Terms of service
While it may seem clear, artists must prioritise self-protection. Below, you’ll find my comprehensive terms and conditions designed to safeguard both me - the creator, and you - my potential client. Unfortunately, it’s truly common for scammers to target artists, or clients to only pay deposit and refuse to continue with payments. Not only this, but sometimes, a client will receive the commission, and only then express discontent, asking for refunds. There’s also a tactic whereby clients will falsely claim that the art piece never arrived, often with it arriving without problem. They dispute, file a chargeback, and often win, despite the fact that once the commission piece has left my premises, it becomes the responsibility of the shipping company, and also any insurance package you may choose to purchase on this site.
By commissioning me, you are agreeing to the following terms and conditions:
Sophie Eglinton Pet & Wildlife Art
Artist: Sophie Eglinton
Introduction:
Please read these terms and conditions carefully. Any payment towards a commission implies that you have read, understood, and accepted these terms and conditions.
Acceptance:
By commissioning an artwork from Sophie Eglinton Pet & Wildlife Art, the Client acknowledges and agrees to these terms and conditions in full.
General:
■ Terms of Service and Prices are subject to change at any time. You are only subject to the ToS and prices agreed upon at the time of the transaction.
■ I reserve the right to reject a commission for any reason.
■ All artwork is shipped by DHL.
■ My artistic focus centres around the business-related subject, i.e pets & wildlife:
I will draw: Wildlife, Pets, Backgrounds, Memorial Portraits, Birthday Portraits and sometimes Fantasy Creatures.
I will not draw: Humans, Overly Graphic Images Depicting Violence (some exceptions for wildlife portraits), Complex Machinery or Technology, Political or Controversial Themes, Abstract or Surrealism, Inappropriate Content.
Payment:
Payments will only be accepted via PayPal, Revolut, Wise, or Bank Transfer in CHF. To initiate a commission, a third of the total price must be paid upfront. Upon commission acceptance, I will send an invoice using one of the mentioned methods. Work on your commission will commence upon invoice payment. Failure to settle the invoice will result in commission cancellation. Please find my Payment Policy here.
Deadlines:
Depending on my workload, expect a turnaround time of approximately 2 weeks from the specified start date, determined by your place on the first-come, first-serve commission list. I'll offer an estimated completion time and notify you of any delays. Feel free to request a work-in-progress update at any stage. I will be sending regular updates in any case as a part of the commission process.
Usage Policy:
My artwork is for personal use only. No commercial use of my artwork is allowed. I reserve the right to my artwork and the right to post it on my Website and Social Media; if you would like your commission to be private, please let me know! I am careful to not post gifted commissions prior to their completion so as to avoid any risk of ruining surprises.
Refunds:
You may receive a full refund only if I have not started any part of your commission, this includes prep-work like sketches and digital drafts. If I have started your commission, I will issue a partial refund based on how much work is done. If I cannot finish your commission for whatever reason, you will be refunded in full. No refunds will be issued once artwork has been completed.
Price Quotations:
The Artist will provide a detailed brief, including timeline, scope, and final pricing for the artwork and shipping, before commencing the commission. Quotations given for sizes that aren’t given on the Prices, Sizes & Shipping page, are valid for 30 days, after which the Artist reserves the right to alter or refuse them.
Changes during the Commission:
Any alterations to the commission must be made in writing and agreed upon by both parties. The Client may incur additional fees for changes made after the commission has commenced, e.g. complexity of background changes.
Governing Law:
Swiss Governing Law applies to this agreement unless otherwise specified.
Copyright:
The Artist retains all copyright to the commissioned artwork. The Client may not reproduce the artwork without the Artist's consent, except for sharing on social media.
Deposit:
A non-refundable 30% deposit is required to confirm a commission slot. Payment will be processed securely via the Artist's website.
Installation:
Unless otherwise agreed, installation of the artwork is the responsibility of the Client.
Returns & Disputes:
All sales are final. Returns are accepted only in the event of damage or faults upon receipt of the artwork.
Commission Contract:
A detailed commission contract will be provided to the Client, including project details, payment terms, and delivery specifications. The contract will be signed digitally via DocuSign or Hello Sign.
Additional Notes:
In case of unforeseen circumstances causing delays, the Artist will notify the Client within 72 hours of the due date.
The Artist reserves the right to display the artwork on their website and social media pages unless otherwise requested by the Client.
Customer credit and acknowledgment will be given when sharing the artwork publicly.
Delivery options include in-person delivery, local delivery, or shipping at the Client's expense. The Artist is not responsible for any damage during shipment.
Digital artwork will be delivered via Dropbox, accessible for 2 weeks after completion. Additional fees may apply for re-sending files.
Conclusion:
This comprehensive commission contract aims to ensure clarity and transparency between the Artist and the Client. If you have any questions or require further information, please don't hesitate to contact Sophie Eglinton Pet & Wildlife Art.
Website Terms & Conditions:
This website is operated by Sophie Eglinton, under the business names "Sophie's Species" & "Sophie Eglinton Pet & Wildlife Art". Throughout the site, the terms "I", "me", and "my" refer to the artist, business owner and website creator, Sophie Eglinton. Sophie Eglinton offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting my site and/or purchasing something from me, you engage in my "Service", which entails the entire process of commissioning an art piece for you, and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using my website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. I reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to my website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given me your consent to allow any of your minor dependents to use this site.
You may not use my products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your services.
SECTION 2 - GENERAL CONDITIONS
I reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by me.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
I am not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk, e.g. a sickness causes me to be unable to update the site.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. I reserve the right to modify the contents of this site at any time, but I have no obligation to update any information on my site. You agree that it is your responsibility to monitor changes to my site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for my products are subject to change without notice.
I reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
I shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to my Refund Policy: Refund Policy
I have made every effort to display as accurately as possible the colors and images of my products that appear at the store. I cannot guarantee that your computer monitor's display of any color will be accurate.
I reserve the right, but are not obligated, to limit the sales of my products or services to any person, geographic region, or jurisdiction. I may exercise this right on a case-by-case basis. I reserve the right to limit the quantities of any products or services that I offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of mine. I reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
I do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
I reserve the right to refuse any order you place with me. I may, in my sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that I make a change to or cancel an order, I may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. I reserve the right to limit or prohibit orders that, in my sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at my store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that I can complete your transactions and contact you as needed. For more details, please review my Refund Policy: Refund Policy
SECTION 7 - OPTIONAL TOOLS
I may provide you with access to third-party tools over which I neither monitor nor have any control nor input.
You acknowledge and agree that I provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. I shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
I may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via my service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with me. I am not responsible for examining or evaluating the content or accuracy and I do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
I am not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at my request, you send certain specific submissions (for example contest entries) or without a request from me, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that I may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to me. I am and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
I may, but have no obligation to, monitor, edit or remove content that I determine in my sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead me or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. I take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by my Privacy Policy, which can be viewed here: Privacy Policy
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on my site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. I reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
I undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate my intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. I reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
I do not guarantee, represent or warrant that your use of my service will be uninterrupted, timely, secure or error-free.
I do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time I may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by me) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Sophie's Species, my directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, my liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Sophie's Species and my parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or me. You may terminate these Terms of Service at any time by notifying me that you no longer wish to use my services, or when you cease using my site.
If in my sole judgment you fail, or I suspect that you have failed, to comply with any term or provision of these Terms of Service, I also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to my services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of me to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by me on this site or in respect to the service constitutes the entire agreement and understanding between you and me and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and me (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby I provide you services shall be governed by and construed in accordance with the laws of Switzerland.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
I reserve the right, at my sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to my website. It is your responsibility to check my website periodically for changes. Your continued use of or access to my website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Thank you for your interest in commissioning me!