Bird and Beast | Terms & Conditions
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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.

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.co.uk.

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.

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. Where a charcoal portrait is drawn, the client will be notified via Instagram unless otherwise requested. The client is given the right to purchase the signed original drawing but is under no obligation to do so. Payment is made using direct bank transfer or PayPal.

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 (directly, or via an Instagram comment or tag,) the client understands and agrees to these terms and conditions unless otherwise agreed in writing directly with Laura McKendry.

Online Shop – Terms & Conditions

The terms and conditions below apply only to items purchased from the online shop Bird & Beast. They do not apply to personalised commissions. Personal commissions operate under their own terms and conditions which are provided above and to a customer during the commissioning process.

Copyright: Laura McKendry retains the copyright of all electronic and printed artwork, logos and graphics. It must not be re-created in any form without written permission. This copyright shall be strictly enforced and protected by English and international copyright laws.

Placing an order: When a you place an order it constitutes an offer to purchase goods from Bird & Beast at the currently advertised price.

Acceptance of an order: If Bird & Beast is unable to complete an order, payment will be refunded to you in full.

Availability of stock: Where items are unavailable, you will be given the choice of a full or partial refund on your order.

Variation in products: Colours may vary from those shown on the website or in printed samples.

Delivery: We aim to ship items within 2 working days of an order being received. All items are shipped by Royal Mail Second Class post (2-3 days) unless otherwise agreed. Bird & Beast accepts no liability for items delayed. If you require an item by a specified date, please email us and we will do what we can.

Returns: If you are not satisfied with any product please contact Bird & Beast by email (laura@birdandbeast.co.uk). You may return unwanted items in their original and un-used condition within 10 days of receipt for a replacement or refund. No replacement or refund will be given until Bird & Beast has received the items returned and is happy that the product is in its original and unused condition. You are liable for the cost of returning an unwanted item. When refunds are due they will be made by cheque or the same payment method used when the order was placed. The original delivery cost of an item will not be refunded.

Cancellations: To cancel an order please email us (laura@birdandbeast.co.uk) as soon as possible. Orders that have already been despatched will need to be returned as a Refund. An administration fee may be deducted for cancellations made after items have been packaged.

Mistakes: Every effort is made to ensure that all information about products, breeds, species and materials is as accurate as possible but Bird & Beast accepts no liability for any errors or inaccuracies in correspondence or on the website.

Bird & Beast reserves the right to amend or replace these Terms and Conditions at their discretion. Amended Terms and Conditions will be added to birdandbeast.co.uk website.

Returns address: 7 Windsor Road, London N13 5PP, United Kingdom.