T&C's

Terms and Conditions for commissioned art by Derbyshire Portraits.

These Terms and Conditions apply for commissions  requested after 22/11/2020.

This website is owned and operated by Derbyshire Portraits. These Terms set forth the terms and conditions under which you may order commissions via email or Instagram. This website offers to help customers decide whether Derbyshire Portraits is the right business for them. By ordering a commission the customer approves that they have read, understood, and agree to be bound by these Terms.

 

Customer obligations:

 

1. Description.

It is the customer’s responsibility to provide enough information to the artist in order to complete a commission. This may include ideas, photographs and instructions on size, materials and styles of the work. The artist will endeavour to create an artwork which is to the customer’s taste. The customer must understand that no matter how detailed their description of the commission, all art involves creativity and subjectivity which is in the hands of the artist. The customer is commissioning an artist to create a piece of art, therefore the finished product will not be an exact replica of the photographic source.

 

2. Interpretation.

Expanding on the point above, the customer must accept that if interpretation is left to the artist’s discretion, that is the customer’s responsibility, and the artist may only make small adjustments once the final commission is complete. The artist will always try and be accommodating and adapt to the customer’s needs if it is possible in a suitable time frame and budget. If the customer no longer wants the commission, they may not pay the artist but may also not receive the artwork.

 

3. Communication.

The customer must stay communicative throughout the process of their order, answering questions asked by the artist within a reasonable amount of time. This may include answering emails or messages via SMS or social media. The customer may also wish to have a free telephone consultation about their commission.

 

4. Time frame.

If the customer wishes the commission to be completed within a certain time frame, they must specify this time frame when requesting a commission and before the artist has begun working on the commission. If the customer does not specify a time frame then it is up to the artist to choose, as they wish, when they complete the commission within a period of 3 months. Requests may be as soon as two weeks given that the artist agrees that the commission can be completed within that time frame.

 

5. Customer data and images.

By agreeing to these terms and conditions, the customer agrees that their data may be used to complete their commission as is suggested throughout this website and in descriptions through personal correspondence and on social media. This may include using contact details to communicate with the customer, images provided by the customer to complete commissions and addresses and payment details to process delivery and payment. Images will be edited using photo editing software both to enhance the composition of the commission and the quality of the image. The customer’s data will only be used in order to complete the commission and will not be shared by the artist unless consent is given. The customer may be asked if source images and photographs of the commission may be used for marketing purposes on posters, social media and this website. It is the customer’s choice whether the artist can share source images, photographs of commissions and names online. It is the artist’s responsibility to seek permission to use such data and to remove any data if requested.

 

6. Payment, refunds and deposits.

Unless the commission is damaged in the post, once the customer has paid for the commission, refunds will not be accepted. Before paying the artist the customer will be asked if they are happy with the work, this may be done via a photograph sent to the customer, or when the customer receives the commission. The customer must communicate with the artist to agree when payment seems appropriate. The artist may stop working on the commission if the customer refuses to pay and is not obliged to post the commission if payment has not been made. The customer may not want to pay for the commission until they have seen the artwork in person. This is fine but must be agreed with the artist in advance of delivery. This service does not currently require a deposit. Tips are optional and at the customer’s discretion.

 

7. Rights to the artwork.

Once the customer receives their commission they may share photographs of their new artwork on social media and websites and with family and friends. If they are a business and wish to use the artwork for commercial use, they must inform the artist before hand and a contract may be agreed. The artist may ask the customer if they can sell prints of the artwork. The customer may want to discuss a commission fee for this so that they can make their money back on the commission if they believe that their ideas or photography for the commission was valuable. This commission fee must be agreed by both the artist and the customer. The artist must seek permission to sell prints of the artwork and to display the artwork on social media, marketing and websites.

 

8. Further help.

For further help please see the “Tips for customers” section of the website which give’s the customer ideas of what things they may like to tell the artist to ensure an appropriate interpretation of a photograph or idea by the artist.

 

Artist obligations:

9. Description.

It is the artist’s responsibility to direct the customer to these terms and conditions so that they have an understanding of what they may need to tell the artist about their desired commission.

 

10. Interpretation.​

The artist must try and complete the commission in accordance with the customer’s description of the commission. The artist may be as creative as they like, as long as they are communicative with the customer (see next point). The artist must always try and be accommodating and adapt to the customer’s needs if it is possible in a suitable time frame and budget. The artist must inform the customer if a different canvas size is being used for their commission due to stock/ appropriability. The artist may not request more money for an increased size of commission than is initially agreed.

 

11. Communication.

The artist must stay communicative throughout the process of the commission, answering questions asked by the customer within a reasonable time frame. This may include answering emails or messages via SMS or social media. The customer may also wish to have a free telephone consultation about their commission, this must be agreed and arranged by both parties.

12. Time frame.

The artist must ask the customer if they have a time frame in mind for the commission. The artist may take up to 4 months to complete a commission, unless a shorter or longer time frame is discussed with the customer. Requests may be as soon as two weeks given that the artist agrees that the commission can be completed within that time frame. The artist may ask for more time to complete the commission, if the customer disagrees then the customer may request to reduce the price of the commission by 25%.

 

13. Customer data and images.

By agreeing to these terms and conditions, the artist agrees to only use the customer’s data to complete their commission as is suggested throughout this website and in descriptions through personal correspondence and on social media. This may include using contact details to communicate with the customer, images provided by the customer to complete commissions and addresses and payment details to process delivery and payment. Images may be edited by the artist using photo editing software both to enhance the composition of the commission and the quality of the image. The customer’s data must only be used in order to complete the commission and will not be shared by the artist unless consent is given. It is the artist’s responsibility to seek permission to use such data and to remove any data if requested. The artist must seek permission to use the customer’s images, reviews and name for marketing purposes and must not distribute their data in any other way unless discussed with the customer. The artist must delete source images and customer data to the best of their ability within 90 days of the customer receiving their commission.

 

14. Payment, refunds and deposits.

The artist may not refund the customer once they have received the commission unless the artwork is damaged. Before receiving payment from the customer, the artist must ask the customer whether they are happy with the work, this may be done via a photograph sent to the customer, or when the customer receives the commission. The artist must communicate with the customer and be clear about price and payment. The artist may not increase the price of the commission once a price has been agreed, unless the customer also agrees that a higher price is necessary. The artist may stop working on the commission if the customer refuses to pay and is not obliged to post the commission if payment has not been made. The must accept that the customer may not want to pay for the commission until they have seen the artwork in person. This is fine but must be agreed with the artist in advance of delivery.

 

15. Rights to artwork.

The artist must seek permission to sell prints of the artwork and to display the artwork on social media, marketing and websites.

 

If you have any queries about these terms and conditions, please contact derbyshireportraits@outlook.com.