Terms, Conditions & Policies
On this page, you will find the following information:
- Terms & Conditions
- Art Instruction
- Payment Policy
- Refund and Cancellation Policy
- Missed Class Policy
- Merchandise Purchases
- Payment Policy
- Shipping Policy
- Refund Policy
Terms & Conditions
Brenda Rowe Artwork (www.brendaroweartwork.com and/or www.brendarowe.ca) has adopted the following Terms of Service in connection with the services and products provided through this site. Brenda Rowe Artwork offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. This website is operated by Brenda Rowe Artwork. Throughout the site, the terms “we”, “us” and “our” refer to Brenda Rowe Artwork.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. 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.
Our website is hosted by SIteground.com and we use PayPal (third-party) for our online e-commerce platform that allows us to sell our products and services to you.
By using our site, you consent to our Terms of Service.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site 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 site is at your own risk. This site 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 site 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 site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (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 Service.
SECTION 5 - 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 Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 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 anytime 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.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. 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 information, including your email address, so that we can complete your transactions and contact you as needed. For more detail, please review our Return & Exchange Policy.
SECTION 7 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example 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 of Service. 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.
SECTION 8 - PERSONAL INFORMATION
SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 10 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site 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 Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Brenda Rowe Artwork, 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 service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 12 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Brenda Rowe Artwork and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 13 - SEVERABILITY
In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement 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).
SECTION 15 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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 of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 16 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Brenda Rowe Artwork RR#3 Box 5 Comp 3 Torbay NL Canada A1K 1B5.
SECTION 17 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 18 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
Brenda Rowe Artwork (www.brendaroweartwork.com and/or www.brendarowe.ca) has adopted the following Class & Workshop Policy applicable to the classes and workshops offered through this site. Brenda Rowe Artwork offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. This website is operated by Brenda Rowe Artwork. Throughout the site, the terms “we”, “us” and “our” refer to Brenda Rowe Artwork.
By using our site, you consent to our Art Instruction: Payment, Refund and Cancellation, and Missed Classes Policies.
Pre-registration is required as space is limited. Payment can be made with either Cheque, EFT, PayPal, Visa or MasterCard.
A $20 charge will be charged on NSF Cheques or EFT.
Painting Encounters Workshops and Artist Choice sessions require the full amount of the workshop be paid to hold your seat. All payments must be received within 2 business days from registration.
Corporate & Group Workshops require a non-refundable deposit of 50% of the total workshop cost.
The full balance remaining for Corporate & Group Workshops is due at the beginning of the workshop.
Class Limits & Minimum Participants
Maximum class size is usually 10 so that I can ensure individual instruction time for every participant is available.
A minimum number of 6 participants are needed for Artist Choice Sessions or 5 participants for Workshops to proceed. Refunds will be issued to those who have pre-registered in case of class cancellation if the minimum is not reached 2 days prior to start date, or in certain circumstances registration date, of Artist Choice Sessions or Workshops.
Refund and Cancellation Policy
No refunds or credits will be issued.
In the event that an Artist Choice Session, Introduction to Art Class, or Painting Encounters Workshop is cancelled by Brenda due to unforeseen circumstances or inclement weather, the Artist Choice Session, Introduction to Art Class, or Painting Encounters Workshop will be cancelled. Please check for e-mails between 3:30-5:30pm for a cancellation notice. Storm cancellations will also be placed with Coast 101.1 and Stingray Radio Stations in the case of a storm cancellation. If the rescheduled date for a Painting Encounters Workshop is not suitable for the participant, a credit or refund will be issued for the full cost, or partial cost in the case of a multi-day workshop, of the Painting Encounters Workshop. If the rescheduled date for a class of the Artist Choice Session or Introduction to Art Class is not suitable for the participant, a credit only based on the cost of the rescheduled class only will be issued.
In the event that a Corporate & Group Workshop is cancelled by Brenda due to unforeseen circumstances or inclement weather, the Workshop will be rescheduled for a mutually agreeable time between Brenda and the group. Storm cancellations will also be placed with Coast 101.1 and Stingray Radio Stations in the case of a storm cancellation. The Group Contact Person should contact Brenda directly if there is any question if the workshop will be proceeding.
Missed Classes Policy
Due to the nature of the Artist Choice Sessions, where each participant will be working at their own pace, there will be no make-up classes when a participant does not show for a class or classes in the Artist Choice Session.
For Painting Encounters, Introduction to Art, Various Workshops, and/or Corporate & Group Workshops, the participants will be working together to learn certain techniques, there will be no make-up time if a participant misses time during a Workshop. Participants must arrive 10 minutes prior to the start of class, or their participation may be cancelled.
If a participant does not show for the entire Artist Choice Session, Introduction to Art, or Painting Encounters Workshop, this may affect the participant’s ability to register for future Classes, Sessions or Workshops.
Brenda Rowe Artwork (www.brendaroweartwork.com and/or www.brendarowe.ca) has adopted the following Payment, Shipping & Return Policies applicable to the artwork and merchandise offered through this site. Brenda Rowe Artwork offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. This website is operated by Brenda Rowe Artwork. Throughout the site, the terms “we”, “us” and “our” refer to Brenda Rowe Artwork.
By using our site, you consent to our Merchandise Purchases: Payment Policy, Shipping Policy & Return Policy.
When purchasing artwork or merchandise on our website, payment will be made online using Visa or MasterCard. You can also make arrangements with us to make alternate payment with either Visa or MasterCard, or EFT email bank transfers (Canada only).
A $20 charge will be charged on NSF Cheques or EFT. Payment must be made within 2 calendar days from time of purchase.
I am pleased to offer a layaway pre-payment plan for purchases more than $100. Please contact me to work out the instalments. Once you have completed the full purchase price (including shipping if applicable), the item will be available for delivery or pick-up.
Shipping costs for Canada and USA are calculated on the website. I ship small merchandise orders by Regular Canada Post. Larger orders or larger merchandise are shipped using Canada Post Expedited which includes a tracking number, signature and insurance.
Shipping services to other parts of the world are subject to additional fees. Please contact me and I will provide a quote for shipping costs.
Duties and customs fees that may be incurred at the border of the buyer's country are the responsibility of the buyer.
We guarantee the shipping of your art and merchandise. Each order is carefully packaged to ensure your order arrives in perfect condition. If for some reason damage has occurred, please contact us immediately after receiving your shipment to arrange an exchange or refund. We can either replace your merchandise (not available for original artwork purchases) or refund the purchase price, minus shipping costs. We suggest using a trackable shipping method when returning any merchandise. We don’t guarantee that we will receive your returned item.
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at email@example.com. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable.
Artwork and Merchandise ON SALE are non-refundable.
What information is collected and how do we collect it?
Newsletter and e-mails: With your permission, which you provide by signing up on my website for the Newsletter, you will receive my Newsletter and/or e-mails about new products, events, sales, and other updates.
When you purchase something from my website, as part of the buying and selling process, you will be directed to the PayPal (third-party) website. In general, the third-party (Square and/or PayPal) will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. Square and PayPal have their own privacy policies. Please read their privacy policies so you can understand the manner in which your personal information will be handled by them.
If you wish to make a purchase using another payment method, you will be required to provide your name, mailing address, telephone number, and e-mail address.
Why do we collect it and what do we use it for?
Any of the information we collect from you may be used in one of the following ways:
- To deliver the products and services that you have requested;
- To improve customer service and provide you with customer support
- To communicate with you by e-mail, telephone and/or newsletter about products or services that may be of interest to you
- To verify your eligibility and deliver prizes in connection with promotions and/or contests;
- To enforce out terms and conditions;
- To manage our business; and,
- To process transactions.
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested. Your information will only be shared as required by law enforcement, government officials, or otehr third parties pursuant to a subpoena, court order, or other legal process or requirement applicable.
Where do we keep it and how is it secured?
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
Retention of your personal information
We will retain any personal information only for as long as is necessary to fulfill the business purpose it was collected. We will also retain and use your personal information for as long as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, if you violate our Terms of Service, or protect ours or others rights, property, or safety.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at firstname.lastname@example.org or mailing us at: Brenda Rowe Artwork RR#3 Box 5 Comp 3 Torbay NL Canada A1K 1B5
Web Analytics Services
If you prefer not to have data reported by Google Analytics, you can install the Google Analytics Opt-Out Browser Add-On available at https://tools.google.com/dlpage/gaoptout.
Links to Other Websites
We may create links to other websites. We are not responsible for the content appearing on these sites and you are subject to the Privacy Policies of that third party webstie.
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.
Last Updated: July 2020