Conditions of Use

USE OF SITE

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Nextart.ca or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

CUSTOM ART ORDERS

By using our Photos to Art interface you certify that you own copyright for the photo(s) or are authorized by the owner to make a photo-to-canvas reproduction.

TRADEMARKS

All brand names and products mentioned herein are either registered trademarks or trademarks of their respective owners and are hereby recognized as such.

RETURN AND EXCHANGE POLICY

nextart.com has the right to reject damaged goods and decline any return. All items sent for a return must have a proper Return Merchandise Authorization (RMA) form accompanying the shipment. If the RMA form is missing nextart.com reserves the right to decline a return. Refunds, exchanges and store credits are processed only after an issued RMA form is received, the purchased items are received and the customer specifies what type of return he/she would like to process. Refunds are judged based on receipt of the item and not when shipped out. All returns for credit must be in original condition, include original packing material, manuals and all other accessories provided upon original delivery. 60 Day Money Back Guarantee starts on the date of the purchase and is valid for 60 Calendar Days, which include: weekends and holidays. If the merchandise is returned after the 60 Day Money Back Guarantee than a Store Credit is issued. Store Credit will be issued for the current value of the merchandise (If product was purchased for $79.00, and at the time of return price drops to $59.00 a Store Credit will be issued for $59.00). nextart.com will send, via email, a free return UPS Ground label upon customer return request. Free Return Shipping is not available on international, 61"x41", 90"x60", 72"x24"x1.5" and 90"x30"x1.5" art orders. Return cost will only be refunded via return label, financial refund for return shipping will not be issued.(initial shipping charges are not refundable). All expenses incurred by the customer for shipping the item without the agreement from nextart.com will not be reimbursed. (For International orders and orders outside of Continental United States, nextart.com will cover up to $9.95 USD for shipping charges). A replacement ships within 5-7 days of us receiving your defective return. Expedited replacement is available. Original Shipping and Handling is non-refundable.

PRODUCT PRICE CHANGES

In the event of a price reduction of an item recently ordered, Nextart.ca will only credit a difference to an order if the order is in the process phase. Any price reduction will not be refunded if the order has been shipped.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Nextart.ca, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

TYPOGRAPHICAL ERRORS

In the event that a Nextart.ca product is mistakenly listed at an incorrect price, Nextart.ca reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Nextart.ca reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Nextart.ca will issue a full credit back to your credit card account in the amount of the incorrect price. Nextart.ca is not responsible for typographical or photographical errors. Prices and specifications are subject to change without notice.

TERM; TERMINATION

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Nextart.ca without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

NOTICE

Nextart.ca may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Nextart.ca.

PARTICIPATION DISCLAIMER

Nextart.ca does not and cannot review all communications and materials posted to or created by users accessing the site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Nextart.ca is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Nextart.ca reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Nextart.ca in its sole discretion.

LIMITATION OF LIABILITY

Nextart.ca shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Nextart.ca has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

CANCELLATION POLICY

Orders must be cancelled via email or telephone or through customer account and a confirmation by one of Nextart.ca representatives within 24 hours of purchase. Refused shipments may be subject to a 30% restocking fee.

PURCHASE AGREEMENT AND PAYMENTS

All Credit Card transactions will be processed on the same date of the order.  This capture of payment will be more than 1 business day in advance of shipment.  As Nextart.ca artwork is made-to-order, art prints are shipped between 5-7 business days after capture of payment and custom prints are shipped between 7-10 business days after capture of payment.  By accepting delivery of any product sold from Nextart.ca you ("Customer") agree to be bound by the terms and conditions listed. You and Nextart.ca agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Nextart.ca. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from Nextart.ca.

SALES TAX

Sales tax is only required for orders shipping into Illinois. Therefore all orders shipping into Illinois will be charged applicable sales tax according to current tax rate. Please note that the sales tax for Illinois orders is calculated based upon the total price of the order, and include shipping and handling. The tax imposed by the state on shipping and handling is part of the state sales tax, not a separate tax.

DUTY TAX

All duties and taxes for orders outside of United States are to be paid by an appropriate party nextart.com is not responsible for any billing imposed by any state outside of United States. If products are being shipped outside of United States, the recipient of the product is fully responsible for all the applicable duties and taxes. If merchandise is refused at the time of delivery, it will be returned to nextart.com where it will be held for 30 Days. If Goods are not claimed within 30 days of receipt at the warehouse, nextart.com holds the right to cancel the order and charge a 25% restocking fee.

CONTRACT AGREEMENT

These terms and conditions, together with a Nextart.ca invoice regarding the products ordered by the Customer, are the complete and exclusive agreement between Nextart.ca and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Nextart.ca and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

PRIVACY

Nextart.ca respects and values your privacy. We will not under any circumstances sell or release your information to anyone except as outlined in our privacy policy. All of the information obtained from our website will be used for processing purposes only. The only e-mails you will receive from Nextart.ca are: 

  • Transactional: updates to status of orders and returns
  • Promotional: updates about discounts, new products, new artists, etc.
  • Informational: updates about Nextart.ca

FAIR CREDIT BILLING ACT

We guarantee that every online transaction you make will be 100% safe. Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50.00 for fraudulent charges. If your bank does hold you liable for $50.00, nextart.com will cover the entire liability for you, up to the full $50.00. nextart.com will only cover this liability if the unauthorized use of your credit card resulted through no fault of your own from purchases made while using our secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.

COPYRIGHT

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of nextart.com. The collective work includes works that are licensed to nextart.com. Copyright 2006-2017 and beyond, nextart.com RESERVES ALL RIGHTS. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with nextart.com. You may display and, subject to any expressly stated restrictions or limitations relating to specific materials, download or print portions of the materials from the different areas of the site solely for your own non-commercial use, or to place an order with nextart.com. Any other use, including but not limited to the copy/pasting, reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by nextart.com. You further agree not to change or delete any proprietary notices from materials downloaded from the nextart.com.

ART COPYRIGHT

In purchasing any images on this website, you obtain no copyright rights or other intellectual property rights of any form in the content and may not duplicate or republish the art or photography for any reason, including, but not limited to, commercial purposes. You further understand and agree that in selecting any content and in adding text or other alterations to such content, you in no way obtain copyright rights or other intellectual property rights in the content as joint copyright owner or otherwise. 

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