Terms & Conditions

Private portraits – Terms & Conditions

Source material
It is the responsibility of the client to ensure he/she has obtained any necessary permissions for all reference materials or visuals supplied by the client and shall indemnify Laura McKendry against any and all claims and expenses including reasonable legal fees arising from Laura McKendry’s use of these materials. The photographer retains copyright of the photographic images, but gives his/her consent for Laura McKendry to work directly from these images and understands that the original photograph may be identifiable from the source material. Images and videos supplied to Laura McKendry will only be used as reference for drawing and will not be distributed more widely without the client’s consent.

Process
Clients agree to entrust the process of creating a commissioned work entirely to Laura McKendry and understands that they will not be permitted to direct the process or request alterations. Commissions are only undertaken on this basis and directive input by the client at any stage of the process can not be accommodated. Clients may indicate at the outset a preference of their own source photographs or preferred examples of Laura McKendry’s previous work. Once commission terms have been agreed, changes to the brief by the client may not be possible and may incur additional costs.

Payment
It is understood that in supplying images to Laura McKendry the client is requesting a portrait to be drawn, but unless a deposit has been paid, Laura McKendry is under no obligation to fulfil this request. Payment is made using direct bank transfer or PayPal. PayPal payments may incur an additional fee, payable by the client. Deposits are non-refundable unless Laura McKendry is unable to complete the commission. The final balance is payable on completion. In the unlikely event the client is dissatisfied with the commission, no final balance will be owed to Laura McKendry. In this instance Laura McKendry retains ownership of the artwork and any preparatory sketches.

Shipping

Shipping costs will incur an additional charge and prices start at £15.00 for fully insured UK couriers for unframed drawings. International clients are responsible for paying any taxes or import duties on deliveries. If your item is lost or damaged, please contact Laura McKendry as soon as possible.

Returns

Returns on custom-made products, such as portraits, are not accepted.

Copyright
Laura McKendry retains copyright of all drawings including images shared electronically. Retention of copyright includes all reproduction rights, licensing rights and the right to claim statutory copyright. No artwork may be reproduced or copied (including screenshots or downloads) by the client without prior written approval of Laura McKendry. Clients are welcome to share drawings on their own Instagram feed but must credit @birdandbeast_art. Images should not be cropped, edited, or a filter applied in any way without prior written consent from the artist.

Reproduction
Laura McKendry retains the right to license reproductions of any artworks for UK or Worldwide use. She may use the animal’s name in licensing the image, unless otherwise agreed with the client, but no reference will be made to the client’s name or personal information. The client understands that he/she is not entitled to any profits received in respect of the licensing of reproductions of drawings created by Laura McKendry even where the work of art is created using the client’s animal or photographs.

Display
The client hereby allows Laura McKendry to display any images created using the client’s photographs or videos in her, and her agent’s, portfolio, literature, web site and advertising, including all forms of social media. Where the client has his/her own presence on social media, a direct link may be used to reference the client unless anonymity has been previously agreed.

Data protection
Name and contact information provided to Laura McKendry will only be used for the delivery of the drawing. It will not be shared with any third parties, not be used for direct marketing by Laura McKendry or Bird & Beast, and will not be stored for longer than required to complete the transaction.

Agreement to terms
In commissioning a portrait, or supplying images to Laura McKendry, the client understands and agrees to these terms and conditions unless otherwise agreed in writing directly with Laura McKendry.

If you have any concerns about the payment of a deposit, Laura’s terms or have any questions, please contact Laura by email and she will happily arrange a time to talk through your queries.

Prints – Shipping & Returns Policy

Environmental policy

We work with a fully end-to-end carbon neutral printing partner, so all prints and framed artworks (and their delivery) are certified carbon neutral.

All papers and wood-based materials are sourced from Forestry Stewardship Council certified sustainable sources. Packaging materials have been carefully selected to reduce the impact on the environment whilst still ensuring your artwork gets to you in perfect condition. Plastics are kept to a minimum and all packaging materials are sustainably sourced, being a mixture of recycled, recyclable or biodegradable materials.

Shipping

We provide free global shipping for all prints and framed artworks to almost every country in the world. Should your address not be accepted at checkout, please contact us and we will try to find a solution.

Orders are dispatched within 3-5 days and would thereafter arrive within 1-2 weeks to the UK or Europe and in 2-3 weeks to North America. Other destinations may vary (please allow up to four weeks).

You will receive a tracking number via email upon dispatch. All shipments are made using the most efficient and cost effective shipping route, via Royal Mail, Deutsche Post, DHL, TNT or UPS.

Returns on damaged or lost artwork

In the unlikely event of receiving a damaged artwork, please contact us within 48 hours with pictures of the damage. Once confirmed, we will endeavour to replace the edition, free of cost.

In the event that we are unable to replace the edition, we will arrange a refund upon receiving the returned damaged artwork and corresponding Certificate of Authenticity (where applicable).

Customs

We offer customs-free delivery to the UK, EU and US and customs duties are prepaid for Canada, Switzerland, Norway, Australia & South Africa, however, for other regions, you may have to pay a customs clearance fee as required by your port of delivery.

Got another question?

Please contact us on dogs@lauramckendry.com with any other questions.

Website Terms & Privacy

Please read these terms and conditions carefully. They set out the terms under which the birdandbeast.co.uk website (‘the Site’), together with the content, ordering and other services found on or from it from time to time, are made available to you.

By accessing the Site you agree to be bound by these terms and conditions.

Copyright, ALL RIGHTS RESERVED

At all times the copyright on all artworks shown on this website belongs to the artist represented on this Site.

The Site owners have the right, or have obtained the rights, to reproduce all the artworks displayed on the site in print or framed print format.

All images remain the property of the artist represented on this Site and no form of reproduction for private use, commercial sales or non-commercial distribution is permitted without prior permission of the artist and/or Site owner.

Your use of the Site carries with it no rights in relation to copyright, trade marks or other intellectual property rights in the Site. All website design, text, graphics and arrangement thereof, and all software compilations, underlying source code, and all other material on the Site are Copyright of the artist represented on this Site.

Use of the Site

You agree that you will only use the Site in a manner that is consistent with these terms and conditions and in such a way as to ensure compliance with all applicable laws and regulations.

You are free to use the links to other web sites or resources that we, or our partners, may provide on the site from time to time provided that we cannot accept responsibility for these, nor can we be deemed to have endorsed their content.

While we take reasonable steps to prevent the introduction of viruses, we cannot warrant that our site, or others to which we give access, is free of viruses.
To the fullest extent permitted at law, we are providing the Site and its contents on an “as is” basis and make no (and expressly disclaim all) representations or warranties of any kind, express or implied, with respect to the Site or the information, content, materials or products included in the Site including, without limitation, warranties of merchantability, quality and fitness for a particular purpose. In addition, we do not represent or warrant that the information accessible via the Site is accurate, complete or current.

We reserve the right to suspend, restrict, or terminate your access to the Site for any reason.

Other Conditions

These terms and conditions may be amended and/or be extended to include other conditions applicable to specific products or services offered on the Site from time to time and shall continue to be binding on you provided that any such changes are clearly notified on the Site.

You must abide by these terms and conditions. We reserve the right to terminate your use of the Site or processing of any order if you violate this Agreement.

These terms and conditions are governed by the laws of the United Kingdom and you hereby consent to the exclusive jurisdiction of the United Kingdom courts in all disputes arising out of or relating to the use of the Site.

Use of the Site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this clause.
This privacy statement sets out the basis on which we will use any personal information that we may collect about you as a visitor of, or customer of our Site.

We may collect and process the following information about you:

  • Information that you give us: This is information about you that you give to us by filling in forms on our website (or other forms that we ask you to complete) or corresponding with us by telephone, post, email or otherwise. It may include, for example, your name, address, email address and telephone number; your date of birth, information about your
    relationship with the Site owner (including your purchase history and feedback you have provided to the Site owner).
  • Information that our website and other systems collect about you.

We may use your information for the following purposes if you have subscribed to receive our newsletter:

  • To operate, manage, develop and promote our future events, exhibitions and
  • occasionally with details of special offers, new products or artworks that have been added to the Site.

Your rights

You have a right of access to the personal information that we hold about you, and to related information, under data protection law. You can also require any inaccurate personal information to be corrected or deleted. You can object to our use of your personal information for direct marketing purposes at any time and opt out / unsubscribe from any further emails, marketing or communications and you may have the right to object to our processing of some or all of your personal information (and require them to be deleted) in some other circumstances.

If you wish to exercise any of these rights, please contact us as set out below.

Contact us

We welcome questions, comments and requests regarding this privacy statement and our processing of personal information. Please send them to dogs@lauramckendry.com