRD-PARTY TOOLS

Our website may provide access to services or tools operated by third parties.

These may include payment processors, shipping services, and other integrations.

Third-party tools are provided subject to their respective terms and conditions.

We are not responsible for the independent operations or policies of third-party providers, except where responsibility cannot lawfully be excluded.

SECTION 8 – THIRD-PARTY LINKS

Our website may contain links to external websites, artist pages, suppliers, or other third-party resources.

We do not control these websites and are not responsible for their content, availability, or privacy practices.

We recommend reviewing the applicable terms and policies before using third-party services.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Victor Gallery and Custom Framing is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make in our store are made directly with Victor Gallery and Custom Framing.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Victor Gallery and Custom Framing, including injury, damage, or loss resulting from purchased products and services.

To the extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Victor Gallery and Custom Framing.

SECTION 10 – PRIVACY POLICY

Personal information collected through our website is handled in accordance with our Privacy Policy and applicable privacy laws.

Our website is hosted by Shopify, which may collect and process certain information necessary to operate the online store.

Please review our Privacy Policy for further details about the collection, use, storage, and disclosure of personal information.

SECTION 11 – CUSTOMER FEEDBACK

Customers may submit reviews, comments, suggestions, or other feedback regarding our products and services.

By submitting feedback, you grant Victor Gallery and Custom Framing permission to use, reproduce, and display that feedback for legitimate business and promotional purposes, subject to applicable law.

You confirm that your submissions do not infringe the rights of others or contain unlawful or misleading material.

We reserve the right to remove inappropriate or unlawful content.

SECTION 12 – ERRORS AND INACCURACIES

Occasionally, our website may contain typographical errors, incorrect product information, pricing inaccuracies, or other omissions.

We reserve the right to correct these errors and update information as necessary.

Where an error affects an order, we will contact the customer and provide an appropriate resolution in accordance with applicable law.

SECTION 13 – PROHIBITED USES

You agree not to use our website or Services for unlawful or unauthorized purposes.

Prohibited activities include:

Infringing intellectual property rights.
Copying or reproducing artwork or website content without permission.
Submitting fraudulent orders or payment information.
Transmitting malicious software or interfering with website security.
Collecting personal information without authorization.
Using automated systems to extract website content without permission.
Engaging in harassment, misrepresentation, or other unlawful conduct.

We reserve the right to restrict access or suspend accounts where permitted by law.

SECTION 14 – AUTOMATED AGENTS

Automated systems, including AI agents, bots, crawlers, and similar technologies, must not access or interact with our Services in a manner that circumvents security controls, disrupts operations, or violates applicable law.

Automated access must comply with any published technical restrictions and applicable website access policies.

We reserve the right to limit or block unauthorized automated activity.

SECTION 15 – TERMINATION

We may suspend or terminate access to our Services if a user violates these Terms or engages in unlawful or harmful activity.

Termination does not affect rights, obligations, or payments arising before termination.

Provisions relating to intellectual property, liability, dispute resolution, and other obligations intended to survive termination will remain applicable.

SECTION 16 – DISCLAIMER OF WARRANTIES

We make reasonable efforts to ensure that our website and Services are accurate, secure, and available.

However, we cannot guarantee uninterrupted access or that all website content will be free from errors.

To the extent permitted by applicable law, the website is provided on an “as is” and “as available” basis.

Nothing in these Terms excludes, restricts, or modifies warranties, conditions, or consumer rights that cannot legally be excluded.

SECTION 17 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Victor Gallery and Custom Framing will not be liable for indirect, incidental, special, or consequential damages arising from the use of our website or Services.

This includes losses resulting from service interruptions, technical errors, or events outside our reasonable control.

Nothing in these Terms limits liability where such limitation is prohibited by applicable law or restricts mandatory consumer rights and remedies.

SECTION 18 – INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify Victor Gallery and Custom Framing against third-party claims, losses, and reasonable expenses arising from your unlawful use of the Services, infringement of third-party rights, or material breach of these Terms.

This provision does not apply to claims resulting from our own negligence, unlawful conduct, or other circumstances where indemnification would be prohibited by law.

SECTION 19 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be limited or removed to the extent necessary.

The remaining provisions will continue in effect.

SECTION 20 – ENTIRE AGREEMENT

These Terms of Service, together with our Privacy Policy, Refund Policy, and any applicable written agreements or order-specific terms, constitute the agreement governing your use of our website and Services.

Any additional terms expressly agreed upon for commissioned artwork, custom framing, printing, or special orders will also apply.

Nothing in these Terms overrides mandatory consumer protection rights.

SECTION 21 – ASSIGNMENT

You may not transfer your rights or obligations under these Terms without our prior written consent.

We may assign our rights and obligations where permitted by applicable law, provided that such assignment does not unlawfully reduce your rights.

SECTION 22 – GOVERNING LAW

These Terms of Service are governed by the laws of the Province of Ontario and the applicable federal laws of Canada.

Subject to mandatory consumer protection laws and other applicable jurisdictional requirements, disputes arising from these Terms will be subject to the courts of Ontario.

SECTION 23 – HEADINGS

Section headings are included for convenience and do not affect the interpretation of these Terms.

SECTION 24 – CHANGES TO TERMS OF SERVICE

We may update these Terms of Service periodically to reflect changes in our operations, products, services, or legal requirements.

The latest version will be available on our website.

Changes will take effect when published or on a later date specified in the updated Terms, subject to applicable law.

Changes will not retroactively alter existing accepted orders unless permitted by law.

SECTION 25 – CONTACT INFORMATION

For questions about these Terms of Service, orders, artwork, framing, or printing services, please contact: