100% Hand Drawn by Artist Robert Shirt— No AI or Digital Filters

 

  1. Terms and Conditions of Commissioned Artwork by Mr. Robert Shirt

    Effective Date: [6/11/24]

    By placing an order for commissioned artwork with Mr. Robert Shirt, you agree to be bound by the following Terms and Conditions. These Terms constitute a legally binding agreement between you (the “Client”) and Mr. Robert Shirt (the “Artist”).


    1. Copyright and Intellectual Property

    1.1 All images and artworks on this website and those created by Mr. Robert Shirt are protected by copyright law and remain the intellectual property of the Artist unless otherwise agreed in writing.

    1.2 Any unauthorised use of images, including (but not limited to) reproducing them for logos, promotional material, websites, or commercial purposes, constitutes copyright infringement and may result in legal action, including a civil lawsuit in the Artist’s jurisdiction.

    1.3 Express written permission must be obtained from the Artist prior to reproducing or publishing any images created or displayed by Mr. Robert Shirt.

    1.4 The Artist retains the right to display any commissioned artwork (including reference photographs) on his website or other promotional platforms. Should the Client object to such use, the Artist must be notified in writing, and such requests will be respected.


    2. Commission Process and Order Confirmation

    2.1 The commission process begins once the Client has confirmed the order via email. This confirmation constitutes a legally binding contract.

    2.2 The initial email outlining the Client’s request, approval, or preferences shall serve as a formal expression of intent and will be treated as a binding agreement. Clients are advised to consider all details carefully before submitting any order request.

    2.3 Once work has commenced, the Client is obligated to make full payment upon completion and approval of the final portrait.


    3. Artistic Satisfaction and Revisions

    3.1 In the rare instance that the Client feels the completed portrait does not accurately reflect the reference photograph, the Artist will offer up to 5 free revisions.

    3.2 If dissatisfaction persists after the revision, the Client may choose to terminate the agreement with no obligation to proceed further. This option is only valid prior to approval and fixative application.

    3.3 Once the Client confirms via email that they are satisfied with the final portrait, the artwork will be considered “fixed.” No further alterations can be made after this point.


    4. Deposits and Non-Refundable Fees

    4.1 In cases where the Artist has concerns about the quality of the reference photo but agrees to proceed, a partial or full non-refundable deposit may be required.

    4.2 If the Artist has not expressed any concern regarding the photo quality, the Client may be eligible for a full or partial refund of the deposit.

    4.3 All deposits explicitly stated as “non-refundable” at the time of agreement are final. By submitting the deposit, the Client agrees to these terms.


    5. Changes and Additional Requests

    5.1 Prior to final approval and full payment, minor revisions are included free of charge.

    5.2 Requests for additional subjects or major alterations outside the agreed brief may incur an additional fee. All costs will be agreed upon in writing before further work is undertaken.

    5.3 Once the artwork is complete, no new photo requests will be accepted unless the original portrait is paid for in full.


    6. Framing

    6.1 If a frame has been ordered, payment for the frame may be required upfront due to its bespoke nature.

    6.2 Cancellations or changes to the frame are only permitted if the frame has not yet been ordered or dispatched. If eligible, a full refund for the frame will be issued.

    6.3 Frames are custom-made and non-refundable after dispatch unless faulty.


    7. Payment Terms

    7.1 Final payment is due upon the Client’s approval of the completed portrait. Payment must be made within 7 days of approval unless otherwise agreed.

    7.2 Accepted payment methods include cheque, banker’s draft, direct bank transfer, and PayPal.

    7.3 For delayed payments exceeding 30 days after approval, the Artist reserves the right to initiate court proceedings. Additionally, administrative fees will apply:

    • £28 for each follow-up email

    • £34 for each posted letter

    7.4 Exceptions may be made in special circumstances, such as holidays, with prior notice.

    7.5 PayPal’s “Pay in 3” instalment option is the responsibility of the Client. The Artist is not liable for any financial consequences resulting from missed or delayed payments via this service.


    8. Shipping and Delivery

    8.1 Delivery is typically completed within 30 days from the dispatch date.

    8.2 If the portrait has not been delivered after 30 days, the Artist will re-create the portrait at no extra cost.

    8.3 Any damages to the artwork during shipping must be reported within 7 days of receipt, with photographic evidence. If substantiated, the artwork will be recreated free of charge. Refunds will not be issued.

    8.4 The Artist cannot guarantee delivery on a specific date. Delays caused by shipping providers or illness do not constitute grounds for refund.


    9. Refund Policy

    9.1 Once payment has been made and the portrait approved, refunds will not be issued.

    9.2 Refunds are only possible if the artwork is lost or damaged in transit, and sufficient photographic evidence is provided.

    9.3 Change-of-mind after the artwork is completed does not entitle the Client to a refund or modification.


    10. Communication and Disputes

    10.1 The Artist will inform the Client of any issues affecting the creation of the artwork. If the Client chooses to proceed despite such concerns, a non-refundable deposit may be required.

    10.2 Any dissatisfaction must be raised within 14 days of receiving the artwork. No refunds or changes will be made after this time.


    11. Care and Maintenance

    11.1 Once delivered, the care of the artwork is the Client’s responsibility.

    11.2 To maintain longevity, artwork should be kept out of direct sunlight, away from heat sources, moisture, or humid conditions. Unframed portraits should be taken to a professional framer.


    12. Privacy and Data Protection

    12.1 The Artist respects Client confidentiality and complies with the EU Data Protection Act 2018.

    12.2 By providing photos for commissioned artwork, the Client consents to their use by the Artist to complete the work.

    12.3 The Artist may display completed works (including reference images) on his website and social media platforms unless the Client explicitly requests otherwise in writing.


    13. Confirmation of Intent and Binding Agreement

    13.1 The initial communication (email or text) from the Client outlining the request or approval will be considered a formal expression of intent.

    13.2 This communication forms part of the binding agreement, and cannot be withdrawn based on a subsequent change of mind.


    14. Amendments to Terms and Conditions

    14.1 The Artist reserves the right to amend or update these Terms and Conditions at any time.

    14.2 Any such changes will take effect immediately upon being published on the Artist’s website.


    15. Governing Law and Jurisdiction

    15.1 These Terms and Conditions are governed by the laws of  England and Wales.

    15.2 Any disputes arising under this agreement will be subject to the exclusive jurisdiction of the courts in that jurisdiction.


    Contact Information

    For any queries or issues related to these Terms and Conditions, please contact:


    By commissioning a portrait, the Client acknowledges that they have read, understood, and agreed to be bound by these Terms and Conditions in full.