Acceptance of Terms:
This document outlines the terms that govern your use of the website www.nancykotsstudio.ca and its services. By accessing or using this site, you agree to be bound by these terms of use. If you do not agree with any part of these terms, you may not use the website.

These terms apply to all visitors, users, and others who access or use the site or its services. Your access and use of this site are conditional upon your acceptance and compliance with these terms. You agree to:
- comply with all applicable laws and regulations.
- abide by international copyright laws and refrain from copying content such as artwork, literary works, blogs, or newsletters.
- comply with the policies of our third party service suppliers.
- not use the site’s contact form and email address to stalk, harass, or intimidate others.
- not use the site’s contact form and email address to send spam, junk mail, or any other unsolicited communications. We reserve the right to determine what constitutes unauthorized or unsolicited communications. Any such misuse will result in your messages being blocked from the site.

You represent and warrant that you are over the age of 18.

Your access to and use of the site is also conditional on your acceptance of and compliance with the Privacy Policy of Nancy Kots Studio. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use this site. Please read our Privacy Policy carefully before using this site.

We reserve the right, at our sole discretion, to modify or replace these terms at any time. If a revision is material we will make reasonable effort to provide advance notice prior to any new terms coming into effect. What is considered a material change will be determined at our sole discretion.

By continuing to access or use our site after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the service.

Shopping:

Canadian Shopping Only:
We do not ship outside of Canada. We offer shipping services throughout Canada, excluding the Northwest Territories, Nunavut, and Yukon. Additionally, we only accept payment in Canadian dollars (CAD).

Please note, all orders must be paid in full prior to shipment.

For ALL payment options, we require your first and last name, email address, and billing and shipping addresses in order to create a sales receipt and prepare your artwork for shipping.

Payment Options:

1) Online purchases will be processed through Stripe, which allows you to pay using your credit card.  STRIPE accepts payments from Visa, Mastercard, American Express and Discover Cards. All transactions must be conducted in Canadian dollars (CAD).

2) Alternatively, we do accept Interac e-transfer payments in Canadian dollars (CAD). To make an Interac e-transfer payment please email us at nancyk@nancykotsstudio.ca or through the website’s Contact Form.

Order Fulfillments:
Barring any unforeseen issues, we will ship your order within 10 business days of processing it.

Cancellations/Declines:
In the event we need to cancel or decline your order, we will notify you via the email address you provided. We reserve the right to cancel or decline any order at our sole discretion, for any reason.

If you have already paid for an order that is cancelled or declined, we will process a refund through Stripe to the card you used for the original purchase. If you paid by Interac e-transfer, we will reimburse you via Interac e-transfer to the same email address you used for the original payment.

Information Accuracy:
At Nancy Kots Studio, we strive to maintain accurate and up-to-date information on our website. While we aim to provide a stable and consistent experience, our users should be aware that the specifics of the site may shift over time without prior notification, in order to maintain its reliability and accuracy. There may be occasional typographical errors, inaccuracies, or omissions in product descriptions, pricing, availability, and other details. Nancy Kots Studio reserves the right to make any changes, modifications, or updates to the content, layout, or functionality of the site at any time, without providing any prior notice or warning to our users. This means that the appearance, features, and even the underlying information on the site can be altered or updated at our sole discretion, regardless of when a user may have placed an order or accessed the website.

Artwork Images and Colour Variation:
All artwork images have been color-calibrated to achieve the closest possible colour reproduction of the original paintings. Despite the best efforts however, slight color variations may occur due to differences in your personal display settings and devices. We recommend viewing the artwork image on multiple displays (i.e. computer, phone, tablet). Please note that color discrepancies between the website image and the original painting are not grounds for a return. For more information, refer to our Shipping Policy.

Copyright - Intellectual Property Rights:

Site Content:
The content of this website, including all images and text, are protected by international copyright laws. Unless you have permission from Nancy Kots Studio, you are prohibited from copying, reproducing, publishing, reposting, modifying, transmitting, displaying, distributing, or downloading any of the site's content.

Original Artwork:
All paintings featured on the website are original works by Nancy Kotsalainen, protected under copyright law. As the artist, Nancy Kotsalainen maintains full rights to her paintings, whether sold or commissioned. This grants her sole authority to reproduce her artwork, such as in the form of prints, and to publicly display her original works or reproductions. Customers may not make unauthorized copies or reprints of Nancy Kotsalainen's art for personal or commercial purposes.

User Submissions:
By submitting any content, such as suggestions, comments, or ideas through Nancy Kots Studio's Contact Form or email (nancyk@nancykotsstudio.ca), you agree to grant Nancy Kots Studio full ownership rights over that material.

This applies to any reference images you provide for a commissioned painting - Nancy Kots Studio will retain ownership of those images, regardless of whether or not you purchase the commissioned painting.

Links to Third Party Suppliers:
This website may contain links to third party service providers or services that are not owned or controlled by Nancy Kots Studio. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party websites or services. You acknowledge and agree that Nancy Kots Studio shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any third party websites or services.

We strongly advise that you read the terms and conditions and privacy policies of any third party websites or services that you visit. You agree to assume all risk when you visit any third party service provider’s website.

Privacy Policy:
Before using this site, we encourage you to carefully review our Privacy Policy, which outlines our practices for collecting, using, and disclosing your personal information. You can access the Privacy Policy in the footer section of the website.

Indemnity:
If any materials you post on or through the Nancy Kots Studio website result in a third party claiming that the information or material you provided infringes on their proprietary rights, to the fullest extent allowed by law, you agree to defend, indemnify, and hold Nancy Kots Studio, its directors, officers, employees, agents, successors, and affiliates harmless from any and all related claims, liabilities, damages, costs, and reasonable attorney's fees.

Termination of Use:
Nancy Kots Studio may terminate, suspend or block your access immediately, without prior notice or liability, for any reason whatsoever, including with limitation if you breach these terms of use. Upon termination your right to use the service will cease immediately.

Non-reliance:
The information on this website is for general informational purposes only and should not be relied upon. We are not responsible for any decisions or actions taken by users based on the content of this website. Any suggestions are to be taken at your own risk. Users should seek professional advice before relying on any information provided on this site.

Limitation of Liability:
To the maximum extent permitted by applicable law, in no event shall Nancy Kots Studio or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interpretation, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the website and services therein, third party software and/or third party hardware used with the service, or otherwise in connection with any provision of this terms of use), even if Nancy Kots Studio or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

“AS IS” and “AS AVAILABLE” Disclaimer:
The website is provided to you “as is” and “as available” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Nancy Kots Studio, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. With limitation to the foregoing, Nancy Kots Studio provides no warranty or undertaking, and makes no representation of any kind that the website will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Nancy Kots Studio nor any of the company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the website, or the information, content, and materials or products included therein; (ii) that the website will be uninterrupted or error-free; (iii) as to the accurate, reliability, or currency of any information or content provided through the website; or (iv) that the website, it servers, the content, or e-mails sent from or on behalf of Nancy Kots Studio are free of viruses, scripts, trojan horses, worms, malware, timebombs and other harmful components.

Governing Law:
The laws of the Province of Ontario and the federal laws of Canada, excluding its conflicts of law rules, shall govern this terms of use and your use of this website and services. Your use of the website may also be subject to other municipal, provincial, federal, or international laws.

Waiver:
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these terms of use shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Severability:
If any provision of these terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining terms of use will continue in full force and effect.

Nancy Kots Studio
nancyk@nancykotsstudio.ca