1. Introduction
These Terms and Conditions (“Agreement”) govern the commissioning of custom artwork (“Commission”). By entering into this Agreement, both the Client and Cornish Galleries agree to abide by the terms and conditions set forth herein.
2. Commission Process
2.1 Request for Commission: The Client shall provide a request through the commissioning form on www.cornishgalleries.com.
2.2 Artist Selection: Cornish Galleries will propose one or more artists whose style aligns with the Client’s request. The Client will have the opportunity to review and select an artist.
2.3 Pricing and Payment: Cornish Galleries will provide a quote for the Commission, which includes the artist’s fee, materials, and any applicable taxes or fees. On acceptance, Cornish Galleries will create an online product for the commission – ordering this bespoke product constitutes acceptance of these terms and conditions.
3. Artwork Creation
3.1 Artistic Freedom: The Artist shall have creative freedom in executing the Commission, but will make reasonable efforts to incorporate the Client’s preferences as discussed during the initial request.
3.2 Progress Updates: Cornish Galleries will provide periodic updates to the Client on the progress of the artwork.
3.3 Completion and Acceptance: The Client will have the opportunity to review the completed artwork. If the Client is satisfied with the artwork, they will accept it. If not, Cornish Galleries and Artist will work together with the Client to address reasonable concerns and make revisions if necessary.
4. Ownership and Rights
4.1 Ownership: Upon completion and full payment, the Client will own the commissioned artwork.
4.2 Copyright: The Artist retains the copyright to all works commissioned by the Purchaser, including all reproduction rights and the right to claim statutory copyright. No artwork may be reproduced or altered without the written consent of the Artist.
5. Delivery and Shipping
5.1 Delivery Date: Cornish Galleries will provide an estimated delivery date for the artwork, taking into account any necessary drying or curing time for the medium.
5.2 Shipping Costs: Shipping costs, insurance, and handling fees associated with the Commission are provided by the Artist and included in the cost.
6. Cancellation and Refunds
6.1 Cancellation by Client: If the Client cancels the Commission before completion, the Client forfeits the fee paid.
6.2 Cancellation by Artist or Cornish Galleries: In the unlikely event that the Artist or Cornish Galleries is unable to complete the Commission, any funds paid by the Client will be fully refunded.
7. Dispute Resolution
Any disputes arising under or in connection with this Agreement shall be resolved through negotiation and, if necessary, through mediation or arbitration in accordance with UL law. Both parties agree to make good-faith efforts to resolve any disputes amicably before pursuing legal action.
8. Confidentiality
Both the Client and Cornish Galleries agree to keep all information related to the Commission confidential, including but not limited to design discussions, pricing, and payment details.
9. Miscellaneous
9.1 Entire Agreement: This Agreement constitutes the entire understanding between the Client and Cornish Galleries concerning the Commission and supersedes any prior agreements or understandings, whether written or oral.
9.2 Amendments: This Agreement may only be amended in writing and signed by both parties.
10. LAW AND JURISDICTION
These Terms and any non-contractual obligations arising from or in connection with them shall in all respects be construed and take effect in accordance with English law and both parties agree to submit to the exclusive jurisdiction of the courts of England.
