Terms & Conditions and Privacy Notice
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.
PLEASE READ THIS PRIVACY NOTICE CAREFULLY – BY USING THE SERVICES OF ANIMAL MAGIC ART YOU ARE ENTERING INTO A CONTRACT WITH US AND THE FOLLOWING PRIVACY PRACTICE WILL BE UPHELD.
Animal Magic Art understands that your privacy is important to you and that you care about how your personal data is used. I respect and value the privacy of all my clients and will only collect and use personal data in ways that are described here, and in a way that is consistent with my obligations and your rights under the law.
- Information About Animal Magic Art
Animal Magic Art, sole trader.
Silkstead, Newtown Road, Awbridge, Romsey, Hants, SO53 1HU
Responsible person for Data Protection: Sue Mclachlan
Email address: firstname.lastname@example.org
Telephone number: 07818062559
Postal Address: Silkstead, Newtown Road, Awbridge, Romsey, Hants, SO53 1HU
I am a member of a-n, The Artists Information Company
- What Does This Notice Cover?
This Privacy Information explains how I use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.
- What is Personal Data?
Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.
Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
The personal data that I use is set out in Part 5, below.
- What Are My Rights?
Under the GDPR, you have the following rights, which I will always work to uphold:
- The right to be informed about my collection and use of your personal data. This Privacy Notice should tell you everything you need to know, but you can always contact me to find out more or to ask any questions using the details in Part 11.
- The right to access the personal data I hold about you. Part 10 will tell you how to do this.
- The right to have your personal data rectified if any of your personal data held by me is inaccurate or incomplete. Please contact me using the details in Part 11 to find out more.
- The right to be forgotten, i.e. the right to ask me to delete or otherwise dispose of any of your personal data that I have. Please contact me using the details in Part 11 to find out more.
- The right to restrict (i.e. prevent) the processing of your personal data.
- The right to object to me using your personal data for a particular purpose or purposes.
- The right to data portability. This means that, if you have provided personal data to me directly, I am using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask me for a copy of that personal data to re-use with another service or business in many cases.
For more information about my use of your personal data or exercising your rights as outlined above, please contact me using the details provided in Part 11.
Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.
If you have any cause for complaint about my use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.
- What Personal Data Do You Collect?
I may collect some or all of the following personal data (this may vary according to your relationship with me
- Email address;
- Telephone number;
- Information about your preferences and interests;
- How Do You Use My Personal Data?
Under the GDPR, I must always have a lawful basis for using personal data. This may be because the data is necessary for my performance of a contract with you, because you have consented to my use of your personal data, or because it is in my legitimate business interests to use it. Your personal data may be used for one of the following purposes:
- Supplying my products AND services to you. Your personal details are required in order for me to enter into a contract with you.
- Personalising and tailoring my services for you.
- Communicating with you. This may include responding to emails or calls from you.
- Supplying you with information by email and sometimes post that you have opted-in to (you may unsubscribe or opt-out at any time by emailing me at the email address in part 11.
With your permission and/or where permitted by law, I may also use your personal data for marketing purposes, which may include contacting you by email with information, news, and offers on my products AND services. You will not be sent any unlawful marketing or spam. I will always work to fully protect your rights and comply with my obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.
- How Long Will You Keep My Personal Data?
I will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):
- in accordance with hmrc retention guidelines for invoicing data
- Once you hv signed up to my newsletter emails are kept until such time that you unsubscribe.
- How and Where Do You Store or Transfer My Personal Data?
I will only store or transfer your personal data in the UK. This means that it will be fully protected under the GDPR.
The security of your personal data is essential to me and to protect your data, I take a number of important measures, including the following:
- email addresses are stored in my password protected mail chimp account and on my password protected and encrypted PC.
- Do You Share My Personal Data?
I will not share any of your personal data with any third parties for any purposes, subject to one important exception.
In some limited circumstances, I may be legally required to share certain personal data, which might include yours, if I am involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
- How Can I Access My Personal Data?
If you want to know what personal data I have about you, you can ask me for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.
All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 11.
There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover my administrative costs in responding.
I will respond to your subject access request within less than one month of receiving it. Normally, I aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date I receive your request. You will be kept fully informed of my progress.
- How Do I Contact You?
To contact me about anything to do with your personal data and data protection, including to make a subject access request, please use the following details
Email address: email@example.com
Telephone number: 07818062559
Postal Address: Silkstead, Newtown Road, Awbridge, Romsey, Hants, SO51 0GJ
- Changes to this Privacy Notice
I may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if I change my business in a way that affects personal data protection.
Any changes will be made available on my website.