The following terms and conditions apply to the commission service provided by Karen Winstanley Artworks to you, the Client.
Please read these terms and conditions carefully. Any payment towards a commission implies that you have read, understood, and accepted these terms and conditions.
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 from Karen Winstanley Artworks, then Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Photos
The Client will be required to provide suitable photographs for the commission work to be produced. The Client must have permission to use such photographs and it is their responsibility to not breach any copyright laws.
Quotations
Charges for services to be provided by Karen Winstanley Artworks are defined in the price quotation that the Client will receive, upon request, via email. Quotations are valid for a period of 30 days. Karen Winstanley Artworks reserves the right to alter or refuse to honour a quotation after expiry of the 30 days.
Contract
Karen Winstanley Artworks will agree a “brief” with the customer, including a timeline, a scope and set a final price for artwork and shipping, before commencing the commission. This will form the commission agreement contract which will be sent to the Client to sign.
Deposit
Karen Winstanley Artworks requires a 25% deposit from the Client to confirm a commission slot. This deposit is non-refundable.
Artwork progress
Once work commences on a Client’s portrait, at the under-drawing stage, Karen Winstanley Artworks will send photos for agreement and an estimated completion date. At this stage alterations/changes can be made to its design content.
Halfway through Karen Winstanley Artworks will send another photo of the progress. At this stage only minor adjustments can be made and no major changes.
Karen Winstanley Artworks reserves the right to share “painting in progress” photos to social media unless the Client expresses this not to be done. eg a surprise present.
Once the artwork is complete Karen Winstanley Artworks will send the Client a watermarked digital photo of the finished portrait.
Payments
Invoices will be issued by Karen Winstanley Artworks upon completion of the artwork and before collection/delivery. Invoices are primarily sent via email. Payment in full is due within 7 days of invoice.
Please note, unless specifically agreed to by both parties prior to the issuing of an invoice, Karen Winstanley Artworks does not accept payment in part or via instalments.
Karen Winstanley Artworks accepts payment by the following methods (in order of preference):
Bank Transfer (BACS)
PayPal*
* Please email admin@karenwinstanleyartworks.com for complete payment details.
Additional Expenses
The Client agrees to reimburse Karen Winstanley Artworks for any additional expenses incurred for the completion of the work. Examples of these instances would be postage charges, extra travel expenses for delivery etc.
Copyright
Karen Winstanley Artworks retains all copyrights to the artwork created from the Client’s photos.
Karen Winstanley Artworks will not reproduce the artwork and its usage will not be allowed on any other website apart from Karen Winstanley Artworks website and social media pages unless the Client gives written permission to do so.
Karen Winstanley Artworks reserves the right to display the artwork on their website and social media pages. If a Client is unhappy about the artwork being displayed, they must declare this upon placing the commission.
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. If the Client wishes to make any reproductions of the artwork, then this must be arranged through Karen Winstanley Artworks only.
Termination before completion of commission
If the Client terminates:
If the Client chooses to terminate the services of Karen Winstanley Artworks after agreeing a commission arrangement but before the commissioned project is complete, Karen Winstanley Artworks reserves the right to retain any non-refundable deposits paid.
Should the Client cancel the commission agreement after the Artwork has been completed, Karen Winstanley Artworks reserves the right to charge up to 85% of the total projected costs. The scale of the charge will be dependent on the discretion of Karen Winstanley Artworks and the stage of the project at the time of cancellation.
If The Artist is unable to fulfil the commission:
If Karen Winstanley Artworks chooses to terminate the contract as they are unable to fulfil 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) Karen Winstanley Artworks 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, Karen Winstanley Artworks reserves the right to terminate the commission. In this event, all deposits paid will be retained by Karen Winstanley Artworks and the commission will be cancelled.
If the Client wishes to continue the commission at a later date, they will be required to request a new project quotation, sign a new Commission Agreement Contract and pay a further non-refundable deposit.
Installation
The framing and installation of the artwork will be completed by The Client.
Returns and Disputes
With Commissions all sales are final, and Karen Winstanley Artworks is under no obligation to accept a return for a commissioned artwork, except in the event that the artwork reaches the customer damaged.