Effective: March 7, 2016
These Terms of Service (“Terms”) are a contract between you and Wondereur Inc. They govern your use of Wondereur’s sites, services, mobile apps, products, and content (“Services”).
By using Wondereur, you agree to these Terms. If you don’t agree to any of the Terms, you can’t use Wondereur.
A- Use of Website’s Content and Services
We reserve all rights to Wondereur’s look and feel. Some parts of Wondereur are licensed under third-party open source licenses. We also make some of our own code available under open source licenses. As for other parts of Wondereur, you may not copy or adapt any portion of our code or visual design elements (including logos) without express written permission from Wondereur unless otherwise permitted by law.
You may not do, or try to do, the following: (1) access or tamper with non-public areas of the Services, our computer systems, or the systems of our technical providers; (2) access or search the Services by any means other than the currently available, published interfaces that we provide; (3) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information; or (4) interfere with, or disrupt, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content or accounts in such a manner as to interfere with or create an undue burden on the Services.
Crawling the Services is allowed if done in accordance with the provisions of our robots.txt file, but scraping the Services is prohibited.
We may change, withdraw, or suspend access to the Service (in whole or part and permanently or temporarily) with or without notice and with no liability to you.
B- Purchase of products
Acceptance of order
All information on the Website is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order ("Products") from us on the Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason whatsoever without liability to you, unless we are not permitted to do so under statutory law. Examples of when we may not accept your order are as follows:
(a) If products are shown on the Website but are not available or are incorrectly priced or otherwise incorrectly described;
(b) If we are unable to obtain authorisation of your payment;
(c) If you order multiple quantities of an individual Product where such Products are to be shipped to any one customer or delivery address;
(d) If shipping restrictions may apply to a Product ; or
(e) If the delivery address you give is the address of an entity or individual providing freight forwarding services.
After submitting an order to us, we will send you an order acknowledgement email with your order number and details of the Artworks you have ordered from Wondereur. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of a contract of sale of the Artworks between us and you will not take place unless and until the Artist has confirmed availability of the Artworks and we have sent you an email confirming that the Artworks have been shipped to you ("Shipping Confirmation"). After entering into the contract of sale, we will be under a legal duty to supply you with goods that are in conformity with the contract.
Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors.
Variations in the display properties of the computer hardware you use to view the Website may mean that the colours of the Artworks displayed on the Website and the Artworks delivered to you may differ in appearance in minor respects.
We do not accept orders where the corresponding delivery address you give is that of an entity or individual providing freight forwarding services. In the event that we do accept any order and we subsequently become aware that the corresponding delivery address for such order is that of an entity or individual providing freight forwarding services, we shall be entitled to cancel such order upon notice to you by email or telephone.
Transfer of title
Copyright: The Artist warrants that he or she is the owner of the copyright in the Work. Copyright is retained by the Artist and has not been assigned. All moral rights in the Work are retained by the Artist and have not been waived.
Non-destruction: The Purchaser shall not distort, mutilate, modify or destroy the Work without the prior written consent of the Artist.
Title: Transfer of title in the work remains with the Artist until all amounts the Purchaser is obligated to pay have been paid in full to the Artist at which time title shall pass to the Purchaser.
No Warranties: There are no warranties, conditions or agreements, express or implied, statutory or otherwise, affecting the Work or affecting the rights of the parties to this Agreement, nor is there any agreement supported by this Agreement other than as specifically contained herein.
Limitation of Liability. Wondereur won’t be liable to you for any damages that arise from your using the Services. This includes if the Services are hacked or unavailable. This includes all types of damages (indirect, incidental, consequential, special or exemplary). And it includes all kinds of legal claims, such as breach of contract, breach of warranty, tort, or any other loss. No waiver. If Wondereur doesn’t exercise a particular right under these Terms, that doesn’t waive it.
Severability. If any provision of these terms is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain in full effect.
Choice of law and jurisdiction. These Terms are governed by Ontario law, without reference to its conflict of laws provisions. You agree that any suit arising from the Services must take place in a court located in Toronto, Canada.
Entire agreement. These Terms (including any document incorporated by reference into them) are the whole agreement between Wondereur and you concerning the Services.