Terms and Conditions

Terms and Conditions

When placing an order with us, you automatically agree to our terms and conditions, so it is in your best interest to read them through.

DEFINITIONS

ARTIST
The individual producing the Commission ("Lemandarin Workshop").

CLIENT
The individual purchasing the Commission.

COMMISSION
The form of service provided by the Artist to the Client per the Commission Agreement. "Commission," "Artwork," "Miniature(s)," and "Project(s)" are used interchangeably herein and in Commission correspondence.

COMMISSION AGREEMENT
The discussion, documented via email (or message), in which the Artist and Client agree to the subject matter and type of Commission to be produced, the Commission price, the point in time in which the Artist is expected to commence in Start of Work, and – if applicable – the Commission deadline, early termination circumstances, rush fees, Transfer of Copyright, and/or whether or not the Commission can be immediately displayed in the Artist’s portfolio. This Commission Agreement shall remain on record with the Artist, along with any other documents related to the Commission, for at least two years.

The Commission Agreement is considered final and not modifiable once full payment or deposit has been received.

START OF WORK
The point in time by which the Client has approved the Artist to start work on the Commission.

PROFILE(S)
Online locations where the Commission may be displayed (e.g., "galleries," such as lemandarinworkshop.be, Facebook and Instagram albums, DeviantART.com, Tumblr.com, Reddit.com etc.). "Profile(s)" do not include any sites that display hateful or racist imagery, illegal activities, or sites known to display, reproduce, and/or sell works without crediting the Artist. Additionally, no Commission may be displayed without notifying the Artist first, or as agreed upon in the Commission Agreement.

TERMS

SALE
The Artist hereby sells or transfers the Commission to the Client at the agreed value written in the Commission Agreement prior to the Start of Work.

PAYMENT
Full payments must be made in the signing of the Commission Agreement prior to the Start of Work, or alternatively, a 50% up-front fee can be paid after the approval of the Commission. In the event that payment is made in installments (i.e. 50% up-front), ownership of the Commission will only pass from the Artist to the Client on receipt of payment in full. The Commission will not be sent to Client until the agreed payment amount has been received. Payment method is determined as written in the Commission Agreement prior to the Start of Work (i.e. bank account transfer, PayPal).

In the event that payment is made in installments (i.e. 50% up-front), the Client has a period of 30 days after the announcement of the end of the work and the sending of the final photos by the Artist to pay the remaining amount. After this period, the commission remains the property of the Artist who can dispose of it as he wishes.

NOTE: All prices are specified as Euro (€EUR). It is the Client’s responsibility to ensure that they have converted currencies based on current exchange rates.

COMMISSION DESCRIPTION
The Client must specify the content of their Commission to the best of their ability prior to a Commission Agreement. The Client must provide as many details as possible of his wishes. The elements which have not been correctly detailed by the Client will be paint according to the wishes of the Artist. If the Client wants something in particular it is therefore his responsibility to provide the details before Commission Agreement.

Any change requested by the Client after the Start of Work will be subject to a price recalculation.

PREVIEW REQUESTS
The Artist will not spontaneously send photos during the creation process.
The Client may request a preview of the Commission at any time during the creation process, but may not request major changes to the Commission after Start of Work. Any major change (if possible) requested by the Client after the Start of Work will be subject to a price recalculation.

The difference between a minor or a major change is left to the discretion of the artist. For example, changing the color of a (1) pistol from silver to gold is usually a minor change allowed while changing the color of 10 pistols is considered a major change.

DEADLINES & FLEXIBILITY
The Artist will NOT take on Commissions that have a) strict or short deadlines; and b) if the Client is not flexible on deadlines. If the Commission is time-sensitive, a rush fee may be applied, to be defined and agreed upon in the Commission Agreement prior to Start of Work. The Artist, to the best of their ability, can give a general indication of how long the Commission will take to complete, and when the Client can expect to receive the finished product prior to the Start of Work. The Artist will inform the Client regularly of progress (will not include photo) or if changes to completion times have occurred. The Artist is not obliged to explain reasoning behind extensions or delays for the completion of a Commission, but will often do so out of courtesy.

PUBLIC DISPLAY & USE
The Client may display the Commission in Profiles as long as the Artist’s name ("Lemandarin Workshop") is prominently displayed along with a link to lemandarinworkshop.be or "@lemandarinworkshop" for social media accounts. Additionally, any Profile display of the Artist’s Commission must notify the Artist, unless already defined in the Commission Agreement prior to Start of Work.

SHIPPING & CUSTOMS
Commissions will be provided to the Client via postage and shipping. The Artist and Client will negotiate on which party will pay costs and expenses, including insurance, for the crating, packing and shipping of the Commission for delivery to the Client.

Any import tax or customs are the responsibility of the Client. It is also valid when the Client sends his models to the Artist. If the Artist has to pay import tax or customs, these will be passed on the final payment.
Packages are shipped by post service with tracking number. The Artist is not responsible for damages during transport, however if it had happened the Artist will do everything to help the Client solve the problem at a lower cost.

DAMAGES, THEFT & MISPLACEMENT
The Artist is not responsible for any damages made to the Commission except for those inflicted at the fault of the Artist or during the Artist’s possession. The Artist will contact the Client should this occur. The Artist is also not responsible for any theft or misplacement of the Commission. The Artist will ensure packaging of the Commission is safe and secure, and will provide postage and tracking details to the Client once the Commission has been posted. The Client accepts all possible risks once the Commission Agreement has been signed and payment made. If damages have occurred, the Client must notify the Artist within seven (7) days of receiving the Commission, and must provide evidence of said damages, the Artist can then propose a repair agreement to the Client.

REFUND POLICY
As this is a tailor-made creation, the Client does not have a right to Refund. If the Client requests the cancellation of the commission before the Start of Work, the Artist will keep 10% of the amount of the commission as compensation, the Artist will return the models sent by the client, the Client will pay the return costs. If the Artist has purchased models or materials or paid a fee for the commission, they will have to be paid by the Client and will be returned to the Client, the Client will pay the cost of return.

If the Client cancels the commission after the Start of Work, the Artist will keep 50% of the amount of the commission and the models will remain the property of the Artist who can dispose of them as he wishes.

DECLINE OF OFFERS
The Artist has the right to refuse any Commission request, without needing to explain the reason (however, the Artist will likely explain reasoning for decline out of courtesy).

ARTIST CANCELLATION OF COMMISSION
The Artist reserves the right to stop work on a Commission, or cancel a Commission request due to poor communication, rude/inappropriate behavior, an inability to effectively communicate in the English or French language, or a breach of these Terms of Service.

PROMOTION
The Artist may use any images of the Commission for promotional purposes, unless otherwise agreed upon in the Commission Agreement (see Term Confidentiality).

ADDRESS NOTICE
The Client is responsible for insuring that their contact details are true and correct. Either party shall notify the other party in case of change of address prior to such change.

MORAL RIGHT
The Client will not permit any use of the Artist’s name or misuse of the Commission which would reflect discredit on his/her reputation as an artist, or which would violate the spirit of the Commission.

ACCEPTANCE BY THE CLIENT
This contract is considered valid and accepted by the Client from the moment the Client pays the requested deposit or full payment. The payment of the deposit or full payment is effect of signature for the Client.

01/2021 - -

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The commission process is simple! First just fill out the quote request form by clicking on the button below and we will get back to you with a quote and a timeline. Also read our Terms & Conditions.

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