Terms & Conditions

 

SALES AND PURCHASE OF COMMISSIONED PET PORTRAITS

The Artist, Jacqueline Opal Pastro, agrees to sell the work commissioned by the client to the client, and the client agrees to buy the commissioned art work from Opal Pastro Art for the agreed price on the terms of this agreement. Original artwork is to be painted from photographs taken by Opal Pastro or supplied by client. Reference photos provided by client must have copyright ownership or permission to use.

Shipping costs are additiional and quoted at initial discussions of the commissioned portrait.

The fee for a commissioned artwork is to be agreed in writing between Opal Pastro Art and the client payment of this fee is to be 50% up front (non-refundable) and before commencement. The remaining fee is to be paid on completion together with freight costs and after the artist has forwarded the client a photograph of the completed artwork for the client’s approval.

DEPOSITS

A 50% deposit is required to secure a space in the artists painting schedule. The commission will not be considered ordered and commencement of the portrait will not begin until the 50% deposit is finalised.

Commissions are painted on a first booked, first painted basis

FULL PAYMENT

Full payment for the commissioned pet portrait is required within seven (7) days of receipt of completion of the work and after approval by the client. Portraits will not be delivered before the due amount has been paid in full.

PAYMENT METHODS

Payments can be made securely online using Credit/Debit Card via PayPal, Direct Bank Transfer/Deposit, or by cash upon pick-up, if the client is local.

REFUNDS

Refunds cannot be made to any other person other than the client.

Deposit Refunds

A 100% refund of monies paid is valid only if the client cancels the commission within three (3) days after payment of the 50% deposit. Cancellations must be made by e-mail to the artist within these three (3) days in order to be valid for a full refund. Upon cancellation, the client will lose their placement on the artist’s commission list.

Cancellation of portrait after 3 days

If a commission is cancelled after three (3) days from payment of deposit, 50% of the portrait price, or 100% of the 50% deposit paid, will be retained by Opla Pastro Art to cover materials ordered and used, and the artist’s time, administration, mock-ups and e-mails. Any monies paid extra after the retainment of the 50% deposit, will be refunded to the client.

Rejection of portrait upon final photograph

If the client is not completely satisfied with the finished work upon final digital photograph, and will not allow amendments to be made to the artwork, the client is not required to make any further payments. The total 50% deposit paid by the client will be retained by the Opal Pastro Art and if any other monies have been previously paid by the clientr to the artist, will be refunded. The artwork will then remain the property of the Opal Pastro Art and the artist has the right to sell the artwork or reproduce it for any commercial merchandise including prints.

Rejection of portrait once approved and delivered.

Refunds or exchanges are not available and should not be necessary for custom pet portraits, as the final payment is made only after the artwork’s photograph has been approved by the client. Custom portraits cannot be returned or refunded.

GIFT VOUCHERS

Gift Vouchers must be paid in full upon ordering and must be redeemed within two (2) years from the date purchased by the recipient, unless otherwise stated. Expiry date will be on the actual voucher. Gift Vouchers are non refundable in part or whole and must be redeemed in full within the validity period; any unused balance will not be refunded or credited on expiry.

Gift Vouchers can be used in whole or as a partial payment for any commissioned pet portrait. If the order exceeds Voucher amount, the recipient must make up the difference using another payment method.

The amount of the Voucher can be treated as a deposit for the portrait/s ordered by the recipient if what they are ordering exceeds the amount of the voucher. If the amount of the Gift Voucher is less than 50% of the portrait price, the difference is payable upon receipt of order by the recipient, and before any work can commence on the portrait.

Gift Vouchers which are defaced, mutilated or altered will not be replaced, refunded or redeemed.

Opal Pastro Art reserves the right to view the Voucher when the recipient orders their portrait using a Gift Voucher.

DIGITAL MOCK-UPS

Digital Mock-Ups are copyright of Opal Pastro Art.

AMENDMENTS TO THE PORTRAIT

The client can request adjustments or changes to the portrait during the artwork’s progress and these adjustments or changes will be carried out at no extra charge to the client. However, if the alterations or changes requested by the clientr deviate too far from the original commission, an additional fee may be charged to the client. Amendments will not be made to the artwork once the final photograph has been approved by the client.

SHIPPING

Shipping includes postal insurance and tracking. Australia Post or an International Courier is used. Shipping costs will be quoted during initial discussions of the portrait.

DAMAGE IN TRANSIT

If the portrait has been damaged during transit, the portrait will need to be returned in it’s original packaging to the artist or photographs taken of the damage and sent to the artist. The artist must be contacted as soon as the damage is noticed with all relevant information including photographs, and must not exceed three (3) days from receivership of portrait. All artwork is insured whilst in transit.

TRANSFER OF OWNERSHIP OF THE WORK

Ownership of the artwork passes to the client when the full price is paid to the artist by the client.

COPYRIGHT OF ALL ARTWORK

Although ownership of the artwork is transferred to the client upon receipt of payment, the copyright remains property of Opal Pastro Art.

The artist retains all intellectual property, including all copyright, in the artwork, including digital mock-ups. Without limiting this, the client must not reproduce the artwork or let anyone else reproduce the artwork without the artist’s prior written consent.

All commissioned artwork may be displayed in the galleries of this website as part of the artist’s portfolio.

Breaches of Copyright are subject to litigation under copyright law.

TESTIMONIALS

Testimonials or feedback given by the client, in whole or in part, may be used as a testimonial on the Client Testimonials page of this website by the artist. The artist will ask for permission in writing before using testimonial.

GOODS AND SERVICES TAX

All prices shown on this website are in AUD and are inclusive of GST.

WEBSITE IMAGES

Although the greatest care in preparation of the website images has been taken, some variation in colour and shade accuracy may occur. This depends upon your computer’s operating system, system setup, and screen. This may be more apparent on older style screens.

You will find that the image, quality and detail of the artwork surpasses that of the website images.

Prices are subject to change without prior notice.