Welcome to Avalie Luxury Art and Decor! By accessing or using our website, you agree to comply with and be bound by these Terms and Conditions. Please read them carefully before using our services or making a purchase.
1. Custom Artwork Agreement
All paintings created by Avalie are custom-made, hand-painted, and tailored to the specific requirements of each client. Due to the nature of hand-painted artwork, minor variations in color, brushwork, and detail are natural and celebrated as part of the uniqueness of each piece.
By commissioning a painting, you acknowledge that each work is an interpretation, not a machine-perfect reproduction.
2. Order Confirmation and Approval Process
After your order is placed, our artists will begin crafting your custom piece based on the photo and instructions you provide. Once completed, a digital preview of your painting will be emailed to you for approval.
You must approve or request adjustments within 7 days of receiving the preview. If we do not receive a response within this period, the artwork will be considered approved and automatically shipped to the address provided at checkout.
Changes cannot be made once the artwork has been approved and dispatched.
3. Returns, Cancellations, and Refunds
All Avalie paintings are final sale and non-refundable once approved and shipped. Due to the personalized, made-to-order nature of each commission, cancellations, returns, and exchanges are not accepted.
Exceptions:
If your order arrives damaged, we will replace the artwork free of charge. Please notify us within 7 days of delivery, providing clear photographs of:
- damaged painting
- external packaging
Once verified, a replacement painting will be created and shipped to you. For full details, please refer to our Return Policy
4. Shipping and Handling
Complimentary standard shipping is included on all stretched & framed canvas orders.
Avalie is not responsible for delays caused by carriers, customs, weather, or other circumstances beyond our control.
5. Intellectual Property
All artwork created through Avalie remains the intellectual property of Avalie and/or the commissioned artist unless otherwise agreed in writing. You may not reproduce, distribute, or resell the artwork without explicit permission.
6. Product Descriptions
We strive for accuracy in describing our products. However, due to the handcrafted nature of each painting, minor variations in appearance may occur and are considered a hallmark of original, hand-painted artwork.
7. Privacy Policy
We value your privacy. Personal information collected during the order process is used solely to fulfill your order and communicate with you regarding your purchase. For full details, please refer to our Privacy Policy.
8. Arbitration and Class Action Waiver Agreement
1. Arbitration Procedures
Claims shall be heard by a single arbitrator. Arbitrations shall be held in Alberta, Canada, but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Arbitration Act of Alberta and the internal laws of Alberta, without regard to conflict of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator.
If, but only if, the arbitrator determines that the Alberta Arbitration Act does not apply, the applicable arbitration laws of the Province of Ontario shall govern. All disputes regarding whether these mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void, or voidable shall be determined exclusively by an arbitrator, and not by any court.
2. Exclusion from Arbitration
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not through arbitration if you opt out of these arbitration procedures within 30 days from the date you first purchase any of Avalie’s products or services (the “Opt-Out Deadline”).
To opt out, you must mail a written notification to:
Avalie Fine Arts
10060 Jasper Ave, Tower 1, Unit 2020,
Edmonton, AB T5J 3R8
Your decision to opt out will not affect your relationship with Avalie. You are responsible for ensuring that Avalie receives your opt-out notice. For your records, we recommend using a trackable mailing method.
Any opt-out request received after the Opt-Out Deadline will not be valid, and you must resolve any Claim through arbitration.
3. Class Action Waiver
You and Avalie agree that any Claims must be brought in your respective individual capacities, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
Unless both you and Avalie agree otherwise in writing, the arbitrator may not consolidate the claims of multiple parties or preside over any form of class, consolidated, or representative proceeding.
Notwithstanding any other clause in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
9. Changes to Terms
Avalie reserves the right to modify these Terms and Conditions at any time. Changes will become effective immediately upon posting to the website.
By using our website and placing an order, you agree to comply with these Terms and Conditions. Thank you for choosing Avalie Luxury Art and Decor for your custom artwork needs.