Terms & Conditions

PLEASE READ THIS NOTICE BEFORE SUBMITTING ANY ARTWORK OR PHOTOGRAPHY TO THE CANVAS ART FACTORY

By submitting your images through The Canvas Art Factory website you are acknowledging that you have read the terms and conditions and copyright notice below and agree that you are bound by these conditions.

COPYRIGHT NOTICE

A copyright is owned by the person who has taken the photograph and a copyright exists in most images and artwork, even ordinary family snaps. There can be multiple copyrights residing in the photograph and its subject. A copyright in an image is created. A copyright can exist as an ownership right when the image is created or photograph shot and a copyright gives the owner the exclusive right to make copies, publicly distribute copies, publicly display the work, and prepare other works based on the original. Therefore it is illegal to copy, print or digitally reproduce photographs or art created by others without their authorisation. A copyright still exists after 70 years from the death of the life of the author and can reside in copyright owners estate or successors. International law imposes both civil and criminal penalties for violation of a copyright.  The Canvas Art Factory and its customers are each subject to the copyright law.

A considerable amount of time is invested by artists in composing and creating their works and when determining the price to charge for their services they have the expectation that clients would subsequently purchase their prints. Therefore if the prints are obtained elsewhere, the photographer/artist loses the chance to recover a fee for their time and energy. If reproductions of their work are produced without their knowledge or input photographers/artists can be concerned about the artistic integrity of their works since their name is associated with their works. There could be other reasons so The Canvas Art Factory recommends that you discuss these issues with the professional. In this way the photographer/artist can explain their situation, and you may then be in a position where you can purchase or obtain permission to order the prints.

You must always presume that images downloaded from the internet or scanned or copied from print publications are protected by copyright. Therefore it is always best to request permission from print publications before making reproductions so as to resolve in advance any likely copyright problem.

Should you have any queries as to what is legal  always consult a lawyer that specialises in copyrights or log onto the Australian Copyright Council website for further information at
http://www.copyright.org.au/information

The Canvas Art Art Factory always respects the intellectual property of authors and creators of visual images and we ask our customers to do the same.

TERMS AND CONDITIONS

I (the customer) confirm that I have read the Copyright Notice to Customers that appears on The Canvas Art Factory website and am now familiar with the copyright laws governing reproduction of copyrighted photography and artwork. I represent that I am the creator of any images that I submit through you (The Canvas Art Factory) for reproduction services  and as such I am the sole owner of the copyright therein. I authorise you to perform the reproduction services requested, including any alteration, making of copies or the preparation and publication of derivative works based on the image. If I am not the copyright owner I represent that I have reviewed the prior written authorisation of the copyright owner to submit the photography or artwork to you and for you to perform the reproduction services I have requested and that I must provide such written approval to you if required

I agree to defend and indemnify you as well as your directors, officers, employees, affiliates, licensors, web host, affiliated website producers and designers, information providers, and agents, and hold them harmless from any and all liability, expenses, damages and costs, including all reasonable attorney fees, the costs of complying with any order arising out of this agreement, including violation of statute, negligence, breach of contract, common law tort, or otherwise, without limitation.

PRICING AND PROMOTIONS

Occasionally, an error may occur and our goods may be either incorrectly priced or described in which case we will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to correct any errors from time to time. We will contact you to either cancel the order and refund the price you have paid or proceed to place your order into production if  you wish to continue with the order at the correct price or correct description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid.

RETURNS

This policy applies to all purchases made from The Canvas Art Factory, online or instore.

PROOF OF PURCHASE

Please note that all returns, refunds, exchanges or repair requests must be accompanied by any of the following Proof of Purchase documents:

  • Original register reciept
  • A copy of your instore QW number or online purchase invoice