TERMS AND CONDITIONS

SALES AND PURCHASE OF COMMISSIONED PET PORTRAITS

The Artist agrees to sell the work commissioned by the Purchaser to the Purchaser, and the Purchaser agrees to buy the Work from the Artist for the agreed price on the terms of this agreement;
The Price is the agreed amount between the Artist and the Purchaser for the Work which includes bespoke framing, name plaque (optional), shipping costs and insurance whilst in transit.

DEPOSITS

A 50% deposit of the total price, is payable within five (5) days of receipt to the Purchaser and before a commissioned pet portrait can commence. A commissioned pet portrait will not be secured on the Artist’s Commission List and will not be deemed Ordered until the 50% deposit has been finalised. Commissions are secured and created on a first booked, first served basis.

FULL PAYMENT

Full payment of invoice for the commissioned pet portrait is required within seven (7) days of notification of completion of the work and after approval by the Purchaser. Portraits will not be framed or 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 Refund

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 scan

If the Purchaser is not completely satisfied with the finished work upon final scan, 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 final scan/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;
» 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;
» 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 Susanna Bertolacci.

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 scan has been approved by the Purchaser.

FRAMING

All commissioned portraits are professionally framed which is included in the price. Ordering unframed portraits is not an option. The Purchaser is encouraged to choose their framing preferences from a wide range of mouldings and finishes.

A commission can not be framed until the balance has been paid in full. 

Turnaround time for framing is 2-3 weeks. The Purchaser will be notified if there are any delays.

SHIPPING

Shipping is free worldwide. Deliveries can be made to anywhere in the world using International Freight Services or Art Couriers depending on where the Purchaser is located and the size of the portrait ordered. Depending on your country, International deliveries may be subject to local import taxes in which case, are the sole responsibility of the Purchaser.

Delivery Time

Delivery time is calculated from the time the artwork has been picked up from the framer and is solely dependant on the Purchaser’s location. Delivery within Australia is usually between 2-5 days. Delivery outside Australia may take between 4-10 days.

DAMAGE IN TRANSIT

In the unlikely event of damage, always check the package for any obvious signs of damage before signing for it, and make a note of any damage on the delivery record. 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 Susanna Bertolacci.

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.
Breaches of Copyright are subject to litigation under copyright law.

Moral Rights

The Purchaser will comply with the moral rights provisions contained within the Copyright Act 1968 (Cth) in relation to the Artist’s moral rights in the Work, being the right of the Artist:
a) to be named as the Work’s creator (the right of attribution);
b) not to have his/her Work (falsely) attributed to another (the right against false attribution);
c) to protect his/her Work from unauthorised alteration, distortion or other derogatory treatment that prejudices his/her honour and reputation (the right of integrity).

Resale of Work

If the Purchaser sells the Work to a third party during the term of the Artist’s copyright in respect of the Work, the Purchaser agrees to pay the Artist or the Artist’s estate a resale royalty:
a) in accordance with any applicable artist’s resale royalty scheme in effect under Australian law at the time of such sale; or
b) if Australian law does not provide for such a royalty at the time of sale, in an amount of 5% of the sale price exclusive of GST up to a maximum amount of $20,000.

Commissioned Work

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

Commissioned Work may be used by the Artist for promotional material but will not be used for financial gain. Because commissioned portraits are for personal use only, the Artist will not sell prints or merchandise using Purchaser’s commissioned portraits for profit without prior written consent from the Purchaser.

ACCESS TO THE WORK

Without limiting any rights that the Artist may have under Australian law, if the Purchaser intends to destroy the Work, or is aware that the Work may be destroyed, the Purchaser must use the Purchaser’s best efforts to give the Artist a reasonable opportunity to document or remove the Work or both, at the Artist’s choice. If the Artist asks the Purchaser to return the Work, the Purchaser will use the Purchaser’s best efforts to return the Work, or arrange for the Work to be returned, at no cost to the Artist.

REPRESENTATION AND WARRANTY

The Artist represents and warrants that the Artist owns all rights, including copyright, in the Work.

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.

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 shown on this website are currently valid until 31-12-2019. Prices are subject to change without prior notice.