Last updated: Nov 17, 2020
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the www.pawsbyzann.com website (the “Service”) operated by Zann Hemphill and the Paws By Zann brand (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
1. Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by PawsByZann.
PawsByZann has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that PawsByZann shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Should service be terminated while an order is in progress, you will receive a full refund of any deposit paid for work not completed.
3. Governing Law
These Terms shall be governed and construed in accordance with the laws of British Columbia, Canada, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
By submitting a deposit, you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. Please note that products will not be sent until we have authorization from your payment card issuer. We will not be liable if there is a delay, and we will not accept your order if payment is not authorized.
5. Contests & Giveaways
By participating in a contest or giveaway you agree to be contacted by email through our newsletter, unless otherwise specified on the contest sign-up page or materials. You can unsubscribe at any time. Unsubscribing before the contest of giveaway ends may result in not receiving notification if you win, and if we are unable to reach you within 7 days a new winner may be chosen. Winners will be chosen randomly by us, or chosen at our discretion in the case of a contest.
6. Vouchers, Discounts and Gift Cards
Promotional gift vouchers, coupons and discounts are limited to one per portrait unless otherwise specified on the voucher, coupon, or discount form. A voucher is considered “promotional” if it was received without any monetary compensation (rather than purchased).
Promotional gift vouchers and coupons expire after one year unless otherwise stated.
Gift Cards or Vouchers that were Purchased from Paws By Zann do not expire and can be applied against the purchase price of a portrait without any restrictions.
7. Refunds & Cancellations
If you cancel an order prior to work beginning on canvas, you are entitled to a full refund of any deposit paid. IMAGE COMBINATION FEES are not a deposit and are non-refundable, even if work has not commenced on canvas. Images created for the purpose of a pet portrait will be kept for a minimum of 1 year, so that if you choose to proceed with your order in the future they will remain available.
Prior to shipment you will receive a proof of artwork completed. If this proof does not meet your approval for any reason, you are entitled to 50% refund of any deposit paid, and are not responsible for paying any amount owing on the order. RUSH FEES are not a deposit and are non-refundable.
Once approval has been given and payment has been made, purchase is final.
8. Intellectual Property
All artwork and images remain copyright Zann Hemphill/PawsByZann and may not be reproduced or sold for any commercial use without prior written consent of PawsByZann or Zann Hemphill. By submitting a photograph to Zann Hemphill/PawsByZann through the PawsByZann.com website or by email to Zann Hemphill, you agree that you are the copyright holder of this image and give your permission for the image to be used to
a) Produce artwork based on the image for the purpose of filling your order
b) Display the image alongside the finished artwork as part of a portfolio or marketing materials
9. Changes to the Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect for any clients with a current order open. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us at [email protected]