TERMS & CONDITIONS

Nicolin & Gublin® (9070-6862 Québec inc.) operates the www.nicolingublin.com website (the “Site”). The URL address for the Site is: http: //www.nicolingublin.com. The mailing address for the Site is: Atelier Galerie Nicolin & Gublin, 333 Place d'Youville, Montreal (QC) H2Y 2B5, Canada.

The Terms & Conditions that appear below (including the Internet Safety section of the Site) constitute a contract between you and Nicolin & Gublin®, and govern the use of the Site. Nicolin & Gublin® reserves the right to modify these terms & conditions at any time, without prior notice. Any such changes will be reflected on the Terms & Conditions section of the Site.

By using the Site, you acknowledge having read and understood these Terms & Conditions: moreover, your use of the Site confirms your unconditional acceptance of the Terms & Conditions listed hereunder. In the event that you do not wish to be bound by these Terms and Conditions, you may not use the Site, nor may you order products through the Site.

TERMS OF USE

Location
Nicolin & Gublin® operates the Site from its offices located in Canada. Any claim related to the Site and the elements it contains, or arising from the use of the Site, is governed by the applicable laws in the territory of the Province of Quebec.

Copyrights &Trademarks
All content, graphics, code and software used on or incorporated into the Site, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to Nicolin & Gublin®, and all rights thereto are specifically reserved.

It is strictly forbidden to download, display, publish, transmit, reproduce or distribute, by any means whatsoever, any information or other elements obtained through the Site. Such information or elements are protected by copyright and may not be used without prior written authorization from Nicolin & Gublin®. This includes, but is not limited to, electronic copies or printing of hard copies of images from the Site, even for personal (non-commercial) purposes. Permission is granted to print hard copies of text pages from the Site, solely for personal (non-commercial) purposes related to the placement of an order or shopping with www.nicolingublin.com, and any such copies must bear the copyright notice included on each web page. Any other use of the Site or content or information contained in the Site is strictly prohibited, unless prior written permission is given by Nicolin & Gublin®. If unlawful copying should occur, our legal department is authorized to take action as soon as it is detected.

The Site and Nicolin & Gublin®, as well as page headers, custom graphics, buttons, images and other content on the Site, are subject to trademarks, service mark, trade dress, copyrights and/or other proprietary or intellectual property rights or licenses held by Nicolin & Gublin®. Other trademarks, product names and company names or logos used on the Site are the property of their respective owners. Without the prior written permission of the trademark / product name / company name / logo owner, the use or misuse of any trademarks, trade names, logos, images, graphics or content from the Site is strictly prohibited.

Internet Safety
The terms & conditions included in the INTERNET SAFETY section are part of the whole Terms & conditions governing the use of the Site. Please refer to the INTERNET SAFETY section for the detail of these provisions.

Limitation of Liability
The Site, and any information or content on the Site, are provided on an “as is” basis, without representations or warranties of any kind, whether express or implied, with respect to the Site or content or information available on or through the Site. Nicolin & Gublin® makes no representation with regard to the use, downloading, validity, accuracy or reliability of the elements reproduced on the Site, or with regard to the results obtained from the use of such elements. Except as otherwise provided under applicable laws, neither Nicolin & Gublin® nor its corporate affiliates, nor the directors, officers, employees, agents, contractors, successors or assigns of each, shall be held responsible, under any circumstances, for any damages whatsoever arising out of or related to the use of the Site or any other website linked to the Site. This limitation of liability includes, but is not limited to, direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if Nicolin & Gublin® is notified in advance of the potential for any such damages.

While Nicolin & Gublin® does everything possible to ensure that the Site contains no errors, it may contain typographical errors or inaccuracies and may not be complete or current. Nicolin & Gublin® declines all responsibility with regard to any errors that may be found on the Site. Moreover Nicolin & Gublin® reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability. We apologize for any inconvenience.
Please note that certain products may be slightly different than the illustration appearing on the Site.

General
Nicolin & Gublin®’s failure to insist on the strict application of a particular clause of these terms & conditions, which constitute a contract between you and Nicolin & Gublin®, or its failure to require compliance therewith shall not be interpreted as a renunciation to the application of a particular clause or the exercise of a particular right. In the event that a competent court shall judge a provision contained herein to be null or invalid or not enforceable, such judgement shall have no impact on the other provisions of the present contract.

GENERAL CONDITIONS OF SALE

Order Acceptance
The receipt by e-mail of an order confirmation does not constitute acceptance, by Nicolin & Gublin®, of such an order or the confirmation of an offer to sell. Nicolin & Gublin® reserves the right, without any prior notification, to refuse service to any customer and/or limit the quantity ordered of any items. Moreover, verification of personal or credit card information may be required at any time by Nicolin & Gublin® prior to the acceptance of any order.

Placing an order
Simply click on the button and select the artwork you want to order in the column. Then, close the window using the “close” option: your choice has been recorded. When you have finished your selection, choose “View Cart”, on the top of your screen: the easy-to-follow instructions will guide you through the transaction process in order to register. For more details about the Shipping section of registration, please refer to “Shipping options and Delivery times” below. At the end of the order transaction, you will see an “Order Confirmation”. Please print this page from your browser as a receipt for your transaction. After that page, you are transferred to a secure connection that will collect your credit card information.
Please note that by making a purchase from the Site, you automatically agree to accept the general conditions of sale contained within its Terms & Conditions section.

Price
The price payable for each product ordered is the one appearing on the Site for that product at the time you purchase. Shipping and handling charges, as well as applicable sales taxes are not included (refer to Shipping Options and Sales Taxes sections below). Nicolin & Gublin® reserves the right to modify the prices of products offered on the Site at any time, without prior notice. All prices are quoted in CAD dollars. Prices of the products offered on the Site may differ from the prices offered for the same products in Nicolin & Gublin® physical places of business.

The minimum order on our website is of $CAD 10.

Shipping options & Delivery times
When you register, you have to indicate first your billing information, then your shipping information. If the shipping information is the same as the billing information, simply click where indicated. Moreover, in providing the appropriate information, you can order a product and have it shipped to someone else.

There are two shipping options available online:“ground” or “express”. You can choose your shipping option in Step 3 of the transaction process. When you select one of the shipping options, you can directly see the corresponding shipping costs. Both ground and express shipments are sent using Canada Post:

• Ground shipments
  Please allow approximately 8 working days for Canada, 15 working days for the USA and 5 to 6 weeks for all other destinations;
• Express shipments
  Please allow approximately 3 working days for Canada, 6 working days for the USA and 1,5 to 2 weeks for all other destinations;

Express Carrier (JetWorldwide or UPS) is also available: please contact us for a quotation and delivery time. Our office business hours are from 10:00 am to 6:00 pm ET, 7 days a week.
Delivery of your order shall be subject to the rules of the delivery company designated by Nicolin & Gublin®. If you are absent at the time of delivery to your address, it shall be your responsibility to collect the products according to the rules set out by the delivery company. Nicolin & Gublin® , through the delivery company, will deliver the products to the shipping address you indicated in your order.

Delivery of your order will be made by Nicolin & Gublin®, through the delivery company, within a reasonable time after Nicolin & Gublin®’s acceptance of your order. The times may vary according to the availability of the products: for example, some products, such as our giclées, are created individually for you, at the time of order. Moreover at peak times there may be a short delay in processing your order. In this case, we will notify you immediately.

Orders placed on weekends or holidays will be processed on the following working day. Orders will not be shipped on weekends and holidays. No delivery shall be made to a P.O. Box address. We deliver anywhere in the world.

Payment options & Invoicing
Payment by credit card is the only form of payment that will be accepted for purchases made through the Site: we accept Visa and MasterCard. Cheques or money orders are not accepted. Please note that when you place an order through the Site, you shall receive by e-mail, shortly thereafter, confirmation from Nicolin & Gublin®. Such confirmation shall constitute your invoice.

Customer’s payment shall be complete and accepted prior to the delivery of the products.

Regarding security and safety of transactions, please refer to INTERNET SAFETY.

Return Policy
With the exception of specific situations (see below), all sales are firm and final.

In the event that your order is damaged in transit, we will provide a replacement and reimbursement of the return delivery cost. Any damage to the exterior packaging or to the items inside must therefore be signaled to the delivery person immediately upon receipt of the goods, not later. Please make a note of any damage on the Canada Post or Express carrier Delivery Confirmation Form before signing for receipt of the delivery.To process the replacement and reimbursement we need proof of the damage for insurance purposes and a receipt for the return delivery cost. Prior to returning any products to us, please contact us to obtain a RA (Return Authorization) number. RA will only be given for some exceptional situations. We request that you return your damaged package to us using your local postal service (no Express Carrier). Please ensure that all goods are packaged securely and covered by insurance during transit. The product returned shall be accompanied by the authorization number described above.

If your item is lost during shipment, we will replace it for you at no extra charge. For insurance purposes, we need to wait until the maximum delivery time has expired.

In either of the above cases, please contact us immediately. Credits for the return delivery costs will be made within six weeks of receipt and verification of the merchandise. Credits will be made to the credit card used for the purchase. Once we have received and checked the damaged item, the normal delivery times and availability will apply to the shipment of the items replaced.

Please return the item to:

Nicolin & Gublin
333 Place d'Youville
Montreal, (QC) H2Y 2B5, Canada

Sales Taxes (Canada and the USA)
For orders shipped to provinces of Quebec, Nova Scotia, Newfoundland and New Brunswick, applicable federal and provincial, or harmonised sales taxes will be calculated. For other Canadian provinces or territories, only federal sales tax will apply.
There is no sales tax applicable to orders shipped to the USA.

Customs Charges (International)
Nicolin & Gublin® does not charge any customs duties on international shipments. If any additional customs charges are incurred during shipment, they are not our responsibility. We recommend that you check with your local customs officials or your local post office for further information.

Liability
In the event that Nicolin & Gublin® is found to be liable toward you, such liability shall be limited to an amount of money equivalent to the price you paid for the products returned. Notwithstanding the preceding, nothing in this section shall be construed as limiting any right you may have as a consumer with respect to one or other of the public policy statutes that may apply to you.

Nicolin & Gublin® shall not be responsible for not executing any of its obligations, in whole or in part, towards you, nor for damages or losses you may suffer or that may incur, in the event that the non execution is a result of a superior force or circumstances beyond Nicolin & Gublin®’s control.

We wish you a very pleasant journey through our website and we thank you for your order !