Terms & Conditions
The terms that apply to commission enquiries, quotations, payments and bespoke graphite artwork supplied by Em Curri Art.
1. About Em Curri Art
Em Curri Art is the trading name used by artist Em Currigan in the United Kingdom for graphite artwork and commissions. A business correspondence address is supplied with the formal quotation/contract information before you commit and is repeated on customer invoices. Contact: em.curri.art@gmail.com.
2. Enquiries and quotations
Information submitted through the website is a request for a quotation. Em may accept or decline an enquiry, including where the reference image is unsuitable, the requested timescale cannot be met, or rights to use a reference image are unclear.
Before you commit, the written quotation should set out the agreed subject, size and scope, the quoted total, any framing or delivery charge, the deposit, and the expected completion arrangements. The quotation for the individual commission forms part of the agreement and controls where it expressly differs from general information on the website.
3. When a contract is formed
Unless Em confirms a different arrangement in writing, a commission contract is formed when you accept Em’s written quotation and the deposit required by that quotation is received. The enquiry form itself does not create a contract.
Any information that consumer law requires before a distance contract is concluded should be provided before the commission is finalised.
4. Prices, VAT and payment
Prices are individually quoted. A typical quotation requires a 50% deposit before work begins, with the remaining balance due before collection or dispatch, but the written quotation for the individual commission controls.
Em Curri Art is currently not VAT registered, so VAT is not charged or shown separately on customer invoices. If that status changes, the website and future quotations will be updated as appropriate.
Stripe processing fees and other payment-processing costs are internal business costs. They are not added as a separate card or Stripe fee to the customer’s accepted quoted price.
Once a fixed quotation has been accepted, the agreed artwork price will not increase merely because the commission takes longer than expected or ordinary business costs are higher than anticipated. The price may change only where you request a material change to the agreed scope, or where an item was clearly identified as variable, such as an estimated delivery charge. Any additional amount must be explained and agreed before the extra work or cost is incurred.
5. Payment requests, invoices and receipts
After a quotation is accepted, Em may email a secure Stripe Checkout link for the agreed deposit. Payment-method details entered at Stripe Checkout are provided directly to Stripe. Depending on the methods Stripe makes available, this can include card, wallet or other payment-provider information. Em Curri Art does not receive full card numbers or payment credentials; do not send payment credentials to Em by email.
Once a Stripe payment is confirmed, the commission record is updated. A payment receipt and contract confirmation may be sent after the deposit is received. The quotation email includes versioned copies of the applicable Terms & Conditions and Cancellation & Refund Policy so you can retain the information that applied when you accepted the commission. When the artwork is complete and the final balance is ready to be requested, Em Curri Art may issue a numbered invoice showing the agreed commission total, the deposit already received and the remaining balance. A receipt is then sent after the final payment is confirmed. Where payment is made by another agreed method, the same underlying amounts and commission records apply.
6. The artwork
Commissioned graphite artwork is created by hand from the agreed reference material. The quotation should describe the subject, size and other agreed features. Hand-drawn work necessarily involves artistic interpretation and is not intended to be a pixel-for-pixel reproduction of a photograph.
The quality and detail that can reasonably be achieved depend in part on the reference material supplied. If a reference is blurred, cropped, poorly lit or otherwise limited, Em should explain any material limitation before you accept the quotation where reasonably possible. This does not remove statutory rights where the finished work is not as described or applicable services are not carried out with reasonable care and skill.
7. Reference photographs and copyright
You must only provide reference material that you took, own, are licensed to use, or otherwise have permission to provide for the commission. Providing a photograph does not transfer its copyright to Em Curri Art. Em may decline a commission if permission or ownership is unclear.
Copyright in original artwork created by Em remains with its legal copyright owner unless a written agreement expressly transfers it. Buying a physical artwork does not automatically transfer copyright. Em will not use a customer’s private reference image or commissioned piece for promotional display merely because an enquiry was submitted; separate permission should be obtained for portfolio or social-media use.
8. Changes requested by the customer
One reasonable minor revision is included where practical. A request to use a new reference image, alter the composition, add or remove subjects, change the size, or otherwise materially change the agreed brief may require a revised quotation and may affect the completion date.
Any material additional charge must be explained and agreed before the extra work is carried out. Corrections needed because Em has not followed the agreed brief are not treated as customer-requested extras.
9. Completion, collection and delivery
If you request a particular completion date, you must provide at least one month’s notice. A requested date is not guaranteed merely because it is entered on the enquiry form. Em will review availability and confirm the expected completion date in the written quotation before you commit.
Any completion date is an estimate unless expressly agreed as a binding date. If a material delay occurs, Em should communicate it promptly and, where appropriate, agree revised arrangements with you.
Collection is free where agreed. Delivery method and delivery cost should be stated or agreed before dispatch. Where a delivery charge was clearly identified as an estimate, the actual charge may be revised only after it has been explained and agreed with you.
Where delivery is arranged by Em Curri Art, responsibility for the artwork remains with Em Curri Art until you, or a person you identify, takes physical possession of it. If the artwork is lost in transit or arrives damaged, contact Em promptly with the commission reference and, where possible, keep the packaging and provide photographs. Em Curri Art will resolve the issue with you and will deal separately with any claim against the delivery provider.
If you independently choose and arrange a carrier that Em Curri Art did not offer, different statutory rules can apply to when risk passes. You are responsible for providing an accurate delivery address. Em will reasonably assist where an address problem occurs, but responsibility for resulting loss or extra costs will depend on the circumstances.
10. Cancellation, deposits and change of mind
Commissioned artwork is made to the customer’s specifications. Bespoke or clearly personalised goods are generally treated differently from standard goods for distance-selling change-of-mind cancellation rights. This does not remove statutory rights where artwork is faulty, damaged, not as agreed, or applicable services have not been performed with reasonable care and skill.
If you cancel before work on the artwork has started, the deposit will normally be refunded in full. If Em has already incurred a genuine, non-recoverable cost specifically for your commission and that cost can lawfully be taken into account, Em will explain it rather than automatically retaining the whole deposit.
If you cancel after work has begun, the deposit is not automatically forfeited in full. Any amount retained will be limited to what is reasonable in the circumstances, taking account of the stage reached, work completed, materials used or committed, the personalised nature of the artwork and other genuine losses caused by the cancellation. Any refundable balance will be returned through an appropriate payment route.
If Em Curri Art cannot complete an accepted commission for reasons that are not your fault, amounts paid for work or goods that will not be supplied will normally be refunded, subject to your statutory rights and the circumstances of the contract. See the Cancellation & Refund Policy for more detail.
11. Faulty, damaged or not-as-described artwork
If artwork arrives damaged, is faulty, or is materially different from what was agreed, contact Em promptly at em.curri.art@gmail.com with the commission reference and details. Where relevant, photographs of the artwork and packaging may help Em assess the problem.
Depending on the circumstances and your statutory rights, an appropriate remedy may include repair, redrawing or replacement where reasonably possible, an appropriate price reduction, or a refund. If damage occurred while a delivery arranged by Em Curri Art was in transit, any courier claim is a matter for Em Curri Art and does not replace your rights against Em Curri Art.
A personalised commission does not lose statutory protection simply because it was made to order. Nothing in these terms limits statutory consumer rights. Goods must meet applicable legal standards, including being as described and of satisfactory quality, and services must be carried out with reasonable care and skill.
12. Liability
Nothing in these terms excludes liability that cannot lawfully be excluded, including liability for fraud or fraudulent misrepresentation, or statutory consumer rights. Any other limitation must be interpreted subject to applicable consumer law and the requirement for contract terms to be fair.
13. Complaints
Please raise complaints first with Em at em.curri.art@gmail.com, including the commission reference where available. Em will aim to respond within a reasonable time and seek a fair resolution.
14. Law
These terms are subject to the mandatory consumer laws that apply to you and the contract. Nothing in these terms removes any right a consumer has to bring a claim in a court that has jurisdiction under applicable law.