Terms & Policies.

Welcome to Endear Portraiture! I am thrilled to have you considering my services for your custom portrait.

Please carefully review the following terms and policies as they govern your use of the Endear Portraiture website and the commissioning process:

A. Acceptance of Terms: By using the Endear Portraiture website or commissioning a portrait from Endear Portraiture, you agree to abide by these terms of service in their entirety.

B. Commission Process: The portrait commission process involves several steps, including consultation, reference photo submission, proposal acceptance, payment of deposit, portrait creation, review and approval, final payment, and delivery. By commissioning a portrait, you agree to participate in each step of the process and provide necessary information and feedback in a timely manner.

C. Intellectual Property Rights: Endear Portraiture retain all intellectual property rights to the works created during the commission process, including but not limited to copyright and reproduction rights. You may not reproduce, distribute, or sell the work without prior written consent from Endear Portraiture.

D. Use of Reference Photos: By providing reference photos of your pet for the commission, you certify that you have the legal right to use and distribute these photos for the purpose of creating the portrait. Endear Portraiture reserves the right to refuse any reference photos that are deemed inappropriate, offensive, or violate copyright or privacy laws.

E. Insitu Photos: Please note that the in situ photos provided are for illustrative purposes only and serve as examples of how the artwork may appear in a living space.

F. Framing: It's important to clarify that my services do not include framing. To ensure the artwork complements your interior decor to your satisfaction, I recommend arranging framing separately according to your personal preferences and style. This allows for greater customisation and ensures the artwork seamlessly integrates into your home or workspace.

G. Customer Responsibilities: As a customer of Endear Portraiture, you agree to provide accurate information, including pet details and contact information, throughout the commission process. You are responsible for reviewing and approving the final portrait before it is delivered or shipped. Any errors or inaccuracies identified after approval are not the responsibility of Endear Portraiture. 

H. Limitation of Liability: Endear Portraiture is not liable for any damages, losses, or expenses incurred as a result of using our services or commissioned work. In no event shall Endear Portraiture be liable for any indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of our services or work.

I. Modification of Terms: Endear Portraiture reserves the right to modify or update these terms of service at any time without prior notice. It is your responsibility to review the terms periodically for changes.

J. Governing Law: These terms of service shall be governed by and construed in accordance with the laws of Tasmania without regard to its conflict of law provisions. 

1.Terms of service

At Endear Portraiture, we aim to make the payment process simple, transparent, and convenient for our valued customers. Please review our payment policy outlined below:

A. Commission Deposit: Upon agreeing to proceed with a pet portrait commission, a non-refundable deposit is required to secure your slot in my schedule. The deposit amount is 50% of the total portrait cost.

B. Payment Methods: I accept payments via PayPal, bank transfer, or other agreed-upon methods. All payments must be made in the currency specified in the invoice or proposal.

C. Payment Schedule: The remaining balance of your portrait commission is due upon final approval of the completed artwork sent by email. I will send you an invoice for the remaining balance, including any applicable taxes and incidentals, once you have provided final approval of the completed artwork. The artwork will not be shipped or released until full payment has been received and cleared.  

D. Price Exclusions: The prices contained within the website exclude framing (please refer to item F of Terms of Service), postage and any additional changes.

D. Cancellation Policy: In the event that you need to cancel your commission after the deposit has been paid, the deposit is non-refundable. 

E. Additional Charges: Additional charges may apply for custom requests, changes to the original agreement, rush orders, or shipping fees. Any additional charges will be clearly communicated and agreed upon before proceeding with the commission.

2.Payment Policy

3.Returns Policy

At Endear Portraiture, I strive to ensure that every pet portrait commission meets or exceeds your expectations. However, I understand that there may be circumstances where a return or refund is necessary. Please review the returns policy below: 

A. Satisfaction Guarantee: I stand behind the quality of my work and aim to provide you with a pet portrait that you will cherish for years to come. If, for any reason, you are not satisfied with the final portrait, please contact us within 7 days of receiving your order to discuss your concerns.

B. Eligibility for Returns: Returns are accepted for portraits that have significant defects or inaccuracies compared to the provided reference photos. Returns are not accepted for portraits that accurately represent the pet based on the reference photos provided at the time of commissioning.

C. Return Process: To initiate a return, please contact me via email or phone to discuss the reason for your dissatisfaction and provide supporting evidence, such as clear photographs highlighting the issue. Once your return request is approved, I will provide you with instructions on how to return the portrait safely and securely.

D. Refund or Exchange: Upon receiving the returned portrait and verifying the issue, I will offer you the option of a refund or an exchange. If you choose a refund, the original payment method used for the purchase will be credited within 7-10 business days. If you prefer an exchange, I will work with you to create a new portrait that addresses the identified concerns.

E. Return Shipping Costs: Customers are responsible for covering the cost of return shipping unless the return is due to my error or a significant defect in the portrait. I recommend using a trackable shipping service and purchasing shipping insurance to ensure the safe return of the portrait.

F. Non-Returnable Items: Customised portraits that accurately represent the pet based on the provided reference photos are non-returnable. Gift certificates and digital products are non-returnable and non-refundable.

4. Privacy Policy

Endear Portraiture is committed to protecting your privacy and ensuring the security of your personal information. This privacy policy outlines how I collect, use, and safeguard the information you provide to me.

A. Information I Collect: When you commission a pet portrait from me, we may collect personal information such as your name, email address, mailing address, and phone number. I may also collect reference photos of your pet for the purpose of creating the portrait.

B. Use of Information: I use the information collected to communicate with you about your portrait commission, including sending updates on the progress of your portrait and notifying you of any changes or issues. Your contact information may also be used to send promotional materials or special offers related to my services, but you have the option to opt out of receiving such communications.

C. Data Security: We take reasonable measures to protect the personal information you provide to me from unauthorised access, disclosure, alteration, or destruction. All sensitive information is encrypted and transmitted securely.

E. Party Disclosure: I do not sell, trade, or otherwise transfer your personal information to third parties without your consent, except as required by law or to fulfill the purpose of your commission. 

F. Website and Social Media Photos: By commissioning a pet portrait from Endear Portraiture, you grant me permission to publish photos of the finished portrait on the website and social media accounts for promotional purposes. If you do not wish to have photos of your portrait published, please notify me in writing at the time of commissioning.

G. Cookies: The website may use cookies to enhance your browsing experience. You have the option to disable cookies in your browser settings, but please note that some features of the website may not function properly as a result.

5. GIFT VOUCHERS

A. Validity: Gift vouchers are valid for 2 years from the date of purchase. The expiration date will be clearly stated on the voucher.

B. Redemption: Vouchers can be redeemed only for pet portrait commissions by Rachel Wolfe. To redeem, the recipient must contact Rachel Wolfe to schedule the commission and provide the voucher code.

3. Non-Transferable: Gift vouchers are non-transferable and cannot be exchanged for cash. They are intended for the recipient only and cannot be used by others.

4. Partial Use: If the full value of the voucher is not used in one transaction, the remaining balance can be applied to future commissions within the validity period.

5. Refunds: Gift vouchers are non-refundable. No refunds or exchanges will be provided for unused vouchers.

6. Booking: Commission slots are subject to availability. Recipients are encouraged to book their portrait sessions early to secure a spot.

8. Customisation: Gift vouchers can be used towards custom pet portrait commissions only. Additional charges may apply for specific custom requests or upgrades.

6.PROMOTIONS

A. Spring 20% Off Promotion:

  1. Discount Details: A 20% discount will be applied to the total cost of the pet portrait commission.

  2. Promo Code: The promo code SPRING24 must be used at the time of booking to receive the discount.

  3. Validity Period: This offer is valid from the date of receipt until November, 2024.

  4. Commission Availability: Commissions are limited and will be fulfilled on a first-come, first-served basis. Booking early is recommended to secure your spot.

  5. Payment: A 50% deposit of the full price is required to confirm your booking. The discount will be applied to the final payment.

  6. Non-Transferable: This offer is non-transferable and cannot be combined with any other promotions or discounts.

  7. Cancellations: In the event that you need to cancel your commission after the deposit has been paid, the deposit is non-refundable. 

  8. Modifications: The terms and conditions of this offer are subject to change at the discretion of the business. Any changes will be communicated promptly.

A.By commissioning a pet portrait from Endear Portraiture, you acknowledge that you have read and agree to the Terms & Policies and you agree to adhere to the terms outlined in this Terms & Policies.

B.Endear Portraiture reserves the right to update or modify all or any part of the Terms & Policies at any time without prior notice.

C.If you have any questions or require clarification on any aspect, please feel free to contact me.

7.GENERAL

6.DEFINITIONS

A.The term ‘Endear Portraiture’ includes Endear Portraiture and the artist, Rachel Wolfe, jointly and severally.

Thank you for choosing Endear Portraiture to create a beautiful portrait.