Terms of use - Kolibrico Art by Contemporary Artist Yanik Falardeau

TERMS OF USE

My name is Yanik Falardeau and I am the artist and owner of Kolibrico.art

The law requires me to create a Terms of Use page for this website. Since I’m not a huge fan of legal jargon because I find that it often complicates communication between humans, I’ve created a simplified terms of use page that clearly outlines how my art can and can’t be used.

INTELLECTUAL PROPERTY

I work from my art studio which is located in the Laurentians in Quebec. All my artworks are original and they belong to me since I am the creator. Therefore, you are not permitted to take my art and resell them or make commercial use of them or make illegal copies for personal use. Thank you for honouring the creative process of all artists while respecting intellectual property rights.

reCAPTCHA

To prevent spammers from using our online form, we use reCAPTCHA v3 which is subject to the Google Privacy Policy and Terms of Use.

SOCIAL MEDIA

Thank you for your interest and your enthusiasm for wanting to share my art on social media. Yes, it is possible to do so. I just ask you to name the creator – Yanik Falardeau, the company @Kolibrico and if you’re feeling generous, please also link my site www.kolibrico.art

COLLABORATIONS

If you would like to work with me to create products for your business, it would be a pleasure to explore the possibilities with you so that we may come to a mutually beneficial agreement.

PRICES AND PROFITS

All of our prices are in Canadian Dollars. We charge GST and QST when applicable. Yanik Falardeau Kolibrico reserves the right to modify the price of the products offered on the Site at any time, without notice.

I pledge to invest up to ten percent of my profits for the purchase of seeds. My mission is to sow a million flowers for our pollinators. In the near future, I will create food sanctuaries for humans as well. We are currently looking to partner with seed producers, so if this speaks to you, please get in touch.

SHIPPING

We ship worldwide, but mainly to Canada and the United States.

The cost of delivery (standard) is always included in our sale price for purchases made in Canada. All packages are delivered by Canada Post. They are dispatched the next working day and take 5-10 working days, in general, to arrive at their destination. (Canada and United States

Priority shipping is available for an additional fee that will be calculated at checkout.

We offer free (standard) shipping to the United States for purchases of $100 or more.

Shipping fees for priority shipping and-or shipping for purchases of 100$ or less will be calculated at checkout.

We offer great rates for deliveries anywhere in the world. Everything will be calculated during your purchase and you can make your decision.

All our packages are sent in standard mode. Priority shipping and additional insurance are available at an additional cost that will be calculated automatically during the checkout process. Contact us before placing your order so that we can assess the best solution for your needs. yanik@kolibrico.art

All packages are delivered by Canada Post. They are dispatched the next working day and take 5-10 working days, in general, to arrive at their destination. (Canada and United States)

Lost Items: Items lost during shipping may be replaced 30 business days from the original shipment date. Please make sure your contact details are correct, as items that are successfully delivered (to the wrong address) will not be refunded.

Customs Fees: Please note that all duties and taxes are the responsibility of the buyer. I am required to declare the contents of any package I send overseas.

AGE

By accepting these terms and conditions, you certify that you are 18 years of age or over. If you are under 18, but at least 13 years old, you may only use this website under the supervision of a parent or legal guardian who agrees to be bound by these terms and conditions.

RESTRICTIONS ON USE AND RESTRICTIONS OF CONTENT

TRADEMARKS

The trademarks and logos used or displayed on the Site are trademarks registered or not by Yanik Falardeau, Kolibrico, or third parties. Nothing in the Site may be interpreted in such a way as to allow, directly or indirectly, the use of a trademark reproduced on the Site without the prior written permission of the owner of such trademark.

CONTENT AUTHORIZATION AND RESTRICTIONS

Unless otherwise specified, the design of the site, including information, data, text, photographs, videos, audio clips, written messages, articles, reviews, software, scripts, graphics, and interactive features that form part of the site (collectively, ” Content ”) are copyrights, trademarks, or other properties owned, controlled or licensed by us. The content is intended only for your personal, non-commercial use. No right, title, or interest in any Content is granted or transferred to you by reason of your use of the Site.

Unless otherwise specified in any section of the Site, no part of the Site may be copied, reproduced, distributed, published, translated, downloaded, posted or transmitted in any way without prior permission. written by Yanik Falardeau, Kolibrico, or the copyright owner.

Certain parts of the site which allow you to share content on social media platforms grant you a limited license to display the content as indicated, and you understand that you have no other right, title or interest in such content. Please name the artist Yanik Falardeau, the company @Kolibrico and link our site to www.kolibrico.art

Unless stated otherwise above, you may not reproduce, post, transmit, distribute, display, modify, sell, or participate in any sale of any content.

Your misuse of the content may expose you to liability under federal, national, or international laws.

ACCURACY OF INFORMATION ON THE SITE

We do our best to ensure that the information on the Site is complete, accurate, and up to date. However, information on the Site may occasionally be inaccurate, incomplete, or out of date. All specifications, products, descriptions and prices of products on the site are subject to change at any time and at any time, without notice. We make all reasonable efforts to accurately display the attributes of our products, including applicable colors. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display these colors. We do not warrant the accuracy or completeness of any information, content, or materials provided through the site.

The inclusion of any product or service on the Site at any time does not imply or guarantee that such products or services will be available at all times. We reserve the right to discontinue any product at any time.

The Site and the elements it contains are provided as is, without any warranty, implicit or explicit. Subject to any public order legislation to the contrary, Yanik Falardeau Kolibrico declines all responsibility and gives no guarantee, in particular guarantees of merchantability or suitability for a particular use.

Although Yanik Falardeau Kolibrico does everything possible to ensure that the Site contains no errors, Yanik Falardeau Kolibrico declines all responsibility for any error that may be found on the Site. Its related companies, managers, employees, representatives or agents can in no way be held responsible for any damage directly or indirectly related to the use of the Site, in particular the loss of data or profit resulting from the use of the elements of the Site or the inability to use these elements.

SHIPPING

When an order is placed, it will be shipped to an address designated by you as long as this delivery address complies with the shipping restrictions contained on the site. We use a third-party shipping agent to ensure delivery of your purchased products.

No matter how hard we try to meet all delivery deadlines, we cannot guarantee that delays may not occur due to postal / carrier delays, logistical shipping conditions, or inclement weather. However, we’ll keep you updated as much as we can, and you should be able to track the progress of your package.

PRODUCT RETURNS

We do not accept product returns. However, we are concerned about your happiness! Contact us if you have a problem with your product and it will be our pleasure to find a solution with you.

EMAILS

By purchasing from the site, you recognize that we will be receiving your information regarding your email. Unless an email is required to facilitate a transaction, we will not contact you by email. We will not engage in any email solicitation.

CONFIRMATION OF ORDERS

When you place an order, you should receive an acknowledgment email containing a confirmation receipt of your order.

We do not accept your order until payment has been approved and we have debited the payment card (then the contract is established on the basis of these terms).

We reserve the right, without notice, to limit the quantity ordered on any product and / or to refuse service to any customer. In the event that we make a change or cancellation of an order, we will attempt to notify you by contacting the email address and / or billing address / phone number provided at the time the order was placed.

We may also require verification of information prior to acceptance and / or shipment of any order.

COMMENTS AND TESTIMONIALS

We allow users to post comments, testimonials, suggestions, ideas, materials, and other submissions (“User Comments”) on the Site. These User Comments are provided on a non-confidential basis and, by submitting User Comments, you grant us an irrevocable and unlimited license to fully share such User Comments.

You are and will remain solely responsible for the content of any user comments you make.

Although user comments may be posted on the site, posting of such comments does not constitute our endorsement of such user comments.

We are not responsible for any claim, including, without limitation, loss or damage to actual, tangible or intellectual property, violations of privacy or privacy rights, actual, consequential or punitive damages, personal injury or wrongful death in connection with user comments.

We reserve the right to remove any user comments that we believe violate the above.

EXTERNAL LINKS

The site may include links to other websites operated by third parties.

These links are provided to you for informational purposes only. Your access to these third party websites is at your own risk and we do not accept any liability outside of or related to these websites as well as your access or use of these websites.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, CONTENT AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY. WITH RESPECT TO OUR PRODUCTS, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, THAT EXTENDS BEYOND THE DESCRIPTION OF THE GOODS CONTAINED ON OUR ORDER CONFIRMATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS.

You agree to indemnify and hold us, our directors, officers, employees, agents, affiliates and subsidiaries harmless from and against all claims, damages, costs and expenses, including attorneys’ fees, arising out of or relating to your use of this site or for violation of these conditions.

DISPUTES

Considering the high cost of legal disputes, not only in dollars but also in time and energy, you and Yanik Falardeau Kolibrico accept the dispute following the resolution procedure: in the event of a controversy, claim, action or dispute, the party that makes asserting the dispute will first attempt to settle that dispute by providing written notice to the other party by email outlining the facts and circumstances (including any relevant documentation) of the dispute and giving the receiving party 30 business days from the date of the mailing to respond to the dispute. The notice should be sent to: yanik@kolibrico.art

Unless you specify otherwise in your notification, Kolibrico will respond to your review using your last used billing address or billing and / or shipping address in your online profile.

If the parties are unable to resolve the dispute, it should be dealt with in accordance with the Jurisdiction section of the Terms.

CONFIDENTIALITY

We are committed to protecting the privacy of site visitors. For information on how information is collected, used or disclosed by us in connection with your use of the Site, please see our Privacy Policy.

CUSTOMER SERVICE

If you do not understand any of the above conditions or have any questions or comments, please contact customer service at yanik@kolibrico.art