Terms of Use and Sale - Barnaby Studio: Portraits & Art Gifts

Last updated July 23, 2021

These terms and conditions outline the rules and regulations for the use of Barnaby Studio’s Website and the Terms of Sale of Products and Services offered. Please read these terms and conditions carefully, as they affect your legal rights.

Use and Consent

We reserve the right to change these Terms of Use and Sale from time to time without notice. By using this website, purchasing or using any of our Products and Services, now or in the future, you are agreeing to the Terms of Use and Sale as well as our Privacy Policy, Cookie Policy, and Disclaimer, and other terms and conditions that may apply as they appear and are legally bound by them, whether or not you have read them. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using this website immediately.

You must be at least 18 years of age to use this Website, Products and Services. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Terminology & Definitions

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:

“Client”, “You” and “Your” refers to you, the person accessing this website
and accepting the Company’s terms and conditions. “The Company”, “Artist”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.

Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

This Website, and all offered Products and Services are owned and operated by Barnaby Studio, which is the trading name of Jessica Barnaby, and is a creative consultancy providing custom artwork, art coaching and related services.

The “Website” refers to https://barnabystudio.com, (including any sub-domains, unless expressly excluded by their own terms and conditions)

“Products” and “Services” are defined as any paid or free artwork, custom and semi-custom commissioned artwork, digital designs, copy, product, program or service, course, handout, blog post, newsletter, information product, e-book or other product or service where we provide content that is not permitted to be used in your own business for commercial use or in a way that earns you money, unless you have been granted a licence in writing. Products and Services may be delivered in ways including but not limited to in-person, phone, webcam, webinars, videos, audios, books, e-books, products, social media, blog articles, or otherwise in a variety of settings such as coaching sessions, classes, consultations, or trainings.

“Products” and “Services” include a range of offering including but not limited to:

“Artwork” including sketches, drawings, painting, illustrations, digital designs, web graphics, and any graphical piece, digital or otherwise, that is not permitted to be used in your own business for commercial use or in a way that earns you money, unless you have been granted a licence in writing
“Commissions” and “Semi-Custom Commission” include portraits, illustrations, outlines and art services where we draw, create, conceptualise and/or advise you about Art rendered from photos, descriptions, or ideas provided by you, and may include coaching sessions or other communication.
“Copy Services” where we produce Copy for greeting cards, slogans, or any other purpose for your project.
“Scheduled Appointments” delivered in ways including but not limited to in-person, phone, Skype, Whatsapp, Zoom. Calls may be recorded by You or the Company for reference purposes. Recordings are not permitted to be used in a way that breaches the privacy of either party or terms of this document or privacy policy, and may not be transcribed, shared online or used in your own business for commercial use or in a way that earns you money.

Copyright and Intellectual Property

License

Unless otherwise stated, Barnaby Studio and/or its licensors own the intellectual property rights for all free and paid Content on the Website and in our Products and Services, including all Commissions where license has not been transferred to you in writing. All intellectual property rights are reserved. You may not use our free or paid Content in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.

You must not:

Republish material from the Website
Sell, rent or sub-license material from the Website or any of our free or paid Programs, Products, and Services, including newsletters, blog-posts, mock-ups and handouts
Modify, reproduce, copy or distribute any Content, including artwork, mock-ups, newsletters, blog-posts and handouts.
Modify, delete, hide, change, copy or tamper with the Company logo or the artist’s signature in any way, manually or digitally.
Redistribute content from Barnaby Studio unless permission has first been granted in writing.
Use any of our artwork as profile or banner images on social media unless full accreditation of the Artist or the Company is displayed in a clear and prominent manner.
Use our Content, Material or Products for your own business or commercial purposes, or in any way to make you money, unless permission has first been granted in writing

If you purchase Artwork, Product, Course, Service or any Material from us, the purchase grants you a limited license with permission and restrictions as specified in these Terms of Use and Sale.

You are permitted to use our Products & Services as follows:

You may download and/or print Website and Program Materials for your own personal use. However, you are not permitted to use our Content and Material for your own business or commercial purposes, or in any way to make you money, unless permission has first been granted in writing.
You may share unaltered, uncropped images from the Company Website and Commissioned Artwork on social media outlets with a link to the Company’s website.

All rights not expressly granted in these terms or any express written license, are reserved by us.

You understand and agree that engaging in the prohibited, improper and/or unauthorized use of our Products and Services as set forth in these Terms of Use is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law.

Copyright of Commissioned Artwork, Semi-Custom Commissioned Artwork and Copy

We retain the copyright to all Artwork and Copy created by us from your photo(s), descriptions or ideas unless specifically agreed in writing. Copyright starts upon commencement of the commission and lasts in perpetuity following completion.

You are not permitted to reproduce or alter or copy the artwork.

You are not permitted to use the artwork in any way that earns you money, unless you have been granted a licence in writing.

You are not permitted to make prints of the artwork or reproduce the artwork on merchandise, including greeting cards and calendars, for personal or commercial reasons, unless you have been granted a licence in writing.

Privacy of Commissioned Artwork

While we retain the copyright to all Artwork and Copy created by us, we understand portrait commissions are a private part of your life and memories and therefore by default, we do not share portrait commissions or commissions-in-progress videos on our Website or Social Media channels. You are welcome to share your Commission on social media in line with our terms, in which event we will be delighted to re-share with you.

We do not reproduce Commissioned artwork for sale as prints or on merchandise or allow anyone else to use Commissioned artwork for commercial reasons or in any way that earns them money, except in the instance where the Commissioned artwork is purchased under a “Semi-Custom” agreement.

We do reproduce Semi-Custom Commissioned artwork for sale as prints or on merchandise and the artwork and progress videos may be shared on our Website and Social Media channels.

Conditions of Sale

You agree to only purchase our Programs, Products and Services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
All prices and transactions are in British Pounds Sterling and foreign currencies must convert to the full Sterling value of the invoice. Clients are responsible for all currency conversion and transfer fees, including those incurred in any refund.
We do not offer credit and payments must be made in full before work can be scheduled to commence. You may choose to pay in non-refundable instalments and commissions are scheduled according to availability upon full payment.

Scheduling of Commissions and estimating timelines is based on the complexity and style of your portrait and is determined once we have seen the quality of your reference photographs and ascertained what the project entails. To this end, an intake session will be booked soon after your payment clears to discuss this in detail.
When commissioning artwork, you agree to provide only photo reference materials you have permission to use and are free of copyright and you agree to assume full legal and financial responsibility for any copyright suit or action that may take place as a result of images you supply.
Any amendments or alterations to the contracted scope of work must be made in writing and agreed by both parties. Agreement may not be assumed as changes may not be possible. Any additional costs resulting from agreed changes must be paid within 7 days of agreement to allow work to continue.
Amendments or alterations to the agreed scope of work and feedback on artwork progress can only be accepted from a single point of contact as specified on the contract. The completed artwork will be shipped to the address specified on the contract and you may change this in writing up until the point when shipping costs are calculated.
Postage costs for Commissions are calculated using an insured and tracked delivery service of our choice and invoiced after the artwork has been completed, packaged and weighed. The artwork is despatched once payment for postage is made. If postage costs remain unpaid after 45 days of invoice, full ownership of the artwork reverts to Barnaby Studio and we may sell or dispose of the artwork without any liability to you.
We are not liable for import tax, custom charges, duties or any other fees that may apply in some countries and these remain the sole responsibility of the client.

Cooling Off Period

We offer a 7 day cooling-off period from time of payment during which you may cancel your bespoke order by contacting us in writing. Unless otherwise provided by law, you acknowledge that the cooling-off period does not apply if work has commenced on a Commission or Semi-Custom Commission or if you have commenced participation in any of our Products and Services.

You acknowledge and agree the cooling-off period does not apply if you have opted to pay in non-refundable instalments.

Refund Policy

Non-bespoke Merchandise: We offer a full refund or exchange (subject to availability) on Products sold in our Online Shop where they arrive defective or not as stated, in which event you should send us an email within 7 days of receipt with a photo of the packaging and the item and await return instructions. We will pay for return postage.

We do not accept returns after 7 days. Refunds are made via your original payment method.

Bespoke Products and Services: Your satisfaction with your Product and Service is important to us. Yet, because of the extensive time, preparation and care that goes into creating and providing bespoke products and services, we have a firm no refund policy on bespoke items. This policy applies to all bespoke Products and Services, at any stage of production or pre-production, to cover loss of business, administration, preparation, mockups and other fees and costs. By purchasing from us, you understand and agree that all sales on bespoke Products and Services are final, and no refunds, neither in full nor in part, will be provided outside of the cooling off period for any reason.

Bespoke Products and Services are any Product or Service either requested by you or made specifically for you and includes Commissioned Artwork, Semi-Custom Commissions, Personal Coaching and Tuition.

Damages in Transit of Commissioned Artwork

We package our items very well and use reputable carriers and an insured and tracked service. In the unlikely event of damage during transit, you should send us an email with a photo of the packaging and damaged artwork and await return instructions. Do not dispose of the packaging since we may need it to be returned.

We pay for return postage for damages in transit and will replace commissioned artwork at no additional cost to you. The replacement artwork will be to the same specification and standard as the original artwork and scheduled into the earliest available slot in our work calendar.

Feedback During Commissions

We strive for excellent customer satisfaction and provide ample opportunity at the start of the project to discuss your preferences, aims and objectives.

We maintain contact with you while working on your project and strategic milestones and feedback points are agreed with you at the outset of the project, and these give you opportunities to provide feedback on the progress of your artwork.

Revisions may not be possible as the artwork develops. Late change requests and changes to scope may be subject to additional fees. Revisions and the amount of fees are at our sole discretion and judgement.

Missed Appointments and Delayed Feedback

Our work is timetabled to manage the needs of all our clients and for this reason, customers are expected to provide at least 24 hours notice of appointment cancellations and to provide photos and Commission feedback on a timely basis as agreed upon commencement of work. Missed appointments may incur a rescheduling fee and any breakdown in communication will result in the termination of the Commission. In this event, fees are not refundable and should you wish to continue the Commission at a later date, it will be as a new Commission and new fees will apply.

A breakdown in communication is defined as a failure to definitively respond to two email requests for a piece of information over a period of 30 days.

Commissioned Artwork Disclaimer

While we take great care to deliver Commissioned Artwork that meets the criteria we have both agreed at the start, you acknowledge that we do not make any representation or guarantees as to your satisfaction or otherwise with commissioned artwork and you agree that your bespoke commissioned artwork is strictly the artist’s interpretation of your photo and ideas and we are not liable or responsible in any way for any mismatch between your expectations and results. You accept and understand that the artist’s interpretation of your photo reference material is subject to photo quality, the artist’s personal artistic style, colours available and medium used. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information and advice provided or obtained through any of our Products and Services.

Online Commerce

We use payment processing companies and merchants to handle purchases made through our Website. We have no responsibility or liability for the privacy and data collection practices of these companies and you may be subject to their additional terms and conditions when you make your purchase. For more information regarding a Merchant and any terms and conditions that may apply, visit that merchant’s Website or contact the Merchant directly.

If you make a purchase from one of our affiliates, or any other individual or company through a link provided on our Website, Products and/or Material, you agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.

No Guarantees

You understand and agree that our Services are priced with respect to our time and expertise, and not by length or satisfaction. While we take great care to deliver Products and Services that meet the goals and objectives we both have agreed at the start, there are no guarantees as to your satisfaction with the outcome, or any other anticipated result. We do not imply, state or guarantee any of our Products and Services, or whether you or others will like the Product at the time it is presented to you.

Where you request prints of Commissioned Artwork or purchase prints from our store, we do not guarantee a 100% likeness to the original artwork or what you see on your monitor due to screen resolutions, printer settings, scanner settings, differences between ink brands and other reasons outside of our control.

While we make every effort to meet the timescales agreed at commencement, all timescales are approximate and there is no guarantee that the Commission will be completed by a certain date. If you have a firm deadline requirement, this should be discussed with the Artist before making payment so you can make a mindful purchase.

We do not accept any liability for any failure to supply or deliver the Commission or any Product or Service due to force majeure. Force majeure includes but is not limited to fire, explosion, flood, lightning, pandemic, Act of God, act of government, terrorism, war, rebellion, riot, sabotage, or official strike or similar official labour dispute, or any events or circumstances outside our reasonable control.

Dispute Resolution

In the event of any dispute, we hope to reach an amicable resolution through e-mail correspondence. However, should this not be possible, you agree to seek resolution through an independent mutually agreed arbitrator based in London, UK, which is where Barnaby Studio is located, and the prevailing party shall be entitled to all reasonable legal fees and all costs necessary to enforce the decision of the arbitrator.

Prior to seeking arbitration, you must contact us in writing and include all of your reasons for dissatisfaction. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.

Use of the Website

Acceptable Use of the Website

All Content included on the Website, unless uploaded by Users, is the property of Barnaby Studio, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights, and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
You may, for your own personal use only, do the following:
1. retrieve, display and view the Content on a computer screen
2. download and store the Content in electronic form on a disk (but not on any server or other storage device connected to a network)
3. print one copy of the Content on a standard household printer and on standard printer paper.
You must not otherwise reproduce, modify, copy, distribute or use for personal or commercial purposes any Content without the written permission of Barnaby Studio.

Prohibited use of the Website

You may not use the Website for any of the following purposes:
1. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
3. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Cookies

We employ the use of cookies. By using Barnaby Studio’s website you consent to the use of cookies in accordance with Barnaby Studio’s privacy policy and cookie policy.

Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

Links to other websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Barnaby Studio.
We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Website Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury resulting from negligence;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these Terms of Use and Sale: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Personal Responsibility and Assumption of Risk

You agree that you are using your own judgment in using our Products and Services, and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way. You are solely responsible for your decisions and results based on the use, misuse or non-use of our Advice, Information, Recommendations, Products and Services.

Availability of the Website and disclaimers

Any online facilities, tools, services or information that Barnaby Studio makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Barnaby Studio is under no obligation to update information on the Website.
Whilst Barnaby Studio uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users must take responsibility for their own security, that of their personal details and their computers.
Barnaby Studio accepts no liability for any disruption or non-availability of the Website.
Barnaby Studio reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

We will not be held responsible or liable in any way for your use of, or the results you obtain, or don’t obtain, through the information, products or materials that you request or receive from our Website, Programs, Products, Services and Materials.
We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us.
In the event that you use our Programs, Products, Services, Program Materials and Copy or any other information provided by us or affiliated with us, to the extent that is legally permissible under applicable law, we assume no responsibility.
We will not be liable to you in respect of any losses arising out of your use, mis-use or non-use of any and all information, products and material provided by us.
To the maximum extent permitted by law, Barnaby Studio accepts no liability for any of the following:
1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
2. loss or corruption of any data, database or software;
3. any special, indirect or consequential loss or damage.

General

You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
These terms together with the Privacy Policy and Cookie Policy and Disclaimer and any other conditions communicated to you prior to purchase contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Contact details

Jessica Barnaby of Suite 113 Maddisson House, 226 High Street, Surrey, CR9 1DF operates the Website https://barnabystudio.com.

You can contact Jessica Barnaby t/a Barnaby Studio by email on hello@barnabystudio.com.

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