Legal and Policy Center

These CondoHQ Galleries Buyer Terms (the "Buyer Terms") are Supplemental Terms under the CondoHQ Terms of Service (the "Terms of Service") and apply to each person who browses, reserves, or purchases a Work through CondoHQ Galleries ("Galleries").

By accepting these Buyer Terms, starting checkout, authorizing payment, or completing a purchase through Galleries, the Buyer agrees to be bound by these Buyer Terms, the Terms of Service, the Privacy Policy, the Cookie Policy, and the Acceptable Use Policy.

Capitalized terms not defined in these Buyer Terms have the meanings given in the Terms of Service. "Including" means "including without limitation." Headings do not affect interpretation. The Buyer had a reasonable opportunity to review the Listing and these Buyer Terms before authorizing payment.

If there is a conflict relating specifically to a Galleries purchase, these Buyer Terms control under Terms of Service Section 36(c) as between the Buyer and CondoHQ. In all other respects the Terms of Service control.

Nothing in these Buyer Terms limits a non-waivable right or remedy available to an individual consumer Buyer under applicable law, including Ontario consumer-protection law. That sentence does not expand the Buyer's rights against CondoHQ beyond what applicable law requires.

CondoHQ Inc. ("CondoHQ") operates Galleries as part of the Services.

The "Buyer" is the signed-in resident or other person CondoHQ permits to purchase through Galleries, identified on the Order.

The "Store" is the individual artist or dealer gallery that listed the Work. The Store, not CondoHQ, is the seller and merchant of record.

The Buyer represents that the Buyer is at least 18 years of age, has legal capacity, and is authorized to use the selected payment method.

For these Buyer Terms:

Galleries is a gated marketplace and technology platform. CondoHQ is a marketplace facilitator only.

The Store, not CondoHQ, is the seller and merchant of record for every Work. The contract of sale for the Work is between the Buyer and the Store.

CondoHQ does not authenticate, appraise, insure, consign, warehouse, ship, or take title to any Work. CondoHQ's publication of a Store or Listing is not an opinion of authenticity, value, title, condition, or legality, and is not legal, tax, investment, or art-market advice.

CondoHQ is not a party to the sale between the Store and the Buyer, except as a facilitator that may collect amounts, retain its own fee from the Store, and administer checkout, records, and related processes.

No Listing, purchase, or delivery creates a partnership, joint venture, agency, employment, consignment, fiduciary, or brokerage relationship between CondoHQ and the Buyer or the Store.

A condominium corporation, property manager, concierge, or building staff is not a party to the sale and is not responsible for the Work.

A Work may be reserved at checkout. The reservation is not a sale. The sale completes only when payment is received.

An unpaid reservation expires. CondoHQ may cancel an unpaid checkout or refuse an Order that CondoHQ reasonably believes contains a pricing, tax, inventory, or technical error. The Buyer has no claim against CondoHQ for that cancellation or refusal, except a return of amounts actually paid to CondoHQ or the Payment Processor for that cancelled checkout, if any.

The Buyer pays the Work Price, Shipping, and any Tax shown at checkout. Amounts are in Canadian dollars unless checkout shows another currency. Currency conversion, if any, is determined by the Payment Processor or the applicable payment method. The Buyer bears conversion risk.

Payment is processed by the Payment Processor to the Store's payout account. The Buyer authorizes that charge. CondoHQ does not guarantee Payment Processor availability or that a particular payment method will be accepted.

A displayed price or Listing may change until the Order is paid. Once paid, the Work Price and Shipping for that Order are as shown on the paid checkout record.

CondoHQ may refuse or cancel a checkout, or cancel a paid Order, if CondoHQ reasonably believes the Order involves fraud, sanctions, abuse, a pricing or technical error, or other legal risk. If amounts were collected, they are returned through the Payment Processor or the Store as applicable. That return is not damages and is not an admission of liability.

The Buyer is responsible for any duty, levy, or similar charge not collected at checkout. CondoHQ does not warrant that Tax shown at checkout is complete.

The Store ships the Work. Destination is the Buyer's suite or building parcel desk as selected at checkout, subject to building and crate limits. The Buyer is responsible for providing access, complying with building delivery rules, and any damage to the suite or common elements arising from receipt, unpacking, or movement of the Work.

Delivery times and dispatch windows are estimates provided by the Store. CondoHQ does not warrant a delivery date.

Delivery to a building parcel desk, concierge, locker, or other building facility is delivery to the stated destination. The Buyer is responsible for collecting the parcel under building rules. Failure of the Buyer or building staff to be present does not make CondoHQ, the corporation, or the property manager responsible for the Work.

CondoHQ is not a bailee, warehouseman, or carrier and does not store Works.

As between the Buyer and the Store, risk of loss passes to the Buyer upon confirmed delivery to the stated destination, except where applicable law requires a different allocation, in which case that law controls as to the Buyer.

As between the Buyer and CondoHQ, the Buyer has no claim against CondoHQ for loss, delay, damage, or destruction of a Work, in transit or after delivery, or for injury or property damage arising from a Work or its packing, shipment, delivery, unpacking, installation, or display, except to the extent a non-waivable law requires otherwise. CondoHQ does not require any party to maintain insurance and has no duty to verify any policy.

The Store funds refunds, replacements, and chargebacks arising from the Order. CondoHQ may administer the process. CondoHQ does not fund them, except where applicable law expressly requires CondoHQ to do so.

CondoHQ may publish the then-current inspection and return process in Galleries. That process, including any administrative reporting window, does not limit a non-waivable consumer right. A later claim required by applicable law is still accepted and processed.

The Buyer must cooperate with a claim, including providing photographs and other evidence of description, condition, delivery, and damage when reasonably requested.

A Store return policy cannot reduce a non-waivable consumer right. It also cannot make CondoHQ the seller or require CondoHQ to fund a refund.

Except where a non-waivable law requires otherwise, a change of mind is not a ground for a refund from CondoHQ, and is not a claim against a Protected Party.

Statements about title, creator, year, medium, dimensions, edition, condition, provenance, and authenticity are the Store's statements, not CondoHQ's.

The Buyer acknowledges that artworks are unique, that colour and scale may differ from images, that condition may include age-appropriate wear as disclosed, and that value may go down as well as up. A purchase is not an investment recommendation.

Claims that a Work is not as described, not authentic, damaged, or not delivered are claims against the Store, except where applicable law makes CondoHQ responsible.

The Buyer has not relied on any representation, estimate, or promise by CondoHQ regarding authenticity, title, value, condition, or any other fact about a Work, except where expressly stated in a written agreement accepted by CondoHQ.

The Buyer should first use the Galleries claim process for a delivery, damage, or description issue.

A payment-method dispute or chargeback is between the Buyer, the payment-method issuer, the Payment Processor, and the Store. CondoHQ may share Order, Listing, and delivery records with those persons. CondoHQ has no duty to defend the Store or the Buyer in that dispute.

The Buyer must not initiate a chargeback or payment dispute to avoid these Buyer Terms, to obtain a double recovery after a refund, or for a change of mind that applicable law does not require. CondoHQ may suspend Galleries purchasing if it reasonably believes the Buyer has done so.

The Buyer must not manipulate search, inventory, prices, reviews, or checkout, interfere with platform security, or reserve a Work without a genuine intent to pay.

The Buyer must not use Galleries to harass a Store, a creator, another resident, or building staff.

CondoHQ may share the Buyer's name, suite or delivery destination, and contact information with the Store as needed to fulfil the Order, handle a return or dispute, or comply with law.

The Store may use that information only for those purposes under the CondoHQ Galleries Seller Terms. Use of personal information by CondoHQ is also described in the Privacy Policy.

CondoHQ may, at any time and without liability to the Buyer except where applicable law requires otherwise:

• refuse, delay, unpublish, or remove a Listing;
• refuse checkout;
• cancel an unpaid reservation;
• cancel a paid Order in the circumstances stated in Section 5;
• contact the Buyer, the Store, or building staff about an Order, safety, fraud, or legal issue; and
• preserve and disclose records as required by law or these Buyer Terms.

CondoHQ has no obligation to monitor, investigate, or verify Stores, Works, Listings, or Store conduct.

To the maximum extent permitted by applicable law, Galleries is provided on an "as is" and "as available" basis.

CondoHQ does not warrant that Galleries will be uninterrupted, error-free, or free from delays, outages, defects, security events, or third-party service failures, including the Payment Processor.

CondoHQ is not responsible for Works, Listings, Store personnel, the Store's compliance with applicable law, sales results, authenticity, title, condition, or acts or omissions of Third-Party Services, except to the extent a non-waivable law requires otherwise. To the maximum extent permitted by applicable law, CondoHQ has no liability for loss, damage, delay, or destruction of a Work, or for injury or property damage arising from a Work or its packing, shipment, delivery, unpacking, installation, or display.

The warranty disclaimers in the Terms of Service apply fully to Galleries, subject to the consumer-rights sentence in Section 1.

The limitations and exclusions of liability in the Terms of Service apply fully to Galleries, subject to the consumer-rights sentence in Section 1.

Without limiting those provisions, and to the maximum extent permitted by applicable law, CondoHQ's aggregate liability arising specifically out of or relating to the Buyer's use of Galleries or an Order shall not exceed CAD $500.

That cap is a limit on CondoHQ's damages. It does not make CondoHQ the seller, and it does not require CondoHQ to refund the Work Price. Recovery of a Store-funded refund, or a return of amounts actually collected for a cancelled checkout, is not damages under this Section and is not an admission of liability.

This Section does not increase any liability otherwise excluded, disclaimed, or limited under the Terms of Service. Nothing in these Buyer Terms expands CondoHQ's liability under the Terms of Service.

To the maximum extent permitted by applicable law, CondoHQ is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost value of a Work, lost data, reputational harm, or cost of substitute services, even if advised of the possibility, and even if a remedy fails of its essential purpose.

To the maximum extent permitted by applicable law, the Buyer RELEASES AND WAIVES ALL CLAIMS against the Protected Parties for authenticity, title, valuation, Store conduct, Payment Processor outcomes, shipment, loss, damage, delay, or destruction of a Work, injury or property damage arising from a Work or its packing, shipment, delivery, unpacking, installation, or display, and any matter for which the Store is the merchant of record, including if a Protected Party was negligent, except to the extent a release is prohibited by applicable law.

To the maximum extent permitted by applicable law, the Buyer will defend, indemnify, and hold harmless CondoHQ and the Protected Parties from and against any claim, demand, loss, liability, damage, cost, and expense (including reasonable legal fees) arising out of or relating to:

• the Buyer's breach of these Buyer Terms;
• misuse of Galleries;
• fraud, a chargeback, or a payment dispute initiated in breach of these Buyer Terms;
• misuse of Store or building delivery arrangements;
• failure to provide access or to comply with building delivery rules;
• damage to a suite or common elements arising from receipt, unpacking, or movement of a Work; or
• injury or property damage arising from a Work after the Buyer takes delivery, including unpacking, installation, or display.

This indemnification applies whether or not any party maintained insurance, and except to the extent caused by CondoHQ's wilful misconduct.

CondoHQ may modify Galleries functionality and these Buyer Terms in accordance with the amendment provisions of the Terms of Service.

CondoHQ may require affirmative acceptance of a material update before the Buyer continues to complete purchases.

These Buyer Terms are governed by the laws of Ontario, Canada, and the dispute-resolution provisions of the Terms of Service, including arbitration seated in Toronto, Ontario under the Arbitration Rules of the ADR Institute of Canada, Inc. where those provisions apply.

Nothing in these Buyer Terms limits a non-waivable right or remedy available to an individual consumer Buyer under applicable law. Any arbitration requirement, class-action waiver, jury-trial waiver, limitation period, or other procedural limitation applies only to the maximum extent permitted by applicable law.

To the maximum extent permitted by applicable law, any claim by the Buyer against a Protected Party arising out of Galleries must be filed within one year after the claim accrued, or it is permanently barred. This Section does not shorten a non-waivable limitation period.

CondoHQ may give notices to the Buyer through Galleries, the email on the Buyer account, or any address the Buyer provided.

These Buyer Terms are in English. The Buyer confirms it had a reasonable opportunity to review them and to obtain independent legal advice, and that it accepts them voluntarily.

Except for Protected Parties under the indemnification and limitation provisions, no Store, represented artist, Customer, condominium corporation, property manager, or other third party is a beneficiary of these Buyer Terms or may enforce them against CondoHQ.

CondoHQ's records relating to Listings, reservations, Orders, payments, refunds, chargebacks, and account activity are authoritative absent manifest error.

The Buyer agrees that electronic acceptance, clickwrap, timestamps, IP addresses, device information, and other technical records may be used as evidence of the applicable acceptance, Order, or instruction, in accordance with the Terms of Service and applicable law.

The Buyer may not assign these Buyer Terms without CondoHQ's prior written consent. Any attempted assignment in violation of this Section is void to the extent permitted by applicable law. CondoHQ may assign these Buyer Terms in accordance with the Terms of Service.

If any provision is held invalid, it will be severed only to the minimum extent necessary. The remaining provisions continue in full force.

A failure or delay by CondoHQ in exercising a right is not a waiver. A waiver is effective only if expressly made in writing by CondoHQ and applies only to the specific circumstance for which it is given.

Sections concerning money, claims, risk of loss, indemnification, disclaimers, limitation of liability, release, records, claim period, and this survival clause survive completion or cancellation of an Order.

These Buyer Terms, together with the Terms of Service and the paid checkout record for the Order, constitute the agreement governing the Buyer's purchase through Galleries as between the Buyer and CondoHQ.

The Store's Listing and the paid checkout record form the sale between the Buyer and the Store. No oral statement, presentation, estimate, or other communication modifies these Buyer Terms unless expressly agreed in writing by CondoHQ.

The Buyer agrees that electronic acceptance of these Buyer Terms is valid and binding.

CondoHQ may maintain electronic records of the accepting user, date and time of acceptance, the version accepted, the document hash, account and technical information associated with acceptance, and the Order.

Such records may be used as evidence in accordance with the Terms of Service and applicable law.