Please read these Conditions carefully and print or save them and retain a copy for your reference, they govern the terms between us.
Where defined terms are used in this Agreement, they are distinguished by an initial capital letter. The following definitions apply to all documents comprising this Agreement.
Words denoting natural persons are interchangeable e.g. he/she and include corporations and firms or vice-versa
I am Annie Jones, based in Devon in the UK and this website is owned and operated by me. If you need to contact me, please email me at firstname.lastname@example.org or contact me via Facebook @anniesequinepaintings
Making a contract with Me
When you place an order with Me, you are making an offer to buy goods and services (a painting or other artwork). I will send you an email or social media message to confirm that I have received your order. Once I have checked the price and availability of the goods, I will message You again to confirm that I accept your order and that a contract has been made between Me and You, upon which you will need to pay a 10% deposit with the balance payable within 7 days of completion and prior to despatch. I will not take payment from you until I have accepted your order. In the unlikely event that the goods are no longer available or I am unable to fulfil your order, or that I have made a pricing mistake, I will advise you of this in which case you will not receive a message confirming acceptance of your order and there will be no contract between us.
How to place order and Delivery
To commission a portrait or artwork, use the contact details described on my website or Facebook page and either message me or complete the website form. In doing so you are agreeing in full to these Conditions. At the time of your ordering we will agree an approximate timeframe for completion of the work.
Charges for delivery of original artwork and commissioned artwork vary and will be discussed at the time of your commission. All items are sent by tracked delivery for in the UK, or Parcel Force for International delivery. Completion of commissioned artwork varies but typical times for unframed art are 2-5 weeks from acceptance of your order and receipt of suitable reference images and deposit money. Framed items usually take approximately 7-10 additional days. If artwork is lost or damaged in transit, please let us know promptly. Please do not send me hard copy original photos as I cannot guarantee their safekeeping or safe return; copies or electronic copies are preferred.
Cancellation, Termination and Returns
After I have accepted your order, if You wish to cancel you must give me notice by email or Facebook message using the above address. From when I have received your written cancellation, the following cancellation or returns policies apply:
Damage in Transit
I very carefully package all my artwork and only send by tracked delivery. If a portrait arrives damaged, please take and send photos of the damaged packaging and damaged artwork to me immediately. We will then discuss options. If I believe the portrait is salvageable, you must return it to me (suitably wrapped and packaged and via tracked delivery) for inspection or repair. If I believe I cannot repair the damage on the original artwork, I will produce a new similar portrait for the Client at no additional cost though the Client will need to cover the cost of return, delivery and, if required, re-framing.
IPR and Copyright including Artwork Displayed on this Website or social media
I retain copyright of all artwork I produce and generally assert the Artist’s moral rights to be identified as the author of the work and as such reserve the right to use my paintings and drawings for promotional material and display unless agreed with you in writing in advance and prior to the order being accepted.
No part of my paintings or artwork may be registered under the Registered Design Regulations 2001 (as amended) without my consent in writing. However, I will not reproduce Client commissioned artwork for re-sale or use the images on products or merchandise for sale without the Clients agreement.
Where you have provided me either electronically or in hard-copy with material whether photographs or drawings or other media which may be the subject of copyright (e.g. someone else’s photograph of a horse) you will indemnify me for any subsequent loss or claim or damages of any kind in relation to the use of such material and this shall include immediate re-imbursement to me in full of any loss or expense or damages (including any punitive damages) or costs or legal costs incurred whatsoever.
No action or proceedings arising out of or in connections with this Agreement whether in contract, in tort or otherwise shall be commenced after the expiry of one month from the date of completion of the artwork and the Artist’s maximum aggregate liability under this Agreement shall not exceed the amount of the Artists fee which had been paid by the Client to the Artist.
The Artist respects your privacy and is committed to protecting your personal data (if any) held by me.
Should you have any complaints with the service I provide to you, I will endeavour to handle your complaint promptly and courteously. In the first instance, please contact me using the details above and we will attempt to settle the complaint by negotiation or mediation.
Changes to these terms
These terms were last changed on 7 August 2021 and apply to your order. I may change these Standard Conditions at any time and without notice, so if ordering repeat work from me please ensure you check the up to date Conditions applicable at the time of sale.
Applicable Law and Jurisdiction
This Agreement is subject to the law of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.