Terms of Use

Miracle Canvas, the website affiliated with Pictorem company, provides its website, miraclecanvas.com/en, and services related to the site under these Terms of Use. By continuing to use the site, you thereby give your consent to these Terms.

 

General Provisions

1. All prices on the website are in U.S. dollars.

2. Units of measurement for canvas print sizes are in inches. Print sizes are rounded up/down to the nearest 1 inch value. So for 13.3" × 28.8" print finite size will be 13" × 29" or 13" × 28".

3. The time for executing an order consists of the time it takes to make an order and the time required to deliver it to the buyer. The time for making an order takes to 10 business days.

4. The exact color of the canvas print may be different from the one displayed on the site. This difference is due to the different color settings of your monitor and our studio monitor, which is used when preparing images for printing. If the quality and color play an important role in your ordering decision, then you can order a test print — a print of a small, important section of the image — in order to make sure that the print color and quality of the entire canvas print match the standard (color proof).

5. We offer Free shipping to anywhere in the United States and Canada.

 

 

Ordering Issues

1. We reserve the right not to execute your order if, for some reason, we believe this action is necessary. This may happen for such reasons as poor image quality, an image containing discriminatory content, etc.

2. In the absence of material selected on our website, Miracle Canvas shall notify the buyer within 6 business days of receipt of money and agree on replacement of the selected components. If the buyer declines replacement, the transaction is deemed invalid and the amount of the prepayment is returned to the buyer in full. The entire amount of payment received by Miracle Canvas on such an order is returned to the buyer.

3. If, for any reason, you are not completely satisfied with your print order, we will gladly accept a return for a refund. The refund process involve the full value of the print, except the shipping fees, once you send us the canvas back (within 30 days you got the product), we will refund within 24-48 working hours on your credit card or PayPal.

 

Rights to Use Images

1. Image base on the site

We are an official partner of the image bank Dreamstime, so all the pictures on the site are posted legally.

When placing an order on the site, you are authorizing us to buy the image in the image bank and print a canvas print using it. You automatically become a holder of the Royalty Free license on the images purchased, and agree to its conditions that are posted on the page https://www.dreamstime.com/terms. In particular, you have no right to resell a canvas print purchased on the site or a digital copy of the image.

You can get the right to resell the canvas print by purchasing an extended license in accordance with Dreamstime requirements. To do this, you need to buy an extended license for the image you want at Dreamstime, upload it on the page https://miraclecanvas.com/en/upload.htm, and place your order.

In addition, you have the right to request for an electronic copy of the image during the execution of work on your order. Under the Copyright section, you can find details on rights to images placed on the site.

2. Your uploaded image

You represent and warrant that the image is owned by you or that it is in the public domain. You also agree not to upload images that contain discriminatory content. If you knowingly or unknowingly uploaded a copyrighted image which you have no right to use, you assume full responsibility for any possible legal consequences and shall not consider Miracle Canvas responsible for any illegal actions.

We do not use your uploaded images for any purpose other than to execute a specific order. Uploaded images are deleted on a regular basis, so beware your images are not stored permanently. We reserve the right to remove any uploaded image at any time without explanation.

 

Other Provisions

Miracle Canvas allows only the persons who have the right to conclude contracts in accordance with the applicable law to use the site. If you are under 18 years old, you can use the site only under the supervision of a parent or an adult legal guardian who agrees to the Terms listed here.

We carefully handle confidential information. By accepting these rules, you agree to our Privacy Policy, which are part of this agreement and are available at the link https://miraclecanvas.com/en/privacy.htm.

These conditions can be modified at any time without notice. Current information is always available at the Miracle Canvas site.

 

 

The Boring Legal Stuff

1. PRICES: All prices are Firm Fixed Price, All prices displayed does not include taxes. All transportation, insurance, special packing costs and expenses, and all Federal, provincial and local excise, duties, sales, and other similar taxes are the responsibility of the Purchaser.

2. PAYMENT: Terms are prepayment unless otherwise agreed in writing. Interest shall be charged on overdue accounts at the rate of 18% per annum (1.5% per month) from due date.

3. DELIVERY: Purchaser shall supply shipping instructions with each order. (Ship to and bill to address,). In the absence of specific instructions, Pictorem may select a carrier and insure Products in transit and charge Purchaser accordingly. Pictorem shall not be responsible for any failure to perform due to unforeseen circumstances or causes beyond its ability to reasonably control. Risk of loss, damage or destruction shall pass to Purchaser upon delivery to carrier. Goods are provided solely for incorporation into the Purchaser’s end product and shall not be onward delivered except as incorporated in the Purchaser’s end product.

4. COPYRIGHT AND CONFIDENTIALITY: Copyright in any specification, image file, JPG, any file uploaded and other document supplied by Pictorem under or in connection with the Order and all intellectual property rights in the design of any part of the Equipment or provision of services, whether such design be registered or not, shall vest in Pictorem absolutely. The Buyer shall keep confidential any information expressed or confirmed by Pictorem in writing to be confidential and shall not disclose it without Pictorem’s prior consent in writing to any third party.

5. GENERAL PROVISIONS: All Orders are subject to approval and acceptance by Pictorem. Any Order or other form from the Purchaser, which purports to expand, alter or amend these terms and conditions, is expressly rejected and is and shall not become a part of any agreement between Pictorem and the Purchaser. This agreement shall be interpreted under the laws of the Province of Quebec.

6. LIMITED WARRANTY AND LIABILITY: Warranty Period: Canvas Print — 30 days;. Pictorem warrants that during the Warranty Period that (a) the Product will be free from defects in material and workmanship and conform to Pictorem specifications; . THESE WARRANTIES ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Pictorem SHALL IN NO EVENT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE DUE TO ANY CAUSE.

Purchaser’s exclusive remedy for a claim under this warranty shall be limited to the repair or replacement at Pictorem’s option, of defective or nonconforming materials, parts or components or in the case of software, provision of a software revision for implementation by the Buyer. All material returned under warranty shall be returned to Pictorem prepaid by the Buyer and returned to the Buyer, prepaid by Pictorem. The foregoing warranties do not extend to (i) nonconformities, defects or errors in the Products due to accident, abuse, misuse or negligent use of the Products or use in other than a normal and customary manner, environmental conditions not conforming to Pictorem’s specifications, or failure to follow prescribed installation, operating and maintenance procedures, (ii) defects, errors or nonconformities in the Products due to modifications, alterations, additions or changes not made in accordance with Pictorem’s specifications or authorized by Pictorem, (iii) normal wear and tear, (iv) damage caused by force of nature or act of any third person, (v) shipping damage, (vi) service or repair of Product by the Purchaser without prior written consent from Pictorem, (vii) Products designated by Pictorem as beta site test samples, experimental, developmental, preproduction, sample, incomplete or out of specification Products, (viii) returned Products if the original identification marks have been removed or altered or (ix) Services or research activities.

7. EXCLUSION OF LIABILITY: If a Party would, but for this paragraph (7), have concurrent claims in contract and tort (including negligence) such claims in tort (including negligence) shall to the extent permitted by law be wholly barred, unenforceable and excluded.

Pictorem shall not be liable to the Buyer by way of indemnity or by reason of any breach of the Order or of statutory duty or by reason of tort (including but not limited to negligence) for any loss of profit, loss of use, loss of production, loss of contracts or for any financing costs or for any indirect or consequential damage whatsoever that may be suffered by the Buyer.

In the event and to the extent that Pictorem shall have any liability to Buyer pursuant to the terms of the Order, Pictorem shall be liable to Buyer only for those damages which have been foreseen or might have reasonably been foreseen on the date of effectivity of the Order and which are solely an immediate and direct result of any act or omission of Pictorem in performing the work or any portion thereof under the Order and which are not in the aggregate in excess of ten (10%) percent of the total Order price.