TERMS AND CONDITIONS

SHOP TERMS AND CONDITIONS

SHOP TERMS AND CONDITIONS

  1. This website is operated by staceyillu. Where these terms and conditions use terms such as “we”, “us” and “our” they refer to staceyillu.
  2. We offer this website, including all the information, tools and services available on it, on the condition that you accept these terms and conditions and the associated privacy policy available on our website.
  3. By visiting our website and/or purchasing something from us, you are deemed to have accepted these terms and conditions.
  4. You can view the most current version of these terms and conditions at any time by visiting this website page. We reserve the right to update, change or replace any part of these terms and conditions, without prior notice to you, by posting updates on this page. It is your responsibility to check this page on each visit to our website, read these terms and conditions and ensure you understand them before making a purchase.

 

GENERAL CONDITIONS

  1. We reserve the right to refuse service to anyone, for any reason, at any time.
  2. Any content that you enter onto this website may be transferred unencrypted and involve transmissions over various networks and may involve changes in order to conform and adapt to the technical requirements of connecting networks or devices.
  3. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit for commercial gain, or otherwise, any portion of any of the content on the website or any other part of the service that we offer on this website.
  4. Headings and titles used on this website are done so for convenience only. They do not constitute any part of the terms and conditions and will not limit or otherwise affect the terms herein.

 

ONLINE STORE TERMS

  1. Our website offers a range of products and or services for sale. Where we refer to an ‘item’ we are referring to a single product or service available for purchase on this website.
  2. We will take all reasonable care to ensure that the details displayed for a particular item offered for sale are correct at the time when the information was entered onto the system.
  3. Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures or finishes, what you will see on your computer monitor or equipment may differ, and so we cannot guarantee that images are an accurate representation of the actual goods or services that you are purchasing.
  4. We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:
    i) The item you have ordered is out of stock
    ii) We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent
    iii) There has been a pricing or product description error
    iv) There is a system or procurement failure
    v) You have failed our customer validation checks
  5. When you place an order you will receive an email confirming the details of your order. This email is not confirmation that your order has been accepted by us.
  6. Your order will only be accepted by us once your goods have been dispatched.

 

MODIFICATIONS TO OUR SERVICE AND PRICING

  1. Prices for items are subject to change without notice.
  2. We reserve the right to, at any time, modify or discontinue any part of the service that we offer, or any part of content thereof, without any notice to you.
  3. We accept no liability to you or to any third-party for any modification, price change, suspension or discontinuation of the service.

 

DELIVERY

  1. During checkout, you may be presented with one or more options for delivery. Where an estimated timescale for delivery is provided, this is an estimate only, and your items may be delayed in being received due to circumstances beyond our control (such as a courier delay, or at busy times).
  2. Where you select a “next day delivery” option, orders placed on Fridays, Saturdays or Sundays may not be despatched for delivery until the following Monday and so may not be received until Tuesday.

 

ORDER CANCELLATION

  1. If you wish to cancel an order you have placed you must contact us immediately to ascertain whether the items have been dispatched or not. Where they have been dispatched, you will need to return the item to us, and you will be responsible for paying the cost of returning the items. Where items have not been dispatched prior to a cancellation request, our refund policy will apply
  2. Where you have ordered a personalised, perishable or time critical item (such as food, newspapers, event tickets or e-vouchers) you may not be able to cancel for a full refund.
  3. Where you have ordered a commissioned artwork our specific commission terms and conditions will apply.

 

LIABILITY AND INDEMNITY

  1. We shall not be liable for any direct, special, indirect or consequential or incidental damages including loss of profit or loss of opportunity as a result of the use of or the inability to use any items that have been ordered on this website.
  2. You agree to indemnify us and our agents, officers, directors and employees, immediately and on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of any of our terms and conditions.

 

JURISDICTION

  1. These terms and conditions shall be governed in accordance with English Law and are subject to the exclusive jurisdiction of the courts of England & Wales.

 

ENTIRE AGREEMENT

  1. These terms and conditions combined with our published Privacy Policy (also available through this website) and Refund Policy (also available through this website) constitute the entire agreement between the parties and supersede any and all preceding and contemporaneous agreements between you and us whether written or oral.

 

GENERAL

  1. Should any part-term or term be found to be unenforceable then the remainder of the terms and conditions shall continue to have full force and effect as if the invalidated term was not present.
  2. Should any delay or failure to comply with our obligations under these terms and conditions arise where it is beyond our reasonable control, we will not be responsible to you for such delay or failure nor liable for any loss that you incur, howsoever caused.
COMMISSION TERMS AND CONDITIONS

COMMISSION TERMS AND CONDITIONS

Please read these terms and conditions carefully. Any payment towards a commission implies that you have read, understood and accepted these terms and conditions.

 

ACCEPTANCE

It is not necessary for the Customer to have signed any document for these terms and conditions to apply. If the Customer commissions an artwork and makes any payment towards this then the Customer will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

 

PRICE QUOTATIONS

The artist will agree a brief with the customer, including a timeline, a scope and set a final price for artwork and shipping, by sending a Commission Details form.  This will need to be agreed before commencing the commission.

Charges for services to be provided by The Artist are defined in the Commission Details form that the Customer will receive via email. Quotations are valid for a period of 30 days. The Artist reserves the right to alter or refuse to honour a quotation after expiry of the 30 days.

 

PAYMENTS

Once quotation is agreed payment will be required in full before The Artist commences work on the Commission.

A link will be sent by email which can be used to make payment by card on staceyillu.com.

 

ANTICIPATED COMPLETION

The Artist will set out a Projected Completion Date in the Commission Details form.  This is the date The Artist intends to complete this artwork by and all efforts will be made to achieve this but this is not a guaranteed date.

Projected Completion Date refers to when the art will be completed and not when it will be delivered.

  • Physical art will be posted at the first opportunity after completion and the delivery timescale after that will depend on Royal Mail.
  • Digital art will be sent to the customer as soon as possible after completion and will be sent by email.

All attempts will be made to complete the artwork by the Projected Completion Date but in the case of unforeseen circumstances, the customer will be notified of any delays within 72 hours of the due date or as soon as a delay is caused.

 

TERMINATION BEFORE COMPLETION OF COMMISSION

If the Customer terminates:

There is a 72 hour cooling off period being at the time payment is made towards a commission.  If the Customer chooses to terminate the services of The Artist within this period the payment will be returned to the customer minus a £10 admin fee.

If the customer requests to terminate the commission after the cooling off period has ended a percentage of the commission price will be retained by the artist based on the percentage of work undertaken.  The customer will be refunded the balance not retained.   A minimum fee of 50% is retained in all cases:

  • 50% or less completed – 50% of payment retained.
  • 60% completed – 60% of payment retained.
  • 70% completed – 70% of payment retained.
  • 80% completed – 80% of payment retained.
  • 90% or above completed – 100% of payment retained.

The scale of the charge will be dependent on the discretion of The Artist to decide on the stage of the project at the time of cancellation.

All refunds will be made by bank transfer and the customer will be required to supply accurate bank details for this to take place.  It is the responsibility of the customer to ensure bank details supplied are accurate and correct. The artist accepts no liability for refunds not reaching the customer due as a result of customer error and in such cases the refund will be deemed to have been made.

 

If the Artist is unable to fulfil the commission:

If The Artist chooses to terminate the contract as they are unable to fulfil the commission at any time they will return any payment received in full.

 

Communication breakdown:

If communication breaks down on the part of the Customer for a period of 30 days (that is, the Customer fails to reply to a communication from The Artist) The Artist will issue a warning email. If this warning email is not replied to (and communication does not resume) within a following period of 30 days, The Artist reserves the right to terminate the commission.  In this event, all payments made will be retained by The Artist and the commission will be cancelled.

If the Customer wishes to continue the commission at a later date they will be required to request a new project quotation, agree new Commission Details Form and pay the new fee in full.

No work will be carried out on the Commission during any period of non-communication.  Should the commission resume any such time will be added on to the projected completion date.

 

UPON COMPLETION

Approval: Upon completion, the Artist will supply images of the completed work for the Customer’s approval.

Revisions: Satisfying the customer is of utmost importance but there are limits to what will be altered at the request of the customer. The Artist will only make revisions that are within the confines of existing style and that do not clash with the mission or vision of the artist. This is for the intent of staying committed to business purpose and brand. Any revisions made will only be minor and must be in keeping with the original brief for the artwork.

 

CHANGES DURING THE COMMISSION

It is not usually possible to change a commission once started. However on the rare occasion that this is possible then any alterations to the commission will need to be made in writing [by email].  The artist will review the request and inform the customer whether or not any changes will be possible.  Any changes may also occur an extra fee especially where they will require extra work / time to undertake or where they require work to be redone.

 

COPYRIGHT

The Artist declares that the piece of artwork created will be an authentic, original and unique piece of art of her own creative efforts and executed by her. The artist retains all copyright of the produced artwork. The Customer retains ownership of the artwork but may not reproduce it in any form, without the artist’s consent. The Customer is allowed to share on Social media.

Ultimately this means that the customer has permission to share the work publicly on social media and use it on display for private use but any reproduction of the work, especially reproductions that will be used for profit or commercial uses, is strictly prohibited unless approved by the artist in writing. Failing to do so is a crime and may result in legal action.

Unless the Customer gives written permission to do so, the Artist will not reproduce the Commissioned Artwork & its usage will only be used for marketing purposes on The Artists website, social media pages and print if applicable. If the Customer is unhappy about the artwork being displayed, they must declare this upon placing the commission.

 

SHARING OF ART

Social media sharing and other public sharing of artwork are vital for marketing purposes of the Artist. This includes, but is not limited to, artwork potentially being displayed on artist’s Facebook, Instagram, Twitter, website, studio, brochures, web and print advertisements and business documents. The Customer consents to completed work, as well as reference photos, being used for these purposes.

If there are things that the customer does not consent to being used this way, then they must be requested and agreed beforehand and will be stated in the Commssion details. (This may result in a higher price as it ultimately hurts the Artist’s ability to advertise business representatively)

 

CUSTOMER PRIVACY

At the request of the customer the artist will agree to hold off on the sharing of artwork if that is necessary for the plans of the customer (such as surprise birthday gifts, etc). This must be requested and agreed beforehand and be stated in the commission details.

 

GIVING CREDIT

When sharing work publicly, either online or in person, the Customer agrees to give the Artist credit though clear and visible labelling, tagging or verbal acknowledgement. Obstruction or concealment of the signature is prohibited.

 

DELIVERY

Delivery for PHYSICAL Art: Delivery will be provided by royal mail at the relevant delivery fee which will take into account the size of the artwork and the value to ensure it is appropriate covered by insurance should it be lost or damaged in transit.  The cost for delivery and the delivery address will be specified in the Commission Details Form.

Delivery for DIGITAL Art: Digital art will be delivered by email attachment to the email address specified in the Commission Details Form.  If the file size is too large to allow sending by email attachment then the file will be uploaded to a file sharing service, such as Google Drive, and a link will be emailed to the customer for them to download the artwork.  The Artist will leave the link available for 2 weeks after it is sent.  It is vital that the Customer downloads the files to a secure location as soon as possible.

 

DUPLICATE COPIES

Should customer require more than one copy of physical art work then any duplicate copies will be considered a separate commission.  A separate Commission Detail will need to be agreed and will be charged at the appropriate rate.

 

RETURNS & DISPUTES

With Commissions all sales are final and The Artist is under no obligation to accept a return for a commissioned artwork, except in the event that the artwork is lost in transit or reaches the customer damaged in which case a replacement will be provided. Replacement is only provided where the artwork is damaged in shipping. No replacement will be provided if the damage has been caused by the customer or anyone other person after delivery has been accepted.

In order for any replacement of damaged artwork the customer will need to return the damaged artwork to the Artist.

In order for any replacement of lost artwork the customer will need to provide the artist with any information requested to enable the artist to lay a claim with Royal Mail or through insurance.  No replacement will be provided if the customer fails to assist the artist with this.

 

GOVERNING LAW

If either of the parties is not a UK resident then the UK Governing Law will apply to this agreement.

Please note: Due to the Christmas holidays, all orders will be shipped starting after the 23rd. Thank you for your understanding!

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