HelloCanvas.com Privacy Policy
The following Privacy Policy applies to the use of the HelloCanvas Inc. website (“the Website”), including but not limited to product purchases, and generally your relationship with HelloCanvas Inc.. (“HelloCanvas Inc.”).
At HelloCanvas Inc. we respect the privacy of our users and the importance of the information they entrust to us and we will not sell or commercially exploit your personal information. By using the Website and purchasing products from us, you accept and allow the collection and use of your personal and non-personal information as outlined below. You should visit this page periodically to review any amendments to our Privacy Policy. Your continued use of the Website and purchases of our products indicate your acceptance of any changes to this Privacy Policy.
Personal Information and other data that may be collected
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. We may collect personally identifiable information (“Personal Information”), such as your name and address, including email address, when you or other users provide it to us. We may also collect Personal Information from third parties. We may combine the Personal Information and other data received from different sources. Some collected information is not explicitly submitted by the users of our Website: (i) our server logs automatically and collects information, such as your IP address, your browser type and language, and the date and time of your visit; (ii) we may assign your computer one or more cookies which may collect information to facilitate access to our Website and to personalize your online experience; (iii) we may use standard Internet tools, such as web beacons, which collect information that tracks your use of our Website to enable us to customize our services.
Use of collected information
We may use Personal Information to (i) fulfill, facilitate and improve the services on our Website; (ii) offer products and services that may be of interest to you; (iii) customize the advertising and content on our Website; (iv) manage your account and preferences; (v) identify and protect against fraudulent transactions and other misuses of our Website; and (vi) enforce the HelloCanvas Inc. Terms and Conditions.
Sharing of collected information
We will not share Personal Information with others except as indicated in this policy. We may share personal information with: (i) service providers, such as credit-card payment processors, performing services on our behalf; and (ii) other third parties in limited circumstances, such as complying with legal requirements, preventing fraud, and protecting the safety of the users of our Website. We reserve the right to transfer your Personal Information in the event of a transfer of ownership of the Website and/or HelloCanvas Inc., such as an acquisition by, or merger with another company.
Your choices
You may choose: (i) not to provide Personal Information, although that may result in your inability to use certain features of our Website; and (ii) to delete or decline cookies by changing your browser settings, although if you do so, some of the features or services of our Website may not function properly. We will take commercially reasonable steps to ensure that your Personal Information is removed from or corrected in our records according to your amendments and updates in your account.
Changes to this Privacy Policy
This Privacy Policy may be modified by HelloCanvas Inc., at any time without prior notice, and such modifications will be effective upon posting of the new Privacy Policy. It is your sole responsibility to review the Privacy Policy on a regular basis to become familiar with any modifications.
How to contact us. If you have any questions about our Privacy Policy, please fill send us an email at info@hellocanvas.com
HelloCanvas Inc. General Terms and Conditions
The following Terms and Conditions (the “Terms”) apply to the use of the HelloCanvas website (“the Website”), including but not limited to product purchases, and generally your relationship with HelloCanvas Inc. (“HelloCanvas”), the operator of this Website, and its affiliated companies. Additional or different terms and conditions will be null and void, unless explicitly accepted in writing by HelloCanvas.
APPLICABILITY
Use of the Website is conditional on your agreement to these Terms. You must read, agree with, and accept all of the terms and conditions contained in the Terms, the Privacy Policy. By checking the box “I Accept” and by using the Website, you indicate your continued acceptance of the Terms, including future amendments, if any. If you do not comply with the Terms during your use of the Website, you will no longer have the right to use the Website, including purchasing products from us. You agree and understand that the Terms, the Privacy Policy, and the Website may be modified by HelloCanvas at any time without prior notice, and such modifications will be effective upon posting of the new terms and/or upon implementation of the new changes on the Website. It is your sole responsibility to review the Terms and the Privacy Policy periodically to become familiar with any modifications. Your continued use of the Website after any modifications indicates your acceptance of the modified Terms and Privacy Policy.
OFFERS, ORDES, PRICES, AND, SHIPPING
All offers by HelloCanvas are non-binding and may be revoked at any time. Product configurations and prices are subject to change at any time. All orders are subject to product availability. All prices are in US dollars, exclusive of sales tax, if any, and including formatting, preparations to make the images print ready, printing, packaging and shipping within the contiguous United States. If you would like to have products shipped to other locations, please contact us first, before submitting your order. We do not ship to P.O. Boxes. Our products are shipped through third party carriers and delivery times and dates are merely estimates. HelloCanvas CANNOT BE HELD LIABLIE FOR ANY DAMAGES AS A RESULT OF DELAY IN DELIVERY OF PRODUCTS. HelloCanvas is entitled to make partial deliveries.
PAYMENT
HelloCanvas will not start processing any orders before receipt of the full purchase price. If HelloCanvas allows for later payment, you agree to pay all invoiced amounts within fourteen (14) days of the invoice date. Where payment is not made within this term, contractual interest shall be owed at a rate of 1.5% a month, or the highest rate allowed by law, whichever is higher. You are not entitled to refuse or to suspend any payment obligations on account of alleged product defects or on any other account whatsoever.
IMAGES
Images and other content may only be submitted in digital format, either in JPG of GIF format. You are solely responsible for any content that you submit to us, whether by uploading onto the Website, or by sending it to us, at your own risk, on a hardcopy media carrier, or as a hardcopy image to be digitally scanned by us. Hardcopy media carriers submitted to us will become the property of HelloCanvas and will not be returned to you. Although as a rule we will include with your order all hardcopy images you submitted to us, we cannot guarantee that all images will be returned to you, or will be returned undamaged. You should only submit images and other content to be printed by us, if you are properly authorized by the intellectual property owner of such images and content, or if these are in the public domain. You understand and agree that HelloCanvas may review, delete, or destroy any content that, in its sole judgment, might be offensive, illegal, inappropriate, or that might violate the rights of, harm, or threaten the safety of others.
DEFECTIVE PRODUCTS
Claims in connection to defective products or errors in shipping must be reported to HelloCanvas within five (5) days of receipt of such shipment by sending an email with HelloCanvas’s order confirmation to: [email address]. If you fail to report timely, you will be deemed to have irrevocably accepted the product(s), and HelloCanvas will have no obligation to correct such shipments, unless you bear all the expenses thereof. THE SOLE AND EXCLUSIVE REMEDY FOR ALLEGEDLY DEFECTIVE PRODUCTS IS THE REPLACEMENT OR REPAIR OF SUCH PRODUCTS, OR A REFUND OF THE PURCHASE PRICE, AT THE SOLE DISCRETION OF HELLOCANVAS. You cannot return any products, and no refunds will be made, without the explicit written authorization by HelloCanvas. All returned products will become property of HelloCanvas.
You are solely responsible for submitting images and other content with sufficient resolution in connection to the size of the product, and you accept that next to resolution, variations in color, contrast, clarity, sharpness, and graphical display of your image and other content, or variations in wood and wood structure, or damage to the packaging of products, does not render a product defective, or cause any liability for HelloCanvas. OUR FRAMES ARE MADE OF NATURAL WOOD; WHEN UNPACKING AND BEFORE HANDLING PLEASE CHECK CAREFULLY FOR ANY SPLINTERS OR OTHER SHARP OBJECTS.
WARRANTY
ALL HELLOCANVAS PRODUCTS AND THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, SERVICES, AND INFORMATION AVAILABLE ON OR ACCESSED BY MEANS THEREOF, ARE PROVIDED “AS IS”. EXCEPT AS UNAMBIGUOUSLY AND EXPRESSLY SET FORTH IN THESE TERMS, HELLOCANVAS MAKES NO REPRESENTATIONS OR WARRANTIES IN CONNECTION TO ITS PRODUCTS, INCLUDING WARRANTIES ABOUT ITS PRODUCTS’ MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT (WHETHER EXPRESS, IMPLIED OR STATUTORY).
LIABILITY
IN NO EVENT WILL HELLOCANVAS BE LIABLE TO YOU FOR ANY PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE RELATIONSHIP WITH YOU, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF HELLOCANVAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HELLOCANVAS’S MAXIMUM AGGREGATE LIABILITY FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO $100,- OR THE PURCHASE PRICE PAID TO HELLOCANVAS IN CONNECTION TO THE PRODUCTS SUBJECT TO THE CLAIM, WHICHEVER IS LESS.
HelloCanvas will not be liable for any delay in performing or failure to perform any of its obligations under this agreement caused by events beyond its reasonable control. HelloCanvas will notify you promptly in writing of the reasons for the delay or stoppage (and the likely duration) and will take all reasonable steps to overcome the delay or stoppage.
COPYRIGHT
The Website and the content thereof, is protected by copyright and/or other intellectual property rights. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit the Website and the content thereof, in whole or in part.
SEVERABILITY
If any provision of these Terms, the Privacy Policy, or any other agreement between you and HelloCanvas is held to be null, void or otherwise ineffective or invalid by a court of competent jurisdiction, (i) such provision shall be deemed to be restated to reflect as nearly as possible the original meaning of the terms or agreement in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions shall remain in full force and effect.
APPICABLE LAW AND FORUM CHOICE
Unless stated otherwise in writing, all agreements shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to the United Nations Convention on the Contracts for the International Sale of Goods. With respect to any disputes arising between the parties, parties hereby submit exclusively to the personal jurisdiction of the Federal courts in New York, New York. The parties consent and agree that each such court is a convenient forum for, and has proper venue over, the resolution of all legal actions, proceedings and disputes arising out of or relating to their relationship. ANY CAUSE OF ACTION AGAINST HELLOCANVAS, REGARDLESS WHETHER IN CONTRACT, TORT OR OTHERWISE, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH ACTION IS PERMANENTLY BARRED.