Terms, Conditions and Policies

Joanne Bell (“Joanne Bell”, “joannebell.ca”, “we”, “I”, “our”) is operated by Joanne Bell. Joanne creates works of art that are displayed in and/or sold through Joanne Bell on this website as well as affiliated online services. The site is operated by Joanne Bell, located in Ontario, Canada.

What does Joanne Bell sell?

 Joanne Bell sells original works of art as well as prints of artwork. In addition, Joanne Bell works with other online service providers which sell Joanne Bell artwork prints, stationery, home decor, clothing and more through their online websites.

How can I trust buying on Joanne Bell?

We know that safety and trust are really important to you and being frequent online shoppers ourselves we take it seriously. When you purchase an item on Joanne Bell, we take great care to ship your item to you so that you will receive it in a timely manner and undamaged. Only then do we release your payment to the seller. We stand behind every purchase made on Joanne Bell so that you can buy with confidence.

We take great care to ensure that the images of the artwork on our site are as true as possible to the original piece. However, we cannot guarantee that your monitor or device will show the true colours. The only way to 100% guarantee full accuracy of a piece of artwork is to see it in person.

Accessing This Site

By accessing the content of this site or any of our associated sites, you agree to be bound by the terms and conditions set out herein, as well as our Privacy Policy, Shipping Policy and Return Policy. These policies may be revised from time to time, and they form part of the Terms and Conditions of this site. If you object to any of the terms and conditions set out in this agreement you should not access or use this site or any of the products or services on this site.

You agree that you will not use this site for any illegal purposes and will respect all applicable laws and regulations. You agree not to use the website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Website. You also agree not to compromise the security of the Website or attempt to gain access to secured areas or sensitive information.

You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any infringement of the terms and conditions set out in this agreement.

Before you use this site you must read, agree with and accept all of these Terms and Conditions, as well as our Privacy Policy, Shipping Policy, and our Refund and Return Policy.

By your use of this site, you agree to these Terms and Conditions. If you do not agree with and accept these Terms and Conditions, your sole remedy is to not access or use this site.

Age and Responsibility

By using this website you represent and warrant that you are 18 years of age or older, so that you are of sufficient age to use the website and to create binding legal obligations for any liability incurred as a result of the use of the Joanne Bell website. You agree to be responsible for all your use of the website as well as the use of your account by others, including, without limitation, minors living with you.

Joanne Bell does not knowingly collect personally identifiable information from children under the age of eighteen. If you are under the age of eighteen, you must be supervised by a parent or guardian while using this website.

Ownership of Content 

Ownership of Content – Intellectual Property; The materials contained in this site are protected by Canadian copyright law, all rights reserved and all other laws of Canada. Electi has the exclusive intellectual property rights to all photos, images, text, videos and any other material or content included on this site.

By using this website you agree to respect the intellectual property rights of Joanne Bell and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the website. 

Social Media Content Sharing

You may share content on social media that is linked to this site.

Third-Party Services

This site uses third-party services, applications or sites, that make available their content and services. When you access those third-party services, applications or sites, you are bound by the terms and policies of the third party.

No Warranties

This website is provided “as is” without any representations or warranties, express or implied.  Joanne Bell makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Joanne Bell does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional. 

Limitations of Liability

Joanne Bell will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Joanne Bell has been expressly advised of the potential loss.

You hereby indemnify Joanne Bell and undertake to keep Joanne Bell indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Joanne Bell to a third party in settlement of a claim or dispute on the advice of Joanne Bell’s legal advisers) incurred or suffered by Joanne Bell arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of These Terms and Conditions

Without prejudice to Joanne Bell’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Joanne Bell may take such action as Joanne Bell deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Information Collected or Received

Joanne Bell (“Joanne Bell”, “joannebell.ca “we”, “I”, “our”) sells original works of art and prints through the website: joannebell.ca (the “site”). The site is operated by Joanne Bell, located in Ontario, Canada.

This Privacy Policy describes how we collect, use, process and distribute your information, including Personal Data (as defined below) used to access this Website. We will not use or share your information with anyone except as described in this Privacy Policy. The use of information collected through our Website shall be limited to the purposes under this Privacy Policy and our Terms of Use for customers.

Please read this Privacy Policy carefully. We reserve the right to change this Privacy Policy on the Website at any time without notice.If you do not agree with these policies, your sole remedy is to not use this site.

Personal Identifying Information; Your personal information is only used for the purpose of fulfilling orders, sending newsletters and customer support. Your personal information is not shared with third parties other than third party service providers for the sole purpose of providing these services.

We collect personal information from you so that we can provide you with a positive experience when utilizing our Website or content.  We will only collect the minimum amount of information necessary for us to fulfill our obligation to you. We may collect:

A name and an email address so we can deliver our newsletter to you – you would be affirmatively consenting to this by providing this to us in our contact forms.

Billing information including name, address and credit card information so that we can process payment to deliver our products or services to you under our contractual obligation.

A name and an email address if you complete our contact form with a question. We may send you marketing emails with either your consent or if we believe we have a legitimate interest to contact you based on your contact or question.

Fulfilling Orders; This Site collects and retains information related to transactions carried out on this site for the purpose of fulfilling orders, including your name, phone number, email and address. This site uses third party e-commerce payment processors Square and Paypal (“payment services”) When using these Payment Services, they collect and store personal information required to complete the purchase, as outlined in their Privacy Policies.

Customer Support; When you send emails or other communications, we keep a record of that correspondence. Customer support inquiries are retained in order to provide information or assistance as requested by you.

Third Party Websites; We advise that you review the privacy policies of other websites you link to from this site so you understand how those websites use, collect and store your information. We are not responsible for the privacy statements or other content on websites outside of this site.

Usage Information; This site uses Google Analytics and these services are subject to their Terms and Conditions and Privacy Policies. Joanne Bell has access to the information they collect, for the sole purpose of analysing site usage and performance.

Please note that the information above (“Personal Data”) that you are giving to us is voluntarily, and by you providing this information to us you are giving consent for us to use, collect and process this Personal Data. You are welcome to opt-out or request for us to delete your Personal Data at any point by contacting us at info@joannebell.ca.

Confidentiality

We aim to keep the Personal Data that you share with us confidential. Please note that we may disclose such information if required to do so by law or in the good-faith belief that: (1) such action is necessary to protect and defend our rights or property or those of our users or licensees, (2) to act as immediately necessary in order to protect the personal safety or rights of our users or the public, or (3) to investigate or respond to any real or perceived violation of this Privacy Policy or of our Disclaimer, Terms and Conditions, or any other terms of use or agreement with us.

Passwords

To use certain features of the Website or its content, you may need a username and password. You are responsible for maintaining the confidentiality of the username and password, and you are responsible for all activities, whether by you or by others, that occur under your username or password and within your account. We cannot and will not be liable for any loss or damage arising from your failure to protect your username, password or account information. If you share your username or password with others, they may be able to obtain access to your Personal Data at your own risk.

You agree to notify us immediately of any unauthorized or improper use of your username or password or any other breach of security. To help protect against unauthorized or improper use, make sure that you log out at the end of each session requiring your username and password.

We will use our best efforts to keep your username and password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.

Use of Cookies

Joanne Bell uses cookies to improve and personalize your experience on our site by remembering you or your preferences during your visit(s) to the site.

If a Site doesn’t use cookies, it will think you are a new visitor every time you move to a new page on the Site. Our Site uses cookies to remember things like your preferences, shopping cart or to remember who you are on return visits.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Joanne Bell services or websites you visit.

Changes To Privacy Policy

Any changes we may make to the Privacy Policy will be posted on this page.

Entire Agreement

These Terms and Conditions and Policies are the entire agreement between Joanne Bell and you.

© Joanne Bell 2020. All rights reserved

Orders of Artwork

All Goods offered for sale are subject to availability and subject to the Joanne Bell’s acceptance of the Order.

The Seller reserves the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by Joanne Bell unless and until it is confirmed unconditionally by Joanne Bell.

Joanne Bell endeavours to display and describe as accurately as possible the printed colours of the Goods which appear on its website, but cannot undertake to give any assurance that the colours of artwork supplied will exactly match those displayed on the Buyer’s monitor or home printing device. Joanne Bell is not responsible for ensuring color accuracy. Your sole remedy for any inconsistencies in color as per your perception is to return the painting for a store credit.

Pricing

Unless otherwise stated, all prices are in Canadian dollars for the artwork alone, not including mounting, framing, or shipping. Shipping costs will be determined at checkout based on shipping destination and item size and weight.

What forms of payment does Joanne Bell accept?

We are accepting payment through Square using Visa and Mastercard.  All credit cards used for payment must have a valid billing address.

Customers may also pay via Paypal either by credit card or through a Paypal account, if they sho choose. In addition to Visa and Mastercard, Paypal accepts American Express.

Are my payments secure?

All orders are encrypted with Secure Sockets Layer (SSL) technology on both your end and ours. SSL encrypts all of your personal information including credit card number, name, and address, so that it cannot be read as the information travels over the Internet. In order for SSL to work, you must use an SSL-enabled browser.

For your own safety we do not save any payment information. Payments are made directly through Square—certified to PCI Service Provider Level 1, the most stringent level of certification, so we can guarantee that important information stays confidential and private.

In case of any concerns, please reach out to contact us.

Service Region

Joanne Bell currently ships within Canada and the United States.

Delivery

The shipping destination for the artwork will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be regular postage or courier at the discretion of Joanne Bell.

Joanne Bell will endeavour to process and ship the purchase Order within 10 days of Order Confirmation. Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and Joanne Bell will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused.

The Buyer must inspect the artwork on delivery and, in the case where artwork has been delivered by courier, sign the required proof of delivery document or collection acceptance document if required. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the artwork indicated on that document free from any apparent defect or damage. If the artwork is alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.

If the Buyer wrongfully fails to take delivery of the Goods, the Seller shall be under no obligation to refund the Price.

Purchased Goods may not be returned to the Seller without following the Returns, Refunds and Cancellation Policy.

*Some countries may charge customs and duties for your parcel. You are responsible for these customs and duties charges.

How much will the delivery cost me?

This is subjective depending on where the package is sent from and its destination. Also the size of the product and delivery type (standard or express) will affect the price. Delivery costs are clearly stated on the checkout page while buying.

*Some countries may charge customs and duties for your parcel. You are responsible for these customs and duties charges.

Returns, Refunds, and Cancellations

The buyer shall have the right to return a purchase within fourteen days of Receipt for an exchange or refund at his/her preference if the item is damaged or for any other reason provided they comply with all of the following:

(i) Email info@joannebell.ca within fourteen days of Receipt stating: (a) Your Invoice Number (b) Artwork title (c) Reason for return and (d) Request for refund.

(ii) Return the Goods to Joanne Bell in the condition it arrived in, via the instructions that Elect Art sends following your email.

(iii) All Goods must be returned in their original packaging (which the Buyer should retain for the purpose) and must be in an unused condition.

All framing supplied by Joanne Bell is custom made and non-refundable. If the order includes a custom made frame supplied by Joanne Bell, the order will be refunded in full less the cost of the frame.

Joanne Bell will not be held liable for any damage to any artwork caused anytime after receipt of the Order. Joanne Bell will not be able to accept any returns of artwork that has been damaged after receipt

Joanne Bell will process and refund/exchange all returns within 30 days of receiving returned artwork from the Buyer in the post or via our chosen common carrier. For artwork received by the Buyer damaged in shipping, the Buyer will receive a full refund of both the purchase price of the artwork as well as shipping.

For all other returns, the Buyer will receive a refund only for the purchase price of the artwork and not shipping. The Buyer must pay for the cost of shipping the item back to Joanne Bell.

Buyers may request to cancel an Order within 24 hours of placing the Order by emailing info@joannebell.ca. Joanne Bell will, at our discretion (pending shipping and whether the order has already been processed) either elect to refund the Buyer immediately, or inform the Buyer to follow the normal returns policy.