Terms & Conditions
This website is owned and operated by Nina McCoy Art Enterprises LLC. Throughout the site, the terms “we”, “us” and “our” refer to Nina McCoy Art Enterprises LLC. These terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors fine art prints. By accessing or using the website or our service, you approve that you have read, understood, and agree to be bound by these Terms. Nina McCoy Art Enterprises LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
​
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
​
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
​
Our store is hosted on WIX payments. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
​
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
​
You agree not to reproduce, duplicate or copy any print(s) for the purpose of selling or reselling said print(s) or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
​
MODIFICATIONS TO THE SERVICE
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
​
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We have no obligation to update any information on our site. We reserve the right to modify the contents of this site at any time at our sole discretion. Therefore, you should review these pages periodically. You agree that it is your responsibility to monitor changes to our site. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the terms, do not use or access or continue to access the website or the service
​
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least 18 years of age, or of the legal age of majority in your jurisdiction, state or place of residence and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the checkout payment process.
The prices we charge for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
These terms and conditions apply to the purchase of all forms of print, "print," across all editions - including "open edition," and "limited edition" regardless of payment amount.
​
Our prints are created using the finest giclée printing technology. They are archival museum-quality reproductions of fine art paintings created by Nina McCoy.
The terms and conditions below form part of the contract between us (“our”, “Nina McCoy Art Enterprises LLC”, “we”) and you (“buyer”, “customer”, “you”) are the basis on which any disagreement will be considered.
By purchasing any form of print, you are acknowledging and agreeing to the terms and conditions set about below.
​
Definition of Editions
Limited Edition - A fine art giclée print, limited to a maximum edition run of 250 worldwide across all sizes. Each “limited edition” print is inspected, hand signed and marked with the edition type and number by Nina McCoy.
Open Edition - A signed fine art giclée print, unlimited in number worldwide, produced as part of a larger edition run.
Customer Responsibilities
By purchasing a print, you are confirming that you have read the associated print description, and selected the appropriate edition type and size as required by you.
By purchasing a size of print, you are confirming in writing the exact dimensions you require.
​
Ordering
All orders must be submitted via this website ("https://www.ninamccoyfineartprints.com", herein "website") in accordance with the instructions set out on each step and page of the checkout process.
You are responsible for ensuring the completeness and accuracy of your order details and neither the website nor Nina McCoy Art Enterprises LLC will be liable for any failure by you to provide complete and accurate information in your order.
All print orders are for fine art prints - either stretched on stretcher bars, mounted on board or provided as a rolled loose-leaf print.
Orders may only be deemed to have been accepted by us when you receive our order confirmation in writing along with our order number.
We reserve the right to:
Reject any order submitted by you for any reason. Note, in particular, that orders may be held for inspection and checked for fraudulent payment methods prior to acceptance by us.
Cancel any order before delivery of the relevant print in the event any payment of the full order value fails.
Without limitation to any provisions relating to Limitation of Liability, we will not be liable or otherwise responsible for any loss or damage caused to you by cancellation of an order by us.
​
PRICE OF PRINTS
The prices of the prints will be as quoted on our site from time to time. We take all reasonable care to ensure that these prices are correct at the time when the relevant information was entered onto the system. Prices for our products are subject to change without notice.
It is always possible that, despite our reasonable efforts, some of the prints on our site may be incorrectly priced. If we discover an error in the price of a print you have ordered we will inform you of this error and we will give you the option of continuing to purchase the print at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the prints to you at the incorrect (lower) price.
Prices for our prints may change from time to time, but changes will not affect any order which we have confirmed.
The price of a print does not include shipping and handling charges. charges are as quoted on our site.
​
PRINT STORAGE AND HANDLING
All prints that are shipped flat should be stored flat and possibly stored flat in the same cardboard they are shipped in. Changes in humidity can cause any paper to curl. Ensure that you are storing prints in humidity levels ranging 50-60% humidity. If you store them flat, under a weight, in the proper humidity the prints will flatten easily. Proper humidity levels are very important for cotton fiber papers.
All prints are printed in a manner and with inks and papers that they will last a lifetime, but there is no written guarantee because we are not able to physically see how each print is stored and taken care of for 100 years.
Print(s) must be stored and displayed out of any form of direct sunlight during its/their entire lifetime.
All prints printed on paper media must be protected behind a material capable of removing at least 95% of all Ultra-Violet wavelengths of light during their entire lifetime.
Prints must not be subjected to any temperature below 0°C or above 30°C which has been sustained for periods of more than 4 hours during their entire lifetime.
Prints must not be touched directly by any organic object or being, nor exposed to any form of liquid or potentially damaging substance during their entire lifetime.
Where we have offered stretching or mounting, and this option is included on your order confirmation, the print(s) will arrive fully assembled in your chosen format, in a protective shipping container or package.
All images on this website are intended to be an indicative preview of the final output and should not be relied upon as a completely accurate representation of the final product.
Where we do not offer stretching or mounting, you hold sole responsibility for stretching or mounting your print(s).
All sizes listed on this site are for the print itself. To accommodate for production tolerances, all listed dimensions are agreed to be +/- 2% in measurement.
​
COPYRIGHT AND OWNERSHIP
By purchasing a print from us, you understand that you own a copy of an original painting by the original creator, Nina McCoy.
At no point do you, or will you, own the copyright of any image purchased from us as a print.
Prints may not be reproduced, copied, shared electronically or used for any commercial purposes without our prior, express permission and any applicable fee (as determined by us) being paid.
It is illegal to produce copies of any work which is copyrighted by us, and we reserve the right to request legal assistance to enforce any applicable laws should any breach of copyright be discovered.
PAYMENT
You can pay for prints using our secure WIX payment platform.
Payment for the prints and all applicable delivery charges must be made in advance.
Upon our sending of your order confirmation by email, this contract is then deemed to be in force and all applicable clauses and terms apply.
Once delivery of your order has been accepted, your order and payment are considered complete.
​
OUR RIGHT TO VARY THESE TERMS
We may revise these Terms from time to time.
Every time you order prints from us, the Terms in force at that time will apply to the contract between you and us.
The Terms applicable to your contract will be determined as those published and active on the date your order was placed.
​
CUSTOMS, EXCISE DUTIES AND IMPORT TAXES
All prints are produced and shipped from the USA.
The payment of any import customs charges, duties and taxes, whether local or international, are the responsibility of the customer.
Any deliveries which are returned due to non-payment of customs charges, duties or other taxes will be considered complete and non-refundable.
​
EVENTS OUTSIDE OF OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this contract that is caused by an event outside our control.
An event outside of our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an event outside of our control takes place that affects the performance of our obligations under this contract, we will contact you as soon as reasonably possible to notify you and:
our obligations under this contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our control. Where the event outside of our control affects our delivery of your print(s) to you, we will arrange a new delivery date with you after the event outside of our control is taken care of.
​
COPYRIGHT AND OWNERSHIP
By purchasing a print from us, you understand that you own a copy of an original painting by the original creator, Nina McCoy.
At no point do you, or will you, own the copyright of any image purchased from us as a print.
Prints may not be reproduced, copied, shared electronically or used for any commercial purposes without our prior, express permission and any applicable fee (as determined by us) being paid.
It is illegal to produce copies of any work which is copyrighted by us, and we reserve the right to request legal assistance to enforce any applicable laws should any breach of copyright be discovered.
​
PAYMENT
You can pay for prints using our secure WIX payment platform.
Payment for the prints and all applicable delivery charges must be made in advance.
Upon our sending of your order confirmation by email, this contract is then deemed to be in force and all applicable clauses and terms apply.
Once delivery of your order has been accepted, your order and payment are considered complete.
​
OUR RIGHT TO VARY THESE TERMS
We may revise these Terms from time to time.
Every time you order prints from us, the Terms in force at that time will apply to the contract between you and us.
The Terms applicable to your contract will be determined as those published and active on the date your order was placed.