Terms & Conditions for Custom Commissions
Thank you for choosing Art for Sale Australia Artist to capture your special pet. These Terms & Conditions outline our agreement to ensure a smooth and enjoyable creative process.
1. Booking & Deposit
A non-refundable deposit of 30% of the total agreed-upon price is required at the time of booking to secure your commission schedule.
2. Scope of Work & Artistic Style
The specifics of the artwork (subject matter, size, style, key elements for inclusion, package details for live paintings, included frame with choice of standard colours) will be discussed and agreed upon during the initial consultation(s) and confirmed in writing (e.g., via email or invoice). If you prefer to frame the painting yourself, your artwork will be carefully packaged ready for framing. Reference Materials (for Custom Commissions): For custom studio commissions of your pet, the quality of the final pastel painting is directly dependent on the quality of the reference photographs provided by the client. High-resolution, well-lit photos are strongly recommended for achieving optimal detail and likeness. If the client provides photos of poor quality (e.g., low resolution, blurry, poor lighting) the commission will not be accepted.
3. Payment Terms Custom Commissions Pets:
The remaining balance (30% of the total price) is due upon completion of the artwork and client approval of the final piece, prior to framing (if included), and shipping. Payment Methods: Payments can be made via PayPal. Payment details will be provided on the invoice. GST: All prices quoted are in Australian Dollars (AUD) and are inclusive of GST (if applicable).
4. Artwork Process & Timeline Custom Commissions (Studio Work):
Upon completion, digital images of the finished painting will be sent to the client for final approval. The completed, and framed (if applicable) pastel painting will typically be ready for shipping 2 to 8 weeks after final client approval and receipt of final payment.
5. Delivery & Shipping
Completed artwork will be shipped directly to the client's nominated address within Australia. Shipping, including tracking will be advised at the time of ordering artwork. The artist is not liable for delivery delays caused by third-party carriers but will assist with tracking inquiries. Paintings will be packaged securely for transit. Shipping/Delivery will occur only after the final balance payment has been received and the artwork is ready.
6. Damage or Loss During Transit Packaging:
All artworks are packaged with professional care to ensure safe transit and are shipped fully insured for their declared value via a reputable carrier. Client Inspection and Reporting: Upon receiving the artwork, the client must inspect it immediately. Any damage suspected to have occurred during transit must be reported to the Art for Sale Australia in writing (email preferred), including clear photographic evidence of both the damage to the artwork and the condition of the packaging, within 48 hours of delivery. Failure to report damage promptly may affect the ability to claim insurance. If the artwork is not received by the expected delivery date, the client should notify the artist promptly so tracking can be investigated.
7. Privacy
The Artist is committed to protecting your privacy. Personal information collected during the booking and commission process (such as name, contact details, event details) will be used solely for the purpose of providing the services requested, managing the booking, and communication related to the artwork. Your information will not be shared with third parties except as necessary to fulfil the service (e.g., shipping carrier) or as required by law in Australia.
8. Dispute Resolution
Both parties agree to attempt to resolve any dispute arising from this agreement amicably through good faith negotiation before resorting to mediation, arbitration, or litigation.
9. Severability
If any provision of these Terms & Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the provisions, which will continue in full force and effect.
10. Cancellation & Rescheduling Cancellation by Client:
If you need to cancel your booking after the deposit has been paid, please notify the artist in writing as soon as possible. The 30% deposit is non-refundable under all circumstances. Cancellation by Artist: In the unlikely event the artist is unable to complete the commission due to unforeseen circumstances (e.g., serious illness, emergency, the Artist's liability is limited exclusively to providing a full refund of all monies paid (including the deposit). No further compensation or reimbursement for other costs incurred by the client. The artist will endeavour to provide as much notice as possible.
11. Copyright & Usage Rights
The Artist (Eleanor Crouch) retains the copyright to all artworks created. The Client receives the original physical artwork and the right to display it for personal, non-commercial use. The artwork may not be reproduced, duplicated, or used for any commercial purposes (e.g., prints for sale, merchandise, business advertising) without prior written permission and a separate licensing agreement with the artist.
12. Artist Promotion & Image Release
The Artist retains the right to take photographs upon completion of the artwork. The Artist may use selected images and recordings believed to positively represent the service for promotional purposes. This includes, but is not limited to, use on the Artist's website, social media posts (e.g., Instagram, Facebook), online portfolios, print materials, and for entry into exhibitions or competitions.
13. Agreement
By paying the 30% deposit, the client confirms they have read, understood, and agree to these Terms & Conditions. Thank you for entrusting me with capturing your precious pet. I look forward to creating a beautiful piece of art for you!
Contact information:
If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to individual rights and your Personal Information, you may send an email to artforsaleaustralia@gmail.com.