Terms & Conditions
Use of this website
All content published and made available on this site is the intellectual property of Hélène Mc Nicoll and its creators. This includes images, texts, logos, documents, downloadable files and everything that contributes to the composition of this site without limitation.
Hélène Mc Nicoll is not liable for any problems arising from the improper use of this site.
As a user, you hereby indemnify Hélène Mc Nicoll from and against any and all liability, costs, causes of action, damages or expenses arising out of your use of this site or your breach of any of the provisions set forth herein.
Copyright
The ARTIST retains all copyright, including the right to exhibit the ARTWORK publicly, the right to reproduce the ARTWORK in any form and by any process, and the right to communicate the ARTWORK publicly in non-material form, in all countries and for the duration of the copyright.
Notwithstanding the foregoing, the PURCHASER may reproduce the ARTWORK for personal archival or insurance purposes only. Any other use requires the authorization of the ARTIST and may be considered plagiarism.
Sales of goods and services
When you purchase an ARTWORK, a specific contract will be sent to you. It will contain the complete conditions of sale. The conditions set out in the ‘general conditions’ section of this website are for information only.
The goods linked to this document are those displayed on our site at the time you access it. Any information, descriptions or images we provide about our properties are described and presented as accurately as possible. However, we are not legally bound by such information, descriptions or images as we cannot guarantee that the information on every product or service we provide is accurately up to date.
Sales contract and certificate of authenticity
A sales contract will be signed between the ARTIST and the PURCHASER. This contract will serve as the legal agreement between the two parties.
Upon receipt of payment for an original ARTWORK you have purchased, the ARTIST undertakes to provide you with a certificate of authenticity. The certificate of authenticity guarantees that the work is an original by the ARTIST and not a reproduction.
Conditions of conservation
As soon as the BUYER is in possession of the ARTWORK, the BUYER is responsible for its conservation as well as for the costs of conserving the ARTWORK, the BUYER declaring that he has received the ARTWORK in good condition and acknowledges that he does not have the right to modify it in whole or in part.
Payments
We accept the following payment methods: bank transfer, Interac transfer. If we feel that your payment has violated a law or one of our terms of use, we reserve the right to cancel your transaction.
Transport and delivery
The BUYER is responsible for the cost of packing and shipping the ARTWORK.
When you make a purchase, you agree to provide a valid e-mail address and a shipping address for the order. We reserve the right to modify, reject or cancel your order whenever necessary. If we cancel your order and have already processed your payment, we will give you a refund equivalent to the amount you paid. You agree that it is your responsibility to monitor your payment method. While we aim to provide you with an accurate estimate of shipping times and costs, these may vary due to unforeseen circumstances.
Your ARTWORK will be shipped by Canada Post. A tracking number will be emailed to you so you can follow the progress of your package.
Orders are subject to taxes in the country of delivery. Orders that pass through customs are subject to import duties, taxes of the country of delivery and customs administration fees. The PURCHASER is responsible for payment of these additional charges, duties and taxes.
After receiving the ARTWORK at home in perfect condition, the BUYER is responsible for the good and undertakes to take care of it. Hélène Mc Nicoll declines all responsibility after proper delivery of the ARTWORK if it is damaged by breakage, fire, theft, vandalism, etc. Hélène Mc Nicoll accepts no liability for any damage to the ARTWORK.
Refunds
We accept requests for refunds if the ARTWORK is broken in transit by Canada Post.
Requests for refunds may be made within 7 days of receipt of the ARTWORK. The ARTWORK must be returned to the ARTIST.
Returns
Returns may be made to the following address if you purchased the ARTWORK directly from the artist: Hélène Mc Nicoll, 391 Pichette Château-Richer, PQ, Canada G0A 1N0. The ARTWORK must be in its original packaging.
Applicable laws
This document is subject to the applicable laws of Canada and is intended to comply with its necessary rules and regulations.
Severability
If at any time any of the provisions set forth in this document are held to be inconsistent with or invalid under applicable law, such provisions shall be deemed null and void and shall be removed from this document. All other provisions shall remain unaffected by such laws and the remainder of this document shall continue to be considered valid.
Changes
These terms and conditions may be amended from time to time 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 web site.
We recommend that our users check these terms and conditions from time to time to ensure that they are aware of any updates. If necessary, we will notify users by e-mail of changes to these terms and conditions or post a notice on our website.
Contact
Please contact us if you have any questions or concerns:
(418) 824-3122 info@helenemcnicoll.ca
391 Pichette, Château-Richer (Québec) Canada G0A 1N0
Law and judicial district
Sales contracts are governed by the laws of Quebec. The parties elect domicile in the judicial district of the province of Quebec.
Tax deductions
The purchase of Canadian artworks of art offers the possibility of claiming a tax deduction in certain circumstances.
A taxpayer (certain individuals, partnerships, corporations or trusts) who acquires an eligible artwork of art may, in certain circumstances, claim an annual capital cost allowance equal to 20% of the amount paid at the federal level and 33 1/3% in Quebec.
In the future, a taxpayer who sells an eligible work of art will, if it has appreciated in value, be taxed on the taxable capital gain and, if applicable, add to his or her business income the recapture of capital cost allowance claimed over the years. Finally, it is possible to donate works of art to charitable organizations and obtain charitable donation credits. Ask a tax specialist for more information.
