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Commissioned Artworks Policy: for Artist

1. Obligations of the Artist

By accepting a commissioned order from a customer, the selling artist agrees to the terms and conditions specified in Arto Galleria’s Terms & Conditions of Sales. Here are the obligations any artist who undertakes a custom order for an artwork must fulfill.

1.1. Obligations to the Customer

The artist (“seller”) must respond to any customer request in a timely fashion and as professionally and courteously as possible. Any correspondence with the customer about his personalized artwork must be made using Arto Galleria’s internal messaging system.

An agreement must be reached between the artist and the customer. This agreement must include a clear timeline, a complete and detailed description of the type and nature of the desired artwork (including dimensions) and the final price, including shipping fees (the artist must not forget to consider Arto Galleria’s commission, as specified in our Commission Policy, when determining the price of the commissioned artwork). The artist and buyer must also agree on the shipping format (e.g., framed, stretched or rolled in a tube, etc.).

In addition, the artist must determine and let the customer know the amount of the deposit needed to undertake the artwork’s creation process (usually 30% to 50% of the total value of the artwork). This deposit will be retained by Arto Galleria until the artwork is delivered to the buyer. The deposit amount will remain unchanged once the transaction has been initiated, unless a change is expressly agreed upon by the seller and buyer.

Lastly, the artist has an obligation to start production of the artwork as soon as he or she receives confirmation of the customer’s deposit payment from one of Arto Galleria’s team members. The artist must, to the best of his or her capacities, execute the order according to the agreed upon terms and send regular updates to the buyer on the progress of his or her artwork.

1.2.Obligations to Arto Galleria

The artist must inform Arto Galleria of any confirmed agreement with a customer for the sale of a commissioned artwork. Arto Galleria must be made aware of all the terms of the agreement between seller and buyer. It is at this moment that the final price will be fixed, unless a change is expressly agreed upon by both parties.

Arto Galleria must also be notified as soon as the artwork is finished and ready for shipment. That is when Arto Galleria will request the customer’s final payment. The artist must ship the order as soon as Arto Galleria send confirmation of the receipt of the final payment.

1.3. General Obligations

The artist commits not to sell any custom artwork as a limited edition. One single copy must be produced. If any other type of commissioned artwork other than a print or photography (painting, sculpture, etc.) is ordered, no copy can be produced without the express consent of the customer.

IMPORTANT: The artist is never obligated to accept a custom order. The artist is only contractually obligated to complete an artwork commission when an agreement is reached with the customer and the initial deposit has been paid by said customer.

2. Arto Galleria’s Commitment

Since a commissioned order sale is made outside the automated transactional system that posted artworks on the platform are subjected to, Arto Galleria commits to offer the necessary services to complete custom artwork sales.

We must reiterate that Arto Galleria (“Us”) acts strictly as a commercial intermediary on artwork commission sales. Arto Galleria will work with the artist (seller) and customer (buyer) to ensure that the financial and transactional aspects of the order are managed as efficiently as possible and in a timely fashion.

Arto Galleria will send the artist a written confirmation of payment of the initial deposit, as settled upon in the agreement between the parties. Arto Galleria will also ensure a constant link between seller and buyer when appropriate and at the request of either party throughout the transactional process. Furthermore, Arto Galleria will manually process the transaction, in the customer’s name, on reception of the final payment funds.

Lastly, payment of the order will be transferred to the artist according to the selected payment method and subsequently to the confirmation of delivery of the artwork to the customer in proper condition (Payment Cycle). Since payment processing can take up to 4 business days, it is possible that the payment may only be transferred on the subsequent payment cycle in some cases. Arto Galleria will deduct the applicable fees and taxes, as specified in the Commission Policy.

Please contact Arto Galleria if you have any questions or concerns during and following this artwork commissioned process.

3. Returns and Disputes

The artist is never obligated to accept the return of a commissioned artwork, except in cases where it is damaged during shipment or that it does not correspond to what was agreed.

If a dispute arises between the seller and the buyer concerning the accuracy of the artwork as per the agreement’s established criteria, Arto Galleria will offer its services on a case-by-case basis. The artist is in no obligation to create a second artwork if the customer finds the original product unsatisfactory. However, if the artist decides to produce a second artwork, note that Arto Galleria will not request another deposit from the customer unless such an agreement is specified.

Arto Galleria reserves the right to reimburse the customer when there is a clear and undeniable difference between the final product and the artwork initially agreed upon, when the proper timeline is not observed, or if the seller does not provide to the customer sufficient updates on the progress of the artwork during the creative process (via Arto Galleria’s internal messaging system).

The final resolution for any dispute will come from Arto Galleria and both parties must accept the decision.

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Customized Artwork Policy : for Customer

By commissioning an artwork, the customer consents to a set of terms and conditions based on Arto Galleria’s Terms and Conditions of Use.

1. Customer's Responsability

1.1. Agreement

The customer (“buyer”) must provide all the required information (including potential images) to facilitate an agreement with the artist as to a timeline, price and such criteria as the format, style and execution of the commissioned artwork.

Once an agreement has been reached and the artist is authorized to undertake the project, the buyer will keep periodical contact with the artist and Arto Galleria’s team until the order is completed and final payment has been made. The buyer must accept the artwork as it has been shipped (framed, rolled in a tube, etc.), as per the set agreement with the artist.

Unless otherwise agreed upon between the parties, the total price determined by both seller and buyer will remain unchanged once the deposit is paid.

1.2. Transaction

When the agreement is concluded, the buyer pays a deposit equivalent to the amount agreed with the artist. This deposit is non-refundable. At this stage, the customer commits to purchasing the final product if he or she approves all of the artist’s updates during the subsequent artwork ‘s creative process.

The customer will verify all updates and submit his comments to the artist, when applicable. This exchange of messages with the artist can be viewed as an approval of the artwork at each stage of its creation.

The customer will make the final payment when the artwork is completed. If he or she chooses to cancel the order, the buyer will lose the non-refundable deposit. The customer will respect the artist’s creative process, style, technique, and freedom of expression. The payment of the deposit signify that the customer wishes to continue, with the artist, the order for the creation of an artwork commission based on all the works originally created by this artist at the time the order is placed.

The customer is not bound to continue with the order until the deposit has been paid.

2. Arto Galleria’s Commitment

We must reiterate that Arto Galleria (“Us”) acts strictly as a commercial intermediary on commissioned artwork sales. We will work with the artist (seller) and customer (buyer) to ensure that the financial and transactional aspects of the order are managed as efficiently as possible and in a timely fashion.

Arto Galleria will send the buyer and artist a written confirmation when necessary, including upon receipt of the deposit and final payment. Arto Galleria will also ensure a constant link between seller and buyer when appropriate and at the request of either party throughout the transactional process. Furthermore, Arto Galleria will manually process the transaction, in the customer’s name, on reception of the final payment funds.

Arto Galleria will supervise shipment and delivery of the artwork, after which the transaction will be completed.

Please contact Arto Galleria if you have any questions or concerns during and following this artwork commission purchase process.

3. Returns and Disputes

The customer waives any right to return a commissioned artwork, including any type of framing that could complete the final product. A return will only be authorized if the product is damaged during the delivery process or if it does not correspond to what was agreed. In such a case, Arto Galleria’s standard Return Policy will be applied, and the buyer will be fully refunded (including the deposit).

Arto Galleria’s team will offer counsel and support in case of a dispute between the buyer and the artist if the customer claims that the product does not match the description initially agreed upon. The artist is entirely free to produce, or not, a second order if the first one does not meet the customer’s standards.

Arto Galleria reserves the right to reimburse the customer when there is a clear and undeniable difference between the final product and the artwork initially agreed upon, when the proper timeline is not observed, or if the seller does not provide to the customer sufficient updates on the progress of the artwork during the creative process (via Arto Galleria’s internal messaging system).

The final resolution for any dispute will come from Arto Galleria and both parties must accept the decision.

Note: For your convenience, we have provided an English version of the original document. This translation is for informational purposes only, and the definitive and original version of this document is the French version.
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