SALES AND PURCHASE AGREEMENT

The Artist agrees to sell the Work 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 framing and delivery costs, if applicable.

ORIGINAL ART & PRINTS

Original Artwork and Limited Edition Prints displayed on this website are available for purchase unless stated with "N/A" (Not Available). Requests for additional photos and/or information about an artwork are welcome and encouraged before purchasing.

Payment

Payment is required in full within seven (7) days of invoice date.

Payment can be made using Direct Bank Deposit/Transfer, Credit/Debit Card via PayPal, or Cash for local pick-ups or deliveries.

Artwork will not be dispatched until full payment has been received.

Guarantee

A 100% Customer Satisfaction Guarantee is applicable on all Original Art and Limited Edition Prints displayed on this website, and excludes Commissioned or Custom Works.

Refunds

If the Purchaser is dissatisfied with the Work upon receivership, 100% of the purchase price will be refunded to the Purchaser once the Work and it's Certificate of Authenticity has been received by the Artist.

The Purchaser must contact the Artist via email requesting a refund within three (3) days from date of receiving the Work. The Purchaser will then be supplied with a Returns Form which must accompany the Work. The Purchaser will also be supplied with instructions for the return of the Work.

The Work must be sealed and returned in it's original packaging to the Artist within 10 days of notification to the Artist. Artwork must be free of damage (including frame), not defaced or altered in any way for a full refund to be granted. If the Work has been damaged, defaced or altered, a partial refund may be given and is solely at the Artist's discretion. A partial or full refund is not obligatory under these Terms and Conditions for damaged Works.

Freight costs incurred for the return of the Work to the Artist, are the sole responsibility of the Purchaser.

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

COMMISSIONS

Commissions in oil, pastel or graphite are individually quoted and will attract a 20-40% surcharge, depending on the medium, style and complexity of the Work commissioned. The Purchaser is under no obligation to accept this quote.

Pet Portrait Commission price guide can be found here.

Commission Deposit

A non-refundable 30% deposit of the total price, which may be inclusive of framing and delivery costs (if applicable), is payable within three (3) days of receipt to the Purchaser and before a commissioned Work can commence. A commissioned Work will not be secured or deemed ordered until the 30% deposit has been received by the Artist. Commissioned Works are secured and created on a first booked, first served basis. The Purchaser will be advised of a start and finish date upon commission enquiry.

Commission Final Payment

Final payment for commissioned Work is payable only after the final scan/photograph of the finished piece has been approved by the Purchaser.

If the Purchaser is not completely satisfied with the finished Work upon it's final scan/photograph, and will not allow amendments to be made to the Work, the Purchaser is not required to make any other payments and the Work will then remain the property of the Artist. The Artist then has the right to sell the Work or reproduce the Work.

Payment

Payment is required in full within seven (7) days of invoice date.

Payment can be made using Direct Bank Deposit/Transfer, Credit/Debit Card via PayPal, or Cash for local pick-ups.

Amendments To The Commissioned Work

The Purchaser can request adjustments or changes 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.

Refunds

Refunds or exchanges are not available on custom or commissioned Work, and should not be necessary as the final payment is made only after the artwork's final scan/photograph has been approved by the Purchaser.

Digital Mock-Ups For Commissioned Work

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.

 

CERIFICATE OF AUTHENTICITY

A Certificate of Authenticity is issued with each Limited Edition Print, Original Artwork and commissioned Work.

DELIVERY

Delivery can be made to anywhere in the world using Australia Post, International Freight Services or Art Couriers depending on where the Purchaser is located and the size of the portrait purchased. Delivery to outside Australia may be subject to local import taxes in which case, are the sole responsibility of the Purchaser.

Delivery Time

Delivery time is estimated from the time full payment has been made to the Artist or when the Work has returned from the framer, and is solely dependant on the Purchaser's location. Delivery within Australia is usually between 3-5 days. Delivery outside Australia can take between 5-21 days.

Damage In Transit

In the unlikely event of damage, the Purchaser must 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 Work has been damaged during transit, photographs must be taken of the damaged Work 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 artwork. 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

The Artist retains all intellectual property, including all copyright in the Work, which includes commissioned Work, 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 8% of the sale price exclusive of GST up to a maximum amount of $20,000. 

COMMISSIONED WORK DISPLAY

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

Commissioned Work may be used by the Artist for promotional material.

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 displayed on this website.

GOODS AND SERVICES TAX

All prices shown on this website are in AUD (Australian Dollars) 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 31-12-2016. Prices are subject to change without prior notice.

 

 

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All images, text and website content is © Copyright Susanna Bertolacci 2016. Unauthorised reproduction in any way is strictly prohibited. All rights reserved.