This website (https://www.juliavaughanart.com) is owned and operated by (the Artist), Julia Vaughan. These Terms set forth the terms and conditions under which you may use the Artist’s (Julia’s), website and services as offered by the Artist. This website (Site) offers visitors original and/or commissioned works of art by Julia Vaughan. By accessing or using the Site of the Artist and/or receiving the Artist’s services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this Site and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

 

Sale of Items

 

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices the Artist charges for products are listed on the Site. The Artist reserves the right to change prices for products displayed at any time, and to correct pricing errors that may inadvertently occur.

 

Shipping and Delivery 

 

When you purchase items from the Site, delivery will take place as reasonably as possible. Delivery times may vary due to unforeseen circumstances. 

 

Shipping charges will be listed and applied at checkout. You will be required to pay delivery charges in addition to the price of the item you purchase.

The Artist reserves the right to adjust any shipping charges. 
If adjusted, you will be required to pay any delivery charges in addition to the price of the Site, if applied, in the amount listed at check out. 

 

If you purchase items from this Site for delivery to a destination outside of Canada your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. 
Please contact your local customs office for more information before making a purchase. Art By Julia Vaughan is not responsible for the payment of any such duties or taxes and is not liable for any failure by you to pay them.

 

You are required to provide a complete and accurate delivery address, including the name of the recipient. Art By Julia Vaughan is not liable for the delivery of your items to the wrong address or wrong person as a result of you providing inaccurate or incomplete information.

 

Shipping and Delivery of Commission Artwork

 

 All attempts will be made to complete the artwork by the *intended delivery date but in the case of unforeseen circumstances, you will be notified of any delays within 72 hours of the due date or as soon as a delay is caused. You will be reimbursed (or discounted) 15% of the Base Price if it is not delivered on time and reimbursed (or discounted) 50% of the Total Price, if it is not completed within 2 weeks of the originally *intended due date. In both cases, you will still receive the artwork in addition to the discount. This disclaimer only exists for extreme circumstances, artwork is nearly always delivered on time. 

 

Return and Refund Policy 

 

If you encounter any issues with your purchase, please contact the Artist within 7 days of receiving the artwork to discuss potential resolutions.

Please note that commissioned pieces are personalized and are not eligible for *returns.

For any undamaged, regular priced item, that is not commission artwork. You may return it with its original packaging and receipt within 14 days of the date you receive the product. Once the returned, undamaged artwork has been received, the Artist will either offer an exchange of equal value or a refund based upon the original payment method. Please note the following: (i) returns based solely upon a change of mind, are sometimes unavoidable- however, if this is the only reason for a return, it will be up to the buyer to pay the return shipping fee, and to provide a way for the item to be tracked in it's return, and (ii) the following products are not eligible for return/refund: All 'sale' items, All commissioned artwork paid in full.

 

Damaged or Lost Shipments

 

If your artwork arrives damaged, please contact Art By Julia Vaughan within 7 days of receiving the artwork, with photographs of the damage. The Artist will work with you to resolve the issue, whether through a *replacement (if possible) or a refund.

Please note that: (i) all sale items are final sale, (ii) The Artist does not accept returns or exchanges on sale items, except in cases of damage during shipping, and (iii) *Commissioned artwork paid in full, is non-refundable due to its personalized nature, however, in cases of damage during shipping, the Artist will work with you to resolve the issue either through a replacement or a (partial) refund of the commissioned artwork. Amount of which will be determined by the Artist, after receiving and reviewing the documented damage.

 

For Lost Shipments, please reach out, and the Artist will file a claim with the carrier on your behalf.

 

Commission Artwork

 

An initial consultation with the Artist will provide you with all the details,  and help you with making an informed decision, including an estimated  amount of time for creation, and an *intended delivery date for your commissioned artwork.

 

Right to Refusal of Commission Artwork

 

You will retain the right to not purchase commissioned artwork at any time leading up to payment in full. Please note: that any money already paid before refusal ie. your deposit, will not be refunded to you under these circumstances. This relieves the Artist of being indebted to you if a refusal occurs.

 

Commission Artwork Agreement

 

After your initial consultation, the Artist will send you a 'Commission Artwork Agreement’.

Please read the full terms and conditions carefully and sign where indicated as this Agreement is in place to ensure both parties are protected, by: relieving the Artist from being indebted to the Client if a refusal does take place, and allowing the Client the Right to Refusal of the Commissioned Artwork up until payment is made in full.

Full payment is only due once the Artwork has been completed, and there has been final approval by the Client.

Please note the following: (i) The ‘Commission Artwork Agreement’ will be sent via Art By Julia Vaughan’s email info@juliavaughanart.com, and (ii) the ‘Agreement’ is to be electronically filled out/signed and sent back to the same email address.

 

50% Deposit

 

The 50% Deposit amount will differ, depending on the canvas size chosen for the commissioned artwork as it will be half of the amount of the base price for the ‘canvas size’ you choose.

Base prices and deposit amounts are listed under the product information on the Commission Artwork Deposit page, found in Art By Julia Vaughan’s web shop.

Confirm your decision to move forward with the commission artwork by placing a 50% deposit down, which will be required at the start.

You will retain the right to cancel at anytime during the process - until payment is due in full. Upon a cancellation taking place, the 50% deposit is non-refundable and at completion, the 50% deposit will be taken off the Total Price.

 

Remainder Due at Completion of Commissioned Artwork

 

The Remainder Due at Completion will be the other 50% of the base price as well as any additional mixed media costs, as discussed in initial consultation.

Deposit Payments will be processed through the Commission Artwork Deposit page through the Art By Julia Vaughan Web Shop and 

Final Payment(s) will be processed through an invoice sent via Art By Julia Vaughan’s email: info@juliavaughanart.com or, a pay link through Art By Julia Vaughan’s Square or PayPal account.

 

Changes

 

The Artist may, without prior notice, change the services; stop providing the services or any features of the services offered; or create limits for the services. The Artist may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

 

Intellectual Property  

 

The service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Julia Vaughan. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

 

Sharing of Artwork on Social Media

 

Social media sharing and other public sharing of artwork are vital for marketing purposes of the Artist. This includes, but is not limited to, artwork potentially being displayed on artist’s Facebook, Instagram, website, studio, brochures, web and print advertisements and business documents. You must consent to completed work, as well as reference photos, being used for these purposes. 

When sharing artwork on social media, you agree to give the Artist credit through clear and visible labeling, tagging or verbal acknowledgement.

 

Accounts

 

The Artist may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in the Artist’s sole determination, you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. 

 

Indemnity 

 

You agree to indemnify and hold Julia Vaughan harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the Site or any of the services offered on the Site.

 

Limitation of Liability 

 

To the maximum extent permitted by applicable law, in no event shall Julia Vaughan, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

 

To the maximum extent permitted by applicable law, Julia Vaughan assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the service; and (iii) any unauthorized access to or use of the secure servers and/or any and all personal information stored therein.

 

Continued Use

 

The Artist reserves the right to modify these terms from time to time at their sole discretion. Therefore, you should review these page periodically. When the Artist changes the Terms in a material manner, they will notify you that material changes have been made to the Terms. Your continued use of the Site or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future version of the Terms, do not use or access (or continue to access) the Site or the service.

 

Promotional Materials

 

You agree to receive from time to time promotional messages and materials from Art By Julia Vaughan, by mail, email or any other contact form you may provide (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify the Artist at any time.

 

Applicable Law

 

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Canada, British Columbia without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Vancouver, British Columbia.

 

Severability 

 

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of the Terms and Conditions will still be considered valid.

 

Contact Details

 

Please contact Julia if you have any questions or concerns.

Julia’s contact details are as follows:

Phone number: (604)9286811

Email: info@juliavaughanart.com 

Also, see Art By Julia Vaughan’s Privacy Policy below.