Consignor.ca Terms and Conditions

  1. Contracting Parties and Effective Date. This Agreement is between you, the purchaser of the products or services on this web site (“you”) and Mayberry Holdings Ltd. t/a “Mayberry Fine Art” (“Mayberry Fine Art”). “we” and “us” means both you and Mayberry Fine Art. The effective date of this Agreement is when you accept this Agreement in accordance with the procedure set out below.
  2. Acceptance Procedure, Signature and Error Correction Terms. IMPORTANT! YOUR PURCHASE OF GOODS ON THIS WEB SITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. READ ALL OF THESE TERMS AND CONDITIONS CAREFULLY. BY CHECKING THE BOX ABOVE YOU ARE CONFIRMING THAT YOU ACCEPT THESE TERMS AND CONDITIONS. THAT ACTION IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, SIMPLY CLICK ON THE “BACK” BUTTON OF YOUR BROWSER OR CLICK HERE.
  3. Consent to Electronic Documents. You hereby consent to the exchange of information and documents between us electronically over the Internet or by e-mail, and that this Agreement in electronic form shall be the equivalent of an original written paper agreement between us.
  4. Jurisdiction and Language Clause. Mayberry Fine Art, this web site and its server is physically located within the Province of Manitoba in Canada. This Agreement will be governed by the laws of the Manitoba and shall be treated in all respects as a Manitoba contract, without reference to the principles of conflicts of law. In the event of a dispute, we agree to submit to the exclusive jurisdiction of the Manitoba courts. We expressly exclude the sale of goods legislation in any other jurisdiction including, without limitation, any other Canadian Province, any federal or state legislation in the United States of America, and the UN Convention on Contracts for the International Sale of Goods, as amended, replaced or re-enacted from time to time. We have agreed that this Agreement and all documents relating hereto shall be drawn in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
  5. Disclaimer and Limitation of Liability. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, MAYBERRY FINE ART DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

    IN NO EVENT WILL MAYBERRY FINE ART BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, PUNITIVE, EXEMPLARY, AGGRAVATED OR ECONOMIC DAMAGES, ARISING OUT OF THE PRODUCTS OR SERVICES PROVIDED BY MAYBERRY FINE ART OR OTHERWISE RELATED TO THIS AGREEMENT, EVEN IF MAYBERRY FINE ART OR ANY OF THEIR LAWFUL AGENTS, CONTRACTORS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO CASE WILL MAYBERRY FINE ART’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN THE AMOUNT PAID BY YOU UNDER THIS AGREEMENT FOR THE SPECIFIC PRODUCT OR SERVICE TO WHICH THE CLAIM RELATES. IN NO EVENT WILL MAYBERRY FINE ART BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, MAYBERRY FINE ART’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIER OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF MAYBERRY FINE ART.

    FOR THE PURPOSES OF THIS SECTION, “MAYBERRY FINE ART” SHALL INCLUDE MAYBERRY FINE ART, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS.

    THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.

  6. Confirmation of Contract and Print Request. The Agreement between you and Mayberry Fine Art for the purchase of the Artwork will be complete if it is accepted by the Consignor within three business days. Please print a copy of this Agreement for your reference. Maybery Fine Art will keep a copy of this Agreement at its head office. To view it, please contact Mayberry Fine Art.