Placement of an order
1.When the Commissioner places an order, they are doing so in acceptance of these terms and conditions.
2.The following is the Commissioning process:
- Enquiry from the Commissioner
- Consultancy - the Illustrator clarifies terms with The Commissioner, e.g. price, time scale
- Non-Refundable Deposit payment from Commissioner to the Illustrator
- Garment postage - if applicable, the Commissioner will post the Illustrator the garment
- The Design Process - the Illustrator creates 1 or more designs of the Artwork in response to the Commissioner’s brief.
- The Commissioner approves of or makes reasonable adjustments to the design. The Commissioner is allowed one (1) round of adjustments. the Illustrator is within their rights to charge a fee per round of adjustments.
- Payment - The Commissioner pays the remaining commission fee, exclusive of the Deposit. A payment plan may be agreed in writing. Once the full payment is complete, the Creation Process will begin.
- The Creation Process - this includes any process the Illustrator deems necessary for the production of the Artwork.
- Delivery of garment
Cancelling an order
3.The Commissioner is free to cancel an order within 5 days, or until the Design Process has commenced.
4.If the Design Process has commenced, the Illustrator is not obligated to refund, but may partially refund at a rate they deem appropriate.
5.Once the Creation Process has begun, no refunds are given, unless the item is faulty or missing upon delivery as fault of the Illustrator only.
Acceptance of an order
6.When an order is placed, the Commissioner will get an order confirmation sent to the email address provided during checkout, containing information about order content, prices etc.
Delivery
7.The Commissioner is free to choose from mentioned and at the time relevant delivery option(s). The Illustrator assumes no responsibility for damages during transport or damages caused from any delays beyond their control.
Returns Policy
8. No products may be returned to the Illustrator without the prior written consent of the Illustrator and may be subject to a return charge.
Ownership of copyright
9.The Illustrator shall have the right to use the Artwork for the purpose of self-promotion, unless both parties agree otherwise in writing.
10.The copyright, including all preparatory designs for the Artwork, which includes but is not limited to sketches, graphic works, project development and production drawings, models, characters, prototypes and other matters, commissioned by the Commissioner shall be retained by the Illustrator.
11.The Commissioner shall ensure the Illustrator is credited in any editorial or promotional use of the Artwork.
Payment
12.Unless stated otherwise in this Agreement, the Fee is payable in Pound Sterling, inclusive of all of the Illustrator’s expenses and preparation time.
13.All fees due to the Illustrator shall be exclusive of any applicable Value Added Tax (“VAT”) or like tax (which shall be additional).
14.If and to the extent that VAT is payable, the Illustrator will render to the Commissioner a VAT invoice.
15.At the start of the commissioning process, The Commissioner is required to pay a non-refundable deposit which covers the value of
- Consultancy
- The Design process
- Postage and Packaging
16. The Illustrator will clearly communicate the overall fee inclusive of the deposit, which should be paid on commencement of the Artwork being made.
17.The Illustrator will begin the Artwork after the Commissioner has sent the remaining or agreed upon payment.
18.Should the Commissioner fail to send full payment, the Illustrator retains the right to use the Artwork however they deem appropriate, including the reselling of the garment.
19.If said garment originally belonged to the Commissioner, the Illustrator may pay compensation to the Commissioner in the form of a partial deposit refund or through returning the garment to the Commissioner.
Deliverables
20.If the original Garment is lost or damaged at any time whilst in the Illustrator's custody, the Illustrator shall pay compensation to the Commissioner for the loss/damage of the garment at a rate to be agreed in good faith between the parties.
21. The Illustrator shall use reasonable endeavours to deliver the relevant Artwork in accordance with the specifications to the Commissioner by the agreed date and shall notify the Commissioner of any anticipated delay in which case the Commissioner may (unless the delay is the fault of the Commissioner) ask the Illustrator to deliver the relevant Artwork as agreed in the Schedule or on a mutually agreed date – whatever is the later date. The Commissioner may cancel the commission without payment in the event of the Illustrator failing to meet the thereby agreed date.
22.The Illustrator shall not be liable for any consequential loss or damages arising from late delivery of the deliverables.
23.The Commissioner shall make an immediate objection upon delivery if the Artwork is not in accordance with the brief. If such objection is not received by the Illustrator within 21 days of delivery of Artwork it shall be conclusively presumed that the Artwork is acceptable.
Guarantees
24.The Illustrator guarantees that the Artwork is original and does not infringe any existing copyright. Where the Artwork is based on reference material or visuals supplied by the Commissioner, the Commissioner will own copyright of these materials, or understand that the Illustrator can only use them for creative inspiration and cannot directly reference them.
25.The Commissioner guarantees that any necessary permissions have been obtained for the use of reference material or visuals supplied by the Commissioner or the Client and undertakes to keep the Illustrator fully and effectively indemnified against any and all claims and expenses including reasonable legal fees arising from the Illustrator's use of any materials provided by the Commissioner or the Client.
Dispute Resolution
26.In the event of any dispute between the parties, both parties will seek in good faith to resolve the dispute amicably by negotiation.
27.Either party may give the other a written notice that it wishes to refer a dispute to formal mediation (“Mediation Notice”). If within two weeks of service of a Mediation Notice the dispute has not been resolved, the parties shall then try to settle the dispute by mediation in accordance with the Model Mediation Procedure of the Centre for Effective Dispute Resolution. If that fails, or after either party has made all reasonable efforts to follow that procedure, either party may commence proceedings in a court of competent jurisdiction. Either party may at any time seek injunctive relief from a court of competent jurisdiction.
Governing Law
28.These terms and conditions are governed by the law of England and Wales and may not be varied except by agreement in writing. The parties hereto submit to the exclusive jurisdiction of the English Courts.
Liability
29. The information on this website is as accurate as possible, but no warranties are made, whether express or implied, regarding its accuracy. There are also no warranties made regarding any matters relating to the use of this website, and it is a matter for the user to ensure that their own equipment is protected from viruses or other external factors.
30.The Commissioner’s rights are protected by the Sale of Goods and Supply of Services Act, 1980, and also the Consumer Protection Act, 2007, where the Commissioner is a consumer. Nothing in this website shall affect their rights under the applicable law.
Severance
31.If any of these terms and conditions shall prove to be void, unlawful, or unenforceable for any reason then such terms or conditions shall be deemed to be severed from the remaining terms and conditions which shall remain valid and enforceable.
32.If any provision of these terms and conditions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
