Terms and Conditions for Portrait Commissions
This section contains important information about the terms and conditions of a Robert Thompson – Portrait Commission – please ensure you have read and understood them before ordering your portrait. If you decide to go ahead and commission a portrait, you are agreeing to the following terms and conditions when you place your order:
• 1. Approval of Source Photograph(s)
• 2. Payment Terms
• 3. Payment/Refund Currency
• 4. Portrait Completion Timescales
• 5. Cancellation of Commission Prior to Completion of Portrait
• 6. Delivery
• 7. Import Duty
• 8. Delivered Artwork
• 9. Damage in Transit
• 10. Source Photographs
• 11. Money Back Guarantee
• 12. Portrait Framing
• 13. Care of the Portrait after Delivery
• 14. Portrait Gift Vouchers
• 15. Copyright – Images and Content found on this Website
• 16. Copyright – Produced Artwork
• 17. Changes to the Terms and Conditions
• 18. Applicable Laws
1. Approval of Source Photograph(s)
A portrait commission will not be accepted until I have confirmed your source photograph(s) are suitable to be used as the basis for the portrait to be drawn. I reserve the right to a refuse a commission if I believe the source photograph(s) are not to the standard required to create a portrait of acceptable quality.
2. Payment Terms
A deposit valued at 50% of the total commission price excluding postage and packaging is required upon ordering your portrait to confirm your order and secure a place in my order book. Work will not commence on your portrait until your deposit has been received. All commissions must be paid for in full before the completed artwork is dispatched to you. Payment of the balancing 50% and postage and packaging charges is due when you have seen and approved the final scan of your portrait which will be emailed (or posted if preferred) to you.
3. Payment/Refund Currency
Prices are quoted and invoiced in UK Pounds for all clients, whether UK based or International. Any refunds will also be made in UK Pounds and I cannot be held responsible for any loss of value due to exchange rate fluctuations between the time of your payments to Mr R Thompson and the issuing of the refund.
4. Portrait Completion Timescales
The completion of all of my commissions is managed through an order book which works on a first come first served basis. The estimated time for your portrait commission to be completed is measured from when you make your initial deposit payment. The time it will take to complete your portrait will depend on the number of commissions that are already confirmed in my order book at the time you place your order and also the complexity of your commission requirements. Whilst every effort will be made to meet the estimated completion date, I cannot be held responsible for any delays to completion timescales due to reasons that are beyond my control.
5. Cancellation of Commission Prior to Completion of Portrait
If you wish to cancel your Portrait Commission or Artwork, please notify me as soon as possible. Portrait commissions can be cancelled by email, or in writing by post.
5.1 Cancellation within 7 days of placing an order for a Portrait Commission
If you decide to cancel your portrait commission within 7 days of placing your order you are entitled to a full refund of the deposit amount paid to Robert Thompson.
5.2 Cancellation after 7 days of placing an order for a Portrait Commission
If you decide to cancel your portrait commission after the initial 7-day period from the time of placing an order, then you will incur a fee of 50% of the deposit amount you paid to MR R THOMPSON.
Refunds will be made via Paypal, cheque, or bank transfer depending on the original payment method used by the client. Refunds cannot be made to another person, card, or account.
For UK clients all small portraits are sent using Royal Mail Special Delivery and they are guaranteed to arrive before 1pm the day after posting UK.
For larger artworks delivery time may take up to 7 days.
The delivery will need to be signed for when it arrives. I am able to post to an alternative address if required. Europe within 7 days (usually) and Worldwide typically 10 – 21 days.
For International Clients the postal service used depends on the size of portrait ordered. Regular sized portraits are posted using Royal Mail International Tracked and Signed, a reliable and affordable way to send this type of package. Large sized portraits are sent using Parcelforce Worldwide Global Express. In both cases your portrait will take between 10 and 21 days to arrive depending on your location. The delivery will need to be signed for when it arrives. I am able to post to an alternative address if required.
7. Import Duty
Delivery outside the UK may be subject to local import taxes which are the client’s responsibility.
8. Delivered Artwork
All artwork will be delivered in postal tube for prints and boxes for original artworks. Hanging Display Frames are not generally provided, unless previously discussed. On completion and sending of digital file, dimensions of artwork can be provided and sent to email address of party.
9. Damage in Transit
I will pack your portrait to a high standard. If in the unlikely event your portrait is damaged it will need to be returned in its original packaging at your own cost which I will refund, I will redraw/paint the portrait and ship to you again free of charge. There will be a wait time for the completion of the replacement artwork as it will need to be rescheduled on my order book, but will be provided as quick as possible.
10. Source Photographs
When you send me photograph(s) to use as the source material for your portrait you are confirming that you either own the copyright to the photograph(s), or have gained permission and/or a license from the copyright owner to grant me a license to use the photograph(s) as the basis for producing your portrait, to display on my website Gallery pages, or in my promotional material for an indefinite period of time. If you do not want your source photograph(s) to be used in this way, please let me know when you place your order. In addition, in sending me the photograph(s), either electronically or by post, you agree to indemnify me against any costs arising from claims subsequently made against me by any persons claiming to own the copyright to the photograph(s).
11. Money Back Guarantee
I always strive to ensure I meet or, better still, exceed your expectations with the finished artwork and all of my portraits are guaranteed to be a likeness. If you are not entirely satisfied with the finished portrait you will be under no obligation to buy it. If upon receiving an approved portrait you are not satisfied with it, you have two options as follows:
11.1. Request Alterations to the Portrait
You have a period of 7 days from the date of delivery to contact me if you wish to request changes to be made to the portrait. Once I have made the alterations I will send you a new scan of the artwork for your approval. If after the changes have been made, you remain unhappy with the portrait you will be entitled to refund of 70% of the full price of the portrait commission. Please note, the client must meet the costs of shipping the portrait back to me for the alteration work and for the portrait to subsequently be sent back to the client again after the changes have been made if after agreed 7 day period.
11.2. Return the Portrait for a Refund
Alternatively if you are not completely satisfied with the portrait and wish to return it to me for a refund, you must send the portrait safely packaged and undamaged to me within 14 days of receiving it. I will then refund you the full price of the portrait commission. Portraits returned damaged and/or after 14 days will not be refunded.
12. Portrait Framing
After you have received the portrait, I am not responsible for how the portrait is framed, whether by a third party, or the client, or any resultant damage to the portrait.
13. Care of the Portrait after Delivery
Once framed, it is recommended you hang your portrait in an area that is not subject to high humidity, such as bathrooms, or significant temperature changes, such as directly above radiators, or in direct sunlight, as this may affect the artwork over time. I am not responsible for any damage or deterioration that occurs to the portrait once delivered.
14. Portrait Gift Vouchers
Full details of the Portrait Gift Voucher Terms and Conditions can be found by contacting me at firstname.lastname@example.org.
All images and content found on the www.robthompsonart.com website are subject to copyright and are the sole property of Robert Thompson BA unless otherwise stated. Images and content may not be reproduced, or distributed without my express written permission. If you wish to use any of my artwork for a publication, or images from my website please contact me. If I authorise images to be used by third party organisations Robert Thompson must be credited for the work.
I will request the removal of any images found on unauthorised websites.
16. Copyright – Produced Artwork
I retain copyright of all the artwork I produce. By submitting an order form, either electronically or by post, you are agreeing that I retain the full copyright and licensing rights to the artwork I produce from your photograph(s) thereby allowing me to use the artwork in any way I see fit for an indefinite period of time (unless otherwise agreed not too). This includes displaying the artwork in promotional materials and online. Commissioned artwork is normally displayed on the robthompsonart.com pages when completed, the artwork I create for private portrait commissions are only ever used by me as promotional material – I do not create copies to sell on as merchandise, or as prints.
My portraits are sold for personal use only and not for the client’s financial gain. Under no circumstances should portraits I have created be made available for download or for sale, or permission given for third parties to use the artwork without my express written permission.
If you are unhappy with your completed portrait then you will be entitled to a full refund of the commission price and I will retain the artwork and copyright and the right to display and/or sell it to a third party, or use the image on items for sale.
I reserve the right to take legal action against any individual or business failing to adhere to the above Terms and Conditions.
17. Changes to the Terms and Conditions
I reserve the right to change the Terms and Conditions and publish a new version on my website. The new version will take effect from the time of publishing on the site.
18. Applicable Laws
All portrait commission orders from Robert Thompson are subject to the laws of England and the courts of England shall have exclusive jurisdiction in relation to any disputes Worldwide.
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