TERMS AND CONDITIONS
Effective Date: 22-09-2025
Website: www.craftheart.art (“Website”)
Operator: CraftHeart (“Company,” “we,” “us,” or “our”)
1 . ACCEPTANCE OF TERMS
1.1 - These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,”
“Customer,” or “you”) and the Company. By accessing, browsing, registering an account on, or purchasing
products through the Website, you expressly acknowledge that you have read, understood, and agreed to
be bound by these Terms.
1.2 - If you do not agree with these Terms, in whole or in part, you are prohibited from using the Website or
purchasing any goods or services therefrom.
1.3 - The Company reserves the right to amend, modify, or update these Terms at its sole discretion and without
prior notice. Continued use of the Website following such amendments constitutes acceptance of the
revised Terms.
2. ELIGIBILITY
2.1 - Use of the Website is permitted only to individuals who:
a. Are at least eighteen (18) years of age; or
b. If under eighteen (18), have obtained the express consent of a parent or legal guardian; and
c. Have the legal capacity to enter into binding contracts under applicable law.
2.2 - By using the Website, you represent and warrant that you satisfy the above requirements.
3. PRODUCTS AND ORDERS
3.1 - The Company offers for sale handmade paintings, epoxy resin-based art products, and related goods
(“Products”).
3.2 - Due to the handcrafted nature of the Products, minor variations in color, texture, dimensions, or finish
between the Product images displayed on the Website and the actual delivered Products shall not
constitute defects or grounds for rejection.
3.3 - All orders placed through the Website constitute an offer to purchase. The Company reserves the right, at
its sole discretion, to accept or decline such offers, whether due to stock unavailability, payment failure,
suspicion of fraud, or any other legitimate reason.
3.4 - No contract for the sale of Products shall be deemed concluded until the Company has confirmed
acceptance of the order by electronic mail or other written communication.
4. PRICING AND PAYMENT
4.1 - All prices are displayed in Canadian dollars (CAD) and are subject to change without notice.
4.2 - Payment must be made in full at the time of order via third-party payment processors (including, without
limitation, PayPal, Stripe, or other providers). By making payment, you authorize the Company and its
payment partners to charge your selected method of payment for the total amount of your order, including
applicable taxes and shipping costs.
4.3 - The Company does not retain, store, or assume responsibility for the security of your complete payment
card details. Such details are processed exclusively by the designated third-party payment providers.
5. SHIPPING, DELIVERY, AND RISK OF LOSS
5.1 - The Company shall make reasonable efforts to dispatch Products within the estimated time frame provided
at checkout. However, such time-frames are approximate and non-binding.
5.2 - Title to and risk of loss or damage to Products shall transfer to you upon delivery of the Products to the
carrier or shipping agent.
5.3 - The Company shall not be liable for delays, losses, or damages caused by events beyond its reasonable
control, including but not limited to natural disasters, strikes, supply chain disruptions, or carrier delays.
6. RETURNS, REFUNDS, AND EXCHANGES
6.1 - Due to the bespoke and handcrafted nature of the Products, all sales are final.
6.2 - Notwithstanding the foregoing, if a Product is demonstrably defective or damaged upon delivery, you must
notify the Company in writing within seven (7) calendar days of receipt, providing detailed photographic
evidence of the alleged defect or damage.
6.3 - Upon verification, the Company may, at its sole discretion, offer a replacement Product, repair, or partial/full
refund. No refunds or replacements shall be issued after the seven (7) day notification period has lapsed.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 - All content on the Website, including but not limited to text, graphics, photographs, designs, artworks,
logos, and digital files (collectively, “Content”), is the exclusive property of the Company and protected
under applicable copyright, trademark, and intellectual property laws.
7.2 - You are granted a limited, revocable, non-exclusive license to access and use the Website for personal, non-
commercial purposes only.
7.3 - You shall not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise
exploit any Content without the Company’s prior written consent.
8. USER ACCOUNTS AND SUBMISSIONS
8.1 - Users may be required to register an account to access certain features of the Website. You agree to
provide accurate, current, and complete information during registration and to promptly update such
information as necessary.
8.2 - You are solely responsible for maintaining the confidentiality of your account credentials and for any
activities conducted under your account.
8.3 - By submitting reviews, comments, or other content (“User Content”), you grant the Company a worldwide,
non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, distribute, display, and
adapt such User Content in connection with the Website and promotional activities.
8.4 - You represent and warrant that your User Content does not infringe any third-party rights and does not
contain unlawful, defamatory, or offensive material. The Company reserves the right to remove the User
Content at its sole discretion.
9. DISCLAIMER OF WARRANTIES
9.1 - The Website and Products are provided “as is” and “as available,” without warranties of any kind, whether
express or implied, including but not limited to implied warranties of merchantability, fitness for a particular
purpose, and non-infringement.
9.2 - The Company makes no representations or warranties regarding the accuracy, reliability, or completeness of
any Product descriptions, images, or Website content.
10. LIMITATION OF LIABILITY
10.1 - Exclusion of Certain Damages
To the maximum extent permitted by applicable law, the Company, its affiliates, directors, officers,
employees, agents, and contractors (collectively, “Company Parties”) shall not be liable for any indirect,
incidental, consequential, special, exemplary, punitive, or statutory damages, including but not limited to:
- Loss of profits, revenue, or business opportunities;
- Loss of data, content, or information;
- Loss of goodwill, reputation, or anticipated savings;
- Personal injury or property damage;
- Any damages arising from third-party claims;
even if the Company Parties were advised of the possibility of such damages.
10.2 - Cap on Liability
The Company’s aggregate liability to you, whether in contract, tort (including negligence), or otherwise,
arising from or related to the Website, any Products, or these Terms, shall not exceed the total amount paid
by you for the specific Product or service giving rise to the claim.
10.3 - Website Use and Product Disclaimer
You acknowledge that your use of the Website and any Products is at your own risk. The Company provides
no warranties regarding:
- Accuracy, completeness, or reliability of Website content;
- Suitability, quality, or fitness of Products for any particular purpose;
- Availability, continuity, or security of the Website;
- Compatibility of Products with third-party devices, systems, or software.
10.4 - Third-Party Services
The Company shall not be liable for any acts or omissions of third-party service providers, including
payment processors, shipping carriers, or hosting providers.
10.5 - Force Majeure
The Company shall not be liable or responsible for any failure or delay in performance due to events
beyond its reasonable control, including but not limited to:
- Acts of God, natural disasters, or severe weather;
- Strikes, labor disputes, or industrial action;
- Internet or communication failures;
- Pandemic, government action, or regulatory changes;
- Delays caused by carriers, suppliers, or third-party vendors.
10.6 - Acknowledgement of Risk
By using the Website and purchasing Products, you expressly acknowledge and agree that the limitations of
liability set forth herein are fair and reasonable allocations of risk, and that the Company would not provide
access to the Website or sell Products without these limitations.
10.7 - Legal Exceptions
Nothing in these Terms shall exclude or limit liability to the extent prohibited by applicable law, including
liability for:
- Death or personal injury caused by negligence;
- Fraud or fraudulent misrepresentation;
- Any other liability which cannot legally be excluded or limited.
11. INDEMNIFICATION
11.1 - You agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, and
affiliates from and against all claims, damages, liabilities, losses, costs, and expenses (including reasonable
legal fees) arising out of or related to:
a. Your breach of these Terms;
b. Your misuse of the Website or Products; or
c. Your violation of any third-party rights.
12. GOVERNING LAW AND DISPUTE RESOLUTION
12.1 - These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario,
Canada, without regard to conflict of law principles.
12.2 - Any dispute, controversy, or claim arising out of or relating to these Terms, the Website, or any Product
shall be subject to the exclusive jurisdiction of the courts located in Ontario, Canada, and you irrevocably
consent to the jurisdiction and venue of such courts.
13. SEVERABILITY
13.1 - If any provision of these Terms is found to be invalid, unlawful, or unenforceable, such provision shall be
severed, and the remaining provisions shall remain in full force and effect.
14. ENTIRE AGREEMENT
14.1 - These Terms constitute the entire agreement between you and the Company with respect to the subject
matter hereof and supersede all prior agreements, understandings, or communications, whether oral or
written.
15. CONTACT INFORMATION
For questions regarding these Terms, please contact us at:
📧 Email: info.craftheart@gmail.com