Terms and conditions

Introduction

This website is operated by Lucy Webster Fine Art and is hosted on Squarespace. Squarespace provides Lucy Webster Fine Art with a platform that allows display and sale of products and services. To ensure efficient running of this website, Squarespace collects certain data from you, the user, some of which may be personal. For more information about the data collected and stored by Squarespace and your rights as a consumer, please read the Privacy Policy.

Lucy Webster Fine Art offers this website, it’s information, products, and services to you, the user, in accordance with your acceptance of all terms and conditions and policies stated on this site. By accessing this website and/or purchasing a product or service, you are engaging in the services provided by Lucy Webster Fine Art and agree to be bound by the following Terms and Conditions; this includes additional terms and conditions or policies referenced on this page and accessible via links. These Terms and Conditions apply to all users of this website, including those who are browsers, customers, merchants and contributors to Lucy Webster Fine Art in any way.

Before continuing to use this site, please read these Terms and Conditions and ensure you are in acceptance and understand all information outlined below. By viewing or using any part of this website, you agree to be bound by these Terms and Conditions. If you do not agree in whole or in part to these Terms and Conditions then please do not continue to use the site. By continuing to browse, access and use this site, you are agreeing to your acceptance of these Terms and Conditions. Any new features, products or services that are added to this site will also be covered by these Terms and Conditions. It is your responsibility to ensure you have read and understood the latest version of these Terms and Conditions. You can view the current version at any time via this page. Lucy Webster Fine Art reserves the right to update, change or replace any part of these Terms and Conditions at any time. The headings used in these Terms and Conditions are included for convenience and ease of understanding only, and will not limit or affect the validation and/or enforcement of these Terms and Conditions.

Section 1 - COPYRIGHT/INTELLECTUAL PROPERTY

Rights to all artworks, including commissioned pieces, originals, prints, cards, products and services, are fully retained by the artist Lucy Webster. Any work created by the artist can be freely used by the artist for promotional and commercial purposes and any other circumstance that may arise in the future.

Artwork, products, information outlined on this website and any other documentation that is provided by the artist (such as the Artwork Care Guide included with commissioned work and the Guide to Choosing A Reference Photo) must not be copied, reproduced, or commercially exploited in any way by anyone but the artist unless the artist has given written consent. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of this site and it’s contents, or any contact on the website which is used to provide site services, without permission expressly written by Lucy Webster Fine Art.

Section 2 - Payments and deposits

(a) COMMISSIONS - To secure a space in the commission schedule/waiting list, you must fill out the following form and pay a deposit at time of booking. More information on the commission process can be found here. If added to the waiting list the process is exactly the same with the only difference being that during the initial communication stage, the artist will designate an approximate month in which you can expect to have your commission started. Closer to this timeframe the artist will then confirm an exact start date along with approximate completion date.

Once a drawing is finished, the client will be sent a watermarked photograph to check and give final approval. Once the client confirms they are 100% satisfied, the drawing will be labelled as complete and be packaged up ready for shipping. The client must then pay the remaining balance via their chosen payment method before the artwork is shipped.

Payment is accepted via PayPal or bank transfer - please note that bank transfer is only available for UK customers.

Lucy Webster Fine Art reserves the right to refuse this service to anyone at any time and for any reason. In any case where the artist cannot continue and/or complete a commission under any circumstance, the artist will do their best to provide a timely written notice to the client, and in some circumstances any payments already made may be returned. Lucy Webster Fine Art is not responsible for any issues relating to payment processing or services provided by PayPal or clients’ banking providers, and clients are responsible for ensuring they fully understand Terms and Conditions and Privacy Policies associated with these third-party sites.

(b) PRODUCTS AND SERVICES - the products and/or services provided via the online shop can be purchased using PayPal or most credit/debit cards. Payment through the online shop where use of credit/debit cards is involved is processed by the online payment processing system Stripe, in association with Squarespace. Please understand that your content and personal data may be transferred unencrypted via these systems to ensure the smooth running and processing of your purchase - please note that all credit card information is ALWAYS encrypted during transfer over networks. Lucy Webster once again reserves the right to refuse services or products provided via this site to anyone at any time and for any reason.

(c) USER AGREEMENT - Anyone purchasing a product or service on this site must be age 18 or older. By continuing to use this site you are acknowledging that you are of acceptable age to be browsing and/or purchasing on this site. Minors using this site must have supervision and/or permission to do so by their respective parent/guardian or someone over the age of 18. If anyone under the age of 18 wishes to purchase a product or service provided on this site, they must get an adult to do so on their behalf and that adult must abide by these Terms and Conditions and accepts these Terms and Conditions on their behalf.

(d) ACCURACY OF INFORMATION - you, the user, agree and understand that it is your responsibility to ensure that all personal, payment and contact information is accurate, complete and up-to-date. Lucy Webster Fine Art is not liable for any loss of payment and/or products and services as a result of incorrect details provided. You agree to promptly update your account when changes need to be made to ensure the processing of your orders and smooth running of this site, including your email address, billing/shipping address and credit card numbers and expiration dates.

SECTION 3 - USE/modification OF PRODUCTS AND SERVICES

(a) You may not use any of the products and/or services purchased or obtained from this site for any illegal or unauthorised purpose, nor may you violate any laws in your jurisdiction; including but not limited to copyright laws. A breach or violation of these Terms and Conditions will involve an immediate termination of your use of this site and the services it provides.

(b) You understand that prices for the products and services offered on this site are subject to change at any time and without prior notice. Lucy Webster Fine Art reserves the right to, at any time, alter, modify, discontinue or recall any product or service (or any part/content thereof) without notice at any time. Lucy Webster Fine Art will not be liable to you, the user, or to any third-party, for any modifications, changes to price, suspension of or discontinuation of a product or service.

(c) You understand that descriptions of products or services provided on this site are subject to alteration at any time without notice, and at the sole discretion of Lucy Webster Fine Art. Products and services provided by this site are created to the highest quality possible to ensure customer satisfaction, however Lucy Webster Fine Art cannot warrant that the quality and/or appearance of any products, services, or information purchased by you will meet your expectations. Unless in the rare case where a product does not satisfy it’s product description or conform with associated product and service laws and regulations, Lucy Webster Fine Art is not responsible for changes to products and services in relation to personal preferences and cannot guarantee that errors will be corrected and/or alterations will be made.

(d) Lucy Webster Fine Art reserves the right to limit the sales of products or service to any person, geographic location or jurisdiction. This right may be exercised on a case-by-case basis and be relevant to multiple or single products and/or services. Lucy Webster Fine Art also reserves the right to limit, cancel or restrict quantities of any products or services purchased per person, household or order. This could be associated with multiple orders being placed by, or under, the same customer account, the same credit card, or using the same billing/shipping address. In any event where a change is made to an order or an order is cancelled, Lucy Webster Fine Art will attempt to notify you by using the contact information (email address, billing address or phone number) provided through your customer account or at time of checkout. In any case where, with sole judgement, it appears that orders are being placed by dealers, distributors, merchants or resellers without prior written consent from Lucy Webster Fine Art, Lucy Webster reserves the right to limit, cancel or prohibit such orders.

(e) Certain products or services may only be available via this website or online. Some products may only be available for certain time periods. These products may have limited quantities and may not be able to be returned or exhchanged once no longer available by this site. Additionally some products and services may also be offered via third-party sites or vendors, either online or a physical location. Lucy Webster will take every effort to ensure prices of products and services are consistent across all sites/vendors at any one time, but is not liable for changes made by these vendors without prior notice or consent. If purchasing any products or services via these additional sites/vendors, please ensure you are aware of their policies and terms and conditions.

Section 4 - refunds and cancellations

The deposit paid by the client at time of booking is non-refundable to cover the artists’ time spent communicating with the client and devising potential compositions for the client to choose from. The client has 14 days from booking in a portrait to cancel their order, however doing so will remove them from the commission schedule/waiting list. Should the client decide at a later date to rebook then they will be placed at the end of the waiting list and a new deposit will be required. Cancellations must be made via email to lucywebster-art@hotmail.com

If the client decides to cancel a commission once the drawing stage has begun, the remaining balance must be paid in full to cover the cost of the artists’ time, administration work and materials used.

Before each commission is labelled as complete and ready for shipping, the client has the opportunity to ask for minor alterations to be made to the drawing. Once a client has received the portrait they have 7 days to contact the artist should they wish for any further small alterations to be made. Should this be required, the client is responsible for all additional shipping costs involved and must ensure the portrait is suitably packaged for return.

Section 5 - DAMAGE DURING SHIPPING/LOST ITEMS

(a) COMMISSIONS - The artist takes extreme care when packaging all commissions to ensure they arrive to you safely and in pristine condition. However, in the unlikely event that a portrait does get damaged during shipping, you should immediately send the artist clear photos showing where the damage has occurred on the artwork. Depending on the level of damage incurred, the artwork must be returned - in this instance the artist will cover the cost of shipping the drawing back to them. The artist will then redraw your portrait at no extra cost, however please be aware that the drawing will be added to the end of the current waiting list.

All artwork is sent via First Class Tracked using Royal Mail within the UK, or via a trusted courier for international customers. This means a tracking number is provided and the artist will be notified once your drawing has been received. Your portrait should hopefully not get lost in the post, but if it does, it can be easily traced - if this were to happen the artist will do all that is possible to track it down! In the unlikely event that artwork does get labelled as lost by the shipping service used, the artist will redraw your portrait free of charge – once again this drawing will be added to the end of the current waiting list.

(b) PRINTS AND OTHER PRODUCTS - All products are packaged to a high standard to ensure they arrive secure and undamaged. Should a product get damaged during shipping, please send photos clearly showing where the damage has occurred and the artist will send out a replacement. Additionally, should an item get lost during shipping, please inform the artist and they will arrange for a replacement to be shipped to you as soon as possible.

Please note that whilst every care is taken to make prints look as similar as possible to the original artwork, there may be slight unavoidable differences due to computer, screen and printer settings.

Section 6 - Shipping times

Artwork shipped within the UK usually arrives within 1-2 days of posting. Artwork being shipped internationally can take between 10-14 days. The artist is not responsible for any delays due to problems with postal services or within shipping companies.

Section 7 - Vat and import duty

All items for sale on this site, including commissioned works, are not subject to Value Added Tax. Payment of Import Duty may be required in some countries which is solely the responsibility of the client.

Section 8 - prohibited use

You agree not to use this website, or any of the content provided on or through this website, for any purpose that is unlawful or prohibited by these Terms and Conditions or any other rules, guidelines or policies stated on this website or the content provided through the website. Prohibited actions include:

(a) Using the site to solicit others to perform or participate in any unlawful acts

(b) violation of any international, federal, provincial or state regulations, rules, laws or local ordinances.

(c) using this website in any way, or to carry out any action that causes, or may cause, damage to the website or impairment to the performance, functionality, availability and/or accessibility to the website, services provided, other websites linked to this site or the general internet.

(d) use of this website, either individually or in a group, in any way that is unlawful, illegal, fraudulent or harmful, or is in connection with any activity that is considered unlawful, illegal, fraudulent or harmful.

(e) infringement upon, or violation of, the intellectual property rights of Lucy Webster Fine Art, or the intellectual property rights of any other person who has access to/uses this website.

(f) using the site to copy, store, host, transmit, send, use, publish or distribute any material which consists of, or is linked to, spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or any other malicious computer software.

(g) conducting any systematic or automated data collection or tracking, including without limitation, scraping, data mining, data extraction and data harvesting, on or in relation to this website without express written consent from Lucy Webster Fine Art.

(h) using the site to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability in relation to Lucy Webster Fine Art or anyone who uses/accesses this site.

(i) to submit false, misleading, or inaccurate information.

(j) Accessing or otherwise interacting with this website using any robot, spider or other automated means, except for the purpose of search engine indexing.

(k) Using data collected from this website for any direct marketing activity, including but not limited to, email marketing, SMS messaging, telemarketing or direct mailing. Or using this site to spam, phish, pharm, pretext, crawl or scrape other internet users.

(l) Using the site in a way that will interfere with, or circumvent, the security features provided.

If it is decided, in sole discretion, by Lucy Webster Fine Art that you are violating any of these prohibited uses, Lucy Webster Fine Art reserves the right to terminate your use of this website and its content.

Section 9 - third-party access, websites, content, products and services

Certain content, products and services provided and/or made available to you through this site may contain links to, or material from, third-parties. As such, third-party links provided on this site may take you to associated third-party websites that are not affiliated with, or controlled by, Lucy Webster Fine Art.

Lucy Webster Fine Art is not responsible for examining or evaluating the content and it’s accuracy, nor do they warrant and will not have liability or responsibility for any third-party materials or websites, or for any other materials, products or resources offered or provided by third-parties. Lucy Webster Fine Art is not liable for any harm or damages associated with the use or purchase of goods, services, resources or content, or any other type of transaction made in connection with third-party sites. You acknowledge and agree that it is your responsibility to carefully read and understand the policies, terms and conditions, and rules of any third-party sites before continuing to engage with, use, and/or purchase from their sites.

Any complaints, claims, concerns or questions relating to content, products, services or general information displayed and accessed on third-party sites should be directed to the third-party contacts themselves.

In any case where Lucy Webster Fine Art is, or becomes, involved in affiliate programs for third-party sites, clear notice will be given. In general though, this means that when you click on and/or make a purchase through a certain link provided on this site, which allows access to a third-party site, Lucy Webster Fine Art has the potential to make a small commission from that click and/or purchase. This does not impact you or your purchase in anyway and does not cost you any extra. It is simply a way of other companies supporting each other and thanking Lucy Webster Fine Art for raising awareness of, and directing people to, their products and services.

Section 10 - content: errors, inaccuracies and omissions

There may occasionally be information displayed on this site, or within the products and services provided via this site, that contain typographical errors, inaccuracies or omissions relating to any one of the following; product descriptions, pricing, promotions, offers, product titles, product shipping charges, transmit times, product and service availability, and general marketing materials. Lucy Webster Fine Art reserves the right to correct any errors, inaccuracies or omissions, and change or update information regularly on this site without prior notice. Similarly Lucy Webster Fine Art reserves the right to cancel any orders where the information about/within a product or service or any related website is inaccurate, cancellation may take place at any time and without prior notice.

Lucy Webster Fine Art is under no obligation to update, amend or clarify information contained throughout this website or within the products and services provided via this website, including without limitation, pricing information, except where required to do so by law.

Any refresh of update of this website, it’s contents or the products and services provided should not be taken as an indication that all information has been modified or updated.

Section 11 - termination of use

Lucy Webster Fine Art, in sole discretion, reserves the right to, at any time, discontinue providing, or limit access to, this website, specific areas or content provided on this website, or accessed through this website. You agree that Lucy Webster Fine Art may, in sole discretion, at any time without notice, terminate or limit your access or use of this website or any of its contents. Termination, or limitation of, your use and/or access to this site may arise if Lucy Webster Fine Art determines, in sole discretion, that you have infringed the copyrights or trademarks of this site or any third-party. You agree that Lucy Webster Fine Art will not be liable to you, or any third-party, for any termination or limitation of your access to, or use of, this website or any of it’s content, services, or information, including content and information that you may have shared.

These Terms and Conditions are effective until they are terminated either by you, the user, or Lucy Webster Fine Art. You can terminate these Terms and Conditions at any time by notifying Lucy Webster Fine Art in writing that you no longer wish to use or access the services, products and information provided on this site, or automatically when you cease using this site.

Section 12 - indemnification

You agree to indemnify and hold harmless Lucy Webster Fine Art, and their parents, subsidiaries, affiliates, partners, officers, directors, agents, employees, contractors, suppliers, licensors, service providers, and subcontractors against any claims, liabilities, damages, loses or expenses, including reasonable attorney’s fees and costs, due to, or arising out of, your breach and/or violation of the Terms and Conditions or any additional rules, guidelines or policies provided on this website or the content provided on or through this website, or your violation of any law and/or third-party right, including but not limited to intellectual property rights.

Section 13 - severability

In the event that any part of these Terms and Conditions are determined to be unlawful, void or unenforceable, such provisions shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions; such determination shall not affect the validity or enforceability of any other remaining provisions. If this were to happen, Lucy Webster Fine Art would update these Terms and Conditions accordingly to meet with applicable laws.

Section 14 - entire agreement

The Terms and Conditions and the privacy policy provided on this website constitute the entire agreement between you, the user, and Lucy Webster Fine Art, and govern your use of this website, it’s services and products.

On no occasion will a waiver of any provision of these Terms and Conditions be implied due to failure of Lucy Webster Fine Art to exercise, enforce or assert any rights associated with these Terms and Conditions.

These Terms and Conditions supersede any prior agreements, communications and proposals, whether spoken or written , between you and Lucy Webster Fine Art, including but not limited to, any previous versions of these Terms and Conditions.

No vendor, distributor, dealer, retailer, or any other person is authorised to modify the content provided on, or through, this website unless given express permission by Lucy Webster Fine Art.

Section 15 - governing laws

By choosing to use, visit and browse this website, or provide information to Lucy Webster Fine Art via this website, you agree that any dispute over privacy or the provisions set out in these Terms and Conditions will be governed by, and construed in, accordance with the laws of the United Kingdom.

In the case of any such legal action or proceeding, you and Lucy Webster Fine Art agree to submit to the jurisdiction of, and agree the venue used is proper in, the courts accessed.

Section 16 - disclaimer

(a) Lucy Webster Fine Art attempts to provide accurate and useful information on this website but makes no representations, claims, promises or guarantees that the information contained in, or linked to, this website is accurate, complete or current. Where information has been sourced and/or gathered from third-party sources, references shall be provided accordingly and it is up to you, the user, to determine whether this information is still current and/or relevant at the time of your using of this site.

(b) Lucy Webster Fine Art does not guarantee, represent or warrant that your use of this website or it’s services will be uninterrupted, timely, secure and/or error-free.

(c) You agree that, on occasion, Lucy Webster Fine Art may remove all, or part of, the services for a specific or indefinite period of time without any notice to you.

(d) You agree that your use of, or inability to use, this website and the services and/or products is at your sole risk.

(e) Lucy Webster Fine Art tries to ensure that all products and services provided through this website are to the highest standards to meet your satisfaction, but is not liable to any claims made in relation to personal preferences, perceptions and/or expectations. Lucy Webster Fine Art is under no obligation and does not guarantee to make changes to any product or service provided through this website based on your individual opinion of what such a service or product should be.

(f) You agree that the services and products delivered to you through this website are, except in cases stated by Lucy Webster Fine Art, are provided to you on an ‘as is’ and ‘as available’ basis, without any representation, warranties or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness of a product for purpose, durability, title and non-infringement.

(g) In no case shall Lucy Webster Fine Art, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, loss of profits, revenue, savings or data, or replacement of costs, or any similar damages arising from your use of any product or service, or for any other claim related in any way to your use of any product or service including, but not limited to, any errors or omissions in any content, or any loss of damage of any kind incurred as a result of your use of a product, service or associated content provided on or made available through this website, even if advised of their possibility for such losses or damages. Due to some states or jurisdictions not allowing the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions where these legislations occur, liability shall be limited to the maximum extent permitted by law.

Please do contact Lucy if you have any problems at all with your order, she will always do her best to resolve any issues that may arise. She wants this process to be smooth and enjoyable and strives for 100% satisfaction.