By paying your deposit, you are agreeing to my Terms and Conditions below. For the purposes of this contract, the term "you" refers to the client, and the terms "I", "me", and "my/myself" refer to the artist, Yael Pastel. 

 

1. You accept that the original artwork will belong to you, but the copyright remains with the the artist, Yael Pastel. As such, you agree that you will not reproduce the artwork without the explicit written permission from the artist, Yael Pastel.

 

2. I retain the right to use images of my artwork, including commissions, for promoting my business and myself as an artist.  

 

3. You acknowledge and accept that the product you are purchasing is an original hand drawn and painted work of art in the style of the artist, Yael Pastel, who created it.You confirm that you have reviewed the examples on my website and accept that your commissioned portrait will be similar in terms of style and quality.

 

4. Out of respect for fellow artists as well as compliance with copyright law, I only use reference photos that: were taken by you personally, were taken by someone else but you have been given their permission to use freely, come from a copyright free website, or were purchased from an online source that explicitly states that permission for artistic use is given by the originating photographer. By providing reference photo(s) to me, you certify that they meet one of the above criteria.

 

5. Deposits are non-refundable unless I have to cancel the booking due to an unforeseen emergency on my end, whereby I can no longer complete the artwork as I agreed. In that rare circumstance, I will refund you 100% of what was paid. I will make every effort to prevent this from happening. 

​

6. I strive to maintain an understanding and positive working relationship with my clients and do my best to be flexible when I can, however in order to meet demand and make good on my commitment to all of my clients, I operate according to a structured booking and work schedule which depends on the timely communication between myself and my clients in regard to  i). receiving the reference photo from the client, ii). client approval of the mock-up, and iii.) timely payment of the final invoice before painting begins. You accept that delay in any of these three processes may result in your finished portrait also being delayed or cancelled at my sole discretion.  Be advised that I determine any re-booking or cancellation on a case-by-case basis based on the severity of the delay, my queue at the time, and the complexity of the portrait (estimated time it will take me to paint). My queue varies throughout the year, but being re-booked at the end could result in your portrait being delayed by months, therefore, it is of utmost importance that you communicate with me in a timely manner and adhere to the following rules to which you consent by paying your booking deposit. 

​

     i).Reference Photo - Timely Submission:

     Shortly after booking, you will receive an email with instructions on how and when to send me your reference photo, including a specific date which will serve as the deadline by which I will need to have your reference photo in order to complete your portrait according to the timeline that was chosen at booking. If you do not send the reference image by the deadline date, you will receive one email reminder from me plus an additional two day grace period beyond your original deadline date to send your reference and still keep your original booking slot. If you have still not sent your reference photo after the additional two day grace period has expired, then you may jeopardize your original booking slot on my calendar and it will be at my discretion to decide if it is possible for you to keep your original booking slot or be re-booked at the end of my queue or to cancel your booking. 

​

     ii.) Mock-Up - Timely approval

     After your reference photo is received,  I will prepare a basic mock-up of your portrait to create a composition of your pet and up to ten different background color options/variations based on the color preferences you listed on your booking form. Once the mock-up options have been emailed to you, you have 7 calendar days to consider them and make your final decision known to me via email. If after 7 calendar days I have not gotten a reply from you with a decision on which mock-up image to use, it will be be at my discretion to decide if it is possible for you to keep your original booking slot or be re-booked at the end of my queue. 

​

     iii.) Final Balance 

     Your final balance is due upon receipt of your invoice which is sent after you have approved your mock-up image, before I begin painting the commission.  Any delay in payment will also delay the start of your portrait. If payment has not been received after 7 calendar days of emailing your invoice, then your order will be cancelled and you will forfeit your booking deposit. 

​

7. Shipping:

     i. A flat rate of $50 is added the final invoice to cover the costs of: Priority Mail postage via the United States Postal Service (USPS) for shipping within the continental USA, USPS insurance for the value (purchase price) of the artwork, and packaging materials. Estimated arrival time per the USPS website for Priority Mail is 2-3 business days. I will send you an email with the tracking number when the artwork has been mailed.

 

   ii. I take great care to package the finished artwork protectively to withstand mailing so that it will arrive to you in flawless condition.  All portraits are covered with a glassine overlay to prevent smudging, packaged within a custom made multi-layer foam core presentation box, then cushioned with multiple layers of cushioning wrap, and secured inside a cardboard box. However, due to the handling processes of the United States Postal Service (USPS) being out of my direct control, it is impossible for me to guarantee against mishaps once the portrait is out of my hands. For this reason, included with the shipping costs is USPS insurance for each portrait for the value (purchase price) of the artwork. You accept that I am not liable for any damage that may occur from shipping and acknowledge that it is your sole responsibility to pursue any claims with regards to the USPS insurance.

​

     iii. For postage outside the continental USA, I will send you a quote which will be added to the final balance. I ship worldwide, and price conversion is per the exchange rate at the time of booking. Due to tax differences in each country, I am not liable for any customs tax you may be charged.

​

8. When redeeming a gift card, the client's portrait will be booked into the next available scheduling slot. Gift Cards can not be used to purchase another gift card.