Terms of service.
Terms and conditions for commissioning an artwork.
Section I – Interpretation
Artwork means an artwork produced by Katrina Brye, which shall refer to both Original Artworks and Print Artworks under these Terms and Conditions.
Agreement means the agreement that the Customer enters into when accepting the applicability of these Terms and Conditions to a purchase or another use of Services.
Customer is the party that executes the Order for Artworks supplied by Katrina Brye, or that otherwise uses and of the Services offered by Katrina Brye.
Intellectual Property Rights means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and (registered) trademarks, and any other intellectual property rights.
Order means the Customer’s order for the Artworks from Katrina Brye after following the step-by-step process as set out on the Website.
Original means an original, one-of-a-kind Artwork produced by Katrina Brye, of which Print Artworks may be made.
Print means a print of the Original Artwork created by Katrina Brye and sold through the Website to the Customer.
Services means the the services as offered by Katrina Brye which relate to are in support of the sale of Artworks.
Website means our website on www.katrinabryefineart.com, where the Artworks and Services are advertised.
Section II – Eligibility
By using the website and purchase the products, you represent and warrant that you have the full right, power, and authority to enter into these terms and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these terms.
Katrina Brye reserves the right to limit the number of units reserved and purchased by each user. Katrina Brye also reserves the right to limit sales of our products by region or jurisdiction.
Katrina Brye reserves the right to refuse the services or the sale of the Artworks to anyone for any reason at any time.
Section II – Payment/Prices
Katrina Brye reserves the right to determine the price of the products. In the case of portraits, the price my vary according to the size of the portrait and the number of subjects that will be drawn in the portrait. Please consult prices before making a reservation and subsequent purchase of the portrait. Product prices and shipping costs are subject to change at any time according to the value of exchange rates. Final prices stated by the artist are non-negotiable.
Quotes may be provided at the client’s request. They do not represent the final price. They are only an estimate at the time of sending and can be changed at any point in the future at the artist’s discretion.
Any amounts displayed on the Website or made known to the Customer in any other way shall be in United States Dollars ($), including applicable taxes and excluding shipping costs, unless explicitly stated otherwise. Typing errors and price changes are reserved.
Katrina Brye has the right to seize its Services until the Customer fulfills all payments due. The Services shall be reinstated once payment has been made in full.
Katrina Brye will make reasonable efforts to keep the price information published on the website up to date. We encourage you to check our website periodically for current pricing information.
Products will be paid through PayPal and the payment platforms available on the Website. In the case of portraits, the client must pay 25% of the total price of the portrait, according to the client’s specifications, before the product is shipped and delivered to the client. In the case of digital products, the user will have full access to the product once the payment process is completed.
Invoices are required to be paid in full within 10 days of sending them. If sending payment by mail, posted date must be within 10 days of the initial invoice.
Individual payment plans can be made after the $100 threshold.
A group commission must be paid for by 1 (one) person in order to avoid complications and miscommunications.
If the commission is needed by a specific deadline that is communicated to the artist in advance, the artist may apply a fee at their discretion.
Section III – Process/Deadline/Communication
The client must provide clear and concise references/descriptions of their subject matter in order to avoid confusion.
Any written text or communication must be in English.
Clients may request changes during the sketching process. Changes applied after this check in may require an extra fee based on the nature or complexity of the change.
Final commission piece will be delivered through traditional post with adequate packing to protect the artwork and shipping insurance up to the value of the artwork.
Section IV – License of Use
Upon completion of the payment process through the website and once the user receives the Artworks (physical products) or accesses digital products (images), Katrina Brye grants the buyer a standard license for limited use, for exclusively personal use, not including the commercial license of the images and artworks. The right to exploit the images and works, the authorized use of the images in different representations or graphic works and the commercial license can only be granted with the written authorization of Katrina Brye, which can be granted or denied at Katrina Brye’s discretion.
The customer may not resell or sublicense the product(s) to third parties without the prior written permission of Katrina Brye. The buyer also may not edit, modify, or use the files to create artwork or creative derivative works or products, may not distribute, and give away or include the images as part of a final product or work.
Unauthorized use of the images and videos or use of the images and videos without the respective commercial licenses may cause a violation of copyright and give rise to a claim, as provided by United States and international copyright laws.
Wven when the Customer purchases an Artwork, the ownership of any and all intellectual property rights in the Artwork remain vested in Katrina Brye. The Customer does not acquire any rights to multiply, reproduce, or modify the Artwork without having written permission to do so.
The Customer may not commercially exploit the Artwork, other than by re-selling the Artwork. The Customer solely acquires the right to display the artwork in their home.
The Customer’s purchase of an Original or a Print Artwork does not, in any way, limit Katrina Brye to sell the exact Artwork as a Print Artwork to any other customer.
Any depiction and/or image of the Artwork in the Customer’s home or interior in any publication, including but not limited to social media, magazines, or books, must come with attribution of Katrina Brye and the title of the Artwork.
Removing and artist watermarks and/or signatures is a violation of these terms.
Section V – Product Descriptions
Katrina Brye attempts to be as accurate as possible. However, Katrina Brye does not warrant that product descriptions, product prices, or other content of this website is accurate, complete, reliable, current, or error-free. Product descriptions and images may vary according to the color resolution of the user’s device screen.
Section VI – General Copyright
All materials on www.katrinabryefineart.com, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Katrina Brye or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all Materials on the Website are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Katrina Brye’s prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize the Website or any part of the material for any purpose other than its intended purposes is strictly prohibited. Please do not copy any content and pass it off as your own, as a copyright infringement will occur. Should any terms of service be breached, or the artist incurs damages caused by the client, the artist reserves the right to either issue a takedown DMCA notice or pursue damages through the Copyright Law of the United States.
Section VII – Electronic Communications
No responsibility will be accepted by Katrina Brye for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
Once your turn in the waiting list arrives, I will reach out to you via email. If I don’t receive a response, I will follow up with an SMS message. If I am unable to reach you after multiple attempts through these channels, and there is no response within 60 days of the initial contact, your deposit and spot on the waiting list will be forfeited. This policy helps maintain an efficient workflow and allows me to accommodate other clients who are eagerly waiting for their portraits.
Section VIII – Refund Policy
Returns or refunds are only made once the product has arrived at its destination and has been received by the buyer, no returns are made for products that are in transit to be delivered or that have not yet been delivered.
By making a purchase you declare and agree to be bound by the conditions of the refund policy as described in this section. Our refund policy does not affect your statutory rights.
Due to the nature of the Artworks created according to customer specifications, purchases are final and non-refundable. If an Artwork gets damaged or lost during shipping, Katrina Brye will not offer a refund, and any compensation for damages must be filed through the postal insurance of the package.
Deposits are non-refundable. When you book a portrait on my waiting list, you reserve a specific spot in my calendar, which prevents me from accepting other customers during that time. Every day dedicated to your booking means I am turning away other clients and substantial projects. Because your reservation directly impacts my ability to take on other work, I am unable to refund deposits.