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Terms and conditions


The ordering process implies verification that you have understood and agreed to the following terms and conditions. For clarity, my Privacy Policy is kept on a separate page, but should be considered an integral part of such an agreement. 

Condition/refund/replacement of artwork

Please note that photographing artwork to appear true to life is tricky. I usually take photos outside on an overcast day, or using a white balanced light in the studio and find this gives the best accuracy. Very occasionally I may digitally adjust a photograph to make it appear more like the original artwork. Generally, artworks looks better in real life, and even better once framed. All measurements are approximate-it is advisable to wait until receipt of the painting before ordering a frame. Unless otherwise stated, paintings are in oils on either canvas board, canvas or primed board unframed.

As original work, there may be minor imperfections (for example, slight dents on the edges where the surface is held by the easel which can be covered by the frame, sand or grit from painting en plein air, paint or notations on the back). These are part of the charm of original handmade work that has not been produced or printed by a machine. You may even get the odd thumbprint where work has been saved from the wind! Edges are generally unpainted, ready for framing, unless a gallery wrap style canvas which will have neutral painted edges. Signature may be on the front or back of the painting. 

 

The customer waives any right to a return or refund for a custom made product, including any framing if applicable, unless damaged in transit, or if published photos of the artwork are demonstrably different from the original artwork. In this rare event a full refund will be offered. This is on the condition that photographs of any damage, or photographs showing that the website photographs are significantly inaccurate are sent by email within 2 days of receipt, and the artwork and original packaging are returned (at the buyer’s expense) within 30 days of the order being sent. 

 

Commissions

The customer will provide all necessary information (including copyright free or copyright permitted images agreed to be satisfactory by the artist) in order to agree a timeline, a scope and a fixed price for the commissioned artwork. 

The customer will respect the artist’s creative process, style and technique as part of the artistic process involved in the creation of the commission, following discussion and agreement of the customer’s requirements. 

By paying the 50% non-returnable deposit the customer confirms that they base their decision to proceed with the commission on the artist’s body of work at the time of requesting the commission.

Minor revisions can be requested at no further cost, although if the artist does not feel the work can be improved by further modification, the customer will be offered to accept the work and pay the outstanding balance, or to terminate the agreement, forfeiting their deposit which will cover materials and time spent to date.

The final payment is due on completion by agreed payment method.

The commission will be sent by special delivery at an additional cost to be advised, unless local collection is arranged.

The copyright remains with the artist so I retain the right to use the image in any way without notice. The image cannot be reproduced without express permission, although I am always happy for images to be shared on social media as long as I am credited as the artist.

The artist retains the right to share the image on social media and website for promotional purposes - please let me know if you would like me to delay sharing in the case of a surprise gift. 

All work is signed on the back in permanent pen unless a signature is requested on the front of the painting.

Aftercare

Oil paintings are sold touch dry, with a coat of retouch varnish for protection. To maximise the life and image vitality of your painting, it is recommended that the painting is revarnished after 6 months, and kept out of direct sunlight or damp environments.  As I have no control over the destination environment I do not accept responsibility for deterioration or damage after delivery. 
 

Commission pricing

My pricelist, and quotes, are available on application without obligation. Prices are reviewed periodically.

Gift Certificates

Digital gift certificates can be ordered by email, and last 12 months. Physical gift certificates available on request.

Postage and packing
Postage is indicated at checkout. Because international postage rates vary so much, I invoice international customers separately for postage, except for certain countries where there is a clearly indicated cost at checkout. I charge approximately cost price.

Competition and giveaways 
Very occasionally I run a giveaway, draw, or competition, for example to celebrate passing a milestone number of followers or to support a charitable cause. For the purposes of this section of T&Cs, this will be referred to as a ‘giveaway’.

The structure of the giveaway is described in the relevant publicity, but here are general terms and conditions relating to any giveaway I run.

The promoter is: Julie Dunster Fine Art, whose registered office is at 1 Newlands Cottages, Cullompton Devon UK.

The giveaway is open to residents of the United Kingdom aged 18 years or over, except my close relatives, and anyone otherwise connected with the organisation, selection, or judging process. The giveaway is intended to be accessible internationally, being as it is administered on social media. Anyone over the age of 18 is welcome to enter the giveaway, provided the giveaway structure is is in accordance with any jurisdiction under which they are bound to operate. This policy can be described as “void where prohibited”.

By entering my giveaway, an entrant is indicating their agreement to be bound by these terms and conditions. 

By entering my giveaway, an entrant is indicating that participation in the giveaway does not contravene any jurisdiction under which they are bound to operate. 

There is no entry fee and no purchase necessary to enter my giveaway, although postage costs may be payable.

Route to entry for the competition and details of how to enter are in the giveaway publicity. This is on some/all of my Instagram, Facebook social media.

Closing date for entry will be published with the publicity. After this date the promoter will make reasonable efforts to announce the closure, but this may be subject to human error/forgetfulness. No further entries to the competition will be included in the giveaway, even if they may appear to have been accepted.

Only one entry will be accepted per person per channel. Multiple entries from the same person will be disqualified, except where the person enters on several channels, in which case each will be treated as a unique entry.

Qualification to enter, and to boost your chances (for example by following, sharing etc) will be described in the giveaway publicity. Where boosting involves tagging other accounts, there is a limit of 5 extra entries, regardless of how many accounts are tagged. Tagging of an entrant’s own other accounts, or celebrity accounts will not count. 

No responsibility can be accepted for entries not received for whatever reason.

The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, “act of God” or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. 

Any changes to the giveaway will be notified to entrants as soon as possible by the promoter, using the same channels as the giveaway publicity.

The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected (or not) with this competition.

The prize is as stated, and no cash or other alternatives will be offered. Prizes are not transferable. Prizes are subject to availability and the promoter reserves the right to substitute any prize with another of equivalent value without giving notice.

Winners will be chosen at random by the promoter, from all entries received. This may be done by physical means (picking from a bowl of names), or digital (random selection from a list). By entering the giveaway, you are asserting that you trust me (the promoter) to do this fairly.

The winner will be notified by email and/or DM on social media within 7 days of the closing date. If the winner does not respond within 24 hours of this notification, the promoter reserves the right to withdraw the prize from the winner and pick a replacement winner.

The promoter will notify the winner when and where the prize can be collected / is delivered.

The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.

The competition and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England.

The winner agrees to the use of their name and image in any publicity material, as well as the fact of their entry. This includes their name and whatever social media username with which they entered the giveaway. Their email and address will not be shared. 

Where the prize is a commissioned artwork, the winner agrees to the promoter sharing progress shots and end result. With their separate express permission, the promoter would also share the reference photo, if used. 

Any personal data relating to the winner or any other entrants will be used solely in accordance with current [UK] data protection legislation and will not be disclosed to a third party without the entrant’s prior consent. Please see Privacy Policy

The winner’s name will be available 7 days after closing date by reference to the social media platforms on which the giveaway has been publicised. 

My giveaways are in no way sponsored, endorsed or administered by, or associated with, Instagram, Facebook, Youtube, Pinterest, Twitter or any other Social Network. 

These terms and conditions do not affect either your statutory rights, or my standard copyright entitlement.

Workshops

Where organised by a third party and I am employed to teach the workshop please refer to their terms and conditions.

When booked privately with me the following terms and conditions apply:

1. Acceptance of terms and conditions
By completing the registration form for a particular workshop, you are agreeing to the terms and conditions set out below (“Terms”) and they will be incorporated into the contract between us (“Contract”). You will ensure that you and any other person
attending the Workshop on your behalf shall comply with these Terms. The Contract is formed when we send you a booking confirmation.

2.Payments

The fee for attending the Workshop (“Registration Fee”) will be as stated on the registration form for the relevant Workshop. All payments for the Registration Fee must be made in full at the time of acknowledgement by Julie Dunster Fine Art of the
registration form and in any event prior to 2 weeks before the Workshop unless otherwise agreed. If payment is not received within 7 days of your registration, your registration will be cancelled and the payment of any refund will be at our complete discretion. Payment will be made via Paypal or Wix (whereby you consent to us passing your necessary details to the merchant account provider and to them processing necessary information about you) directly to our bank account, or in cash on the day as notified to you. An invoice can be sent if you do not have a Paypal account.

3.Refunds
All tickets for the Workshop shall be non-refundable except as set out in paragraphs 4 and 5 below. However, if you are unable to attend the Workshop for any reason you may email us at juliedunsterart@gmail.com to provide us with the name of asubstitute to attend the Workshop on your behalf and on receipt of this email we shall make such substitution and allow the substitute access to the Workshop. We may at our discretion charge an administration fee of up to £10 for making such substitution.
4. Cancellation
Although unlikely, there may be circumstances in which we need to cancel theWorkshop. In such circumstances, we will provide you with a full refund of the amount of the Registration Fee that you have paid to us and we will make every effort to provide you with such refund within 30 days of the date of cancellation.
5. Postponement or change to venue
There may be circumstances in which we need to postpone the Workshop or changethe venue at which Workshop is to be held and if we do, we shall advise you of this as soon as we possibly can. If the postponement is for more than 6 months after the
publicised date of the Workshop or the replacement venue is more than 50 miles away from the publicised venue, you may cancel your ticket by emailing us at juliedunsterart@gmail.com and we shall provide you with a full refund.

6. Liability and Disclaimer 
Our sole liability in relation to any cancellation, postponement or change of venueshall be limited to the price paid by you for such Workshop and neither we, nor the venue, shall not be liable under any circumstances for any consequential losses.
7. Your obligations
If you act in any way which in our opinion is likely to cause any harm or nuisance to any person at the Workshop or the venue you will be required to leave the Workshop and we shall not be liable to refund your Registration Fee or any other payment.
You must comply at all times with the health and safety policy of the venue. You must comply with all requests from us or the venue with regard to health and safety and failure to do so will result in you being asked to leave the workshop (in which case no
refund will be provided). You may not bring any equipment or items of a hazardous or dangerous nature to the Workshop, including solvent that is not odourless.
You shall not cause any damage to any part of the venue - it is advised that you take steps to protect your working area, You are solely liable for any damage caused by you, to any such area of the venue and shall fully reimburse us/them in relation to any damage so caused.
You must keep your personal belongings with you at all times and we accept no liability for any damage to, loss of or theft of any of your belongings or other items brought to the Workshop by you.
8. Promotional materials and materials at the Workshop
You agree that we may include your details in any promotional materials relating tothe Workshop and/or any materials used at the Workshop. We are not liable for errors or omissions contained in such information but will do our best to ensure details are correct.
Unless otherwise stated, the copyright for any such promotional materials and any materials used at the Workshop belongs to us and may not be reproduced in any medium without our prior written consent.You may use such materials for your own personal purposes only and may not reproduce, publish or deal with such materials in any way for any commercial use, including teaching others.
We reserve the right to change the published programme or materials as we think fit, but will give due notice to change in major advertised content.
9. Photography and filming
We may wish to photograph or film the Workshop and reserve the right to do so for the purposes of promoting future workshops or otherwise. You consent to us (or any other person attending the Workshop) photographing or filming you and any persons
attending the Workshop with you. These images may be used on social media or artist’s website. Your consent for this can be withdrawn by emailing juliedunsterart@gmail.com prior to the workshop date.You may not photograph or video the Workshop without our prior consent.
10. Data protection
We will communicate with you using the contact details provided on the Registration Form for the purposes of the Workshop, and to keep you informed of future
workshops and news from the artist. If you no longer wish to receive further information please email juliedunsterart@gmail.com requesting to be removed from the database. We shall be entitled to pass on all of your contact details to the venue for security purposes if requested although they are bound by data protection.

11. Tickets
We shall not send you tickets for the workshop. We will have your name on the attendee list and if you have paid the Registration Fee you shall be provided with access to the Workshop.
12. Travel and Refreshments
You shall be responsible for making and paying for your own travel arrangements to and from the Workshop, including venue parking. If you are late at the workshop or prevented from attending the Workshop due to travel delays or any other
circumstances, we shall not be obliged to provide you with a refund or to wait to start the Workshop until you arrive. You may bring refreshments or purchase them from one of the venue’s cafes or restaurants as applicable.
13. Limitations of Liability
Whilst every reasonable precaution is taken by us to ensure security and safety at the workshop, we shall not in any way be liable for any loss or damage suffered by you whatsoever in relation to the Workshop, save that nothing in these Terms shall
be deemed to limit the liability of any person for death or personal injury caused by negligence. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, any fraudulent misrepresentation or any other liability for which it is unlawful to exclude or limit liability.
Our total liability for any matter arising out of the Contract shall in all circumstances be limited to the price paid by you for the Workshop and we shall not in any circumstances be liable to you for any consequential loss whatsoever.
14. Governing law
These Terms shall be governed by English Law and your hereby submit to the exclusive jurisdiction of the English Courts.

 

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