Commissions – Terms and Conditions

Terms:

– ‘Artist’ refers to Kate Priestman/Kate Priestman Art.

– ‘You’ refers to the Commissioning Party i.e. the person(s) enquiring about and commissioning the artwork.

Pricing:

The Artist reserves the right to alter prices at any time, without prior notice. Prices may change and offers may be withdrawn at any time.

All prices shown on the website are in £ (Great British Pound) sterling. VAT is not payable.

Reference Photographs:

Where drawings are produced using photographs supplied by You, it is assumed that if photographs supplied as reference material are taken by a third party, and the copyright does not belong to You, permission to use the photograph has been sought in advance of sending them to the Artist.

Turnaround Time:

The time it takes to complete a drawing is variable depending on the waiting list and the size of the drawing. An estimate of the turnaround time will be provided when commissioning. If there is a deadline for the drawing then You must make this clear at the enquiry stage.

The Artist can never fully guarantee that You will receive the drawing by the deadline (although the Artist has not missed a deadline to date :)) so please bear this in mind and commission the portrait well in advance.

Payment:

A 40% deposit is required upfront when commissioning the drawing (work on the drawing will not begin before receipt of this payment). The remaining balance is due when the drawing is complete and before it is dispatched. Accepted forms of payment are by bank transfer (preferred), Paypal and debit/credit card. Payment is due upon presentation of the invoice(s). If after thirty days payment has not been received, the Artist reserves the right to place the original artwork up for sale.

Cooling off Period:

You have by law, a 14 days cooling off period. If you choose to cancel the commission within this time, the deposit will be refunded to you in full. This does mean, however, that the drawing will not commence within 14 days of the commission date, so please bear this in mind when commissioning the artwork.

If You are happy for the Artist to start on the drawing before the the 14 days cooling off period is complete, You must confirm this in writing. If You then cancel within this period and the work has started on the drawing, the deposit will be non-refundable.

Cancellation:

If You cancel the commission after the 14 days cooling off period, the deposit will be retained by the Artist and not refunded.

Approval:

A photograph or scan of the final drawing will be emailed to You when complete, for approval. You are able to make reasonable suggestions in relation to a drawing, which will be carried out at no extra charge; however, if these alterations deviate from the original commission, an additional charge may be made to You. No amendments will be made once the portrait has been approved.

Refunds:

Commissions are non-refundable due to their bespoke nature.

Delivery:

The delivery cost is additional to the commission price and is added to the final invoice; the Artist will provide an estimate of the delivery price upfront. All drawings are sent by Royal Mail recorded delivery or courier, and are fully insured.

Artwork sent to an address outside of the UK may be subject to local customs charges and taxes. You are solely responsible for the payment in full of these charges.

Damage in Transit:

Artwork is fully insured during delivery. In the unlikely event that a drawing is damaged during the delivery process, the Artist must be notified immediately. You must check the package for possible damage before accepting the delivery. All packaging must be kept along with the contents, and a note made of damages on the delivery record. You should also take photographs of the damage. Do not dispose of any of the damaged packaging or artwork. Damaged artwork must be returned at your own cost – it is recommended that your return is fully insured.

Copyright:

The Artist retains the copyright in the artwork and you must obtain prior written permission from the Artist to: (i) copy the artwork; (ii) issue copies of the artwork to the public; (iii) rent or lend the artwork to the public; (iv) perform, show (exhibit) or play the artwork; (v) communicate the artwork to the public; and/or (vi) make an adaptation of the artwork. You may not alter or modify the artwork without the Artist’s prior consent.

The artwork will not be reproduced for sale by the Artist and will only be used for promotional use and display on the website.

Liabilities:

The Artist shall not be liable for any breaches of their obligation under this Agreement resulting from causes beyond reasonable control including but not limited to Acts of God, enemy, fire, flood, explosion or other catastrophe.

Governing Law:

This Agreement shall be subject to English law and any disputes referred to the English Courts.