Terms of Service

1. Introduction

Our aim is to keep this agreement as readable as possible, but some language is required for legal reasons.

2. Your Acceptance of this Agreement

These Terms of Service are entered into by and between you and Vesper Wild ("Company", "we", "our", or "us"). These Terms of Service govern your access to and use of https://vesperwild.com/, including any content, functionality, products, and services offered on or through the website.

By using the website, or by clicking to accept or agree to these Terms of Service when that option is made available to you, you accept and agree to be bound by these Terms of Service and our Privacy Policy, incorporated by reference. If you do not agree to these Terms of Service, you must not access or use the website.

Before you place an order, checkout will present an order-review step that allows you to review and correct your name, email address, shipping address, billing information, selected products, product format, size, quantity, shipping method, taxes, shipping charges, other charges, total amount payable, and payment details before you submit payment. You must affirmatively accept these Terms of Service and the policies incorporated into them before completing a purchase.

These Terms of Service and the policies linked in them are available before checkout in a form that you can save, retain, and print.

After you place an order, we will send an order confirmation to the email address you provide. The confirmation will be sent in a form you can retain and access for future reference within 15 days after purchase and will include the customer name, agreement/order date, supplier identity and contact information, product description, itemized prices, taxes, shipping charges, applicable additional charges, total amount payable, payment terms, delivery place, delivery method where applicable, and cancellation, return, exchange, and refund rights or limits that apply to the order.

By placing an order, you consent to receive transactional electronic communications needed to process and administer the order, including order confirmations, receipts, payment notices, shipping and tracking notices, delay notices, issue-resolution messages, cancellation notices, return/refund communications, and customer-support responses. Order confirmations will be sent in a form that can be retained and accessed for future reference.

By accessing and using this website, you:

• Accept and agree to be bound by and comply with these Terms of Service.
• Represent and warrant that you are the legal age of majority under applicable law to form a binding contract with us.
• Agree that if you access the website from a jurisdiction where it is not permitted, you do so at your own risk.

3. Updates to Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the website thereafter.

Continuing to use the website or making subsequent purchases after revised Terms of Service are posted means that you accept and agree to the changes. You are expected to check this page each time you access the website so you are aware of any changes, as they are binding on you.

Changes to these Terms apply prospectively. The Terms and policies in effect when you place an order govern that order, and we will not retroactively change terms for an already-placed order in a way that removes non-waivable consumer rights or materially worsens the bargain for that order.

4. Your Responsibilities

You are required to ensure that all persons who access the website are aware of these Terms of Service and comply with them. It is a condition of your use of the website that all information you provide on the website is correct, current, and complete.

You are solely and entirely responsible for your use of the website and your computer, internet, and data security.

5. Prohibited Activities

You may use the website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the website:

• In any way that violates any applicable law or regulation.
• To exploit, harm, or attempt to exploit or harm minors in any way.
• To send, receive, upload, download, use, or re-use material that does not comply with these Terms of Service.
• To transmit advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations.
• To impersonate the Company, a Company employee, another user, or any other person or entity.
• To restrict or inhibit anyone's use or enjoyment of the website, or to expose us or others to harm or liability.

Additionally, you agree not to interfere with the website, copy it using automated means, introduce malicious code, attempt unauthorized access, or attack the website by denial-of-service or similar methods.

6. Intellectual Property Rights

The Vesper Wild website design, code, product pages, product names, collection names, product descriptions, graphics, logos, branding, trade dress, written content, curated collections, layout, selection and arrangement of materials, and other human-authored materials we create or provide through the website are owned by Vesper Wild or its licensors to the fullest extent permitted by applicable law.

Some artwork offered by Vesper Wild is created or assisted by artificial intelligence tools and may include AI-generated material. Copyright protection for AI-generated material varies by jurisdiction and depends on the nature and amount of human authorship, selection, arrangement, editing, and other creative contribution. Nothing in these Terms of Service should be read as a representation that every AI-generated image, or every element of an AI-generated image, is protected by copyright in every jurisdiction.

Where copyright, trademark, or other intellectual property rights exist, Vesper Wild reserves all rights in those materials, including rights in human-authored text, branding, product photography, mockups, curated collections, selection and arrangement, and human-created edits or modifications to artwork.

We do not knowingly sell artwork or products that infringe third-party copyrights, trademarks, publicity rights, privacy rights, or other intellectual property or proprietary rights. If you believe content on the website infringes your rights, contact support with enough information for us to review the issue.

Purchasing a physical print gives you ownership of that physical item only. It does not transfer any copyright, trademark, digital file, reproduction right, resale right in digital form, merchandising right, or right to create derivative products. You may display the physical print for personal, household, or ordinary business decor purposes.

You may not scan, photograph, copy, reproduce, distribute, upload, sell, license, mint as an NFT, use in marketplace listings, use in print-on-demand products, scrape, bulk download, use for AI training, or otherwise commercially exploit Vesper Wild materials except with our prior written permission or where applicable law does not allow this restriction.

7. Our Rights

We have the right, without notice, to:

• Take appropriate legal action, including referral to or cooperation with law enforcement or regulatory authorities.
• Terminate or suspend your access to all or part of the website for any reason, including violation of these Terms of Service.

Any refusal of service, account restriction, order refusal, cancellation, or website-access restriction will be applied in a manner that is not unlawfully discriminatory or deceptive and does not override refund, shipping, delivery, cancellation, or other obligations for accepted orders where applicable law requires those obligations.

You waive and hold harmless the Company and its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors from claims resulting from actions taken by the Company or law enforcement authorities relating to investigations or enforcement.

8. Third-Party Links and Content

For your convenience, the website may provide links or pointers to third-party sites or third-party content. We make no representations about third-party sites or content, have no control over them, and accept no responsibility for them or for loss or damage arising from your use of them.

9. Online Orders

All orders, purchases, or transactions for goods made through the website are subject to these additional terms and conditions of sale:

• You may not order goods from the website if you are prohibited from accessing or using the website or purchasing the goods by applicable law, or if you are outside a region where the goods are available for purchase.
• Sales are available for delivery to the United States, Canada excluding Quebec, Australia, New Zealand, Japan, Singapore, Norway, Switzerland, and Liechtenstein. Quebec orders are not currently accepted.
• Your order is an offer to buy, under these Terms of Service, the goods listed in your order. All orders must be accepted by us, and we may choose not to accept orders at our sole discretion, even after sending a confirmation email.
• Prices, discounts, and promotions are subject to change without notice. The price and currency charged will be the price and currency stated at checkout at the time the order is placed.
• Posted prices may not include taxes or shipping and handling charges unless stated. Applicable taxes and charges will be shown in the cart or checkout where required.
• We strive to display accurate pricing and availability, but may correct errors, inaccuracies, or omissions and cancel orders arising from them.

Shipments and delivery are governed by our Shipping Policy. Because our products are made to order, return and refund rights are governed by our Returns and Refunds Policy.

Each product page is part of the agreement for that product and provides the material characteristics for the item offered, which may include the print medium, print method, dimensions, orientation, frame or no-frame option, hanging hardware if any, paper/canvas/material, finish, colorway, and whether images are product mockups or room-scene references. Unless a product page states otherwise, our wall-art products have no special technical requirements beyond ordinary indoor display and mounting appropriate for the product type and wall surface.

Product prices are itemized on product pages, in the cart, or at checkout. We do not add fixed mandatory fees that make an advertised product price unattainable, except government-imposed charges such as applicable sales taxes where permitted by law. We will not knowingly charge more than an advertised price where Canadian sale-above-advertised-price rules apply.

Additional customs duties, import taxes, brokerage fees, carrier fees, or similar charges may apply to some shipments. If we know the amount of a required charge before purchase, we will disclose it before you place the order. Charges imposed by governments, customs authorities, carriers, or brokers after shipment may be outside our control and are your responsibility unless applicable law requires otherwise.

Sale prices, comparison prices, reference prices, and discount claims must be genuine and supportable. Promotion terms will be disclosed before purchase and may include eligibility, start and end dates, product exclusions, quantity limits, geographic limits, coupon-stacking rules, free-shipping thresholds, and whether taxes or shipping count toward a threshold. We do not intend to advertise products at bargain prices without reasonable availability or for the purpose of switching customers to a higher-priced substitute.

If you refuse delivery, do not collect a package, provide an incomplete or incorrect address, or decline required customs, import, brokerage, or carrier charges, you remain responsible for any resulting production, shipping, return, reshipment, abandonment, or disposal costs to the extent permitted by law.

We may refuse or cancel orders that cannot legally be fulfilled because of sanctions, export-control rules, import restrictions, payment restrictions, or destination restrictions.

10. Payment Terms

You must be at least 18 years old, or the age of majority where you live, to place an order. You agree to provide current, complete, and accurate billing, shipping, and payment information, and you represent that you are authorized to use the payment method provided.

We must receive payment authorization before production or fulfillment begins. Prices are shown in USD, and applicable taxes, shipping charges, and order totals are shown before you submit payment.

We accept the payment methods shown at checkout, which may include credit cards, debit cards, accelerated checkout wallets, or other methods made available by our payment processor. Your payment method is charged when you submit the order or when payment authorization is completed at checkout.

Payments are processed by Stripe or other payment processors made available at checkout. Payment processing is subject to the processor's applicable terms and privacy notices. Vesper Wild, not Stripe or any payment processor, is the seller responsible for the sale, product descriptions, order fulfillment, delivery, customer support, returns, refunds, and order disputes.

11. Order Accuracy and Made-to-Order Products

Our products are made to order after purchase. You are responsible for reviewing your cart, product format, size, shipping information, and order details before submitting payment.

Because made-to-order items are custom printed for your order, we cannot accept returns or exchanges because the wrong size or format was selected. This does not limit your rights for damaged, defective, incorrect, or significantly misdescribed products under our Returns and Refunds Policy.

You may correct order errors during checkout before submitting payment. Made-to-order products may move into production quickly after payment authorization. Cancellation requests should be sent to support as soon as possible, but we may be unable to cancel an order after production begins. Any cancellation limits in these Terms do not limit your non-waivable rights for delayed shipment, nondelivery, defective goods, damaged goods, wrong items, materially misdescribed goods, or other rights that cannot be waived under applicable law.

12. Shipping and Delivery

Production and delivery timelines are estimates, not guarantees. Carrier delays, failed delivery attempts, incorrect addresses, weather, supply issues, customs processes, labour disruptions, and other events outside our reasonable control may affect delivery timing.

If a package is unclaimed, refused, returned to sender, or cannot be delivered because of inaccurate or incomplete shipping information, contact us so we can review available options. Additional shipping costs may apply where permitted by law.

Production, fulfillment, shipping methods, estimated transit times, shipping charges, and eligible destinations are disclosed in our Shipping Policy, on product pages, in the cart, or at checkout before purchase. Your order will be delivered to the shipping address you provide at checkout and that appears in your order confirmation. If we offer a specific delivery method or carrier and charge for it, that method or carrier will be shown before purchase where required.

We must have a reasonable basis for any stated shipping or delivery estimate. If shipment will be delayed beyond the promised shipping time, or beyond 30 days after a properly completed order when no shipping time was stated, we will notify you and give you the choice to accept the delay or cancel for a refund where required by law. If we cannot ship merchandise you ordered, we will refund the full amount you paid for the unshipped merchandise, including related shipping, handling, insurance, or other costs required to be refunded by law. Refunds for these cancellations will be issued within the timing required by applicable law, generally within 7 working days for most payment methods or within one billing cycle for seller-credit accounts where applicable.

Return, exchange, refund, damaged-item, defective-item, wrong-item, and lost-package claims are governed by our Returns and Refunds Policy, which is incorporated into these Terms. Unless a longer period is required by law or stated in that policy, you must contact support within 30 days after receiving a damaged, defective, misprinted, incorrect, or materially misdescribed item, and within 30 days after the estimated delivery date for a lost-in-transit package. Include your order number, a description of the issue, and clear photos showing the product, packaging, label, damage, defect, misprint, or wrong item where applicable.

Do not send products to Printful or any other address unless support instructs you to do so. We will provide the return address or return process if a physical return is required. We will tell you whether return shipping is required and who pays it before you send anything back. We do not charge restocking fees unless a fee is clearly disclosed before purchase and permitted by law.

Approved refunds are issued to the original payment method unless we agree otherwise or applicable law requires another method. Refund timing depends on the payment method and processor, but we will issue approved refunds within the timing required by applicable law.

Nothing in our made-to-order or no-buyer-remorse-return policy limits your non-waivable rights or remedies for nondelivery, delayed shipment, defective goods, damaged goods, wrong items, materially misdescribed goods, or legally cancellable orders.

13. AI-Assisted Artwork Disclosure

The artwork featured in Vesper Wild products is created with the assistance of AI image generation tools and curated for composition, mood, and fit with the collection. AI-assisted outputs may have general visual similarities to other works, styles, subjects, or compositions.

When you buy from us, you are purchasing the physical print or product described at checkout. Your purchase does not transfer digital files, copyrights, reproduction rights, resale rights, or other intellectual property rights in the artwork or website content.

14. Product Accuracy and Mockups

We try to present products accurately, but colours may vary between screens and physical prints due to device settings, lighting, paper, ink, and production processes. Product images, room scenes, and mockups are provided for reference and may not show exact scale, frame appearance, wall colour, texture, packaging, or final placement.

Product descriptions, prices, availability, and images may contain errors or change over time. We may correct errors and update or cancel affected orders where permitted by law.

Any product-quality, material, durability, archival, fade-resistance, "museum quality," or similar product claim we make must be accurate and supported by the product information available to us. Unless expressly stated in a separate written warranty made available before sale, we do not provide a written product warranty.

15. Reviews, Testimonials, Endorsements, and User Content

We do not prohibit or penalize honest reviews or opinions about our products, services, or conduct, and these Terms are not intended to restrict rights protected by the Consumer Review Fairness Act or similar laws. We may moderate or remove reviews or user content that is unlawful, abusive, private, infringing, irrelevant, fraudulent, spam, or otherwise not appropriate for the website, but we will not use moderation to deceptively suppress negative reviews.

We will not knowingly use fake reviews or testimonials. If we use endorsements, influencer content, affiliate promotions, compensated reviews, free-product reviews, or other marketing content involving a material connection, that connection must be clearly disclosed where required by law.

16. Disclaimers, Liability, and Indemnification

You understand and agree that your use of the website, its content, and any goods, services, information, or items found or obtained through the website is at your own risk. The website, its content, and any goods, services, information, or items found or obtained through the website are provided on an "as is" and "as available" basis, without warranties or conditions of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. This does not affect warranties that cannot be excluded or limited under applicable law.

Except where prohibited by law, the Company and its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors will not be liable for consequential, indirect, incidental, exemplary, special, or punitive damages, including damages for business interruption, loss of use, data, revenue, profit, goodwill, or business opportunity.

Nothing in these Terms limits, excludes, releases, or waives any right or remedy that cannot be limited, excluded, released, or waived under applicable consumer-protection, sale-of-goods, warranty, payment-card, chargeback, delayed-shipment, refund, or other laws.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, including liability for non-waivable statutory consumer rights, fraud, willful misconduct, gross negligence where such liability cannot be limited, or product-liability, personal-injury, or property-damage liability where applicable law does not allow exclusion or limitation.

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company and its affiliates, directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from claims, liabilities, damages, judgments, losses, costs, expenses, or fees arising out of your breach of these Terms of Service or your use of the website.

17. Privacy Policy

Your provision of personal information through the website is governed by our Privacy Policy.

Our Privacy Policy explains how we collect, use, and share personal information for orders, payment processing, fraud prevention, fulfillment by third-party partners, shipping carriers, analytics, marketing, and customer support.

If we send commercial email or other commercial electronic messages, we will do so in accordance with applicable laws, including CAN-SPAM for U.S. recipients and CASL for Canadian recipients where applicable. Marketing messages will identify us as the sender where required and include an unsubscribe or opt-out method. Transactional messages about orders, shipping, delays, issue resolution, refunds, and account or purchase administration are not marketing messages.

We may use third-party print, production, fulfillment, payment, tax, analytics, support, and shipping providers, including print-on-demand fulfillment partners and third-party carriers. These providers help us process and fulfill orders, but Vesper Wild remains the seller responsible to you for the order unless the checkout clearly states otherwise. Printful, Stripe, carriers, and other service providers are not the direct seller of Vesper Wild products to you.

18. Governing Law

The website and these Terms of Service are governed by and construed in accordance with the laws of the Province of Ontario and any applicable federal laws applicable therein, without giving effect to conflict of law principles. Any action or proceeding arising out of or relating to the website or these Terms of Service will be instituted in the courts of the Province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of those courts.

The governing-law and venue terms apply only to the extent permitted by applicable law and do not limit any non-waivable consumer-protection rights, venue rights, forum rights, jurisdiction rights, small-claims rights, or remedies available to you under Ontario law, Canadian federal law, U.S. federal law, or the laws of your state or place of residence.

The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not govern these Terms of Service or the rights and obligations of the parties under them.

19. Severability

If any provision of these Terms of Service is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term, and all other provisions will continue in full force and effect.

20. Entire Terms of Service

These Terms of Service constitute the entire agreement between the parties regarding their subject matter and replace all prior or simultaneous agreements, undertakings, arrangements, understandings, or statements, whether oral or written, regarding that subject matter.

21. Waiver

No failure or delay by either party in exercising any right or power under these Terms of Service will operate as a waiver of that right or power, and no single or partial exercise of any right or power will preclude further exercise of that or any other right.

22. Notice

We may provide notice to you under these Terms of Service by sending a message to the email address you provide to us or by posting to the website. Notices sent by email are effective when sent, and notices posted to the website are effective upon posting. It is your responsibility to keep your email address current.

Contact

Questions about these Terms of Service:
support@vesperwild.com
Vesper Wild
Canada