Terms and Conditions for Commissioned Artwork by Eugenia Smirnova

Terms and Conditions for Commissioned Artwork by Eugenia Smirnova

The Artist: Eugenia Smirnova

The Client: Any individual who purchases artwork through this website or directly from the Artist.

Commissioned Artwork/Commission: Services and products acquired by the Client from the Artist.

Please carefully review these terms and conditions before commissioning artwork from Eugenia Smirnova, hereafter referred to as the Artist. By making a payment for a commission, you, the Client, acknowledge that you have read, understood, and agreed to these terms and conditions.

ACCEPTANCE

The Client's acceptance of these terms and conditions is implied upon commissioning the Artist or making a purchase through this website. However, no signature is required for these terms and conditions to apply.

PAYMENT FOR COMMISSIONED ARTWORK

The Client may choose to pay for commissioned artwork in full or in installments. The initial payment reserves the Client's position on the Artist's schedule. If the Client opts for installments, each payment must be completed by the agreed-upon date(s) between the Artist and Client. Artwork will not be shipped until all outstanding balances are paid in full.

PAYMENT METHODS

The Client may make payments for commissioned works using Visa (credit and debit cards), MasterCard (debit and credit cards), American Express, Discover, Diner's Club, JCB, Apple Pay, and PayPal. Alternative payment methods, such as mailed checks, cash, or Venmo, can be arranged by contacting the Artist directly.

REFUNDS

The Client is eligible for a full refund within 7 days of payment without any required explanations. In the case of installment payments, refunds can only be granted within seven days of the initial payment. To request a refund, the Client must contact the Artist via email at [Artist's email address] within these 7 days. Refunds after 7 days can only be issued if the commissioned artwork is damaged during shipping or if the Artist cancels the commission. Refunds for shipping damage are subject to the discretion of the shipping provider. If the Artist cancels a commission, a full refund is guaranteed to the Client.

RETURNS AND EXCHANGES

Due to the personalized nature of each commissioned artwork, returns and exchanges are not accepted.

COMMISSION DENIAL

The Artist reserves the right to decline any commission requests. If the Client has already made a payment, the Artist will provide a full refund of the amount paid.

TERMINATION OF COMMISSIONED ARTWORK

Both the Client and the Artist have the right to terminate a commission at any time.

If the Client chooses to terminate:

  • The Artist is not obligated to refund any payments made unless the Client requests termination within 7 days of the initial payment.

  • The Client is not responsible for any further payments upon termination.

  • If the commissioned artwork has already been initiated at the time of termination, the Artist may complete the commission for resale or other purposes.

If the Artist chooses to terminate:

  • The Artist is required to refund any payments made towards the commission, regardless of the commission's status.

ADJUSTMENTS

While the Artist strives for customer satisfaction with each commissioned artwork, minor adjustments may be necessary. Minor adjustments, as determined by the Artist, are provided at no extra charge. Major adjustments, which involve changes deviating from the original reference photographs or contradicting information provided by the Client at the time of purchase, may incur additional costs. Special requests must be communicated at the time of purchase to minimize the need for major adjustments. The pricing for major adjustments will be agreed upon between the Client and the Artist.

PRICING

The pricing for commissioned artwork on this website is subject to change without prior notice. If the Client has opted for installment payments and a price change occurs, the remaining balance will not be affected by the price adjustment. In the event of a sale during the installment payment period, the discount will be applied to all installments, regardless of the sale status.

TIMELINE OF COMPLETION

The Artist provides an estimated completion date for each commissioned artwork. The estimated dates can be found on the Artist's website before purchasing and are communicated to the Client within 24 hours of their purchase. The Client acknowledges that the provided completion date range is an estimation and not a guarantee. The actual completion date may vary by any number of days from the original estimation. If there are any delays in completing the commissioned artwork beyond the initial estimation, the Artist is responsible for communicating these delays to the Client.

SHIPPING

The Artist ships commissioned artwork with dimensions up to 20"x24" using USPS Priority mail. For artwork measuring 24"x30" or larger, FedEx Ground is used. Shipping within the United States is free of charge. If the Client prefers a different shipping provider, they may request it, but any additional costs will be the Client's responsibility. Once the commissioned artwork is in the possession of the shipping carrier, the Artist is not responsible for any shipping delays. International shipping is available upon request, and the Client will be responsible for the associated shipping costs if located outside of the United States.

POSTAL DAMAGE AND LOSS

The Artist takes great care in packaging each commissioned artwork to prevent damage during transit. However, any damage that occurs during shipping is not the responsibility of the Artist. All commissioned artworks are insured through the shipping provider. In the event that the commissioned artwork is received damaged, the Client may be eligible for a full refund. To be eligible, the Client must document the condition of the package and artwork by taking photographs upon receipt and return the artwork to the Artist in the same condition. The Client is responsible for the shipping fees incurred when returning the commission. The Artist will initiate a case with the shipping provider to seek a refund for the cost of the commission. If a refund is granted to the Artist, the Artist agrees to provide the Client with a full refund. As of the last update of this document (August 22, 2021), no instances of shipping damage have been reported.

USE OF ARTWORK

The copyright of the commissioned artwork remains with the Artist under all circumstances. The Artist has the right to use the image of the commissioned artwork for any purpose, including advertising. The Client is granted the right to display and enjoy the commissioned artwork for personal use. If the Client chooses to share images of their commissioned artwork on social media, they must credit the Artist. Without written permission from the Artist, the Client may not reproduce or distribute prints or copies of the commissioned artwork. The Client is prohibited from profiting in any way from their commissioned artwork.

DIGITAL IMAGES

Please note that digital images displayed on the Artist's website or sent electronically to the Client may not accurately depict the commissioned artwork due to individual screen and color differences. The Artist makes every effort to present each commissioned artwork as accurately as possible.

CHANGES TO THESE TERMS AND CONDITIONS

The Artist reserves the right to modify these Terms and Conditions at any time. The date of the last edit will be indicated at the end of this document.