Terms of Use

OVERVIEW
Dundas Art & Craft Association operates as Carnegie Gallery in Dundas, Ontario. For convenience we use the abbreviations, nouns and adjectives “CG”, “We”, “Us”, and “Our” in this policy.

By visiting our website and/or purchasing something from us, you engage our “Service” and agree to be bound by the following Terms of Use, including terms and conditions added later to our website and/or available by hyperlink. These Terms of Use apply to all users of our website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to ALL the terms and conditions, then you may not access the website or use any services.

Any new features or tools which are added to the CG’s Online store shall be subject to these Terms of Use. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our online store is hosted on WooCommerce. They provide us with the online e-commerce platform that allows us to display and sell works of art and craft of CG’s Artist Members and exhibition artists to you. For convenience only we periodically describe those works as “products”.

SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your province of residence, and that you have given us your consent to allow any of your minor dependants to use this website.
You shall not use our products for any illegal or unauthorized purpose nor shall you, violate any laws in our or your jurisdiction including but not limited to copyright laws.
You shall not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of these Terms of Use will entitle us to immediately terminate your access to and use of our website and online store.

CG will exercise all reasonable care in handling products, and online store orders while at the Carnegie Gallery. However, CG shall not be responsible for accidental breakage of or damage to products that you instruct CG to ship to you.

SECTION 1A – ONLINE STORE REFUND AND RETURNS POLICY

CG does NOT give refunds in connection with products bought in the Gallery Shop, during a monthly exhibition or from the online store. ALL sales are final, because almost all products are original works. CG will provide an exchange in some exceptional circumstances. The decision of the Gallery Administrator or the chair of the board of directors shall be final in this situation.

CG prefers that purchasers pick up products that they purchased at the Gallery.

If a purchaser wants a purchased product shipped to him or her, they must contact the Gallery Administrator/Curator to make such arrangements. Shipping costs and insurance costs, if chosen by the purchaser, shall be the sole responsibility of the purchaser.

SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content, may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We make reasonable efforts to encrypt your credit card information.

The headings used in this policy are included for convenience only and do not limit or otherwise affect these Terms of Use.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
While CG attempts to provide accurate information about products displayed in the online store, including prices, there is a risk of error or omission. CG reserves the unilateral right to correct any errors or omissions at any time without notice. If the description or price of a product is inaccurate or incomplete, in whole or in part, CG may, in its sole discretion, cancel or refuse an order or purchase in the Gallery Shop or online store. In the event of an error with respect to price CG will cancel the order or purchase in question and will contact the customer to invite him or her to place a new order for the product of the corrected price.

CG makes reasonable efforts to display the products on its website and in its online store as faithfully as possible. However, CG does not guarantee that the representation of the colours and dimensions of the products the computer screens of visitors of our website and online store are exact. Any rendering of our products on that computer screens may be affected by the functioning of visitors’ and purchasers’ own computers.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue products without notice at any time.
CG shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of products.

SECTION 5 – PRODUCTS 

Certain products or services may be available only in the Gallery Shop or on the website. These products may have limited quantities and are subject to our Return Policy.
We reserve the right, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that are for sale.

 

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order that you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting you in accordance with the contact information that you provided to us at the time that your order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made in our Gallery Shop or in the online store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools.
Any use by you of optional tools offered through this website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s).

SECTION 8 – THIRD PARTY LINKS
Certain content, products and services available via our website may include materials from third parties.
Third party links on our website may direct you to other third party websites that are not affiliated with CG. We are not responsible for examining or evaluating the content or accuracy of those other websites and we do not warrant and shall not have any liability or responsibility for any third party materials or websites.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party’s policies and practices that you choose to visit and ensure that you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party in question and not to CG.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions to CG or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.
We will use reasonable efforts to monitor and remove content from our website that we consider in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, pornographic or that may violate a person’s or organizations intellectual property rights or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our website or any related website. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the online  store is governed by our Privacy Policy.

SECTION 11 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state laws, regulations, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, disparage, intimidate, or discriminate based on the grounds set out in the Ontario Human Rights Code; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to send, phish, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Terms of Use or any related website, other websites, or the Internet.

SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our website and online store will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You Acknowledge and agree that your use of our website and online is at your sole risk. All products delivered to you are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied. CG, its directors, officers, employees, contractors, artist members, and supporting members shall not be liable for any injury, loss, claim, or damages of any kind, arising from your use of our website or online store.

SECTION 13 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless CG, its directors, officers, employees, contractors, artist members, and supporting members, from any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents that they incorporate by reference, or due to your violation of any law or the rights of a third party.

SECTION 14 – SEVERABILITY
In the event that any provision of these Terms of Use is determined by a court or tribunal of competent jurisdiction to be unlawful, void or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be considered to be severed from these Terms of Use. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 – ENTIRE AGREEMENT
The failure of CG to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this website constitutes the entire agreement and understanding between CG and you and prevail over any prior or contemporaneous agreements, communications and proposals, whether oral or written, between CG and you.

SECTION 16 – GOVERNING LAW AND CHOICE OF FORUM
These Terms of Use shall be governed by and construed in accordance with the Province of Ontario and, where applicable, the laws of Canada. In the event that a dispute or litigation arises between CG and you, regarding these Terms of Use, our website, our Gallery Shop or our online store CG and you agree that the exclusive forum for adjudication of such dispute or litigation shall be, depending on the monetary amount of the claim, Hamilton Small Claims Court or the Ontario Superior Court of Justice at Hamilton, Ontario. In the event of an alleged breach of the Ontario Human Rights Code by CG you and CG agree that the exclusive forum for adjudication of that dispute or claim shall be the Ontario Humans Rights Tribunal.

SECTION 17 – TERMINATION

These Terms of Use shall be effective as between CG and You, whether you are a visitor to our website or a purchaser of product from our Gallery Shop or online store, as the case may be, until either CG or you give written notice to the other of intention to terminate application of the Terms of Use as between CG and you. Written notice of termination shall be by email or ordinary mail and shall state date of termination, which date shall not be more than five (5) calendar days after the date on which the notice was sent by email or ordinary mail. The obligations and liabilities of CG and you that arose before the termination date shall continue and survive for all purposes after the termination date. For example, if you as a purchaser of a product in our Gallery Shop or online store have not paid the purchase price or cost of shipping the product to you, CG shall be entitled to claim and recover those sums of money from you.

SECTION 18 – CONTACT INFORMATION
Questions about the Terms of Use should be sent to CG by email [email protected]. CG’s Gallery Administrator + Curator will answer your question by return email or, in special circumstances, by telephone. In the alternative the Gallery Administrator / Curator may direct your enquiry to the Chair of CG’s Board of Directors for a response.

September 2nd, 2025
CG  Board of Directors