Terms and conditions
These terms and conditions (the “Terms and Conditions”) govern the use of www.missphoton.com (the “Site”). This Site is owned and operated by Missphoton. This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Intellectual Property
All content and intellectual property published, including copyrights and trademarks, and made available on our Site is the property of Missphoton. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
- Harass or mistreat other users of our Site;
- Violate the intellectual property rights of the Site owners or any third party to the Site;
- Hack into the account of another user of the Site;
- Act in any way that could be considered fraudulent; or
- Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site.
Accounts
When you create an account on our Site, you agree to the following:
- You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
- All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Goods
These Terms and Conditions govern sale of goods available on our Site.
The following goods are available on our Site:
- Fine Art Prints of digital illustrations and photography, created by Missphoton.
These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all the goods we provide. You agree to purchase goods from our Site at your own risk.
All goods are printed to order. Colours may vary slightly from those shown on screen due to differences in monitor settings and print processes.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt and refund.
For more information, read our Return and Refund Policy.
Payments
We accept the following payment methods on our Site:
- Credit Cards;
- Debit Cards;
- Apple Pay;
- Google Pay; and
- Paypal
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment instrument has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through:
- UPS, usually within 7 business days.
Delivery takes place as soon as reasonably possible. Delivery time may vary due to unforeseen circumstances and the volume of orders during busy periods. Please note that times do not include weekends and statutory holidays.
We are not responsible for delays caused by UPS once the item has been dispatched.
We currently only ship within Canada.
The delivery fees of the goods you purchase on our Site is included in the price displayed.
For orders outside Canada, please contact us at christine@missphoton.com.
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 or our goods to the wrong address or person as a result of you providing us with inaccurate or incomplete information.
For more information, read our Return and Refund Policy.
Consumer Protection Law
Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
Missphoton and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Missphoton and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the Province of Ontario.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Missphoton are unable to resolve any dispute through informal discussions, then you and Missphoton agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both you and Missphoton.
Notwithstanding any other provision in these Terms and Conditions, you and Missphoton agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns.
You can also contact us through the contact form available on our Site.
Date of last update
January 3, 2026