MARK FRAIN

Terms for the buyer

By requesting a commissioned order, the buyer agrees to the following terms and conditions in accordance with the Artists Terms and Conditions set out below.

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1. Mark as referred to here as the Artist, and you the Customer, the obligation:

   1. The Artist is under no obligation to accept a return for a commissioned artwork, except in the event that the artwork reaches the Customer damaged.

   2. If there is a dispute between the artist and the customer, regarding the final product meeting the agreed criteria, the Artist will offer assistance to rectify the art to meet the requirements.

   3. The Artist is under no obligation to create a second commission if the customer is dissatisfied with the first. 

   4. The Artist reserves the right to refund the customer should there be a clear and significant diversion from the brief or the timeline agreed with the customer.

   5. The final resolution for any and all disputes will be taken by the Artist and must be accepted by the customer in terms with these conditions set.

2. 1. The artist (also referred to as the “seller”) will respond to all enquiries from you the customer in a timely, professional and cooperative manner.

   2. The artist will communicate with the customer regarding the commission requirements.

   3. The artist will agree a “brief” with the Customer, including a timeline, a scope and set a final price for artwork and shipping (if required), before commencing the commission. When setting the commissioned artwork price the Artist shall take into account the time required to create the commissioned art.

   4. The final agreed price will be fixed unless a change is agreed with the customer. The Artist will outline to the Customer how they intend to send the artwork; e.g. framed, stretched or rolled in a tube.

   5. The Artist will agree a fixed amount for the non-refundable deposit in accordance with a percentage of the cost of the artwork (typically 50%), which will be paid to the Artist by the Customer. The deposit amount will not be changed once the transaction is underway unless expressly agreed between the Artist and the Customer, this non-refundable deposit cover the time the Artist will spend on your commission.

   6. The artist will commence with the commission once the Artist has confirmed receipt of the customer’s deposit. The artist will, do the best of his ability to carry out the commission according to the agreed brief and send regular progress updates to the Customer.

   7. If a print or photograph is commissioned, the artist hereby agrees not to sell it as a limited edition. Only one copy can be produced. If any form of artwork, other than a print or photograph (such as a painting, sculpture or relief) is commissioned, no author’s copies can be made without the express consent of the Customer. 

   8. Please note, the Artist is under no obligation to proceed with the commission if they do not wish to be bound by these terms. The Artist will be contractually bound to fulfil the custom artwork order once they agree to accept the order and the Customer has paid the non-refundable deposit.

    

   Returns & Disputes

1. 1. The Artist is under no obligation to accept a return for a commissioned artwork, except in the event that the artwork reaches the customer damaged.

   2. If there is a dispute between the Artist and the Customer, regarding the final product meeting the agreed criteria, the Artist will offer assistance to rectify the art to meet the requirements as agreed.

   3. The Artist is under no obligation to create a second commission if the customer is dissatisfied with the first. 

   4. The Artist reserves the right to refund the Customer should there be a clear and significant diversion from the brief or the timeline agreed with the Customer has past.

   5. The final resolution for any and all disputes will be taken by the Artist and must be accepted by the Customer in terms with the conditions outlined.