Terms
Effective Date : February 10, 2025
- REJECTION OF TERMS
If you reject the “Terms” below that may be modified or updated, you agree to stop using the Site and the Services immediately.
- ACCEPTANCE OF TERMS
By continuing using the Site and the Services constitutes your acceptance of the “Terms”of the Site and the Services of frappier.art. It also binds you in your acceptance of our PRIVACY POLICY.
It is strictly prohibited to use the Site and Services for commercial interests.
- ACCOUNTS
You can open an “Account” if you wish. But not doing so does not preclude you from using the Site or Services. If you are based in the U.S.A., you cannot legally agree to use the Site and Services if you are 13 or under. If you are based in the European Union, you have to be at the legal age set by your country to provide consent to data processing.
In creating an Account, you agree to create only one and are solely responsible for the accuracy of the information furnished. If we determine that it is false or misleading, we reserve the right to close your Account. We may also ask for additional information before processing orders on your Account. Notify us as soon as you suspect that your Account is being used without your consent.
- ORDERS
These “Terms” administers orders that you make on our Site and Services frappier.art. No orders will be taken by phone. You are invited to do it on frappier.art site.
No inventory of photographic prints framed or not exists. Orders are “made to order”. The orders are fulfilled as they are received in the following times : expect a delivery time of 2-3 weeks for photographic prints orders and 3-4 weeks for framed photographic prints orders. Please note that an Order confirmation is NOT a confirmation of sale. An order will be considered a complete sale once it is sent to the buyer. It is normally charged only at that time. We will notify you and wait for the clients’ input before proceeding with a limited order or the impossibility to fulfil it.
Once a courier company takes possession of the order, it is considered accepted by you.
- RETURNS
Because prints are produced just for you on a “made to order” basis, we do not accept refunds, returns or exchanges. Furthermore, we do not accept making changes or cancellations of orders 24 hours after the moment the order has been made.
If upon receiving the prints or framed prints you find them damaged by the courier company, first you have 48 h to notify us of it by email info@frappier.art. From that moment on, you have 72 h to document the damage with pictures of the packaging and prints or framed prints. Send them to info@frappier.art with the order number. frappier.art will then initiate a review process of the incident. We allow ourselves 31 consecutive days to decide if we repair or replace them or not at our discretion. Please note that frappier.art will not replace any prints framed that have been hung before the pictures of their damage have been taken.
- PAYMENT
By completing the information required by Shopify to charge the order to you, you authorize us thirty (30) days to process the applicable payment method. We are confident that you are of legal age in your country to place this order with the means chosen on Shopify’s window or cart on frappier.art. We will not be held liable if a child used a payment method prior to have permission by the credit card or payment method holder.
- COLORS OF PRODUCTS
frappier.art cannot guarantee the colors of the products purchased because of the variability of color calibration of computer screens or monitors used to place the orders.
- PRINTED AREA
The printed area is SMALLER than the paper size. This is to accommodate margins for framing the photographic prints.
- PRICING
Prices are subject to change without notice. The price of a product will be confirmed only when the order is made. We are not responsible for administrative errors in pricing or the corresponding product on our site frappier.art. Sales taxes are not included in the price of the order and will be added according to the originating region of the order. Shipping will be added to the advertised price of the product depending on its weight, size of shipment and distance to be travelled to send it to the destination of the receiver specified by the buyer of his order.
- OWNERSHIP OF TRADEMARKS AND NAMES
Tradenames, logos and service marks (“Marks”) used on frappier.art are owned by frappier.art and its entities. You cannot use them without our authorization or license.
Also, subject to these Terms, you are granted by frappier.art a limited license to reproduce parts of the information and content on the Site and in the Services for the only purpose of using them for your personal non-commercial objectives.
- CONTENT
When you access frappier.art you are admitted to various medias, principally photographic images, referred to as “Content”. You cannot acquire, modify and replicate them in a way that violates the copyright, trademarks or intellectual property of photographer Jean-François Frappier or frappier.art.
- TERMINATION OF YOUR ACCESS
With or without notice we can terminate your access to the Site and/or Services. YOU AGREE THAT IN SUCH A CASE WE OR A THIRD PARTY CANNOT BE HELD LIABLE IN DENYING YOUR ACCESS TO THE SITE OR SERVICES.
- DISCLAIMERS CONCERNING BROWSING THE SITE FRAPPIER.ART
The experience of the Site and Services of frappier.art is on a “as is”basis without warranty of any kind expressed or implied. Moreover, you know and accept that any damage encountered to your computer or other browsing devices using the Site and Services is at your own risk.
- ADVICE
Advice or information provided by us either written or orally by using the Site or Services, by phone or in person does not constitute in any way a warranty expressed or implied.
- LIMITATION OF LIABILITY
By using our Site and Services, you accept limitations of our liability to you and third parties. As such, we cannot be liable from transactions done by you with a third party and linked to our site. As previously stated, if you are displeased with any part of this Site and Services, your only option is to quit its use and services. If a jurisdiction does not by law annul our liability, such a warranty will be honored to the minimum allowed by such a law.
- INDEMNIFICATION
By using our Site and Services, you accept to indemnify and defend frappier.art and its members from any third-party liabilities from the use of the products. Moreover, you accept that these provisions survive any termination of your account or access to the Site and/or Services.
- DISPUTE RESOLUTION
If a dispute should arise, you understand and accept the procedure set out here : a) you cannot revoke your agreement to these Terms, b) obtain an injunctive or other relief, c) compromise the running of the Site of Service by any of the frappier.art Parties.
First, you have to informally try to resolve the issue with us. We will contact you with the email addresses you provided in your Account or associated with your Order to do this. If the dispute cannot be resolved, you agree to binding arbitration or small claims court in the Province of Québec Canada. frappier.art is based in Montréal Québec Canada. If the dispute cannot be resolved through arbitration, you agree to use the small courts of the Province of Québec which will consider damages to a maximum of $ 15 000 Canadian.
Concerning these Terms, you agree and frappier.art each wave the right to a trial by jury or participate in a class action.
- GOVERNING LAW
All the Terms are governed and administered by the laws and rulings of the Province of Québec Canada.
- NOTICE
In your account or Order, you are responsible for providing your latest email addresses to which we can contact you. If the provided addresses are not valid or our notice cannot be delivered using them, the sending of it will still be considered a notice. You can send us a notice using info@frappier.art email address.
- WAIVER
If a waiver or the absence of enforcement of any provisions of these Terms happen, they do not waiver any other provision of the Terms.
- PARTIES
By using the Site and/or our Services, you acknowledge and agree that these Terms are applicable to you.
- SEVERABILITY AND ENTIRE AGREEMENT
If any of the provisions of the present Terms shall be declared invalid or unenforceable by a court of competent jurisdiction, the validity, binding effect, or enforceability of the remaining provisions shall not be affected and shall remain in full force and effect as if these Terms had been executed without the invalid or amended provision.