Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY – BY USING THE SERVICES OF ANIMAL MAGIC ART YOU ARE ENTERING INTO A CONTRACT WITH US AND AGREEING TO THE FOLLOWING TERMS AND CONDITIONS.
1. The agreement
1.1 The agreed order and invoice represents a written contract for the exact work to be completed at
the price quoted.
1.2 Any amendments or alterations to the contract must be made in writing, must be agreed by both
parties and are subject to the deposit, order and completion clauses detailed under section two and three of. Any amendments or alterations may be subject to additional charges and the customer accepts full responsibility for any additional costs incurred.
1.3 The agreement is made between Animal Magic Art and the customer. Animal Magic Art will accept
no amendments or alterations to the order from anyone other than the customer and will not release any portrait to a third party without the prior agreement and written permission of the customer.
1.4 Animal Magic Art will create a portrait that is as true to the selected photograph as possible but the
customer agrees to accept the artist’s artistic style and interpretation of the photograph. The customer also accepts that the chosen photograph must accurately represent the view of their pet that they want captured.
1.5 Animal Magic Art will endeavour to match colours as close to the original as possible but are restricted by the quality of the photograph, the colours available and the medium used and therefore cannot be liable for any slight differences.
1.6 All portraits are sold unframed. Some mounting and framing processes may risk causing damage to
a portrait. Any potential issues will be fully discussed with the customer at point of order and Animal Magic Art will proceed at the customer’s risk and instruction.
2. Order, payment and completion for portraits other than iPet portraits
2.1.1 Animal Magic Art will conduct an initial discussion with the customer to discuss requirements
and costs (by telephone or email). Animal Magic Art makes no charge for this first consultation although it is limited to one per customer. Repeated requests for estimates by the same customer may be subject to a charge for Animal Magic’s time.
2.1.2 Animal Magic Art’s pricing for any portrait is based on one animal head study per portrait.
Should the customer require more than one head study, the customer accepts that the cost
will increase accordingly.
2.1.3.Animal Magic Art will honour any prices quoted during this initial discussion for one month but
these may be subject to change after this period expires. An order is not deemed accepted, nor prices confirmed, until and unless the deposit has been paid.
2.1.4 Deposits for orders placed at events must be paid on the day, otherwise any discount offered
at the time will be forfeit and any order placed after the event will be subject to the full cost according to Animal Magic Art’s prevailing price list on the date the order is confirmed.
2.1.5 Animal Magic Art will arrange a consultation at Animal Magic Art’s place of work where
photographs may be taken of the subject if the customer has no suitable images available. The costs to Animal Magic Art for time and photographic materials will be added to the 50% deposit (clause 2.2.1 refers) and are payable at the time of order. If the customer decides not to place an order following the consultation, or requests numerous consultations, Animal Magic Art reserves the right to make a separate charge for their time and materials.
2.1.6 If the customer requires a consultation and/or photographs at a location other than Animal
Magic Art’s place of work then the customer agrees to pay Animal Magic Art a mileage allowance of 45p per mile in addition to the quoted portrait costs.
2.1.7 Any photographs provided by the customer must be of good resolution and Animal Magic Art
reserves the right to refuse to accept a customer photograph if the quality is not of a high enough standard to allow Animal Magic Art to create a quality representation of the photograph.
2.1.8 Animal Magic Art can, if required, recommend a professional photographer to take a suitable
photograph at a very reasonable rate.
2.2.1 All orders are subject to a 50% up front deposit to cover Animal Magic Art’s material costs and
initial time. This deposit is refundable only at Animal Magic Art’s discretion and only after any deductions for reasonable time and costs. If the customer cancels after work has commenced then no refund will be made and Animal Magic Art reserves the right to charge for any additional time and materials over and above the value of the deposit.
2.2.2 Payment of the deposit constitutes confirmation of the order and full acceptance of these
terms and conditions.
2.2.3 Selection of a photograph may be done after the deposit is paid but must be confirmed to
Animal Magic Art within three months of the deposit being paid. Confirmation of photograph selection after this date will be subject to an extended booking fee of £40 to cover administration and rebooking costs.
2.2.4 Animal Magic Art will honour any prices agreed at point of order and same day payment of the
50% deposit for three months from the date the deposit is made regardless of any interim changes to Animal Magic Art’s price list. Should work on the portrait not have commenced within this three month period due to any delay caused by the customer (including but not restricted to clause 2.2.3 above) and Animal Magic Art’s price lists change during that time, then Animal Magic Art reserves the right to amend the order value to reflect the new prices and the customer agrees to pay any additional costs before work on the portrait can be scheduled.
2.2.5 If the delay is caused by Animal Magic Art then the prices quoted at order and payment of
deposit will be honoured.
2.2.6 Work on the portrait will not be scheduled by Animal Magic Art until and unless the deposit is
paid, funds have cleared and the photograph has been selected and confirmed. Animal Magic Art accepts no liability for delay in completing the portrait caused by the late provision of any of the listed factors by the customer.
2.2.7 Payment of the 50% remaining balance is due on collection of the portrait. The customer may
not remove completed portraits from Animal Magic Art’s premises unless or until the full account balance is paid. No credit terms are offered.
2.2.8 Animal Magic Art gift vouchers are valid for three months from the issue date but the customer
accepts that the amount payable will be based on the prevailing prices at time of order. This does not apply to iPet vouchers which expire six months from the date of purchase.
2.2.9 Payment can be made by bank transfer (account details provided on request), cash or
cheque. Cheques should be made payable to Sue Mclachlan.
2.2.10 Prices are quoted in Sterling. In the case of an overseas commission, it is the responsibility
of the customer to ensure that the full UK pounds value of the order is received by Animal Magic Art after the currency is converted and must also pay any related conversion or transfer fees.
2.2.11 Animal Magic Art will exercise their statutory right to claim interest (at 8% over the Bank of England base rate) and compensation for debt recovery costs under the Late Payment legislation for any unpaid accounts or storage costs.
2.2.12 Unpaid debts may be passed to a third party for collection and any additional fees incurred will become the liability of the client.
2.2.13 Any commission made via a third party referral may be subject to a commission fee of £100.
2.3 Progress and completion
2.3.1 Animal Magic Art will provide a sketch for customer approval before work on the final piece
commences and Animal Magic Art undertakes to adjust or amend this sample to the customer’s satisfaction. Once approval to the sketch is given, no further alterations can be made. Approval must be given within seven days unless agreed otherwise with Animal Magic Art. The customer accepts that any delay in approval may extend the completion date if Animal Magic Art’s work schedule is likely to be detrimentally affected. Animal Magic Art agrees to provide progress reports to the customer during the creation of the
2.3.2 On completion of the portrait, Animal Magic Art will arrange a viewing time with the customer.
The customer agrees to attend at the agreed time and accepts that Animal Magic Art reserves the right to charge for any missed appointments. The portrait will not be released by Animal Magic Art until any outstanding balance is paid.
2.3.3 Completed portraits must be collected from ANIMAL MAGIC ART within fourteen days of the
customer being advised of completion (by phone, text, email or letter) unless both parties have agreed an extended period in writing at point of order.
2.3.4 After this fourteen day period, Animal Magic Art reserves the right to move the portrait to a
third party storage facility and charge the customer at the prevailing rate.
2.3.5 There may also be additional costs for transporting the portrait to the third party facility which
will be passed to the customer.
2.3.6 The customer must pay any storage costs, transport costs and any outstanding balance due
to Animal Magic Art before the portrait will be released.
2.3.7 If a portrait has not been collected and paid for three months from the date of completion,
unless both parties have agreed otherwise in writing, Animal Magic Art will dispose of the portrait in accordance with the Torts (Interference with Goods) Act 1977.
3. Order, payment and provision of iPet portraits
3.1 iPet portraits are provided in accordance with the clauses relating to order, payment and completion as detailed in section two but with the following amendments:
3.1.1 A proof of the iPet sketch will provided to the customer before the final version is provided.
3.1.2 Once the proof has been approved, payment of any balance outstanding must be paid to Animal Magic Art before the final version is provided.
3.1.3 iPet portraits are only provided electronically. Animal Magic Art do not offer printing of iPet portraits unless specifically agreed and the customer agrees to pay any additional costs.
4. Cancellation and complaints
4.1 Animal Magic Art reserves the right to refuse any commission.
4.2 If the order is cancelled before the relevant stock is ordered or work commences, the deposit may
be refunded at Animal Magic Art’s discretion. If an order is cancelled after stock has been ordered or work has commenced, a partial deposit may be refunded at Animal Magic Art’s discretion and only after Animal Magic Art’s costs and time have been covered.
4.3 Animal Magic Art aims to provide the highest level of service and customer satisfaction and, in the
unlikely event that the customer is not happy with the completed portrait at point of collection, agrees to redo it at no additional cost to the customer, unless it is due to,
a) Any complaint that arises as a direct result of Animal Magic Art’s advice and recommendation being overruled by the customer at point of order or,
b) Any complaint that arises as a direct result of a previously notified, agreed and signed disclaimer.
c) Any complaint that arises after the portrait has left the premises as the customer assumes full responsibility for the portrait once it is back in their care.
4.4 The risk of the goods passes to the customer after leaving Animal Magic Art’s property but the Title
to the Goods will not pass to the customer until cleared funds have been received by Animal Magic
5. Warranties and liabilities
5.1 Should the customer require Animal Magic Art to frame a portrait, Animal Magic Art will advise and
recommend the most suitable framing option for each portrait and will not accept any liability for any complaints, losses or damages incurred if the customer chooses to disregard the recommendations and advice.
5.2 Animal Magic Art will endeavour to deliver the agreed service within the specified time frame but do
not accept any liability for any delays that are beyond their control.
5.3 To ensure that each portrait is completed to the highest standard, all timescales are approximate
and Animal Magic Art give no guarantee that any portrait will be completed on a given date although every effort will be made to complete the portrait in line with the suggested time frame.
5.4 Animal Magic Art provide aftercare, display and cleaning advice for each portrait and do not accept
any liability for any damage incurred due to this advice not being adhered to.
5.5 Customers are liable for ensuring that atmospheric conditions are taken into account when
displaying the portrait and Animal Magic Art do not accept any liability for any future damage caused due to the customer’s positioning of the portrait.
5.6 All oil paintings provided by Animal Magic Art must be varnished six months after completion.
Animal Magic Art will provide this service at no cost to the customer but the customer accepts full responsibility for ensuring that the portrait is returned to Animal Magic Art at the prescribed time and in a condition ready to varnish. The frame must be removed before the portrait is returned to Animal Magic Art and Animal Magic Art recommends that this is discussed with the framer by the customer at the original time of framing. Animal Magic Art will advise on this matter but accepts no liability for any loss or damages incurred by the customer. Animal Magic Art accepts no liability for any deterioration in the condition of any painting not returned for varnishing within the agreed time frame nor for any painting that has not been stored or displayed in accordance with Animal Magic Art’s instructions.
5.7 If a portrait is to be posted (this does not apply to iPet portraits), Animal Magic Art will ensure that
the portrait is packed to a high standard and insured for transit. In the unlikely event that damage occurs in transit, the customer agrees to photograph the packaging and artwork and advise Animal Magic Art immediately by email. The customer should return the portrait to Animal Magic Art in its original packing, at the customer’s cost and, if required, Animal Magic Art will replace the portrait at no additional cost. The customer accepts that the lead time on a replacement will depend on the existing work schedule.
5.8 Animal Magic Art will not accept any liability for any failure to supply or deliver and portrait in
accordance with the written order due to force majeure. Force majeure includes but is not limited to fire, explosion, flood, lightning, 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 the reasonable control of Animal Magic Art.
6.1 Copyright rests with Animal Magic Art, unless specifically agreed in writing, once the commission is
started and in perpetuity following completion of the portrait.
6.2 Animal Magic Art retains the copyright in the art work and the customer must obtain prior written
permission from the artist to: (i) copy the art work; (ii) issue copies of the art work to the public; (iii) rent or lend the art work to the public; (iv) perform, show (exhibit) or play the art work; (v) communicate the art work to the public; and/or (vi) make an adaptation of the art work.
6.3 The customer may not alter or modify the art work without Animal Magic Art’s prior consent.
6.4 Animal Magic Art retains the copyright in the art work and reserves the right to use any portrait on
the website or for any marketing or promotional material.
6.5 The customers accepts responsibility for ensuring that any images supplied to Animal Magic Art are
free from copyright and the customer agrees to assume full legal and financial responsibility for any copyright suit or action that may take place regarding images that the customer has supplied.
6.6 Animal Magic Art reserves the right to borrow any portrait for temporary exhibition.
7.5 Animal Magic Art will never sell or otherwise pass on customer contact details to any other company
or third party, unless required to do so by law. Customer details may be retained to assist with an enquiry and details will be used for correspondence.
7.6 Animal Magic Art will retain customer email addresses for the provision of a regular newsletter. If a
customer does not wish to receive the newsletter they should advise Animal Magic Art when placing the order. The customer may unsubscribe at any time using the unsubscribe option on the newsletter.
7.7 If a customer offers a testimonial for the work completed, this may be used for marketing purposes
by Animal Magic Art. If a customer does not wish their details to be used for marketing purposes Animal Magic Art must be notified in writing.
7.8 Animal Magic Art and the customer agree that any confidential information that is acquired by either
party during the discussion, negotiation and provision of any order shall not be disclosed to any third party.
8.5 Nothing in these Conditions affect the liability of either party or for death or personal injury caused
by negligence or for fraudulent misrepresentation.
8.6 Animal Magic Art will not be held liable for any for any failure in performing its obligations under this
Agreement due to circumstances beyond its reasonable control.
8.3 The parties agree to submit to the Jurisdiction of the English Courts.
The prices and availability of goods and services contained within these terms and conditions are subject to change at any time without prior notice.