How to pay
1.34 You can only pay for Products using a debit card or credit card. We accept the following cards: Visa, Visa Electron, Visa debit, MasterCard, Amex and Paypal.
1.35 Payment for the Products and all applicable delivery charges is in advance. We will charge your debit card or credit card at the time we send you the Order Acknowledgment.
Our Warranty for the Products
1.36 The Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 18.2.
1.37 The warranty in clause 18.1 does not apply to any defect in the Products arising from 1.37.1 fair wear and tear;
1.37.2 willful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
1.37.3 if you fail to operate or use the Products in accordance with the user instructions;
1.37.4 any alteration or repair by you or by a third party who is not one of our authorized repairers; or
1.37.5 any specification provided by you.
1.38 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
Our liability if you are a business
This clause 19 only applies if you are a business customer.
1.39 Nothing in these Terms limit or exclude our liability for: 1.39.1 death or personal injury caused by our negligence; 1.39.2 fraud or fraudulent misrepresentation; 1.39.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or 1.39.4 defective Products under the Consumer Protection Act 1987.
1.40 Subject to clause 19.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: 1.40.1 any loss of profits, sales, business, or revenue; 1.40.2 loss or corruption of data, information or software; 1.40.3 loss of business opportunity; 1.40.4 loss of anticipated savings; 1.40.5 loss of goodwill; or 1.40.6 any indirect or consequential loss.
1.41 Subject to clause 19.1 and clause 19.2 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
1.42 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
Our liability if you are a consumer
This clause 20 only applies if you are a business customer.
1.43 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
1.44 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
1.45 We do not in any way exclude or limit our liability for: 1.45.1 death or personal injury caused by our negligence; 1.45.2 fraud or fraudulent misrepresentation; 1.45.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); 1.45.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and 1.45.5 defective Products under the Consumer Protection Act 1987.
Events outside our control
1.46 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 21.2.
1.47 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
1.48 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: 1.48.1 we will contact you as soon as reasonably possible to notify you; and 1.48.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
Communications between us
1.49 When we refer, in these Terms, to “in writing”, this will include e-mail.
1.50 If you are a consumer: 1.50.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 13, you must contact us in writing by sending an e-mail to or by sending a letter to BookArt, 5643 Clark Ave, Montreal, Quebec, H2T 2V5, Canada. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
1.51 If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to email@example.com or BookArt, 5643 Clark Ave, Montreal, Quebec, H2T 2V5, Canada. You can always contact us using our Customer Services telephone line.
1.52 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.53 If you are a business: 1.53.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our website. 1.53.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if sent by e-mail, one Business Day after transmission; or, if posted on our website, immediately. 1.53.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. 1.53.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Other important terms
1.54 We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.
1.55 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
1.56 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
1.57 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
1.58 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
1.59 If you are a consumer, please note that these Terms are governed by Canadian law. This means a Contract for the purchase of Products through the site and any dispute or claim arising out of or in connection with it will be governed by Canadian law. You and we both agree to that the courts of Canada will have non-exclusive jurisdiction.
1.60 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Canada.
1.61 If you are a business, we both irrevocably agree that the courts of Canada shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).