Terms and Conditions

Last Updated: 17/04/2025

1. Acceptance of Terms

By accessing or using A. Ceren McKay’s Online Store ("Website"), you agree to comply with these Terms and Conditions. If you disagree, discontinue use immediately. We reserve the right to modify these terms at any time. Continued use constitutes acceptance of changes.

2. Intellectual Property & Copyright

• Ownership: All content (artwork, text, designs, logos) is the exclusive property of © A. Ceren McKay 2025, protected under Canadian and international copyright laws.

• Digital/Physical Products:

  • Personal Use Only: Purchased files (digital downloads) are licensed for non-commercial, personal use (e.g., home, office).

  • Commercial Use Prohibited: Redistribution, resale, modification, or commercial use (e.g., POD, marketing) is strictly forbidden without a written licensing agreement.

  • No Copyright Transfer: Purchasing a digital/physical product does not grant ownership of intellectual property.

• Violations: Unauthorized commercial use will result in legal action, including retroactive royalties (20% of gross revenue) and liability for damages.

3. Sales & Purchases

Digital Products (Art Prints, PDFs, E-Books, Planners)

• Non-Refundable: Due to their nature, all digital sales are final. No refunds or exchanges.

• Instant Access: Download links expire after 48 hours.

Original Paintings (Physical Products)

• Order Acceptance:

  • Orders are not binding until the painting is dispatched.

  • Artwork listed may be withdrawn from sale at any point by the artist for reasons such as, but not limited to, sale elsewhere or withheld for exhibition display..

• Returns:

  • 30-day returns for unaltered paintings in original packaging. Buyer covers return shipping.

  • No refunds for damage during return transit.

Print on Demand (POD) Products

• Fulfilled by third parties (e.g., Printful etc). Returns subject to their policies.
  

4. User Accounts

• Registration: Accounts must use accurate, current information.

• Termination: We may suspend/terminate accounts for violations, fraud, or misuse.

5. Third-Party Services

• Payment Processors (Stripe, PayPal): Transactions subject to their terms. We are not liable for errors.

• POD Partners (e.g., Printful etc): Production/shipping handled externally.

• Affiliate Links: Clicking may earn us commissions. Partner sites govern their terms.

• Google Services: Analytics/Ads use cookies per Google’s policies.

6. GDPR Compliance (EU Users)

• Data Collection: See our Privacy Policy for details on data use, storage, and protection.

• Your Rights:

  • Access, correct, or delete personal data.

  • Withdraw marketing consent (opt-out link in emails).

  • Lodge complaints with EU supervisory authorities.

• Data Transfers: Data may be transferred outside the EU using GDPR-approved safeguards (e.g., Standard Contractual Clauses).
  

7. Limitation of Liability

• Third-Party Services: We are not liable for errors by payment processors, POD partners, or shipping carriers.

• Digital Products: Colors/quality may vary due to screens/printers. No guarantees.

• Site Availability: We do not guarantee uninterrupted, error-free access.

8. Governing Law & Disputes

• Jurisdiction: Governed by laws of British Columbia, Canada.

• Arbitration: Disputes resolved via binding arbitration in Kelowna, BC.
  

9. Full Legal Clauses (Original Content Retained)

Hyperlinking

• Approved organizations may link to our site with prior written consent.

• We reserve the right to demand link removal.

Content Liability

• We are not responsible for content on third-party sites linking to us.

Comments

• User-generated comments must not violate laws or third-party rights. We may remove inappropriate content.

Disclaimer

• No Warranties: Content provided "as is." We disclaim warranties for accuracy, completeness, or fitness for purpose.
  

10. Contact

For questions, returns, or licensing:

• Email

• Address: 753 Kinnear Ave., V1Y 5B2, Kelowna, BC, Canada