Terms and Conditions
Terms & Conditions of Use
Use of the portrait-painting.com website (www.portrait-painting.com) or any of its services implies acceptance of these Terms and Conditions. To protect your own interests please read our Terms and Conditions carefully before accepting them. If you are uncertain as to your rights or want any explanation about our Terms and Conditions please email info@portrait-painting.com. We invite you to print these Terms and Conditions or we can email them to you upon request.
These Terms and Conditions contain the whole of our agreement relating to your purchase including information about our pricing and contact details. They cannot be varied unless an approval to do so is signed by the Owner or Director of Portrait Painting, Inc - www.portrait-painting.com
If any part of these Terms and Conditions are declared void for unfairness pursuant to the Unfair Terms in Consumer Contract Regulations 1999 the remaining contract shall continue to bind the parties excluding the specific unfair terms exception(s).
Portrait Layout
Please note our artist will paint in either a landscape or portrait layout based on his discretion. If you would prefer to opt for a certain layout please state this when placing your order.
Resale or Third Party Supply
Unless with a prior written agreement all goods supplied are for personal use only and are not to be sold or offered for re-sale. We reserve the right to refuse to supply any person or company. If you are interested in re-selling our products, please contact us in advance in order to become our affilate.
Delivery
All products are sent out via express mail service which normally takes between 3-7 business days once you have received confirmation of your order. If we expect the delivery to take longer we will notify you of any delays.
The customer will be requested to provide billing and shipping address details during the ordering process. www.portrait-painting.com will initiate the shipping to the shipping address (not the billing address), and the customer is liable to provide correct address details and to be available for delivery.
Shipping - Once your painting has been dispatched the usually time in transit is between 3-5 business days, this can vary slighting depending on worldwide location. We will not be held responsible or offer any form of refund for delays in the delivery of your portrait as this is due to a third party and is out of our control.
If there is a delay in making the final balance payment or responding to email communication within a 24 hour period then this will increase the expected delivery timeframe and customers should take this into consideration when expecting delivery of their painting.
We estimate that the total turnaround time from start to finish being 7 – 12 business days.
We will use all reasonable endeavors to adhere to the delivery times set out, but please note these are not guaranteed.
If you would like to receive your painting quicker then the stated delivery timeframe please contact us in advance to see if we are able to assist you with this request.
If the packaging on the portrait arrives damaged please check the portrait at the time of delivery. If the painting is damaged please contact the courier company directly and obtain a complaint reference. Please also notify us within forty eight hours of receiving the portrait.
Framed Paintings
If you require your painting to be framed please note you will need to allow an additional 2 business days for delivery.
Frames published on the website are sample photos, delivered frames might differ slightly depending on portrait-painting.com's actual frame stock.
Modifications
Incase you requires modifications to your painting after receiving the initial pre-view an additional 2-4 business days will be added to the normal delivery timeframe as stated under section “Delivery”.
The customer is allowed to require up to 5 modifications after receiving the preview of the painting. After the 5th modification required we consider the order as cancelled.
Payment Methods
You can place your order using secure encryption (the Internet standard for secure transactions). Our secure payment service providers are PayPal and 2Checkout. Please, review their webpages www.paypal.com and www.2checkout.com for detailed information.
www.portrait-painting.com intends to provide you with the safest and most secure shopping experience possible. Since offerings and technologies change we reserve the right to change, modify, add, or remove portions of our website at any time without prior notice.
Cancellation Of Order & Refund Policy:
You are able to cancel your order without incurring any charges within the first 24 hours. If a cancellation request is received after the stated timeframe then we will retain a 20% cancellation fee which would have been collected by advance payment.
It is not permitted for the customer to submit new photos after the painting process has begun.
Once you have received your initial pre view picture and this has been approved it is not possible to cancel your order at this stage. No refunds will be offered if the received portrait is different from the agrees preview this is due to camera, screen resolution and light effects.
Our products are all custom hand made as per customer's specification. As per the Law of the United States of America and the European Union, producers of custom made products are not obliged to provide a return / refund policy for such items.
Data Protection & Privacy Policy
We are committed to protecting your privacy and providing you with the means to make secure purchases.
We will not sell or pass the information we collect on to any third parties. Where you have given your agreement we may also use it to communicate with you by email when we have information we think may be of interest to you. In this section we refer to "personally identifiable information", which is information that enables us to identify you, such as your email address, name, and postal address. Like many e-commerce web sites Portrait Painting Inc. works with PayPal and 2checkout.com which are 100% secure online payment service providers. Our chosen partners are securely managing all customer data in accordance with consumer data protection legislation.
Contact Details
The majority of our customers are based in the USA, UK and Australia. We have set up facilities in these countries in order to receive your hardcopy photographs. If you are based in the USA, you may send your hardcopy photographs to: 14350 60th St North, Clearwater Fl. 33760. If you are based in UK, you may send your hardcopy photographs to: 10, Foxclove Close, Stanwell 10, Middlesex, TW19 7UE, London. If you are based in Australia, you may send your hardcopy photographs to: 12/45 Cordelia Street, South Brisbane - 401, QLD - Australia.
General Terms
www.portrait-painting.com will make every effort to ensure that the website and other services are available continuously but reserves the right to modify, suspend, or discontinue all or any part at any time with or without notice. Unless specifically exempted any new features, services, or software applications introduced shall be subject to these Terms and Conditions.
We reserve the right to modify or replace these Terms and Conditions at any time. Any change shall be effective immediately it appears on the site. Each time you use the service you are deemed to have accepted any such change.
We accept no liability to the fullest extent allowed by law for the accuracy of information contained on the website which may contain technical inaccuracies or typographical errors. However this provision does not affect your statutory rights and remedies. In no circumstances will Portrait-Painting.com and the owner of this domain (www.portrait-painting.com) be liable for any loss or damages, whether direct, or consequential arising out of: (a) your use of Portrait Painting site, services, or your inability to do so; (b) your reliance on any content and/or: (c) goods and services in any way associated with the site and services. (d) Taxes and duties which maybe be due in your state or country.
We will not be liable to you for any loss or damage caused by us, our directors, our employees, our agents or the owner of this domain, in circumstances where: (a) there is no breach of duty of care owed to you by us or by any of our directors, our employees or agents; (b) such loss or damage is not a reasonably foreseeable result of any such breach; (c) any increase in loss or damage results from breach by you of any of these Terms and Conditions; (d) such loss or damage relates to any business or non-consumer loss or damage including, without limitation lost data, lost profits, and business interruptions.
As also mentioned in the FAQ page, we do hire worldwide portrait artists who directly send the artwork to our customers. It is up to the artist to declare the value of the parcel, and in most cases the artist declares only the material value of the artwork. We see our role as broker between the artist and the customer.
Depending on your worldwide location (not in USA), deliveries very rarely cause import charges or import tax (custom tax), but in case they do apply, the customer is obliged to deal himself with the custom authorities of his country. UK customers may hold an increased risk of Import taxes and should consider this when placing their order. Portrait Painting, Inc. does not provide refunds for any import duties / charges that may apply to the individual customer due to their worldwide location. Such charges are usually very small. Please, contact us if this happens to you - we will provide you with a discount code (for future orders) worth the amount of tax paid. Portrait Painting, Inc. is a limited liability company, all possible liabilities are limited to the company's stock capital and the owners and directors of the company are held free of personal liability.
We do not accept any responsibility for items held or delayed by Customs.
All paintings are made to order and custom made. We will send you a photo of the completed painting for your approval. www.portrait-painting.com cannot accept the return of approved custom made paintings.
When placing your order, a 20% down payment will be requested. After the portrait-painting.com's customer has accepted the preview photo of the painting, the balance will be charged. It is agreed, that balance payments have to be initiated within 24 hours after the customer accepted the completed painting. The painting will only be shipped after the balance and shipping fees are received.
We are happy to accept hard copy photos via regular mail. We do however charge an additional fee for this service which is 50.00 USD. This fee is applied due to the fact that we need to be send the photo to our network of artists located Worldwide.
We reserve the right to alter prices for new orders without prior notice.
Prices for orders in progress will not be altered.
All products are made to order.
Copyright
All images on our site are either licensed or in the public domain because their copyright has expired. This applies to the United States, Canada, the European Union and those countries with a copyright term of life of the author plus 50 -70 years. However, mistakes do happen. If you find any content on this website that you believe to be under copyright protection, please contact us immediately and it will be removed. In addition, faithful reproductions of two-dimensional original works cannot attract copyright in the U.S. according to the rule in Bridgeman Art Library vs. Corel Corp.
For all portrait paintings as well as paintings on request customers are both responsible and liable for the images they upload or send per email. www.portrait-painting.com paints derivative works on customers' behalf based on photographs provided by the customer or stock images of public domain masterpieces. Reproductions will differ in size from the originals, and this product type will not be signed with the name of the original artist.
Our paintings are not photographic reproductions and might differ from the original in size, signature, brushstrokes and other details. Responsibility to ensure that the image is in the public domain, use is within fair use provisions or that any copyright permissions required have been granted remains with the customer.
Although www.portrait-painting.com is unable to control all of the images that our customers upload to the website or send per email, we can and will refuse to make a painting from any photo that might harm or offend individuals of other religions, races, etc. Customers are both responsible and liable for the images they upload or send.
The Website may include links to third party websites (resources page) that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that portrait-painting.com or any companies associated with www.portrait-painting.com are not responsible for the content or availability of any such sites.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of www.portrait-painting.com must be filed within six (6) months after such claim or cause of action arose or be forever barred.
