- INTRODUCTION
1.1 Acceptance of Terms and Conditions of Use
IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO THESE GENERAL TERMS
AND CONDITIONS OF USE. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND
CONDITIONS OF USE BEFORE PROCEEDING. ACCESSING THIS WEBSITE IS THE
EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE
TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF
YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS
WEBSITE AND DO NOT ENQUIRE ABOUT ANY PRODUCTS AND/OR SERVICES OFFERED
FROM THIS WEBSITE OR DESCRIBED ON THIS WEBSITE.
These general terms and conditions of use (the “Terms of Use”) constitute a legal agreement between
you (“You” and “Your”) and Reza’s Ceramic Arts Studio (the “Company”) governing Your use of
www.rezahosseiny.com and all associated web pages owned by the Company (collectively, the
“Website”). “We” and “Us” means both You and the Company. By accessing or using the Website or
otherwise indicating Your consent to these Terms of Use, You agree to be bound by these Terms of Use
and the documents referred to herein. If You do not agree with or accept any of the terms of these
Terms of Use, You should cease using the Website immediately. These electronic Terms of Use shall be
the equivalent of a written paper agreement between Us.
By using the Website, You represent and warrant that You are the legal age of majority under applicable
law to form a binding contract with the Company.
1.2 Amendment of Terms of Use
These Terms of Use are dated 2021. The Company reserves the right in its sole discretion to amend
these Terms of Use for any or no reason, at any time, and from time to time. Any and all such
amendments will be effective from the date they are published and will apply to all access to or
continued use of the Website.
By continuing to use or access the Website following such amendment to these Terms of Use, You
agree to be bound by the Terms of Use as amended, regardless of whether or not the Company notified
You of such amendments. You agree to periodically review these Terms of Use in order to be aware of
any amendments.
No changes to these Terms of Use are valid or have any effect unless agreed to by the Company in
writing. - YOUR USE OF AND CONDUCT ON THE WEBSITE
2.1 Nature of Use
The Website is for Your personal and non-commercial use only. You agree that You will only access or
use the Website for lawful purposes and in accordance with these Terms of Use. As a condition of Your
access to and use of the Website, You warrant and agree that You will not use or access the Website to:
(a) violate or promote the violation of any government-imposed restriction or rule or of any thirdparty’s rights;
(b) impersonate any person or entity, misrepresent Your affiliation with a person or entity, or
do any other thing or act that brings the Company, any other user of the Website, or any third-party
into disrepute or causes liability for the Company;
(c) distribute viruses, malware, or any other technologies that are malicious or that may
harm the Company, the Website, other users of the Website, the Company’s affiliates, or any thirdparty, or in any other way interfere or attempt to interfere with the proper working of the Website;
(d) reverse engineer, recompile, copy, modify, distribute, transmit, license, sub license,
display, revise, perform, transfer, sell, or otherwise make available to any third-party, or otherwise
publish, deep link, create derivative works from or exploit in any way the Website or any content on
the Website except as permitted by the Company under these Terms of Use; and
(e) harvest or otherwise collect, use, or disclose (including through the use of any robot,
spider, or other automatic device, process, or means) content on the Website or personal
information about any other user or users of the Website for any purpose.
You further represent and warrant with respect to any account that You may make on or through the
Website that:
(w) all the information You provide on or through the Website is correct, current, and
complete;
(x) any username, password, or any other piece of information chosen by You, or provided
to You as part of the Company’s security procedures, if any, will be treated as confidential by You
and will not be disclosed to any other person or entity;
(y) You will notify the Company immediately of any unauthorized access to or use of Your
username or password, if applicable, or any other breach of security; and
(z) You will not transfer Your account, if any, to another person without the prior written
consent of the Company.
2.2 User Generated Content
You may be able to submit, post, publish, display, or otherwise transmit content, material, or
information to the Website or to other users or persons through or using the Website (“User Generated
Content”). You are entirely responsible for all User Generated Content You submit, post, publish,
display, or otherwise transmit on or through the Website. The Company is not responsible or legally
liable to any third party for the content or accuracy of any User Generated Content submitted, posted,
published, displayed, or otherwise transmitted on or through the Website by You or any other user of
the Website. Any and all User Generated Content must comply with all applicable laws, regulations,
and these Terms of Use.
User Generated Content may be removed, hidden, edited, or otherwise altered at the sole discretion of
the Company for any or no reason, with or without notice, and at any time. How-ever, the Company
has no obligation, nor any responsibility to any party to monitor the Web-site or its use, and does not
and cannot undertake to review User Generated Content. The Company cannot ensure prompt removal
of objectionable material, including User Generated Content, and the Company has no liability for any
action or inaction regarding transmissions, communications, or content, including User Generated
Content, provided by any user of the Website or third-party, subject to applicable laws.
The discretion of the Company will be informed, but not limited by, the following guidelines for
inappropriate User Generated Content. User Generated Content may be deemed inappro-priate by the
Company if it contains, depicts, includes, discusses, encourages, or involves, with-out limitation:
(a) material or conduct that is illegal, exploitative, obscene, harmful, threatening, abusive,
harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or
discriminatory based on race, sex, religion, nationality, disability, sexual orientation, age, or other such
legally prohibited ground;
(b) any false, inaccurate, or misleading information, or the impersonation or attempted
impersonation of the Company, an employee of the Company, another user of the Website, or any
other person or entity;
(c) conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as
determined by the Company in its sole discretion, may harm the Company or users of the Website,
or expose either to liability;
(d) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or
alarm any other person; or
(e) material or conduct that is otherwise objectionable, as determined by the Company at its
sole discretion.
By submitting, posting, publishing, displaying, or otherwise transmitting any User Generated Content
on or through the Website, You agree to grant the Company, its successors, and as-signs, and the
Company’s affiliates and service providers as necessary, a worldwide, royalty free, perpetual,
irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, copy, and
otherwise disclose for any purpose any User Generated Content You submit, post, publish, display, or
otherwise transmit on or through the Website. You waive all moral rights in any such User Generated
Content.
2.3 Ordering and Purchases
You may be able to purchase products on the Website and Your purchase of any such goods will be
governed by this subsection 2.3, subject to any additional terms relating to a particular product
(“Additional Terms”), which will be made available to You at or before Your time of ordering and will
prevail over these Terms of Use in the event of a conflict.
By selecting a product, quantity, colour, and/or any other features required to be selected by You,
providing Your provided method of payment, and completing the steps required of You during the
check-out process, You can place an order for a product on the Website. You may receive an email
confirming that such order has been received by the Company, however: (a) any such order
confirmation provided to You by the Company does not constitute an acceptance of Your order; and (b)
the Company reserves the right, at its sole discretion, to accept or reject any order prior to shipment of
that order. Without limiting the foregoing sentence, the Company may reject all or a portion of Your
order because of the unavailability of the ordered product or products for purchase, errors in product
pricing information, or a product recall for one or all of the products You ordered. Shipment and
processing of payment for each product in Your order will constitute the Company’s acceptance of that
portion of Your order.
The Company does not represent or warrant that any products description, image, or other such content
on the Website is accurate, complete, reliable, or current. If You deem that a product You purchased on
the Website is not as described on the Website, Your sole recourse is to return that product to the
Company for a refund. Please direct such return inquiries to info@rezahosseiny.com. To extent legally
permissible, the only warranties and conditions provided to You with respect to any particular product
are those warranties and conditions described on the Website.
By placing an order for a product or products on the Website, and specifically by confirming your order
at the conclusion of the check-out process, You agree to pay the Company the total amount set-out at
the time You confirm Your order. All prices quoted on the Website, including the prices for products
and shipping, are in Canadian dollars unless otherwise explicitly stated. Your provided method of
payment will be charged for Your order or for each product in Your order as each portion of Your order
is accepted by the Company and shipped. The Company reserve the right to reject Your order where the
price of an ordered product has changed or was mis-stated on the Website; You may be provided an
opportunity to accept such price change and continue with Your order. You are required to pay for all
products shipped to You by the Company, even where such product is shipped to You as a result of an
error by the Company, unless You return such product to the Company within 14 calendar days of Your
receipt thereof. All payments owed by You are due no more than 30 calendar days after Your receipt of
the product and/or order and the Company reserves the right to charge interest on any amounts owed
but not paid by You within such time at the lower of 1.5% or the maximum rate permitted by law.
All information provided by You to the Company during the check-out process must be truthful,
accurate, and complete for the purposes for which such information was requested. By providing
payment information to the Company, You represent and warrant that You are the authorized owner of
such payment method.
The Company may use third-party carriers to ship and deliver the products You order and the Company
is not responsible for any loss or damage to any such products after the Company has delivered the
products to a third-party carrier. Products You order may be shipped in one or multiple packages.
Shipping costs provided to You during the check-out process are estimates only and are realized by the
Company at the time of shipping. You agree to pay all ship-ping costs unless otherwise stated by the
Company at the time of Your order, including without limitation any increase in the price of shipping or
any duties or other such taxes.
The Company will respect any certain legal rights You have with respect to Your order under applicable
consumer protection laws. For information on the Company’s exchange and returns policy
info@rezahosseiny.com or visit www.rezahosseiny.com].
“ADDITIONAL TERMS”
SALE OF GOODS AND SERVICES
The following goods are available on our site: Ceramic Art Products. The goods will be paid for in
full when the goods are ordered. The following services are available on our Site: Accepting Ceramic
Art/Visual Arts Commission. Due to the nature of the art commission, these services will be paid for
in half before the beginning of the starting process of making and the other half before delivering the
product to you. All the other terms and conditions of ordering a commission will be based on the
written or verbal agreement between you and Reza Hosseiny/Reza’s Art Studio.
SHIPPING & DELIVERY
When you purchase goods from our Site, the goods will be delivered through the following method:
Standard delivery by post.
Delivery will take place as soon as reasonably possible, depending on the delivery method selected.
Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not
include weekends and statutory holidays. You will be required to pay delivery charges in addition to the
price for the goods you purchase. You are required to provide us with a complete and accurate delivery
address, including the name of the recipient. We are not liable for the delivery of your goods to the
wrong address or wrong person as a result of you providing us with inaccurate or incomplete
information.
RETURN
You are responsible for paying the shipping costs for returning your item. Shipping costs are nonrefundable. Only regular-priced items may be exchanged or returned for store credit. Due to the nature
of our products, we cannot accept returns. To be eligible for an exchange or store credit, your item must
be unused and in the same condition that you received it. It must also be in the original packaging.
Return requests must be made within 30 days after receipt of your goods. Returns can be made by mail.
To return a good by mail, follow the following procedure: To return your product to us for exchange or
store credit, contact us at info@rezahosseiny.com. Our address is 342 Viewmount Street, Oshawa,
Ontario, Canada L1H7C3. If you are shipping an item valued at over $75. please consider using a
shipping service with tracking or purchasing shipping insurance. The Reza Art Studio is not responsible
for returned items lost in the mail; and If you believe your item is incorrect, please contact us for an
exchange. We can be contacted at info@rezahosseiny.com. - INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
The Website and all the content of the Website (including without limitation all information, reports,
data, databases, graphics, interfaces, web pages, text, files, software, code, product names, company
names, trademarks, logos, trade names, any other intellectual property contained on the Website but
excluding User Generated Content), the manner in which such content is presented or appears and all
information relating thereto, and the Website’s features and functionality (collectively, the “Website
IP”) are owned by the Company, its licensors, or other providers of such Website IP, and are protected
in all forms by intellectual property laws, including without limitation copyright, trademark, patent,
trade secret, industrial design, and any other proprietary rights.
The Company grants You a personal, revocable, non-transferable, and non-exclusive license to access
and read the Website IP.
You agree that, except as explicitly authorized by the Company, You will not:
(a) distribute the Website IP for any purpose, including without limitation by compiling an
internal database, or by redistributing or reproducing the Website IP by the press or media or through
any commercial network, cable, or satellite system;
(b) create derivative works of, reverse engineer, decompile, disassemble, adapt, trans-late,
transmit, distribute, publish or republish, download, store, arrange, modify, copy, bundle, sell, sublicense, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any
person or otherwise use, either directly or indirectly, the Website IP in whole or in part, in any form or
by any means whatsoever, be they physical, electronic, or otherwise; or
(c) allow any third-party to access the Website IP. - ENFORCEMENT, SUSPENSION, AND TERMINATION
The Company may in its sole discretion for any or no reason, with or without notice, and at any time:
(a) terminate these Terms of Use;
(b) limit, suspend, or terminate Your access to or use of the Website;
(c) take technical and legal steps to prevent You from accessing or using the Website; or
(d) remove or otherwise modify any User Generated Content.
Any such termination or action by the Company shall be in addition to and without prejudice to such
rights and remedies as may be available to the Company, including injunction and equitable remedies.
Any terms of these Terms of Use which are necessary to give effect to the rights of the Company under
these Terms of Use or that contemplate survival beyond termination shall survive, except to the extent
not permitted by law. - INDEMNITY
To the maximum extent permitted by applicable law, You agree at all times to indemnify, de-fend, and
hold harmless the Company, its agents, affiliates, partners, and its and their respec-tive directors,
officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns
from and against any claims, actions, proceedings, demands, liabili-ties, damages, judgments, awards,
losses, costs, expenses, or fees (including legal and other fees and disbursements) sustained, incurred,
or paid by the Company, or arising out of or re-lating to Your breach of these Terms of Use or Your
access or use of the Website, including without limitation any User Generated Content You submit,
post, publish, display, or otherwise transmit on or through the Website, and Your access to, use, or
misuse of the Website or any content on the Website. - LIMITATIONS ON LIABILITY AND DISCLAIMER
6.1 Limitations on Liability
EXCEPT TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS
AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR ITS OR THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS,
LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE, WHETHER IN TORT,
CONTRACT, OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTIAL, PUNITIVE,
EXEMPLARY, AGGRAVATED, ECONOMIC, OR CONSEQUENTIAL DAMAGES, HOWSOEVER
CAUSED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, LOST
PROFITS, LOST GOODWILL OR BUSINESS REPUTATION, LOST DATA, OR LOST SAVINGS,
EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAM-AGES OR CLAIM, RESULTING FROM YOUR
USE OF OR INABILITY TO USE THE WEBSITE OR ANY CONTENT ON THE WEBSITE,
INCLUDING WITHOUT LIMITATION: (A) ANY CHANGES THE COMPANY MAY MAKE TO
THE WEBSITE OR TO ANY CONTENT ON THE WEBSITE, OR FOR ANY PERMANENT OR
TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE OR ANY CONTENT ON
THE WEBSITE; (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO SEND, DISPLAY,
OR STORE ANY ADS, USER GENERATED CONTENT, OR OTHER COMMUNICATIONS OR
DATA MAINTAINED OR TRANSMITTED BY OR THROUGH THE WEBSITE OR ANY
CONTENT ON THE WEBSITE, INCLUDING USER GENERATED CONTENT; (C) YOUR
FAILURE TO PROVIDE THE COMPANY WITH ACCURATE ACCOUNT INFORMATION OR TO
KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, AS
APPLICABLE. NOTWITHSTANDING THE FOREGOING, IF THE COMPANY IS FOUND TO BE
LIABLE FOR ANY REASON, THE COMPANY’S LIABILITY TO YOU OR ANY THIRD-PARTY
IS LIMITED TO THE GREATER OF: (Y) THE TOTAL FEES SUCH PARTY MADE TO THE
COMPANY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY;
AND (Z) $150 CAD.
6.2 Availability, Completeness, and Quality
You understand and agree that the Website, any content on the Website , and any services or items
found or attained through the Website are provided on an “as is” and “as available” basis, without any
warranties of any kind, either express or implied, including without limitation the implied warranties of
merchantability, fitness for particular purpose, or non-infringement.
Except as otherwise expressly required by applicable law, the Company makes no representations,
warranties, conditions, or other terms (whether express or implied) in relation to the pro-vision of the
Website or any content on the Website, including without limitation as to completeness, security,
reliability, suitability, accuracy, availability, or currency of the Website or any content on the Website,
that the Website or any content on the Website will be free from bugs, errors, or omission, or as to the
satisfactory quality or fitness of the Website or any con-tent on the Website for a particular purpose.
The Company assumes no obligation to update the Website or any content on the Website. The Website
or any content on the Website may be changed without notice to You.
To the maximum extent permitted by applicable law, the Company excludes all liability (whether
arising in contract, tort, breach of statutory duty, or otherwise), which the Company may otherwise
have to You as a result of any error or inaccuracies in the Website or any content on the Website, the
unavailability of the Website for any reason, or any representation or statement made on or through the
Website or any content on the Website.
The Company is not responsible for any content on the Website, including User Generated Content,
that You may find undesirable or objectionable.
6.3 Downloads
The Company cannot and does not guarantee or warrant that files or data available for down-loading
on, through, or as a result of the Website will be free of viruses or other destructive code. You are solely
and entirely responsible for Your use of the Website and Your computer, Internet, and data security. To
the fullest extent provided by law, the Company will not be liable for any loss or damage caused by
denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or
crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful materials that
may infect Your computer equipment, computer programs, data, or other proprietary material due to
Your use of the Website or any services or items found or attained on, through, or as a result of the
Website or to Your downloading of any material posted on or through the Website, or on any website
linked to the Website.
6.4 Third-Party Sites
The Website or content on the Website may contain links to third-party sites. The Company does not
assume responsibility for the accuracy or appropriateness of, and has no control over, the information,
data, opinion, advice, or statements contained at such sites, and makes no representations about any
such websites that may be accessed from the Website or from any content on the Website. Where You
access such sites, You acknowledge and agree You are doing so at Your own risk. Your use of a thirdparty site may be governed by the terms and conditions of such site.
In providing links to third-party sites, the Company is in no way acting as a publisher or disseminator
of any material contained on those sites and does not and does not seek to monitor or control such sites.
A link to a third-party site does not mean and should not be construed to mean that the Company is
affiliated or associated with such third-party in any way. The Company does not recommend or endorse
any material found on such third-party sites. The mention of another party or its product or service on
the Website or in any content on the Website is not and should not be construed as an endorsement of
that party or its product or service.
6.5 No Reliance
Any reliance You may place on the Website or any content available on, through, or as a result of the
Website is at Your own risk. Any content provided by the Company on, through, or as a result of the
Website is provided for general information purposes only and to inform You about the Company and
the Company’s products, news, features, services, and other websites. Such content does not constitute
technical, financial, or legal advice, or any other type of ad-vice, and should not be relied on for any
purpose. You agree to apply Your own judgment or obtain specific or professional advice before taking,
or refraining from, any action or inaction on the basis of the Website or any content on the Website,
including User Generated Content, including without limitation the use of the Website or any content
on the Website, including User Generated Content, as the basis for any conclusions.
6.6 No Offer of Sale
Unless explicitly stated, the Website and the content on the Website are not to be construed as an offer
to sell any product or service.
6.7 Force Majeure
The Company shall have no liability to You for any breach of these Terms of Use caused by any event
or circumstances beyond the Company’s reasonable control including without limitation strikes, lockouts and other industrial disputes, breakdown of systems or network access, dis-ease, flood, fire,
explosion, or accident. - RELEASE
If You have a dispute with one or more other users of the Website, You release the Company, its
affiliates, and licensors (and its and their directors, officers, employees, agents, and subsidiaries) from
any claims, demands, and damages (actual and consequential) of every kind and nature, known and
unknown, arising out of or in any way connected with such disputes. - PRIVACY
The use by the Company of Your personal information is governed by the Company’s privacy policy
(“Privacy Policy”), which can be found at [link to privacy policy]. By using the Company’s Website or
by submitting Your personal information, including User Generated Content, on or through the
Website, You consent to the collection, use, and disclosure of Your personal information in accordance
with the terms of the Privacy Policy. - GENERAL
9.1 No Agency
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relation-ship is
intended or created by these Terms of Use.
9.2 Governing Law, Jurisdiction, and Attornment
These Terms of Use shall be governed by and construed in accordance with the laws of the Province of
Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law
provision, principle, or rule, and notwithstanding Your domicile, residence, or physical location.
For the purpose of all legal proceedings, these Terms of Use shall be deemed to have been performed in
the Province of Ontario and the courts of the Province of Ontario shall have jurisdiction to entertain
any action arising under or out of these Term of Use. You and the Company agree to irrevocably attorn
and submit to the exclusive jurisdiction of the courts of the Province of Ontario. You further waive any
and all objections to the exercise of jurisdiction over You by such courts and to the venue of such
courts.
You agree to waive any right You may have to a trial by jury or to commence or participate in any class
action against the Company related to the Website or any content on the Website, including User
Generated Content, or these Terms of Use.
9.3 Waiver
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these
Terms of Use operates, or may be construed, as a waiver thereof. No single or partial exercise of any
right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the
exercise of any other right, remedy, power, or privilege.
9.4 Severability
Any term of these Terms of Use that is prohibited or unenforceable in any jurisdiction shall, as to that
jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed
from the balance of these Terms of Use, all without affecting the remaining terms of these Terms of Use
or affecting the validity or enforceability of such terms in any other jurisdiction. Nothing in these
Terms of Use shall operate to prejudice any mandatory statutory requirement or Your statutory rights.
9.5 Entire Agreement
These Terms of Use together with the Privacy Policy and other documents referred to herein contain
the entire understanding and agreement between Us in relation to Your use of the Website, and
supersede and replace all prior and contemporaneous understandings, agree-ments, representation,
statement, or other communication made by You or the Company, whether written or oral, that is not
contained herein.
9.6 Notices
The Website is operated by Reza’s Ceramic Arts Studio at 342 Viewmount Street, Oshawa L1H 7C3.
You consent to the exchange of information and documents between Us electronically over the Internet
or by e-mail. If You have an account profile with the Company or have purchased a product or service
from the Company, the Company will send You information and documents to the e-mail address in
Your account profile on the Website or provided in the course of purchasing such product or service.
You will send information and documents to the Company by email to info@rezahosseiny.com.
Every notice that You are required or permitted to provide under these Terms of Use to the Company
shall be in writing and provided to info@rezahosseiny.com. All notices from the Company to You will
be displayed on the Website from time to time.
9.7 Assignment
You may not assign, sublicense, or otherwise transfer any of Your rights and obligations in these Terms
of Use to any other person.
