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Terms & Conditions

Please read these terms and conditions carefully. Any payment towards a commission implies that you have read, understood and accepted these terms and conditions. Please note that by accepting these terms and conditions for price quote, does not enter the Artist and Client into an agreement to create artwork. Terms and conditions may change.  

Price Quotations 

The Artist will "consult" with the Client, including a timeline, a rough draft (described), a final price for the artwork including shipping, before commencing the commission. 

Charges/Prices for services to be provided by The Artist that the Client will receive, via email. Price quotes are valid for a period of 30 days. The Artist reserves the right to alter or refuse to honor a quotation after the 30 day expiration. 

2

Changes During the Commission

On the rare occasion that it is possible to alter a commission once it is started, any alterations to the commission must be made in writing to either party. Further to this any agreements to changes will need to be signed by both parties. If the Client requests alterations once started then a fee may also be incurred. 

3

Acceptance 

It is not necessary for the Client to have signed any document for these terms and conditions to apply. If the Client commissions an artwork the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. 

4

Governing Law

If either or the parties is not a US resident, then the US Governing Law will apply to this agreement.

5

Copyright

The Artist declares that the piece of artwork created will be an authentic, original and unique piece of art of her own creative efforts and executed by her. The Artist retains all copyright. The Client retains ownership of the artwork but may not reproduce it in any form, without the artist's consent. The Client is allowed to share on social media with acknowledgement and/or watermarked image. 

Unless the Client gives written permission to do so, the Artist will not reproduce the Commissioned Artwork and its usage will only be used for marketing purposes on the The Artist's website, social media and print (if applicable). If the Client does not want the Commissioned Artwork displayed, they must declare this upon placing the commission. Expressed disapproval of posting after placing the commission will be considered however, the the Artist reserves the right to refuse removing the Commissioned Artwork from their social media, website and print.  

6

Deposit

The Artist requires a 50% deposit for paintings 36in x 24in above, paintings in sets of two or more or realism paintings. All other commissions require a 30% deposit. The deposit confirms the commission spot and is non refundable. The Client will receive a secure payment request via the Artist's website and/or email. 

7

Payments

An Invoice, sent by email, will be issued for the remaining balance by The Artist within 2-3 days of commission. If Invoice is not paid within the 2-3 days of commission, another invoice will be emailed upon completion of the artwork. Payment is due within 7 days of second invoice sent upon artwork completion. Payment will be expected before the artwork is shipped. 

8

Termination Before Completion of Commission

If the Client terminates:

If the Client chooses to terminate the services of the Artist after agreeing a commission agreement but before the commissioned project is complete, The Artist reserves the right to retain any non-refundable deposits paid.

Should the Client cancel the commission agreement after the Artwork has been completed, The Artist reserves the right to charge up to 85% of the total projected costs. The scale of the charge will de dependent on the discretion of the Artist and the stage of the project at the time of cancellation. 

If The Artist is unable to fulfill the commission:

If The Artist choose to terminate the contract as they are unable to fulfill the commission, they will return the deposit. 

If The Artist terminates:

If communication breaks down on the part of the Client for a period of 30 days (that is, the Client fails to reply to a communication from The Artist) The Artist will issue a warning email. If this warning email is not replied to (and communication does not resume) with a following period of 30 days, The Artist reserves the right to terminate the commission. In this event, all deposits paid will be retained by The Artist and the commission will be cancelled. If the Client wished to continue the commission at a later date they will be required to request a new project quotation, sign a new Commission Agreement and pay a further non-fundable deposit. 

9

Installation

Unless agreed in the commission quote installation of the artwork will be completed by The Client. 

10

Returns & Disputes

With Commissions, all sales are final. The Artist is under no obligation to accept a return for a commissioned artwork, except in the event that the artwork reaches the Client and/or Customer damaged. Please see "Warranties or Repairs" for more details. 

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Warranties or Repairs 

The Artist currently does not offer repairs of artwork. Any warranties or insurances on the artwork will be placed during the shipping period by the preferred ship fulfillment (i.e. USPS, FedEx, UPS, etc.) terms and conditions. 

12

Shipping

The Artist will provide a pre-shipment photo of the artwork insuring its integrity. Once the artwork is shipped, any damage to the artwork is no longer the responsibility of the Artist. Shipping insurance will be offered at time of invoice according to shipment fulfillment company's current fees and is STRONGLY suggested. In the event artwork arrives undamaged and the Client purchased shipping insurance, it is non-refundable. The Client cannot request shipping insurance once the shipment process has started after invoice payment receipt. 

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