Specific provisions for buyers residing in the European Union

Specific Provisions for Buyers Residing in the European Union

In accordance with the European Consumer Rights Directive, buyers residing in the European Union are entitled to a right of withdrawal for purchases made online. The following terms apply strictly:

Statutory Withdrawal Period:
The buyer has a period of fourteen (14) calendar days to exercise the right of withdrawal without providing any reason. This period begins on the day following the date on which the buyer (or a third party designated by the buyer) takes physical possession of the artwork.

Exceptions Applicable to Artwork (Special and Custom Orders):
In accordance with European legislation, the right of withdrawal does not apply to goods made according to the consumer's specifications or clearly personalized goods. Consequently, the following are expressly excluded from any right of withdrawal:

• Artwork created as a special commission (artist commissions).

• Artwork that has been custom framed or otherwise modified according to the buyer's specific requests prior to shipment.

Withdrawal Procedure:
To exercise this right, the buyer must notify their decision before the expiration of the 14-day withdrawal period. Such notification must be made clearly by either:

• Using the self-service withdrawal button available directly on our online store; or

• Sending an unambiguous written statement by email to our customer service department.

Return Shipping Costs Borne by the Buyer:
All costs associated with returning the artwork to our facilities in Canada shall be borne exclusively and entirely by the buyer. The gallery will not provide a prepaid return shipping label.

Responsibility for Customs, Brokerage Fees, and Return Taxes:
The buyer is legally considered the exporter of the artwork when returning it. Accordingly:

• All customs brokerage fees, required customs documentation, administrative charges, and any duties or taxes assessed by authorities upon re-importation of the artwork into Canada shall be borne exclusively by the buyer.

• The buyer must expressly instruct the carrier that all duties, taxes, and brokerage fees associated with the return shipment (DDP – Delivered Duty Paid) are to be charged to the buyer (the sender in Europe) and not to the gallery (the recipient in Canada).

Non-Refundability of Original Shipping Charges and Import Taxes:
The gallery will refund only the net purchase price of the artwork. Original shipping charges paid at the time of purchase are non-refundable. Likewise, local sales taxes, European VAT, customs duties, or any other import charges paid by the buyer to authorities in their own country during the initial importation are not refundable by the gallery under any circumstances, as such amounts were never collected by the gallery. It is the buyer's responsibility to seek any available VAT refund from their local tax authority upon presentation of proof of return.

Packaging and Insurance Requirements:
As artworks are valuable and fragile goods, the buyer must return the artwork in its original ultra-secure packaging (or packaging of equivalent quality approved for fine art transportation). The buyer is required to obtain full transit insurance covering the full value of the artwork for the return shipment.

Liability for Diminished Value and Condition of the Artwork:
The buyer shall be liable for any diminished value of the artwork resulting from handling beyond what is necessary to establish its nature, characteristics, and condition. The final refund will only be issued after receipt, complete inspection, and confirmation by the gallery's experts that the artwork has been returned in impeccable condition. If the artwork is returned damaged, the gallery reserves the right to deduct from the refund any restoration costs or the total loss in value of the artwork.

Refund Procedure:
Once the artwork has been inspected and approved, the gallery will refund the net purchase price of the artwork within a maximum period of fourteen (14) days following its receipt in Canada, using the same method of payment used by the buyer for the original transaction.