TERMS OF SERVICE

This website belongs to Milkhouse Originals and the artist Mori Franks (“us”, and “we” and/or “Milkhouse”). 

Your use of this website, whether to order a product from us or perform any other kind of action, shall be governed by these terms and conditions (“Terms”) which you unconditionally accept by your continuing use hereof and/or purchase of any piece of artwork here from. You may not use and shall immediately leave and discontinue your use of this website if you are not able to create a legally binding agreement in accordance with applicable laws and/or if you do not agree to the content of these Terms in full. 

PRODUCTS SHOWN ON OUR WEBSITE

All product specifications, colors, descriptions, drawings, weights, dimensions and illustrations provided on this website are provided on a best effort basis and are intended to be provided as a form of guidance only. The artwork received may vary accordingly. 

BUYING ARTWORK FROM OUR WEBSITE

Once you have found a piece of artwork that you would like to purchase, and payment has been received in full, we will make arrangements for the item to be delivered to you to accordance with the delivery section of these Terms. Costs for delivery will vary, depending on where the item is being shipped to and such costs shall be in addition to the cost of the item as shown on our website.

Prices for products are subject to change without notice to you at any time. Notwithstanding the foregoing, this shall not affect items which have already been bought and paid for, but where the scope of custom-made orders changes (from that which was originally agreed when agreeing to create the custom-made order), we reserve our right to make changes to the price which was originally quoted. Please see the section on custom-made orders for more information. 

All prices shown on our website shall be in Canadian Dollars (CAD). 

PAYMENT

Payment may be made through credit card (via a secure connection provided by one of our third-party payment providers), PayPal or Stripe and subject to the provisions of these Terms. 

During the checkout process, you will be asked to complete your payment details as instructed to make payment. All highlighted fields must be completed, and you will need to select your payment method. Kindly familiarize yourself with the Returns provisions of these Terms before proceeding with your chosen payment method. 

We will not retain a copy of any credit card information.  All credit card payments may be subject to authorization by your credit card issuer. If the card is declined, your order will not be processed. However, there may be a pending transaction until your credit card issuer removes the authorization. 

All charges, prices, fees and other payments shall be paid without any deductions or withholdings of whatsoever nature. 

CUSTOM MADE ORDERS

Where you wish to procure a custom-made order, which is different from a current item which may be showcased on our website, you may make arrangements through the commissions page when slots are available. Details of your custom-made order will be required. We cannot guarantee that we will accept your request or that such request can be processed. Once all specifications have been chosen and approved, payment will be required in the form of a 50% deposit. Once the pre-determined deposit has been received, we will proceed with your order according to our specified timeline. Upon completion of the work, the balance of the fee will be required and your custom piece will then be delivered to you. Deposits are non-refundable. In the event that you are not satisfied with the final custom artwork, we will retain both the deposit and the artwork. Every reasonable effort will be made for you to be satisfied with your custom order.

DELIVERY

We will arrange for the delivery of the items you have purchased in accordance with the delivery method we have agreed with you when completing and finalizing your order. In cases where delivery is made by a carrier, courier, freight forwarder or delivery service provider (“Logistic Provider”), an additional fee in the form of shipping and handling charges may apply. This will be in addition to the prices we charge you for the items you have decided to purchase and will be added to your total bill. In addition, you will be liable for all customs requirements and duties arising for delivery of the items outside of Canada. The transport and delivery of the items you have ordered by the Logistics Provider, shall be subject to the Logistic Provider’s terms and conditions, which terms and conditions shall be incorporated in this clause by reference. 

Times for deliveries will vary depending on various factors such as the items that you order, the size of your order, the availability of your order, where the items are being shipped to/from and so forth. All risk in the items you order (including risk of loss and/or damage to the items) shall pass to you once we hand them over to the Logistics Provider. Notwithstanding the foregoing, ownership of the items shall not pass to you until the price for such items (and all delivery and/or additional charges) have been paid in full.  The actions of the Logistics Provider are out of our control and as such, we cannot and do not accept any liability for the actions or the inactions in relation to the same. 

RETURNS

All sales of originals and prints are final. Returns, exchanges or cancellations are not accepted. Please contact milkhouseoriginals@gmail.com within seven days of receiving your artwork if you have any issues with your purchase, and a remedy to the situation may be possible.

In the event that an agreement is made to return a print, a restocking fee of 20% of the cost of the print will be applied. The same restocking fee would apply to an exchange. Shipping costs are non-refundable, and return shipping is the responsibility of the buyer. 

A processing time of 2-7 business days will be required to prepare your original purchase for shipping. Prints are made to order and may require more time while it is created especially for you. 

INTELLECTUAL PROPERTY

All artwork, images and graphics are the sole property of Milkhouse Originals, and the artist Mori Franks. Any artwork or content contained on this website may not be reproduced, copied or used in any other form, whether incorporated wholly or partially into any other created work, or otherwise without the prior written permission of Mori Franks.

Without limiting the generality of the foregoing, Milkhouse Originals and Mori Franks retain all rights to the artwork and images shown and purchased on this website, including after such item has been purchased. For the avoidance of any doubt, this shall also include any commissioned originals and/or custom-made goods. 

Items may not be modified or published in whole or in part without written permission from the artist, Mori Franks. Collectors have the right to display the artwork but retain no other rights to the artwork and/or any part thereof. Any image which includes originals or reproductions, such as social media, magazines or books, must attribute such creation and/or image to the artist, including, but not limited to, the artwork title and the artist’s name (Mori Franks).

Milkhouse Originals reserves the right to modify or discontinue the service without notice at any time. 

PRIVACY POLICY

Your personal, demographic or financial information is not shared with any third party. Only data that is given voluntarily is accessed. By using the Milkhouse Originals website, you consent to the data practices described. 

Billing and credit card information is used only to complete purchase transactions. This information is encrypted using a secure payment processing service. Your personal information is only collected and used to deliver the services you have requested.

More information can be found in our Privacy Policy

COOKIES

Cookies may be used to enhance the performance of your experience using our website experience. By visiting the site, you are agreeing to the use of cookies.

DISCLAIMERS

This website, its content, and the items sold on it, are all provided on a strictly “as is” basis. We expressly disclaim any and all warranties and conditions of any kind, whether express, implied or statutory, including without limitation, warranties and conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy and non-infringement. We make no warranty that this website or the items will meet your requirements and/or expectations, will be available on an uninterrupted, timely, secure and error-free basis. If applicable law requires any warranties with respect to this website or the items to be given, all such warranties are limited in nature and duration to the minimum requirements imposed on us by law.

LIMITATION ON LIABILITY

To the maximum extent permitted by law and notwithstanding anything herein to the contrary, our maximum liability arising from or in relation to the items, these Terms and your use of our website (for any cause whatsoever and in any form of action) shall be limited to fifty USD ($50.00) or the value of the items, whichever is higher. The existence of more than one claim will not enlarge this limit as it shall be in the aggregate. You agree that our suppliers will have no liability of any kind arising from or relating to these Terms. 

These Terms shall not affect your legal rights whether under any mandatory consumer protection laws, which cannot be excluded or limited by applicable law

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed and construed in accordance with the laws of Canada for the time being in force. 

All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms shall be amicably resolved between us within ninety (90) days from the date thereof. Failure to reach amicable settlement shall cause the dispute to be referred to and finally settled by the Courts of Canada. 

GENERAL

Survival of Agreement.  These Terms will survive the termination of your relationship with us for a period of five (5) years from the date you last visited this website.  

Electronic Communications. All communications between us and you will be in electronic form. For contractual purposes, you (a) consent to receive communications from us in an electronic form and (b) you agree that all terms and conditions, agreements, notices, disclosures, and other forms of communication that we may provide you with, satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy. The foregoing does not affect any non-waivable rights.

Entire Terms. These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between us and you regarding the use of our items, services and this website. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. Any or all of the rights and limitations set forth in these Terms may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of these Terms. If any part or parts of these Terms are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of these Terms shall continue in full force and effect. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  We may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees. 

Copyright/Trademark Information.  Copyright © 2021 Milkhouse Originals and © 2021 Mori Franks. All rights reserved.  All trademarks, logos and service marks (“Marks”) displayed on this website and with the items (in any way, shape or form) are our property. You are not permitted to use these Marks without our prior written consent.

Contact. To contact us, please email us at milkhouseoriginals@gmail.com