Terms and Conditions.
Terms & Conditions.
Here is a list of terms and conditions regarding all commissions or other pieces of artwork.
Please make sure you read through these points carefully and that you agree to them if you are interested in commissioning artwork.
Payment of a deposit signifies your agreement to the following Terms and Conditions.
By visiting this site and or purchasing something from us you are engaging in our terms and conditions.
These Terms and Conditions apply to all users on the site, including without limitation users who are browsers, vendors, customers, merchants and contributors of content.
If you do not agree with all the terms and conditions of this agreement, then you may not access the website or use the services.
This store is hosted on shopifiy Inc, they provide the artist with the online e-commerce platform that allows the artist to sell her products.
You may not use our products for any illegal or unauthorized purpose nor use any of products including and not limited to copyright laws.
Images and products.
The website has made every effort to display as accurately as possible the colours and images of the products that appear in the website store. The artist cannot guarantee that your computer monitor, or device will display any colour accurately.
All descriptions of products and prices of products are subject to change at any time without notice. The Artist reserves the right to to discontinue any product at any time.
In the event that a change has been made to an order or needs to be cancelled, the Artist will make an attempt to notify you by contacting you via email and or phone number or and billing address provided at the time the order was made.
You agree to provide current and complete and accurate account information for all purchase made in the store/website.
Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of Australia.
Returns policy.
The artist office 30-day free returns for all non-commissioned products.
If you are not 100% satisfied with your item, you can return it and a refund can be issued back to the account with which you paid. To be eligible for a refund the product needs to be returned unused and in the same condition you received it.
Please email info@jemsart.com.au within the 30days of receiving your item to start the return process.
Please include as much detail as possible e.g. name, order number, phone number and reason for the return. A photo of any damage or fault can also be added to help.
Emails for returns can take up to 24 hrs for a response, please allow for this time.
Once the email is received, the postal address will be provided in the email.
If the item is faulty or damaged, a refund will be issued as well as any shipping incurred
Please note that shipping cost to return item will not be covered by the artist if the product is not faulty, damaged or incorrect.
Artist is located in Victoria, Australia.
Deposit for Portraits and other commissioned artwork.
On booking a commissioned artwork, a deposit of $50.00 is required.
This is non-refundable to cover the artists costs, except when the artist is unable to complete the work due to the unavoidable change in their circumstances.
Additional charges for portraits and other commissioned artwork.
All prices for commissions are listed, however, anything that increases the preparation or work time considerably will need to be charged accordingly. Anytime an additional charge maybe required during the process, clients will be made aware at the soonest opportunity.
Additional charges will never be incurred without the prior agreement of the client.
Additional charges will need to be applied if they fall under the list here.
Photo Composite charge – In most cases I can work from one or two photos. If the photo’s must be combined in a more complex way to create the portrait using photos for example a head shot and another of a body shot, charges will apply.
Termination of the artwork by the artist.
The artist reserves the right to terminate the commission agreement either prior to the commencement or during the process, for any reason, including and not limited to repeated rudeness in correspondence, failure to abide by the above terms and conditions, unreasonably requests or demands to the artist, threatening language or behaviour or any form of harassment.
Shipping artwork.
Under no circumstances will any artwork be shipped out until the whole payment including the cost of shipping, has been received in full.
The final balance of payment is due on completion of the work.
Clients art to pay the final balance within 7 days of completion date unless other payment date has been discussed and agreed prior.
Where payment cannot be paid in the time an extension maybe granted at the artist’s discretion.
In some cases, an instalment agreement can be made, the art will be held until the full amount is received.
In the unlikely event the client can not pay for the artwork the deposit will be kept.
In the unlikely event that the client is completely unhappy with the artwork and the artist is not able to make adjustments to the work to the clients satisfaction, the order can be cancelled.
The artist retains the right to keep the deposit. This amount is used to cover the portion of time spent on the work and material costs.
Postage damage and loss.
Unfortunately, damage during shipping can occur, it is rare but if the artwork is damaged from the period of time between the artwork leaving the hands of the artist at the post office and being received by the client, photographs of the damage must be emailed to the artist. If a repair is possible the artwork can be returned to the artist free of charge. The artist will reimburse the client. Any repairs are done free of charge.
If damage is irreparable the artwork will be redone for free. The artist will endeavour to carry out a replacement piece at soonest time convenient. Please note that due to the calendar bookings it may not be completed straight away.
The above also applies if artwork is lost in transit by the postal system.
Copyright and use of Commissioned artwork.
Under all circumstances the copyright of the finished artwork is retained by and remains with the artist.
The finished artwork may be used by the client for display and personal enjoyment only.
No prints or copies shall be made. No profit gained in anyway from the finished artwork by the client without permission of the artist.
The artist retains the right to use the images for advertising artistic services through printed advertising ( flyers) and digital/social media (e.g website Instagram or Facebook.) The artist can refrain from using the artwork in any advertising on request.
Changes to Terms and Conditions.
The artist reserves the right to make reasonable adjustments to Terms and Conditions at any time.
Records and all revisions are dated and collected.