DEFINITIONS
Artist
The individual that created the artwork and products (“Odette Valero, also known as OV artisticdrive”).
Purchaser
The individual purchasing the artist’s “Work” ( artwork and products).
Work
The form of service created by the Artist available for sale to the Purchaser per the Agreement of Purchase. “Work,” “Art[work],” and “Product[s]” are used interchangeably herein.
Artwork
Any work executed manually by the Artist (incl. paintings , sculpture).
Products
Any of the Artist’s print or merchandise (incl. mugs, leggings, sweatshirts, puzzles, notebooks, etc ).
Agreement of purchase
The purchase record on the website, invoices, the discussion, documented via email (or where email is not available,), in which the Artist and Purchaser agree to the sale of the “Work”, the sale price, sale address, or any other additional details such shipping costs, etc. This Agreement of Purchase shall remain on record with the Artist, along with any other documents related to the Purchase, for at least two years.
Profiles
Onsite or Online locations where the “Work” may be displayed (e.g., “e-galleries,”, Facebook and Instagram albums, etc.). “Profile(s)” do not include any sites that display hateful or racist imagery, illegal activities, or sites known to display, reproduce, and/or sell works without crediting the Artist. Additionally, no “Work” may be displayed without notifying the Artist first, or as agreed upon in the Agreement of Purchase.
Personal space
Non-public, offline locations (e.g., home or office); i.e., no business involving the “Work” is being conducted.
Public space
Offline locations that do not fall under “Personal Space” above.
PAYMENT
Installments
The Artist requires payments to be made completely up-front; or unless otherwise agreed upon a written Agreement of Purchase.
Currency
All prices are expressed in Canadian Dollars (CAD), and payments are expected to be made as such. The Purchaser is responsible for providing the correct amount, equal to the CAD amount.
Method
The Artist’s preferred method of payment is via Paypal or direct online payment.Bank transfers may be alternative methods of payment, only in specific circumstances as agreed and confirmed by the Artists. The Artist will provide their payment details in OV’s website or in the Agreement of Purchase and Invoice.
Invoice
The Artist will provide a “confirmation of the purchase or invoice ” to the Purchaser to be completed during the check out or Agreement of Purchase. The Artist will not send the “Work”, until full payment has been received by the Artist.
HST (Tax)
The Harmonized Sales Tax (“HST”) is a consumption tax in Canada and it combines the goods and services tax (“GST”) and provincial sales tax (“PST”). The HST is 13% in Ontario, the province where the Artist operates. Please note, at the moment HST is not included in the sale of the “Work”, as the Artist is registered as a casual Sole-Trader, this may change in the future.
Payment deadlines
Payment must be paid in full when purchasing online or other methods.. For any customized “Work”, a deposit of 50% must be paid to the Artist upon a signed agreement, the total balance must be covered before the Artist sends/delivers the “Work”.
TERMS OF THE ARTIST'S WORK
The sale
The Artist hereby sells or transfers the ‘Work” to Purchaser at the agreed value published on OV’s website, or an email or document written and sent by the Artist.
Artwork duplication
The Artist might be able to reproduce some of the Artist’s Artwork upon request. This will be on-case-by-case-situation. The Purchaser is welcome to contact the Artists at odette@ovartisticdrive.com to discuss the request.
Few things to consider by the Purchaser when contacting the Artists for art reproduction:
- All of the Artist’s Artwork is unique, that means the Artist usually only creates one original Artwork piece. That said, the Artist might consider reproducing her Artwork upon request.
- Once the Artist agrees to reproduce her Artwork. The Artist will do her best to imitate the original, however the Purchaser must be aware that the duplicate might not look exactly the same as the original, this might have few differences.
- The cost of the duplication might vary to the original Artwork, especially if the Purchaser makes special requests (e.g. size, etc.)
- Once the Artist and the Purchaser discuss the request and the Artist agrees to it, she will issue the Purchaser an invoice outlining the terms, including a 50% deposit. The remaining balance must be covered before the Artist ships the Artwork.
Payment
Full payments must be made in the signing of the Agreement of Purchase or when checking out from OV’s website . In the event that payment is made in installments ( this option might be applicable in customized work, once confirmed by the Artists), ownership of the “Work” will only pass from the Artist to Purchaser on receipt of payment in full. The “Work” will not be shipped/sent to Purchaser until the agreed payment amount has been received. Payment method is determined as written in the Agreement of Purchase (i.e. PayPal, bank account transfer, this last one specific circumstances)
NOTE: All prices are specified as Canadian Dollars ($CAD). It is the Purchaser’s responsibility to ensure that they have converted currencies based on current exchange rates.
Copyright and reproduction
The Artist retains full copyright and reproduction rights of the “Work” unless otherwise stated and agreed upon in the Agreement of Purchase. Artist also retains full copyright for any preliminary designs and incidental works made in the creation of the artwork. The artwork may not be reproduced, sold or used for any profitable purpose without the expressed written permission by the Artist.
Notice of exhibition
Before committing the “Work” to a show, the Purchaser must give the Artist notice of intent to do so, telling the Artist all the details of the show that the Purchaser then knows.
Competitions
Under no circumstances may the Purchaser submit the “Work” to any kind of online or offline contest.
Artist's access
The Artist may have access to photograph the “Work” at no expense to Purchaser and upon reasonable notice to Purchaser.
Expiration
This contract binds the parties, their heirs, and all their successors in interest, and all the Purchaser’s obligations are attached to the “Work” and go with ownership of the “Work”, all for the life of the Artist and Artist’s surviving spouse plus twenty-one (21) years unless otherwise stated.
The moral right
This contract binds the parties, their heirs, and all their successors in interest, and all the Purchaser’s obligations are attached to the Work and go with ownership of the Work, all for the life of the Artist and Artist’s surviving spouse plus twenty-one (21) years unless otherwise stated.
Promotion
The Artist may use any images of the “Work” for promotional purposes. The Artist may also sell Limited Edition Prints of the Work. Merchandise for the Work may be available at the Artist’s discretion unless otherwise negotiated with the Purchaser.
Address notice
The Purchaser is responsible for insuring that their contact details are true and correct. Either party shall notify the other party in case of change of address prior to such change.
Courier delays
The Artists is not responsible for courier delays when shipping or delivering the “Work”.
Cancellations or exchanges
Please review your order carefully before placing it. The Artists will ONLY accept cancellations or exchanges if (1) The Purchaser requests it within 24 hours from his/her/ they purchase AND (2) the Work(s) has not been shipped. If one or both of the criteria mentioned are not met, the Purchaser will not be able to cancel or exchange the order. Likewise, I will not be able to refund you for your purchase. Please note: All of the Artist’s “Work” is original, limited edition and unique pieces. Therefore considering these facts, please understand it is not easy for the Artist to accommodate or accept cancellations or exchanges on any of “Work”. The Artist reserves the right to cancel or modify an order at any time due to supply issues, shipping delays, suspicion of fraud or a product becoming unavailable, if this is the case the Artist will email the Purchaser to the email provided during his/her/they purchase.
Damages, loss, theft and misplacement
The Artist is not responsible for any damages made to the Work except for those inflicted at the fault of the Artist or during the Artist’s possession. The Artist will contact the Purchaser should this occur. The Artist is also not responsible for any loss, theft or misplacement of the “Work”. The Artist will ensure packaging of the Work is safe and secure, and will provide postage and tracking details to the Purchaser once the Work has been posted. The Purchaser accepts all possible risks once the Agreement has been signed and payment made. Any damages, loss or misplacement caused at the fault of the Purchaser, the Courier company or during the Purchaser’s possession will not be refunded.
Miscellany
This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties. A waiver of any breach of any of the provisions of the Agreement shall not be construed as a continuing waiver of other breaches of the same or other provision hereof. This Agreement shall be governed by the laws of Canada.
Damages
The Artist has the right to pursue damages under Canadian Copyright Law, should there exist a violation in addition to a breach of these Terms of Service.