- Soogart -
Rental and Sales services Web Site

Terms of use for the client and/or the artist

Your submission of personal information through the store is governed by our Terms of use and Policies hereafter described.

This website is operated by Soogart. Throughout the site, the terms "we", "us" and "our" refer to Soogart. Soogart offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Your submission of personal information through the store is governed by our Privacy Policy. The customer may not transfer the rental agreement of his contract to a third party.

Return and Refunds

If the canvas has had a defect at the time of delivery and you do not accept the work, your order for this particular work will be fully refunded.

The paintings are for rent, so no returns or refunds are possible before the end of the date you have indicated.

All refunds will be made within 10 days upon a request If you do not receive the refund within 10 days, please contact us at soogart@gmail.com.

Degradation of the work during your rental period.

You agree to purchase the work of the artist, directly to the artist or is agent,

Soogart cannot be held responsible for any payment problems towards the artists, if one of their works is damaged by a customer.'') if during the rental dates you damage the product or having it stolen. The compensation is the cost of the price of the new work and without any budgetary limits.

Soogart reserves the right to use your credit card information in order to reimburse the artist's work.

In the case of framed works of art, upon reception of the work, any damage to the frame will be noted and you will not be hold responsible for the existing damage to the frame. You will have full responsibility if any further damage to the frame is done while in your possession. Soogart will have sole discretion, after consulting with the artist, to charge you for replacing the frame or having it repair, whichever the cheaper option.

Shipping - Delivery - Return

In case of a selection or works by the same artist, the delivery and return are made by the artist in person.

The artist-agent reserves the right to refuse a rental upon arrival at the place of delivery. He judges for himself the safety of his work. Soogart is a platform for putting you in contact and is released from all responsibility.

The artists deliver their works only on the island of Montreal.

Each artist, independent or without agents, will have to make the delivery. This can make several deliveries on the same day.

Artist's agents can make the delivery for them and also regroup the deliveries.

For all special delivery requests, please contact us via our Facebook page, the messenger link on the Soogart website or by email soogart@gmail.com.

Delivery/return and hanging the works at your venue might be available by the artist's agent. Agents that offer such services will be identified on the website.

Commissions guarded by Soogart on rental or sale

Upon Rental
15% is kept per soogart for each rental made by a customer on the site. 85% of the rental is paid directly to the artist and is agent via bank transfer or E-transfer.

Upon Sale
10% is kept per soogart for each rental made by a customer on the site. 90% of the rental is paid directly to the artist and is agent via bank transfer or E-transfer.

Soogart partners artists

The artists are selected by the Soogart team to be able to propose their works for rent.

Artists must provide their name, first name, address, telephone number, email address in order to receive their commissions.

Artists must create an account on the Soogart website, in order to validate the terms and conditions or sign them in hard copy during meetings with the Soogart team.

Once the work is rented by a client on the Soogart website, the artist commits to deliver the work within 48 hours to the client's home or professional location.

Once the booking is completed, the artist undertakes to collect the work from the client's home or professional premises.

The artist undertakes to inform Soogart if the work has been sold at the end of the rental period.

In case of absence for a prolonged period, the artist must notify Soogart so that the delivery can be assured or the work can be removed from the site during the time of absence.

Display conditions

All works visible on the website have had a prior agreement with the artists or their agents (including: responsible persons, representatives, or gallery, etc.)

Soogart is in no way responsible if a work supplied by a third party has not been agreed for rental. Soogart is a platform to put clients and artists or their agent in contact with each other.

Personal information we collect

We use the device information (cookies and Log files) we collect to help us detect potential risks and fraud.

We use the order information we generally collect to fulfill any orders placed through Soogart.com (including processing your payment information, arranging delivery and providing invoices and/or order confirmations). In addition, we use this Order Information to :
- Communicate with you and;
- with the preferences you have communicated to us, provide you with information or advertising regarding our products or services.

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

We use Shopify to power our online store - you can learn more about how Shopify uses your Personal Information here:
https://www.shopify.com/legal/privacy.
Here is an independent review on Shopify:
https://www.quora.com/Is-Shopify-safe-for-online-shopping

For more information about our privacy practices,
if you have questions, or if you would like to make a complaint, please contact us by e mail at soogart@gmail.com or by mail using the details provided below:
Soogart
Privacy Compliance Officer
5372 rue Marquette H2J3Z3 Montreal

Changes
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. We will advertise on our site that those policies were upgraded.

Minors
The Site is not intended for individuals under the age of 18 years old.

OVERVIEW

By visiting our site and/or renting something from us, you agree to our "Service" and to be bound by the following terms and conditions ("Terms and Conditions", "Terms"), including additional terms, conditions and policies mentioned herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants and/or content contributors.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. 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 Service 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.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services. Soogart.com, reserves the right to file a complaint and claim damages.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site

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 the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order 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 the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by renter, dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our 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.

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 the site 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). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 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 and make sure 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.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) 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 are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property 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 right. 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 the Service or any related website. You may 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 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 11 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, 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 regulations, rules, laws, 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, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (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 the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 12 - HOW PAYMENTS WORKS ON SOOGART
Once the work(s) have been added to your shopping cart for rental and your account has been created on the Soogart website, you will be able to proceed to payment. Soogart only accepts payments on its site made by VISA, MASTERCARD and AMERICAN EXPRESS credit cards.
No other form of payment is accepted.

Soogart does not sell the works of the artists on its website. To purchase the work, you must go directly to the artist upon delivery of the work or upon its return. As the artists have an agent, only this agent can proceed with the sale and payment of the work.

The commissions will be redistributed by the agent to the artist as well as to the Soogart website by bank transfer or E-transfer.

For artists who do not have agents, Soogart redistributes the commissions linked to the rental directly by Bank Transfer or E-Transfer.

Only agents who have an agreement with Soogart can proceed with the sale of the work. If there is no agreement, the artist remains free to receive payment for his work.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service 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 agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Soogart, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Soogart cannot be held responsible for any payment problems towards the artists, if one of their works is damaged by a customer.

SECTION 14 - INDEMNIFICATION
As a client, you agree to indemnify, defend and hold harmless Soogart and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Soogart undertakes to pay the artists and/or their agents within a maximum of 5 days after the rental of the work.

A copy of the payment is sent by email to the agent or the artist. For any payment problems, the payment may be increased by 15% by the artist or the agent, in order to compensate for transportation costs or time incurred to cover this process. If no arrangements are made, the contract can be cancelled by the agent, the artist or Soogart.

If the payment problem is related to a customer, Soogart will have to notify the customer as soon as possible in order to cancel the delivery.

For any technical problems related to the website grass or other problems, bugs or functionalities, Soogart will notify the artist or his agent of the finding of this error.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada in the Province of Quebec.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at soogart@gmail.com.