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Terms of Service

Please read the Commission Agreement our Privacy Policy, Cookies Notice and any other terms referenced in this document carefully. Contact me if you have questions.

 

Commission Agreement

By commissioning a pet portrait by James Meleney you hereby agree to the terms and conditions outlined in this agreement.

 

Definitions

Commissioned work is defined as an image produced by James Meleney that will be the artist’s interpretation of the subject(s) based on materials and information provided by the customer.

Guarantee

If you are not completely satisfied with your final product upon receiving it, you may request a refund, less the non-refundable deposit, within seven (7) days of receiving your package.

Published Prices

Only prices published on the website at time of order are current. I reserve the right to change my pricing at any time.

 

Payments

A $50.00 non-refundable deposit is required to book your commission and lock-in published pricing at time of order.

 

Final payment must be paid upon client approval of the completed work and prior to shipment of the portrait. 

 

Payment Methods

Payments can be made by cash, check, money order, credit or debit card.

 

Cash is accepted in person only, do not send cash in the mail. Personal checks, cashier's checks or money orders will be accepted in person or by mail or other prepaid delivery methods. Make checks or money orders payable to James Meleney.

 

Credit and debit cards will be accepted through PayPal or Venmo for all products on this site.

Cancellation

You may cancel your commission any time prior to completion of the portrait: however, a $50.00 non-refundable deposit that will be retained to cover administration, materials and initial time taken on your work. 

 

Cancellations requests must be made by email to jamesmeleney@gmail.com.

Returns

If you are not completely satisfied with your final product upon receiving it, you may request a refund within seven (7) days of receiving your package.

 

Return requests must be made by email to jamesmeleney@gmail.com.

 

Refunds

For Cancellations: A refund will be issued upon receipt of a cancellation request, providing all payments have been cleared. If payments have not cleared, a refund will be issued once the payment has been cleared.

 

For Returns:  A refund will be issued upon receipt of all returned material in the original packaging and in the original condition as shipped to you.

 

Refunds will be made only to the original purchaser in the same manner payment was made, except cash and check payments which will be returned in the form of a company check.

 

Returns

Return all materials in the original condition and packaging to:

 

James Meleney

2520 Shakespeare Lane

Avon, Ohio 44011


The artist will not be responsible for return packaging, shipping cost, insurance, or lost or damaged returned shipments.

Reference Material

It is the customers’ responsibility to submit photographs or other materials to be used in the portrait process. It is best if you supply several high-quality photos of your subject in good light from different angles. Digital photos and materials can be sent electronically to jim@simplepetportraits.com 

 

If mailing materials, do not send original or irreplaceable items. All supplied materials will be returned to the customer in their original form along with the finished portrait. However, the artist cannot be held responsible

for material lost or damaged in transit.

 

Submitted Material Copyrights

By forwarding images of your pet you are confirming that you own the copyright to the images or have gained permission from the copyright owner to use the image(s) in the production of a commissioned portrait and for promotional use by James Meleney, James Meleney, Custom Pet Portraits. Further, in providing materials you agree to indemnify me against any costs arising from claims made against me by people claiming to own copyright.

Approvals and Changes

Initial portrait approval will be based on rough drawings made for and forwarded to the customer to review, suggest changes and approve, once the artist receives customer materials. All major design changes should be made at this point. Although it is possible to make changes to a portrait after the initial approval, major changes will involve additional charges. In most cases these charges will be no less than $25.00 and no more than $100.00, depending on the extent of the change.

 

Final portrait approval consists of digital proof of the final work forwarded to the customer. Reasonable minor alterations can be made prior to final portrait shipping. 

 

No changes will be made to the work once the final art is shipped to the customer.

 

Completion

Completion of a portrait can vary depending on several factors such as the size and number of subjects in the portrait, how many changes are requested by the customer, time spent waiting for approvals and payments from customers.

 

Because of these and other factors, the artist cannot be held to any specific timeline. If, however, there are no delays in customer input or feedback, excessive changes, payments or approvals, most portraits should be finished and delivered within the specified time, after receiving all customer supplied reference materials.


Shipping

Your unmated and unframed portrait will be securely packaged to protect against routine handling, shipping and outside elements.

 

Your package ships free via regular USPS Priority Mail or UPS Ground within the United States. Additional fees may be required if the customer chooses expedited shipping, another shipping method and for international shipments.

 

Damage During Shipment

In the event material is damaged during shipment, please email me with a photo of the damage within 7 days of receiving the goods and I will replace the damaged item(s) free of charge upon return of the damaged piece(s).

 

Claims made after the 7-day period will be rejected.

Artist's Copyrights

The customer agrees the artists (James Meleney) holds all copyrights to the original work granted under The U.S. Copyright Act of 1976.

 

Pet Portraits are to be purchased for personal use only and not for financial gain. By submitting an order form, either electronically, by mail or in person you are agreeing that James Meleney retains the full copyright and licensing arrangements to the artwork produced from a client's photograph(s), thereby allowing James Meleney to use the artwork in any a manner for an indefinite period. This includes displaying the artwork in advertising promotional, sales, public relations and social media channels and materials.

Gift Voucher Purchase Terms

The purchase of gift vouchers is governed by the following terms. Gift vouchers:

 

- Must be paid for in full by the purchaser upon ordering (US currency only).

- Must be redeemed by the recipient within two (2) years of the purchase date.

- Can be used for all products offered on the website (excluding gift vouchers).

- Are non-refundable, non-transferable and not redeemable for cash in whole or part.

- May not be applied to previously ordered or delivered portraits or products.

- May not be used in conjunction with any other discount or offer.

- Expired, damaged, altered, lost vouchers will not be replaced, refunded or redeemed.

 

The artist reserves the right to view the Gift Voucher when the recipient orders their portrait.

PRIVACY POLICY

 

Protecting your confidential information is our priority. This Statement of Privacy applies to James Meleney, Custom Pet Portraits by James Meleney and governs data collection and usage. James Meleney, Custom Pet Portraits is an enterprise engaged in the production of hand-drawn, mixed media pet portraits. By using the James Meleney, Custom Pet Portraits website, you consent to the data practices described in this statement.

 

Collection of your Personal Information

To better provide you with products and services offered on our Site, James Meleney, Custom Pet Portraits may collect personally identifiable information, such as First and Last Name, Mailing Address, E-mail Address, Phone Number. If you purchase James Meleney, Custom Pet Portraits products and services, we collect billing and credit card information. This information is used only to complete the purchase transaction.

 

We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties, (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. 

 

To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.

 

Use of your Personal Information

James Meleney, Custom Pet Portraits may collect and use your personal information to operate its website(s) and deliver the services you have requested. We may also use your personally identifiable information to inform you of other products or services available from James Meleney, Custom Pet Portraits and its affiliates.

 

Sharing Information with Third Parties

James Meleney, Custom Pet Portraits does not sell, rent or lease its customer lists to third parties. We may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to us, and they are required to maintain the confidentiality of your information.

 

James Meleney, Custom Pet Portraits may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is

necessary to: (a) conform to the edicts of the law or comply with legal process served on James Meleney, Custom Pet Portraits; (b) protect and defend the rights or property of James Meleney; and/or (c) act under exigent circumstances to protect the personal safety of users of James Meleney, Custom Pet Portraits, or the public.

 

Automatically Collected Information

Information about your computer hardware and software may be automatically collected by James Meleney, Custom Pet Portraits as information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of James Meleney, Custom Pet Portraits website.

 

Links

This website may contain links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

 

Security of your Personal Information

James Meleney, Custom Pet Portraits secures your personal information from unauthorized access, use, or disclosure by using encrypted data for purchases.

 

When personal information (such as a credit card number) is transmitted to other websites, it is protected using encryption. We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of all information and data exchanged between you and us through this Site cannot be guaranteed.

 

Children Under Thirteen

James Meleney, Custom Pet Portraits does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parents or guardian for permission to use this website.

 

E-mail Communications

From time to time, James Meleney, Custom Pet Portraits may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. If you would like to stop receiving marketing or promotional communications via email from James Meleney, Custom Pet Portraits, you may opt out of such communications by replying "STOP".


Changes to this Statement

James Meleney, Custom Pet Portraits reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and/or by updating any privacy information on this page. Your continued use of the Site and/or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.

COOKIES NOTICE

 

James Meleney, Custom Pet Portraits website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

 

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize James Meleney, Custom Pet Portraits pages, a cookie helps the site to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the James Meleney, Custom Pet Portraits website, the information you previously provided can be retrieved, so you can easily use the features you customized.

 

You can accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the James Meleney, Custom Pet Portraits services or website.

Contact Information

James Meleney, Custom Pet Portraits welcomes your questions or comments regarding this Agreement, Statement of Privacy and Cookies Notice. If you believe that James 

Meleney has not adhered to this Statement, please contact James Meleney at:

 

Email Address:

jamesmeleney@gmail.com

 

Effective as of August 1, 2023

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