1. Introduction and Scope
This Agreement applies when we, Cre8ivedge Pty Ltd t/as Chris Rodrigues Illustrations, with Chris Rodrigues as the Sole Artist, supplies our custom artwork and/or exisiting illustrations (products) to you, the Client.
This Agreement governs the relationship between the parties and in no communication or other exchange, shall modify the terms of this Agreement unless agreed to in writing.
2. Brief
2.1 The Client will, to the best of their ability supply the Artist, either verbally or in writing and in a reasonable timeframe, with all the information necessary for the Artist to complete and deliver the Artwork to the Client in the medium and specifications agreed to between the parties, including applicable deadlines (the Brief).
2.2 The Artist may from time to time request additional information from the Client in relation to the Brief for the purposes, inter alia, of clarifying the Brief, or for example artistic direction from the Artist.
3. Services
The manner and method of creating the Artwork is solely at the discretion of the Artist. The Artist will use his best efforts to provide the Artwork to the Client as contained in the Brief and in the manner and style of work in which he is known to create.
4. Estimates for Commissioned Services
4.1 The Artist will provide the Client with an Estimate (if required) for the Artwork as soon as possible after the time that the Brief is agreed upon.
4.2 If the Client alters the Brief after the terms of the Brief have been agreed upon, the Artist reserves the right to alter the Estimate to accurately reflect the value of the Brief, as long as it is communicated to the Client beforehand (for example, if additional work is required, or less work is required, the estimate would be altered accordingly).
4.3 The Estimate if provided, may or may not include 10% GST (Goods and Services Tax) payable to the Australian Taxation Office. In the event it does not include the GST, please add 10% to the price mentioned.
4.4 A 50% deposit is to be made on acceptance of the estimate for the artist to commence work.
4.5 The remainder 50% is due on completion, but prior to delivery of the final artwork.
4.6 An invoice for the total amount will be provided on completion, along with the delivered prints.
4.7 The Artist reserves the right, at its discretion, to seek penalty interest and any associated recovery or legal costs in the recovery of any non-payment of any outstanding payments by the Client.
4.8 Payments of deposits for Artwork are non-refundable where the Artist has commenced working on the artwork.
5. Products
5.1 All pre-exisiting products on the website are available for purchase.
6. Default
If an Insolvency Event occurs in relation to Client any other event occurs which gives the Artist reasonable grounds for doubting the credit of the Client, the Artist may by notice to the Client, at its option and without prejudice to any other right it may have, suspend or terminate the Agreement or require payment before or on delivery of the Artwork (notwithstanding the terms of payment applicable to the Artwork), or cancel any undelivered or uncompleted Artwork under the Agreement, and may retain any monies paid by the Client in relation to the Agreement and apply such monies against any loss or damage incurred by it in relation to the default by the Client.
Information on Customs and Taxes for goods sent outside Australia –
* United Kingdom – https://www.gov.uk/goods-sent-from-abroad
* United States of America – https://www.cbp.gov/trade/basic-import-export/internet-purchases
Taxes and Duties – Orders outside Australia may be subject to local taxes and duties. These are not included in the prices shown and are the responsibility of the purchaser.
LIMITATION OF LICENSE AND INTELLECTUAL PROPERTY
7. Rights
7.1 This Agreement applies to any artwork, illustration, image, graphics, digital assets, or digital images created by the Artist and delivered to the Client (collectively known as “the Artwork”).
7.2 All Images and rights relating to the Artist, including copyright and ownership rights in the media in which the Artwork is stored, remain the sole and exclusive property of the Artist.
7.3 This license provides the Client with no rights to reproduce and distribute the Artwork. Artwork used for any purpose not directly related outside of the terms set forth and agreed upon by both parties, must be with the express permission of the Artist and may include the payment of additional fees, unless otherwise agreed to in writing.
7.4 The Client provides Chris Rodrigues Illustrations the permission to use the illustrated images in any way for promotions and advertising across all media, as long as the image/s is not used in a derogatory manner.
8. Warranties
8.1 Custom Illustrations and Products printed by Chris Rodrigues Illustrations for sale via this website are covered by our Replacement Warranty.
8.2 While we use the best and most appropriate products available for each order at the time, there are factors beyond our control that can affect the life of a reproduction.
8.3 Under normal household conditions you could reasonably expect a pigment reproduction on top quality paper or canvas to last 3-4 generations (80 -100 years) without noticeable fading. All longevity tests are done in controlled environments, using advanced aging techniques. The real world is quite different. Apart from simple UV light fade, there are other factors such as humidity, air pollution, improper framing etc that can affect the life of a print, not to mention floods, fires and accidental damage.
8.4 The Chris Rodrigues Illustrations Warranty covers all possibilities.
* All prints and fine art reproductions made by Chris Rodrigues Illustrations are covered by our 1 Year Replacement Warranty.
* If ANYTHING should happen to your print or fine art reproduction, we will replace it for 50% of the current price provided the original print is returned to us.
* All replacements must first be approved by us before making any replacement.
RETURN AND REFUND POLICY FOR FINE ART & FINE ART PRINTS
8. Returns and refunds
8.1 The Chris Rodrigues Illustrations 7 Day Money Back Guarantee protects all purchases made from our website. Though we are absolutely sure you’ll love our work and products, we do understand that sometimes there may be an unforeseen circumstance or an error in the product based on its description or brief provided.
8.2 Please DO NOT ACCEPT damaged packages. The customer is entitled to refuse the shipment if the package arrives visibly damaged. By signing for a package or accepting it without your signature you agree that it arrived without visible damage.
8.3 Where the goods are faulty, have been wrongly described, are different to the product purchased or do not perform the function they are supposed to, you can either receive a refund, exchange of credit on non-sale items only.
8.4 Buyers are responsible for return shipping costs and insurances on purchase.
8.5 All items will need to be returned and must be in the same condition in which you received it and unused, along with the original packaging. We reserve the right to refuse any returns, that do not fulfil these criteria. Please note that you are responsible for the shipping back to us. Returns and exchanges happen at your own risk and own expense (shipping costs are to be paid by you). If the item is not returned in its original condition, the buyer is responsible for any loss in value. All Refunds are less the shipping costs and/or any drop in value due to the condition of the product.
8.6 You are required to email us at hello@chrisrodriguesillustrations.com with the relevant damage details, as well as a receipt as proof of purchase.
8.7 Our policy applies for 7 days from the date of delivery only.
SHIPPING
9. Shipping within Australia
9.1 Parcels are tracked and require a signature upon delivery.
9.2 Shipping times are estimated at between 3-7 business days depending on your location within Australia.
9.3 All print orders take 2-4 business days to dispatch, as they are custom printed and embossed with the seal and includes a signature of the artist.
9.4 All Custom Portrait print orders take an additional 8-10 business days to dispatch, as they are custom illustrated, custom printed and then embossed with the seal.
9.5 All prints include a signature of the artist, Christopher Rodrigues and the ‘Seal of Authenticity’ from Chris Rodrigues Illustrations.
9.6 If you require express delivery please contact us prior to payment.
9.7 Please note that insuring the goods is the purchaser’s responsibility. All care has been taken to package the goods so that they are delivered safely to you. However, we will not be held responsible for damage in transit which is out of our control.
10. Shipping Internationally
10.1 International orders are tracked and require signature upon delivery. Shipping times vary and can take anywhere from 7-14 days from the time of dispatch, depending on the destination.
10.2 For international buyers wishing to use Registered Post or Express Post International service please contact us prior to payment.
10.3 All print orders take 2-4 business days to dispatch, as they are custom printed and embossed with the seal and includes a signature of the artist.
10.4 All Custom Portrait print orders take an additional 8-10 business days to dispatch, as they are custom illustrated, custom printed and then embossed with the seal.
10.5 All prints include a signature of the artist, Christopher Rodrigues and the ‘Seal of Authenticity’ from Chris Rodrigues Illustrations.
10.6 Please note that insuring the goods is the purchaser’s responsibility. All care has been taken to package the goods so that they are delivered safely to you. However, we will not be held responsible for damage in transit which is out of our control, or for customs or taxes that may be imposed by other countries.
11. Currency
11.1 All transactions are processed in $AUD (Australian Dollars)
12. Shop Confidently
12.1 The Chris Rodrigues Illustrations 7 Day Money Back Guarantee protects all purchases made from our website. Though we are absolutely sure you’ll love our work and products, we do understand that sometimes there may be an unforeseen circumstance or an error in the product based on its description or brief provided.
12.2 Contact us within: 7 days of delivery
13. Seal of Authenticity
13.1 All Artwork prints will contain copyright management information (CMI) at the discretion of the Artist in the form of a Seal of Authenticity which is a self embossed certification of originality placed on the Artwork.
13.2 The prints may also contain embedded technology to protect the Artist from copyright, reproduction and re-distribution.
14. Relationship of the Parties
The parties agree that the Artist is an independent contractor and that neither the Artist nor the Artist’s employees or contract personnel are, or shall be deemed to be, employees of the Client. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorised to act as agent or bind the other party except as expressly stated in this Agreement. The Artist and the Artwork or any other deliverables prepared by the Artist shall not be deemed a work for hire as defined under Copyright Law. All rights granted to the Client are contractual in nature and are expressly defined by this Agreement.
15. No Exclusivity
This Agreement does not create an exclusive relationship between the parties. The Client is free to engage others to perform services of the same or similar nature to those provided by the Artist, and the Artist shall be entitled to offer and provide services to others, solicit other clients and otherwise advertise the services offered by the Artist.
16. Transfer and Assignment
The Client may not assign or transfer this agreement or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties. However, the Invoice may reflect, and the Client is bound by authorizations that could not be confirmed in writing because of insufficient time or other practical considerations.
17. Indemnification
The Client will indemnify and defend the Artist against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Artwork or materials furnished by the Client. It is the Client’s responsibility to obtain the necessary model or property releases and ensure they are full effect and in force.
The Client warrants that any instructions with respect to the Brief that it provides to the Artist will not infringe the intellectual property rights of any other person.
18. Limitation of Liability
18.1 Any provision of these Terms that excludes any terms, conditions or warranties, or limits the liability of a party will apply only to the extent permitted by law and these Terms will be construed subject to such terms, conditions, warranties and limitations.
18.2 Subject to clause 11.1, where any terms, conditions or warranties are implied by law into these Terms which the law expressly provides may not be excluded, restricted or modified, or may be excluded, restricted or modified only to a limited extent, the liability of the Artist to the Client under such implied terms, conditions or warranties is limited, at the option of the Artist, to the repair or replacement of the Artwork, or payment of the cost of repairing or replacing the Artwork.
18.3 Except as expressly provided in these Terms, to the extent permitted by law, the Artist will have no liability to the Client, however arising and under any cause of action or theory of liability, in respect of special, indirect or consequential damages, loss of profit (whether direct or indirect) or loss of business opportunity.
19. Force Majeure
19.1 Neither party will be liable for any delay or failure to perform its obligations under these Terms (other than payment obligations) if such delay is due to Force Majeure.
19.2 If a delay of a party to perform its obligations is caused or anticipated due to Force Majeure, the performance of that party’s obligations will be suspended.
20. General Law/Arbitration
This Agreement sets forth the entire understanding of the parties, and supersedes all prior agreements between the parties. This Agreement shall be governed, interpreted and enforced in accordance with the laws of the State of Victoria. Any claim or litigation arising out of this Agreement or its performance may be commenced only in courts physically located in Victoria, Australia and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees incurred in the litigation. If parties are unable to resolve the dispute, either party may request mediation and/or binding arbitration in a forum mutually agreed to by the parties.
21. Severability
If one or more of the provisions in the Agreement is found invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected. Any such provisions will be revised as required to make them enforceable.
22. Waiver
No action of either party, other than in writing agreed to by the parties, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such action will not preclude further exercise of other rights or remedies in this Agreement.
Problem with your order?
Please email us now on hello@chrisrodriguesillustrations.com. I will reply within 24hrs so we can resolve the problem as quickly as possible.
If you would like more information contact us Monday-Friday: 9:00am to 5pm (Sydney time)
Email: hello@chrisrodriguesillustrations.com
Phone: 03 8768 8811
Int: +613 8768 8811
