Terms of Service
Introduction
This page will explain terms and conditions under which you agree by using this website and purchasing from us, as well as copyright and other items. This website is operated by Jo Blake Art. Throughout the site, the terms 'I' 'we', 'us' and 'our' refer to Jo Blake Art.
Here at Jo Blake Art we try to be as transparent as possible, by visiting, using and/or purchasing from the site you are engaging with our 'Service'. There by agreeing to be bound by the 'Terms of service'. Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the 'Terms' and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”).
Updates in services
You also agree that we may automatically change, update, or add on to our Services, and this Agreement will apply to any changes, at any time. It is your responsibility to check you are happy with the terms and conditions on this site before purchasing/using/assessing it's 'services'. If you have paid a deposit for a commissioned piece of art, the agreement is honoured even if prices increase over that time. Increases in transfer charges/ currency conversions and postage are changing all the time currently. These cannot be helped and will be kept as up to date as possible at checkout. Jo Blake Art will not be held liable for these changes as they are not in our control and are the customer, merchant, or collectors responsibility to pay, all charges except for postage are included in the overal price of an item.
Termination of service
You may not tranmit viruses, worms or distructive code that may damage this site. Breach of terms of service will result in immediate termination of your services. When communicating to Jo Blake Art through the various forms, opt-ins and emails, if any obscene or abusive language or threats of any kind are made, they will be recorded as evidence and reported. Termination of your service will incur and you will not be refunded for any work already complete, even if you haven't received the final work. Behind every small business is a human being trying to bring their dream to life, and they deserve respect and patience.
Minimum Age Requirements
Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.
Copyright
The images and photographs on this site are copyrighte Jo Blake Arts unless otherwise stated. All images, photography, designs, logos, illustrations, deisns, artworks, sculptures, stationary, soft furnishings, text, blogs, are all copyright Jo Blake Art.
You may not use any of Jo Blake Art's products, or services for illegal or unauthorised services. Nor may you violate any laws in your or anyother jurisdiction with our services, including but not limited to copyright law. In breach in any of these terms will lead to termination of your services. To copy, modify or distribute any of the material on this website is prohibited and the copyright belongs to Jo Blake Art. At Jo Blake Art we own all the copyright to everything drawn, painted, printed , written, sculpted and created by us. You are legally bound by copyright to not reproduce from your pet portrait or commissioned piece.
Online Shop
Images and photography on our site try to show the end product in it's best light, however your computer monitor/screen may differ slightly. Due to this we cannot guarentee colour accuracy on your personal devices. You need to be aware of this before making your purchases to avoid disappointment.
Orders may be rejected on the rare occassion for these three reasons:
* Products you have ordered maybe out of stock.
* We have resonable grounds to suspect your payment is fraudulent.
* There has been a product or pricing description error.
* Failed customer validation checks.
Our prices are subject to change without notice, as are anyother parts of the services we offer. Any material may be out of date at any time and we are not under obligation to update such material.
Our shop and website is hosted by Angus Hosting, this is for reference only and you should contact us directly with any queries or complaints you may have via info@joblakeart.com
Placing an order
Before placing an order here at Jo Blake Art, you agree to the terms of service known as the 'Agreement'. If you have any questions about these terms before placing an order with us please contact info@joblakeart.com and we will do our best to help you.
Once your order has been placed (and delivery), you will receive confirmation of your order. A contract between you and Jo Blake Art for the sale/creation and delivery of the goods will exist once the order has been accepted, processed and dispatched. Payments will be taken from your credit card/paypal/debit account at the time you place this order.
You agree to pride complete, current and accurate purchase and account information
for all purchases through our store. You agree to update any information to your account, including contact email address, in order that we can complete your transaction and contact you as required.
Prices and availability of goods are subject to change without notice. We shall not be liable to you or any third party for any modifiction, price change, suspension or discontinuation of any products/services.
We reserve the right to prohibit orders, in our judgement,appear to be placed by dealers, resellers and distributors.
Pet portraits and commissions
Once you have expressed your interest in book a pet portrait/commission, you will be asked to provide clear photograph of your pet, a clear description of what kind of piece you would like created. If your images are no clear enough Jo Blake Art holds the right to refuse your request, as it is in your best interest. If the image is not clear enough you would not receive as detailed a pet portrait and Jo Blake Art will not be held liable for this. When you purchase a commission from us you will be given Jo's representation of a pet or piece, drawn with feeling and emotion. Some details may differ from the photographs provided and this is to be expected as an artists representation, this adds to the charm and wonder. To begin work a deposit of 50% , your full, name and postal address is needed for an overal price of the work to be given. This will be requested through invoice via email through a third party secure payment provider, either Square, PayPal or Stripe. By paying the deposit you accept these terms and are legally bound by them. The deposit of 50% of the full transaction is non-refundable once the payment has been paid, this is to allow work to begin and should you wish to cancel the portrait/commission for whatever reason will not be refunded to cover the time and materials used to begin works. By paying the 50% non-refundable deposit you agree to these terms.
Returns Policy
We hope that before purchasing you have read all descriptions ( of the products you wish to purchase), terms of service and returns policy. You may also contact us with any additional questions to help make you decision to purchase via info@joblakeart.com
We only accept returns for the following: cards, books, prints, soft furnishings, homeware, in new/unused condition.
*Products should be unused/ in a 'new' condition
All the above need to be in original packaging if in clear selophane wrap, or unused and wrapped back up to avoid damage. When making a return please email us within 7 days of receiving your order, to let us know the reason for the return, as we may be able to assit you further.
* Original postage is non refunable and the customer is responsible for return postage
You then are required to pay postage to return the item(in as new condition) to us within 28 days from purchase and on receipt of the item, your order will be refunded minus the original postage and packaging. We suggest you obtaining proof of postage.
* Packaging return items
We try to reuse packaging where possible and sustainably sourced. Your products will be wrapped very well to be delivered to you, if you wish to return and it fits the returable criteria, contact us first then pack the products back up carefully. Once we receive the return if the products are in good new unused condition we will refund to the card you paid us with, emailing you with the notification.
*No returns for original, customised and large pieces of art
Buying original art, customised art and large pieces, these are very difficult to ship and take alot of time and packaging. It is for this reason that we do not accept returns on these items. It is your resonsiblity to decide whether you wish to buy the art or not and Jo Blake Art will not be held liable for any colour discrepency your computer, screen or device may give you. All sizes and descriptions are included on the listing, we will not be held liable for what ever reason for you decision to return the item. You are more than welcome to contact us for more information before purchasing.
*Commissions and pet portraits are non returnable
As they are of your personal pet once an order has been placed you will be kept up to date on progress via email or social media ( which ever is better for you). You will have paid a 50% non refundable deposit to begin the commission, you will have the opportunity when the commission is finished to 'okay' the finished piece. This will be taken as you are satified with the outcome and wish to proceed to the final payment and shipping.
*Unsatified with a commission or pet portrait
If for what ever reason you are not satified then changes can be made to accomodate your wishes. However the artist will not be held liable for not wishing to make these changes, as you have commissioned them knowing their style and that it is an artists represenation of what they see, feel and embody that they are translating onto a surface. They are not a photocopier or a camera, they are using the way they view the world or subject and expressing it in their own unique way.)
*Using your images of your pets for promotion and on our website
When creating a pet portrait or custom portrait, I will need a clear well lit image to work from. This image also needs to be copyright free (meaning you took the photo and give Jo Blake Art permission to use it), or you are using an image from a friend who you can ask for permission. If the photo referrence is from a professional photographer, regardless on whether you feel you paid for the images and own them, most of the time you do not own the right to use them to reproduce from. You will need to contact the photographer and give us their contact information so that we can purchase a licence to draw using their image. This cost will be additional to the overal cost of the pet portrait and we are not liable or will be held so if this information is not disclosed at the point of hiring.
To give you an amazing experience of having a pet portrait or commission created, video/photography and social media are used to show the process. If for what ever reason you do not wish for this to happen, whether it is a gift and you are happy to share after it has been given or the loss of your pet is too painful etc. What ever the reason we will understand. From customers reviews we have found it to be a very healing process and like a celebration to their happy life. We also ask for permission to print from the images painted and drawn by Jo Blake Art, as this gives you the customer options to purchase your pets image on various homeware and apparel.
*Copyright of the finished art work or product
At Jo Blake Art we own all the copyright to everything drawn, painted, printed , written, sculpted and created by us. You are legally bound by copyright to not reproduce from your pet portrait or commissioned piece.
Delivery
Delivery costs may vary depending on quantity and dimention of products purchased.
You will receive an email when your oder is dispacted and general turn around of products held in stock is 1-2 weeks if not sooner for UK residents (international orders -depending on your individual order and zone of residence can be up to 2 Months+). For commissioned works/pet portraits, will depend on waiting lists and project work flows. If you have a special occassion the piece of art is for please contact us through the contact form on the website, giving us the date you are hoping to give the gift for will help us to see if we can accomodate your request.
Jo Blake Art will not be liable for third party postage and delivery companies, on pressures individual delivery companies are under in busy times of the year. All orders will be either first class/recorded delivery/special delivery/International special delivery. Choosing a higher ticket delivery gives more assurance that you will receive your order as seemlessly and hassle free as possible.
*Customs and Taxes
Tax status for Jo Blake Art is subject to change at any time, prices may vary and we will not be held liable. Customs and boarder tax to international destinations are the customers obligation and should be taken into account before you make your order. If you have any queries and would like a quote before checkout, for your own research into customs taxes please feel free to contact me via info@joblakeart.com . Jo Blake Art will not be paying customs or taxes for any orders, we will not be held liable and by purchasing you contractually agree to these terms.
Feedback
We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we're free to use them without any restriction or compensation to you.
Liability and Indemnification
We shall not be liable for any direct, special, indirect or consequential or incidental damages including loss of profit or loss of opportunity as a result of the use of or the inability to use any items that have been ordered on this website.
We do not guarantee or warrant that your use of our service will be uninterrupted, timely, secure or free of errors and omissions.
You agree that, from time to time, we may remove the service for indefinite periods of time or cancel the service at any time, without giving prior notice to you.
You agree that your use of the service is at your sole risk. The service and products delivered to you through the service are provided ‘as is’ and ‘as available, for your use, without any representation, warranties or any conditions or merchantability, quality and durability.
In no instance, shall Jo Blake Art, our directors, employees, affiliates, contractors, suppliers and service providers be liable for any injury, loss, claim, or any direct or indirect, incidental or consequential damages of any kind, including, without limitation lost profits, revenue, lost savings, loss of data, or any damages, whether based in contract, tort, or otherwise, arising from your use or any of the services of products procured from the service or any other claim related in any way to you ruse of the service or product. This includes and is not limited to any loss or damage incurred as a result of the use of the service or any product posted, transmitted or otherwise made available via the service, even if advised of their possibility.
You agree to indemnify, defend and hold Jo Blake Art and all of our associated suppliers, affiliates, officers, directors, subcontractors and employees, harmless from any claim or demand, including reasonable legal fees, made by a third party due to or arising out of your breach of these Terms of Service or the documents they incorporate, or your violation of any law of the rights of a third party.
Translation
These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.