By commissioning a portrait by Melissa Smith through melissasmithart.com you are hereby agreeing to the terms and conditions outlined in this agreement.
- The Portrait Order Process
- Customer Supplied Photos
- Portrait Changes
- Refund Policy
- Portrait Completion Time Line
The Portrait Order Process
- Submit Order and Payment. The pet(s) commissioned will be the subject of a painting produced by Melissa Smith, and that the image will be the artist’s interpretation of the subject based on the pictures and information provided by the customer.
- Submit Photo References. The customer will supply the photo(s) of the pets that will
be used for the portrait along with as much detail as possible about what they want their portrait to look like.
- Confirm Order and Approve Painting. The artist (Melissa Smith) will create some rough drawings or computer generated images for the customer to review, suggest changes and approve. All design changes should be made at this point. When the pet portrait is completed, the artist will send a digital proof of the final painting for the customer’s approval. Reasonable alterations can be made at this point.
- Final Payment and Delivery/Pickup. Once the customer’s final payment is received and
verified, the painting will be insured and shipped. UPS Ground is used for shipping. Additional fees may be required if the customer chooses to use another shipping method. Without limitation, Melissa Smith Art holds the full and complete copyright and reproduction right to copy, exhibit, publish, display, or distribute copies of the painting. The customer will not use the image of the painting except for individual use without written permission from Melissa Smith Art.
Payments can be made online with a credit card via Pay Pal, or through the mail by check or money order (Checks may take 10-14 days to clear). If the balance of the amount owed is not paid upon completion of the portrait, the portrait will not be shipped and the payment will be retained by the artist to help recover costs incurred for supplies and time spent by the artist.
Customer Supplied Photos
It is the responsibility of the customer to supply any photographs or other materials that will be used as references for the portrait. These reference materials can be sent to the artist by sending them as attachments to an email or by regular mail, UPS etc.. All supplied materials that are not in electronic or digital form will be shipped back to the customer in their original form along with the finished portrait. However, the artist cannot be held responsible for items lost or damaged during shipment. The customer authorizes Melissa Smith Art all rights to the photography sent.
Although it is possible to make changes to a portrait at any time, and some changes are a normal part of the process, if a customer initiated change involves duplicating the efforts of the artist after the customer has already approved the artist to advance, there will be additional charges. These types of changes could include layout, size, canvas, theme, style, material, design and major color changes. In most cases these charges will be no less than $25.00 and no more than $100.00 depending on the extent of the change.
If at any time during the first phase of The Portrait Process, you decide, for any reason, that you are not happy with the results you are getting, you may request a full refund of all money paid, no questions asked. If at any time later in the portrait process you decide that you are not happy with the results you are getting you may still request a refund, but some funds will be deducted from the refund to help recover costs incurred and time lost by the artist. Once you receive your finished portrait, it is not returnable and you will not receive a refund of payment.
Portrait Completion Time Line
The time line for the completion of a portrait can vary greatly depending on several factors, such as the size and number of subjects in the portrait, whether a custom background is required, how many changes are requested by the customer, time spent waiting for approvals and payments from customers, etc. Because of these factors, the artist cannot be held to any specific time line. If however, there are no delays on the customers end, such as waiting for payments or approvals, or excessive changes to the portrait, most portraits should be finished and delivered within 7-10 days of receiving all customer supplied reference materials as discussed in Customer Supplied Photos.