Animal ‘Pet’ Portrait 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 Prices may change and offers may be withdrawn at any time.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:
The drawing will be 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 will always try her hardest to meet deadlines (and hasn’t missed one to date) but the Artist can never fully guarantee that you will receive the drawing by the deadline so please bear this in mind and commission the portrait well in advance.

Costs:
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 posted.   Accepted forms of payment are by bank transfer (preferred) and Paypal.  Payment is due upon presentation of the invoice(s).

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 day 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 day 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 suggestions 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.

Postage:
Postage is additional to the commission price.  All drawings are sent by Royal Mail recorded delivery and are insured.

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.

If the artwork is unrepairable, you can arrange for a new drawing to be produced at the same cost as the original commission.  The turnaround time for this will depend on the Artist’s workload at that time.  Please note: the Artist will not replace any drawings at a reduced cost unless part of the fault lies with the Artist.

Copyright:
The Artist retains the copyright in the art work 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.