Terms of service
Terms & Conditions
1. Definitions
Customer: The (legal) person with whom Eclipseartgallery.ca has concluded an agreement.
Products: The products to be offered by Eclipseartgallery.caas determined in writing and / or orally.
Services: The services to be provided by Eclipseartgallery.cal as determined in writing and / or orally.
Agreement: The agreement (including these General Terms and Conditions) between Eclipseartgallery.cal and the Client.
Website: The website of Eclipseartgallery.ca
Webshop: The web shop managed by Eclipseartgallery.ca, consisting of the total range of products and services provided by Eclipseartgallery.ca.
2. General
These conditions apply to all agreements, offers and assignments between Eclipseartgallery.caand its Client. Deviations from these conditions are only valid if they have been expressly agreed in writing with Eclipseartgallery.ca. Eclipseartgallery.ca reserves the right to change these conditions at any time.
3. Agreement
The agreement is only concluded after acceptance of the offer and confirmation by Eclipseartgallery.ca. By placing an order (or otherwise accepting a quote, proposal or appointment) you as a customer accept these conditions. You are deemed to have read and accepted the general terms and conditions. Eclipseartgallery.ca reserves the right to refuse orders without giving reasons.
All offers from Eclipseartgallery.ca are without obligation. If Eclipseartgallery.ca cannot fulfill the order for unforeseen reasons, this will be communicated to you as soon as possible. You cannot claim any form of compensation and / or other rights for this.
The agreement can be canceled free of charge within 24 hours. In the event of cancellation outside this period, Eclipseartgallery.ca reserves the right to recover 10% of the purchase price from you the Customer. In the event of cancellation of specially ordered or composed products (all products with a delivery time of 6-60 working days, or being a specially ordered high-end item), Eclipseartgallery.ca reserves the right to recover 10% of the purchase price from you outside the 24- hour period.
Eclipseartgallery.ca has the right to dissolve the agreement without judicial intervention if you: the customer dies; is placed under guardianship; is declared bankrupt; submits a petition for suspension of payment or an attachment is levied on (part of) his property.
For all products delivered to you by the Customer Eclipseartgallery.ca, the delivery takes place under retention of title as determined in the Civil Code. Ownership of the products (or products) will only pass to you the Customer when full payment has been made.
4. Prices
All prices mentioned on Eclipseartgallery.ca exclude Ontario Taxes.
Eclipseartgallery.ca is entitled to change prices. Changes are incorporated in the product descriptions on the website
5. Payment & Delivery
Eclipseartgallery.cal informs the Customer at payment entry. Eclipseartgallery.ca offers payment options such as bank transfer, Debit, Paypal ,.
Payment can be made in (one of) the way (s) as indicated during the ordering process. Further (payment / order) conditions can be imposed on a customer's order. After placing an order, you will immediately receive a confirmation by e-mail with the customer stating the total costs, including shipping costs. Payment is always made in advance.
Payment options:
a) Directly and online via Paypal. The payment system by email address / credit card.
b) If you bank via the internet with TD, BOM or another bank, you can securely electronically pay for your order via our site. An electronic payment via the internet can be compared to a PIN payment in a store. After placing your order, choose the payment method Debit. A screen opens where you can choose the bank where you bank online. You then follow the procedure that you are used to with payments via internet banking. In principle, the payment is processed the same working day.
c) In case of payment in advance by bank transfer or paypal, payment must be received in full within five (5) working days after the order date by Eclipseartgallery.ca after which the order will be shipped.
Eclipseartgallery.cal is obliged to deliver within thirty (30) days after receipt of your order, unless otherwise agreed with you, the Customer. If this is not possible (order is temporarily out of stock), if there are delays for other reasons, or an order cannot or only partially be executed, the customer will be notified within a maximum of one (1) month after placing the order, and In that case, you have the right to cancel the order without any costs (except for other provisions of these General Terms and Conditions).
All products with a value above $ 2500.00 must normally be specially ordered. Products in stock with us or our suppliers can be delivered within a few days. In all other situations, the delivery time can be 2-8 weeks.
The optional insured shipping offers insurance up to a maximum of $ 5000.00. In the event of incorrect delivery, loss or damage to the product during transport, a maximum of this amount will be compensated. If you want a higher insurance value during transport, we can inform you about the rates before shipping.
In the event that a package is not delivered within an acceptable period after it has been sent by Eclipseartgallery.ca, the transporter will be asked to provide a current status or to start an investigation. This investigation by Purolator may take several weeks. Only when the transporter concludes on the status of the package (delivered, considered lost, incorrectly delivered or damaged) will Eclipseartgallery.catake action in the form of resending the order or the insured value of the package pay to the customer.
6. Returns
The customer is obliged to return the item at his own expense and risk. There are some conditions for returning:
You have the right to cancel the order up to 14 days after receipt without giving any reason (in writing or by email). After cancellation, the customer has another 14 days to return your product. You will then be credited with the full order amount (including the standard shipping costs, not being the optional additional shipping costs chosen by the customer). The costs for return are for the customer's own account. If the customer makes use of the right of withdrawal, the product will be returned to us with all accessories supplied and in original condition (as supplied by us) and packaging. We will then refund the amount due within 14 days (with the condition that the product to be returned has been received by us) after registration of your return.
The articles must be in original condition; new, undamaged, with attached labels and to be returned in original packaging. In addition, the official invoice plus the completed return form must be present. For products that are damaged or not fully returned, Eclipseartgallery.ca is at its own discretion not to return part of the amount as compensation for the damage or the part that is missing.
Items that you have bought at a discount CANNOT be exchanged or returned. Products sold as used (promotion or presentation products) by Eclipseartgallery.ca can NOT be exchanged or returned.
Eclipseartgallery.ca only accepts returns that have been registered in the manner described above and for which the instructions indicated have been followed. Returns that are not reported or not reported within the stipulated time or that do not meet the requirements described above will not be accepted.
Specially ordered or assembled products cannot be exchanged or returned, as the ordering and / or production process is so individualized. This provision applies to all products with a value of $ 750.00 and above, which have a delivery time longer than 6 working days. If Eclipseartgallery.ca deems this general condition to be contrary to reasonableness and / or fairness in a specific case, Eclipseartgallery.ca may choose to replace cancellation costs of 15% of the total purchase price as a replacement for these general terms and conditions.
The Customer has the obligation to examine on delivery whether the products comply with the agreement and to report any damage, defects and or deviations to Eclipseartgallery.ca
If an article does not comply with the agreement and has been notified to us in good time by the customer, stating the reasons, the customer is entitled to a replacement or repair of the missing.
Your return will be confirmed by e-mail upon receipt of the return. In case of prepayment, the amount of the returns will be credited by us within 15 working days.
The customer is obliged to send the items to be returned at his own expense. Returns, which are sent by post, must be sufficiently stamped at all times, insufficiently stamped returns are not received and therefore not credited.
The Customer bears the risk for the chosen shipping and packaging method. Any damage and / or defects are at the risk and expense of the Customer.
The payment term for payments by invoice is 7 working days (unless otherwise agreed). If payment has not yet been made after the payment term has expired, the Client will owe interest on the outstanding amount. The interest rate is 3% per (part) of a calendar month. The costs of collection in the event of default are fully for the account of the customer.
If payment is not made after sending a reminder, Eclipseartgallery.ca is entitled to claim the delivered products in accordance with the legal provisions of the Retention of Title. Ownership will only pass to the Client upon full payment of the agreed amount.
Delivery times are indicative and are indicated per approach. Eclipseartgallery.cal is not liable for damage resulting from exceeding this delivery term. The invoice date is considered the delivery time.
7. Ownership determination
The absolute rights, including copyrights and (other) intellectual rights to graphic products, equipment, software and applications of the Eclipseartgallery.ca website rest at all times with Eclipseartgallery.ca.
8. Liability
Eclipseartgallery.ca takes care of the products that it offers. In the event of a defective product, an adequate response will be given to rectify the defect. The Customer is entitled to repair and / or replacement. Returning the purchase price is not possible, unless agreed between Eclipseartgallery.ca and you the Customer. Eclipseartgallery.ca reserves the right to replace a product with a comparable product.
Liability for consequential damage resulting from the use / abuse of products supplied by Eclipseartgallery.ca is excluded. Eclipseartgallery.ca is not liable for damage resulting from incorrect use or use contrary to the reasonableness and fairness of the products it supplies. Eclipseartgallery.ca is not liable for the content of the customer responses on its website.
Eclipseartgallery.ca cannot be held to price statements that are clearly incorrect, for example as a result of obvious input, typesetting or printing errors. No rights can be derived from unlawful price information.
9. Warranty
Eclipseartgallery.ca grants a warranty on all products against production defects that manifest themselves within the warranty period. The warranty on the products of Eclipseartgallery.ca is 12 or 24 months from the date of purchase (invoice date).
Should your purchase fail during the warranty period, the product will be repaired free of charge or a new copy will be sent to us. If a product is no longer available, we will consult with the customer for correct handling. Returning the purchase amount is not possible. Eclipseartgallery.ca reserves the right to offer a comparable model for replacement.
The guarantee is indicated on the invoice and is only valid towards Eclipseartgallery.ca. All brands of which Eclipseartgallery.ca dealer is supplied including a completed warranty certificate, only with this card you can also obtain warranty directly from a physical dealer or the importer (even abroad). All high end watch brands come with a warranty towards Eclipseartgallery.ca.
Warranty can only be claimed with an invoice and a clear description of the defect (see form). Making a warranty claim must always be accompanied by return of the item so that the item can be examined.
If further inspection reveals that a defective product does not fall within the warranty conditions, the customer will always be notified. Defective products that are out of warranty can also be repaired by Eclipseartgallery.ca. You can request a repair calculation in advance. The costs of the repair and shipping will be borne by the customer. Payments for repair must be made before actual repair.
What is not covered by the warranty:
- Water damage
- All defects caused by human actions, not covered by production defects.
- Actions for which logically no guarantee can be offered.
- Products already opened or repaired by the customer or third parties.
The warranty lapses when a. Articles have been worn or used, b. yourself (or a third party) has tried to repair the defect, c. you have not followed the instructions for use and / or instructions for use.
10. Force majeure
Eclipseartgallery.ca is not obliged to fulfill one or more obligations if it is prevented from doing so as a result of force majeure. Force majeure is understood to mean everything that is understood in law and case law. A deadline set in consultation with Eclipseartgallery.ca regarding the delivery of a product to be specially ordered by Eclipseartgallery.ca will only qualify as dissolution grounds after 4 working days after the expiry of the deadline (reasonable term). In the event of dissolution within the deadline or its extension, Eclipseartgallery.careserves the right to recover 10% of the purchase price from the customer.
11. Privacy statement
Eclipseartgallery.ca will always treat the details of you the Customer, as well as the details of the Customer's webshop, and never provide them to third parties. An exception to this is when a Customer himself puts Eclipseartgallery.ca in the media and Eclipseartgallery.ca is reasonably obliged to respond in the form of hearing both sides of the argument.
12. Information
Eclipseartgallery.ca cannot guarantee that the information on the website is correct at all times, is excluded from typos and / or incorrect information provided by suppliers and / or third parties.
Eclipseartgallery.ca cannot be held liable for (any) damage that, directly or indirectly, arises from the use of (the information on) the website.
13. Changes
Eclipseartgallery.ca is entitled to unilaterally change these terms and conditions. Changes also apply to agreements already concluded.
14. Eclipseartgallery.ca information
Eclipseartgallery.ca part of Eclipse Art & Design
Eclipse Art Gallery
5-1031 Echo Hills Road
P1h 2J6 Huntsville
Ontario Canada
Website: Eclipseartgallery.ca
15. Copyright and Protected Rights
All published texts and images / photos on Eclipseartgallery.ca and / or other websites owned by Eclipseartgallery.ca are copyrighted by Eclipseartgallery.ca. Violation of the rights of Eclipseartgallery.ca is unlawful. Any unlawful use of the rights described above is punishable by a fine of $ 1,000.00 per day with a maximum of $ 1,000,000.
You can give an opinion / experience about Eclipseartgallery.ca an other media. Eclipseartgallery.ca is free to respond to such statements and to respond substantively to the situation. Any statements that are factually incorrect or are only intended to harm Eclipseartgallery.ca are unlawful. Eclipseartgallery.ca will, subject to rights and defenses, take legal action against this and recover all damage resulting from such tort from the person and / or persons concerned.