Terms & Conditions

Terms & Conditions of bourgeoisart.com

These Terms govern

the use of this Application, and,
any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

This Application is provided by:

Lyne Bourgeois, 196 21e rue ouest, Venise-en-Québec, Québec. J0J 2K0

Owner contact email: bourgeois.art@hotmail.com

What the User should know at a glance

Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

Unless otherwise specified, the terms of use outlined in this section apply broadly when using this Application.

Additional conditions of use or access may apply in specific scenarios and will be clearly indicated within this document.

By using this Application, Users confirm that they meet the following requirements:

There are no restrictions for Users regarding their status as Consumers or Business Users.

Content on this Application

Unless otherwise stated or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.

The Owner makes every effort to ensure that the content provided on this Application complies with applicable legal provisions and does not infringe third-party rights. However, achieving this result may not always be possible.

In such cases, while preserving Users' legal rights to assert their claims, Users are encouraged to report any related complaints using the contact details provided in this document.

The Owner retains all intellectual property rights for the content on this Application.

Users may not use this content in any manner that exceeds what is necessary or implied for the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the specified limits), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer, or create derivative works from the content available on this Application, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly permitted on this Application, Users may download, copy, and/or share certain content for their personal and non-commercial use, provided that copyright attributions and all other required attributions are correctly acknowledged.

Any applicable statutory limitations or exceptions to copyright remain unaffected.

Access to External Resources

Through this Application, Users may access external resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and is not responsible for their content or availability.

Conditions applicable to any resources provided by third parties, including any potential grants of rights in content, are governed by the terms and conditions of those third parties or, in their absence, by applicable statutory law.

Acceptable Use

This Application and its Services may only be used in accordance with their intended purpose, as defined by these Terms and applicable law.

Users are solely responsible for ensuring that their use of this Application and/or the Services does not violate any laws, regulations, or third-party rights.

The Owner reserves the right to take appropriate measures to protect its legitimate interests, which may include denying Users access to this Application or the Services, terminating contracts, and reporting any misconduct to the relevant authorities—such as judicial or administrative bodies—if Users engage in or are suspected of engaging in any of the following activities:

Violating laws, regulations, or these Terms;
Infringing on any third-party rights;
Significantly impairing the Owner’s legitimate interests;
Offending the Owner or any third party.

User Rights

Right of Withdrawal

Withdrawal Eligibility

Users may have the right to withdraw from the contract within a specified period (generally 14 days), without needing to provide a reason. Details about the withdrawal conditions can be found in this section.

Who This Applies To

Canadien Consumers are granted a statutory right to cancel online contracts within the specified period, unless stated otherwise below. Users who do not qualify as Canadien Consumers are not entitled to these rights.

Exercising the Right of Withdrawal

To withdraw from the contract, Users must send a clear statement of their intention to the Owner. Users may use the model withdrawal form found in the “Definitions” section, but they can also communicate their intent in any clear manner. To ensure the deadline is met, Users should send the withdrawal notice before the period expires.

Withdrawal Period Expiration

For goods: The withdrawal period ends 14 days after the User, or a third party designated by the User (not the carrier), takes physical possession of the goods.
For multiple goods delivered separately or a single good consisting of multiple items: The period expires 14 days after the User takes possession of the last item.

Effects of Withdrawal

If a User withdraws correctly, the Owner will reimburse all payments made, including delivery costs, except for any additional costs resulting from choosing a more expensive delivery option than the standard method offered. Reimbursements will be processed without delay and within 14 days of the Owner being informed of the withdrawal. Unless agreed otherwise, reimbursements will use the same payment method as the original transaction, and the User will not incur any fees.

Returning Physical Goods

Unless the Owner arranges to collect the goods, Users must return them without undue delay and within 14 days of notifying their decision to withdraw. The deadline is met if the goods are handed to the carrier before the 14-day period expires. Reimbursement may be withheld until the goods are received or evidence of return is provided, whichever comes first. Users are only liable for any diminished value of goods resulting from handling beyond what is necessary to assess their nature and functionality. Users bear the costs of returning the goods.

Exceptions to the Right of Withdrawal

The right does not apply to contracts:

For goods made to the consumer’s specifications or clearly personalized.
For goods that are inseparably mixed with other items after delivery.
Concluded at a public auction.
For services fully performed with the consumer’s prior consent, acknowledging that the right of withdrawal is lost once the service is complete.

Legal Guarantee of Conformity

Under Canadien law, traders must ensure the conformity of goods for a minimum of 1 years after delivery, meaning the goods must meet promised quality and functionality.

For Canadien Consumers, this guarantee applies to items available on this Application according to the laws of their habitual residence. National laws may offer broader rights. Such as the Quebec legal

Applicability to Non-Canadien Consumers

The Owner extends the statutory guarantee of conformity applicable in its registered office country to all Consumers, regardless of location, while respecting any more favorable rights that Users may have under their local legislation.

Dispute Resolution

Amicable Dispute Resolution

Users are encouraged to bring any disputes to the Owner, who will make every effort to resolve them amicably.

While Users retain the right to take legal action, we kindly ask that any issues regarding the use of this Application or the Service be directed to the Owner using the contact details provided in this document.

Users may submit a complaint, including a brief description and, if applicable, the details of any related order, purchase, or account, to the Owner’s email address specified herein.

The Owner will address the complaint promptly, aiming to respond within 2 days of receipt.

Terms & Conditions for Sale

Paid Products

Certain products offered on this Application are available for purchase.

The fees, duration, and conditions for these products are detailed below and in their respective sections within the Application.

Product Description

Prices, descriptions, and availability of products are outlined in the relevant sections of this Application and may change without notice.

While we strive to present products as accurately as possible, representations (including graphics, images, colors, and sounds) are for reference only and do not guarantee specific characteristics of the purchased product.

Detailed characteristics of the selected product will be provided during the purchasing process.

Purchasing Process

The purchasing process involves several steps from selecting a product to submitting an order:

Clicking the checkout button will open the Stripe checkout section, where users must enter their contact details and preferred payment method.
After providing the required information, users should carefully review their order and confirm it by clicking the appropriate button, thereby accepting these Terms and agreeing to pay the stated price.

All notifications related to the purchasing process will be sent to the email address provided by the user.

Prices
Users will be informed of any fees, taxes, and additional costs (including delivery fees, if applicable) during the purchasing process before submitting their order.

Prices on this Application are displayed excluding any applicable fees, taxes, and costs.

Methods of Payment

Information on accepted payment methods will be provided during the purchasing process. Some payment options may require additional conditions or fees, which will be noted in the relevant section of the Application.

All payments are processed through third-party services, and this Application does not collect payment information such as credit card details; it only receives notifications upon successful payment completion.

If a payment fails or is declined by the payment service provider, the Owner is not obligated to fulfill the order. Any costs associated with a failed payment will be the responsibility of the user.

Retention of Product Ownership

Ownership of any ordered products remains with the Owner until full payment is received.

Delivery

Deliveries will be made to the address provided by the user, as specified in the order summary.

Upon delivery, users must verify the contents and report any discrepancies promptly using the contact details provided in this document or on the delivery note. Users may refuse delivery of visibly damaged parcels.

Goods will be delivered to the countries or territories listed in the relevant section of this Application.

Delivery times will be communicated within the Application or during the purchasing process.

Failed Delivery

The Owner is not liable for delivery errors caused by inaccuracies or omissions in the purchase order provided by the user, nor for damages or delays occurring after handover to the carrier arranged by the user.

If goods are not received or collected by the specified time, they will be returned to the Owner, who will contact the user to arrange a second delivery attempt or discuss further actions.

Unless otherwise agreed, any delivery attempt after the first will be at the user’s expense.

Liability & Indemnification

USA Users

Disclaimer of Warranties
This Application is provided strictly on an “as is” and “as available” basis. Use of the Service is at the User's own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all warranties — whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No information obtained by Users from the Owner or through the Service creates any warranty not expressly stated herein.

Without limiting the foregoing, the Owner and its affiliates do not warrant that the content is accurate or reliable, that the Service will meet Users’ requirements, or that it will be available at any particular time or location, uninterrupted or secure. Users download any content at their own risk and are solely responsible for any damage to their computer system or mobile device or loss of data resulting from such downloads or use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any third-party products or services advertised or offered through the Service or any hyperlinked website. The Owner shall not be a party to or monitor any transactions between Users and third-party providers.

The Service may become inaccessible or may not function properly with Users’ web browsers, mobile devices, or operating systems. The Owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use.

Certain jurisdictions do not allow exclusions or limitations on implied warranties. Therefore, the above exclusions may not apply to all Users. This Agreement grants Users specific legal rights, which may vary by state.

Limitations of Liability

To the maximum extent permitted by law, the Owner and its affiliates are not liable for:

Any indirect, punitive, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, goodwill, or data.
Any damage, loss, or injury resulting from unauthorized access or use of the Service or User accounts.
Errors, mistakes, or inaccuracies in content.
Personal injury or property damage resulting from User access to or use of the Service.
Unauthorized access to the Owner’s secure servers and any personal information stored therein.
Interruption or cessation of transmission to or from the Service.
Bugs, viruses, or other harmful components transmitted through the Service.
Errors or omissions in content or any loss incurred from the use of content made available through the Service.
Defamatory, offensive, or illegal conduct by Users or third parties.

In no event shall the Owner’s liability exceed the amount paid by the User in the preceding 12 months or the duration of this agreement, whichever is shorter. This limitation applies regardless of the legal basis of the claim.

Some jurisdictions do not allow limitations on incidental or consequential damages. Therefore, the above limitations may not apply to all Users.

Indemnification
The User agrees to defend, indemnify, and hold harmless the Owner and its affiliates from any claims, damages, obligations, losses, costs, or expenses, including legal fees, arising from:

User’s access to or use of the Service.
Violation of these Terms by the User.
Violation of third-party rights, including privacy or intellectual property rights.
Violation of any laws or regulations.
Any content submitted from the User’s account.
User’s willful misconduct.

Common Provisions

No Waiver
The Owner’s failure to assert any right or provision under these Terms does not constitute a waiver of that right or provision. No waiver shall be considered a continuing waiver of any term.

Service Interruption
To maintain service quality, the Owner reserves the right to interrupt the Service for maintenance, system updates, or other changes, with appropriate notice to Users. The Owner may also suspend or terminate the Service altogether, cooperating with Users to enable the withdrawal of personal data in accordance with applicable law.

Service Reselling
Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of this Application or Service without the Owner’s express prior written permission.

Privacy Policy
Users can learn more about the use of their personal data by referring to the privacy policy of this Application.

Intellectual Property Rights
All intellectual property rights related to this Application are the exclusive property of the Owner or its licensors and are protected by applicable laws.

Changes to These Terms
The Owner reserves the right to modify these Terms at any time, with appropriate notice to Users. Continued use of the Service after changes signifies acceptance of the revised Terms. If Users do not agree, they must stop using the Service.

Assignment of Contract
The Owner may transfer, assign, or subcontract any rights or obligations under these Terms. Users may not assign their rights or obligations without the Owner’s written permission.

Contacts
All communications regarding this Application must use the contact information provided in this document.

Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full effect.

Governing Law
These Terms are governed by the laws of the jurisdiction where the Owner is based.

Venue of Jurisdiction
Exclusive jurisdiction for any disputes lies with the courts where the Owner is based, except for Users qualifying as European Consumers, who may have additional rights.