Our Terms of Use Agreement was last updated on April 30, 2024

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Overview and Acceptance of Terms

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Welcome to www.studiogerbrandtart.com ("Platform"), a website operated by Stephanie A. N. Gerbrandt DBA Studio Gerbrandt Art & Design. Throughout the Platform, the terms “we”, “us”,  and “our” refer to Studio Gerbrandt Art & Design, and “you” and “your” refer to you, the user and the individual accessing the Platform. 

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Please read these Terms of Use carefully before accessing or using our website. Stephanie A. N. Gerbrandt offers this website, including all information, tools, and services to you, and by accessing or using any part of our Platform, or purchasing products from us, you engage in our “Services” and agree to comply with and be bound by these Terms of Use ("Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Platform , including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

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If you do not agree to all these Terms, please refrain from using our Platform. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

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Any new features or tools which are added to the Platform shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to the Platform . It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

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Our Platform  is hosted by Wix.  They provide us with an online e-commerce platform that allows us to sell our Services to you.

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1. Use of the Platform

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1.1 Eligibility: By agreeing to these Terms and using our Platform, you represent that you are at least 19 years old or the age of majority where you live or have legal parental or guardian consent or you have given us your consent to allow any of your minor dependents to use this Platform.

1.2 Account Registration: To access certain features, you may need to register for an account. You agree to provide accurate and complete information during the registration process and to update this information in order to keep it current.

1.3 User Responsibilities: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use or security breaches.

You may not use our Services for any illegal or unauthorized purpose, nor may you, in the use of the Terms, violate any laws in your jurisdiction (including but not limited to copyright laws). 

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2. General Conditions

We reserve the right to refuse Services to anyone for any reason at any time. 
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform or Service, use of the Service, or access to the Service or any contact on the Platform through which the Service is provided, without express written permission by us. 
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. 

We are not responsible if the information made available on the Platform is not accurate, complete or current. The material on this Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Platform is at your own risk. 

This Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Platform at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our Platform. 

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3. Products and Services

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3.1 Product Listings: We strive to provide accurate and up-to-date product information, but we do not guarantee the accuracy, completeness, or reliability of any product listings and we reserve the right to correct any information on the Platform without notice to you (including after you have submitted your order), specifically:

• the colors of products ordered through the Platform, which may vary slightly depending on your device’s screen and settings and may appear different from the final product received;

• occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to product quantities, product descriptions, pricing, promotions, offers, product shipping charges, transit times, and product availability.

We have made every effort to display as accurately as possible the colors and images of our products that appear in the Platform, but we cannot guarantee that your computer monitor's display of any color will be accurate. 

Prices for our products are subject to change without notice. 

We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. 
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services. 

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3.2 Purchases: By purchasing on our Platform, you agree to pay the specified price, including any applicable taxes and fees, including any value-added tax (VAT), customs, shipping or other fees. You also agree to receive the product in the form selected on the Platform and confirm you will have taken care to confirm whether such as, where applicable, the product is purchased in rolled or stretched form or in any other product variation, and whether you have selected an original or an open print or limited edition of the product.

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3.3 Products or Services (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy. 
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

Order Confirmation: Our Platform does not guarantee the availability of any products. In the event that multiple users attempt to purchase the same item simultaneously, we reserve the right to cancel or limit quantities at our discretion, and we shall not be held responsible for any inconvenience or loss incurred. An order confirmation does not constitute acceptance of your order. We reserve the right to cancel or limit quantities at our discretion. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

For more detail, please review our Returns Policy. 

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4. Intellectual Property

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4.1 Ownership of Platform: We own or license all content and materials on the Platform, including text, images, logos, and trademarks, and they are protected by intellectual property laws.

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4.2 Rights related to the products: When you purchase a product on the Platform, we retain the intellectual property rights over the product, except that you are granted a limited license to use the product for personal and display purposes only. You may not replicate, alter, or modify any product purchased on the Platform without prior written approval from Studio Gerbrandt Art & Design.

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5. User Conduct

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5.1 Prohibited Activities: You agree not to engage in any activities that may harm, disrupt, or interfere with the Platform, including but not limited to hacking, spamming, or uploading malicious code. A breach or violation of any of the Terms will result in an immediate termination of your Services.

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Platform or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses. 

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5.2 Compliance with Laws: You agree to comply with all applicable laws and regulations in your use of the Platform.

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5.3 User Comments, Feedback, and other submissions:  If, at our request, you send certain specific submissions (eg. contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. 
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

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6. Privacy and Data Protection

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6.1 Data Collection: Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Platform, you consent to our data practices as outlined in the Privacy Policy.

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7. Optional Tools: We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms. 

8. Third-party Links: Certain content, products and services available via our Service may include materials from third-parties. 
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

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9. Disclaimers and Limitation of Liability

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9.1 Disclaimer of Warranties: The Platform is provided "as is" and "as available" without any warranties, express or implied. We do not guarantee, represent, or warrant that your use of our Platform will be uninterrupted, timely, secure or error-free.

You agree that from time to time, we may remove the Services for indefinite periods of time or cancel the Services at any time without notice to you. 

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9.2 Assumption of Risk and Limitation of Liability: You expressly agree that your use of, or inability to use, the Platform is at your sole risk.

In no case shall Stephanie A. N. Gerbrandt, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Platform or any products procured using the Platform, or for any other claim related in any way to your use of the Platform or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Platform or any content (or product) posted, transmitted, or otherwise made available via the Platform, even if advised of their possibility. Because some provinces, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.   
 

9.3 Indemnification

You agree to indemnify, defend and hold harmless Stephanie A. N. Gerbrandt, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, harmless from any claim or demand, including attorneys’ fees, made by any third-party due to or arising out of your use of the Platform or the Services, your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 
 

9.4 Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions. 

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9.5 Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. 
These Terms and any policies or operating rules posted by us on this Platform constitute the entire agreement and understanding between you and us and govern your use of the Platform, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). 
Any ambiguities in the interpretation of these Terms shall not be construed against us. 
 

10. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes. 

If applicable, you may terminate your account at any time by notifying us that you no longer wish to use our Services, or when you cease using our Platform. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any of these Terms, we also reserve the right to terminate or suspend your account at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

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11. Changes to Terms

We may update these Terms from time to time. By continuing to use the Platform after the effective date of the updated Terms, you agree to be bound by the revised Terms. Your continued use of or access to our Platform following the posting of any changes to these Terms constitutes acceptance of those changes. 
 

12. Governing Law

These Terms and any separate agreements whereby we provide you Services are governed by the laws of British Columbia, Canada. Any disputes under these Terms shall first be resolved by the parties involved, then through mediation, and, if not resolved, ultimately by arbitration.

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13. Contact Information:

If you have any questions about these Terms of Use, you may contact us:

• By visiting the Contact page on Our website, or by

• By sending Us an email at:  stephanie@studiogerbrandtart.ca