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 Purchaser. 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 Purchaser is local. If the Purchaser chooses PayPal as their form of payment, there is a service charge of 3.5% that will be computed based on the total payment. This will be itemised and added to the final invoice.

REFUNDS

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

Deposit Refunds

A 100% refund of monies paid is valid only if the Purchaser 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 Purchaser 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 the Artist 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 Purchaser.

Rejection of portrait upon final photograph

If the Purchaser is not completely satisfied with the finished work upon final digital photograph, and will not allow amendments to be made to the Work, the Purchaser is not required to make any further payments. The total 50% deposit paid by the Purchaser will be retained by the Artist and if any other monies have been previously paid by the Purchaser to the Artist, will be refunded. The Work will then remain the property of the Artist and the Artist has the right to sell the Work or reproduce the Work 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 Purchaser. 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.

The Artist reserves the right to view the Voucher when the Recipient orders their portrait using a Gift Voucher.

Traditional Gift Vouchers

Delivery is normally within 1-3 days within Australia; 3-7 days overseas; following receipt of payment.

Gift Vouchers are valid for 2 years from the purchase date

A Gift Voucher can not be exchanged for cash

The amount can be used as a full or partial payment on a custom pet portrait. Any balance must be paid in full by the Recipient within 7 days of portrait approval.

E-mail Gift Vouchers

Delivery is within 48 hours following receipt of payment.

Gift Vouchers are valid for 2 years from the purchase date.

A Gift Voucher can not be exchanged for cash.

The amount can be used as a full or partial payment for a custom pet portrait. Any balance must be paid in full by the Recipient within 7 days of portrait approval.

DIGITAL MOCK-UPS

Digital Mock-Ups are copyright of the Artist and cannot be used by any other artist as reference other than the Artist that created them being Opal Pastro Art.

AMENDMENTS TO THE PORTRAIT

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

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 Work passes to the Purchaser when the full Price is paid to the Artist by the Purchaser.

COPYRIGHT OF ALL ARTWORK

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

The Artist retains all intellectual property, including all copyright, in the Work including prints and digital mock-ups. Without limiting this, the Purchaser must not reproduce the Work or let anyone else reproduce the Work without the Artist’s prior written consent.

All commissioned Work 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 Purchaser, 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.

WEBSITE UPDATES

This website is updated on a real time basis. Prices are subject to change without prior notice.