Terms & Conditions

Terms & Conditions

 

Definition

  1. In these terms and conditions, “illustrations” and “illustrated artwork” includes stock prints, stock cards, personalised prints, commissioned portraits and commissioned logos created by “Imaginart by Lisa Flanagan” (Imaginart). In the case of commissioned illustrations, this includes pencil sketch proofs, coloured and non-coloured proofs.

 

Use of illustrated artwork

  1. The customer does not have any interest in the copyright of the illustrated artwork. All illustrations remain the property of Imaginart and Imaginart reserves the right to take legal action if illustrations are falsely attributed, distorted or treated in a way that is prejudicial to Imaginart’s honour or reputation.

 

  1. The customer must not, without the express written permission of Imaginart:
i. copy illustrated artwork electronically or manually (including but not limited to photocopying, photographing, scanning, sketching, tracing);

ii. distribute illustrated artwork by any electronic or non-electronic means (including but not limited to email, USB, post); edit, alter or crop

iii. illustrated artwork (including manually and digitally);

iv. use illustrated artwork for any purpose other than that for which it was purchased (eg. for home display, for business use)

v. sell for profit;

 

  1. Commissioned logo’s may be used for business purposes but must not be edited, altered or cropped (including manually and digitally) without the express written permission of Imaginart.

 

  1. Credit must be attributed to “Imaginart by Lisa Flanagan” for any Imaginart illustrated artwork displayed on social media, including but not limited to Facebook and Instagram (commissioned logos excepted).

 

  1. Prints and cards are not for re-sale. Click here for more information about wholesale.

 

Personalised Prints

  1. All personalised prints will be printed with details as requested by the customer in "Order Details", found before the "Add to cart" button. Imaginart is under no obligation to provide a refund for any error or omission made by the customer when placing an order.

 

Commissioned Illustrated Portraits and Logos

  1. The customer grants Imaginart full artistic and creative licence to produce an illustrated artwork in Imaginart’s own style. The overall look of the final illustrated artwork is at the discretion of Imaginart.

 

  1. The initial purchase price includes two opportunities to make minor adjustments to the illustrated artwork before final colouring and rendering. Major changes requested after the initial instruction and at any point during the commission will incur further costs. Imaginart will not make requested changes prior to payment.


  2. Minor adjustments include, but are not limited to:
i. the appearance of a person/subject already illustrated
ii. details within the scene already illustrated
iii. changing the colouring of the approved image (if ordered as a coloured illustrated artwork)

     

    1. Major adjustments include, but are not limited to:
    i. adding new people/main subjects
    ii. adding new highly detailed objects/subjects
    iii. changing the scene from the one originally agreed upon

     

    1. Imaginart reserves the right to extend estimated turnaround time for commissioned portraits and commissioned logos.

     

    1. In the event that the customer requests to cancel a commissioned portrait or commissioned logo order and Imaginart has already commenced the work, Imaginart will retain 50% of the purchase price. Imaginart will also retain the illustrated artwork which may be used in any way Imaginart sees fit.

     

    Refunds, returns and replacements

    1. Refunds, returns and replacement illustrated artwork will be considered on a case by case basis at the discretion of Imaginart. Requests should be emailed to lisa@imaginart.com.au within 3 days of receipt of the illustration. The Australian Consumer Law applies to requests for refunds, returns and replacement of illustrated artwork.

     

    Shipping

    1. Shipping times are dependent upon the Australia Post network and international postal network where applicable. Imaginart is not responsible for delays once the illustrated artwork has been dispatched by Imaginart.

     

    1. Imaginart may, at its discretion, provide a replacement illustrated artwork when damage is sustained during shipping. The customer must send photographic evidence through to lisa@imaginart.com.au within 3 days of receipt of the damaged packaging and damaged illustrated artwork. If Imaginart agrees to provide a replacement illustrated artwork, the customer will be invoiced for the cost of the postage.

     

    Prices are subject to change without notice. In particular Commissioned Illustrated Portraits and Illustrated Logos.