Frequently Asked Questions

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Last Updated: April

2024

Copyright (©) is an intellectual property right that protects the artist's exclusive rights to their original work, allowing them to publish, distribute, and modify it.

As the artist and creator, I own the copyright of any creative work I create, such as a book, song, photo, or artwork, once it is in a tangible form. That gives me the exclusive sole right to use and distribute my work.

Copyright gives creators rights for my fixed, tangible. It provides protection and ensures only the creators can profit commercially from their art. This includes the rights to make reproductions, distribute, display publically, and/or create derivative works from the original art.

When you purchase artwork, you acquire the physical piece only, not the copyright. The artist retains copyright to their work, allowing you to display the artwork for personal use only. You do not have the legal right to reproduce the artwork for commercial purposes or for profit without written permission from the artist.

The Visual Artist Rights Act (VARA) protects creators by allowing them to claim authorship and prevent unauthorized use of their name on the artwork they did not create or work that damages their reputation. This includes the right to claim authorship and the right to prevent their name from being used on any work they did not create or work that has been distorted, mutilated, or modified in a way that could damage their honor and reputation. For more information, click the link above.

To learn more about the Copyright Act of 1976, Section 106 as amended, codified in Title 17 of the U.S. Code click the link above.

For all orders, including original art and art prints, are packaged securely with insurance and a tracking number. You will receive an email notification with your tracking number when the order has shipped.

US orders are shipped via USPS, UPS, or FedEx. International orders may incur customs, duty, or tax fees, which will not be covered by the shipping cost when I open to selling internationally.

Please beware that custom-commissioned artwork is made to order and will take time to create depending upon the agreed-upon artwork commissioned.

The time to craft commissioned paintings can vary. Typically, small paintings can be completed in about seven business days or less, excluding shipping. However, timelines may vary depending on factors like the artwork’s size and complexity, the quality of the provided photo references & receiving them in a timely manner, prompt completion of the required steps, good communication, and the volume of commissioned orders received during a campaign, holiday, and season.

Additionally, please be aware that delivery of the artwork may be subject to delays in case of carriers on strike, inclement weather, especially snow and ice in Alabama, affects road clearing and the challenges in wintery conditions, impacting road clearing compared to Northern states. Otherwise, I will keep you informed if the process extends beyond the aforementioned conditions and timeframe.

By diligently following these steps, you’re not only ensuring a seamless process but also contributing to the creation of a unique and cherished pet portrait, spreading love to our furry friends, and making a lasting impact together!

SHIPPING POLICY

Last updated on April 2024

INTERPRETATIONS AND DEFINITIONS

Welcome to Amy Boardman Art! Your satisfaction is my priority, so let’s clarify my Shipping Policy:

1. Processing Time: The time to process and ship orders are 1-5 business days, unless otherwise specified. This processing time excludes custom-commissioned artwork orders.

2. Weekends and Holidays: Orders are not shipped on weekends or holidays.

3. Possible Delays: During peak periods, seasons, holidays, inclement weather, or a carrier strike, your order may experience delays. Please allow extra transit days for delivery. If there is a significant delay, I will notify you via email or phone.

4. Shipping Methods: Standard shipping is via USPS or UPS. Contact me for alternative carriers like FedEx at your expense. Shipping costs are based on your order size, location (US or International), and the chosen shipping method unless it is a special request.

5. Delivery Times: Standard delivery takes 3-5 business days, two-day delivery arrives within 1-2 business days, and overnight delivery is the next day (continental US Only). Occasional delivery delays may occur, during holidays, peak seasons, inclement weather, carrier strikes, or high-order volume.

I appreciate your business and understanding of these terms. For questions or assistance, reach out anytime.

SHIPMENT TO P.O. BOXES OR APO/FPO ADDRESSES

•I ship within the U.S., U.S. Territories, and APO/FPO/DPO addresses.

SHIPMENT CONFIRMATION & TRACKING #

You will receive a shipment confirmation email with a tracking number(s) and insurance within 24 hours of shipping.

CUSTOMS, DUTIES, AND TAXES

International orders may incur customs fees at your expense and they are separate from the shipping fees. Customers are responsible for any fees imposed during or after shipping (customs, duties, tariffs, or taxes applied to your order).

DAMAGES

Refer to the ‘Returns, Refunds, and Cancellation’ section for damages.

RETURN POLICY

Last updated April 2024

Your satisfaction is paramount, and I strive to ensure that your experience with my artwork exceeds your expectations. Should you encounter an issue with your order or need, to make a return, please contact me within seven days of receiving your shipped artwork.

Upon receipt of your message, I will respond promptly within 1-2 business days to address your concerns and find a solution.

Here are some key details about my return process:

1. Condition of Returned Artwork: Artwork must be in new, pristine condition for a smooth return and include all accompanying materials, such as the Certificate of Authenticity, any gifted notecards, letters, and any other relevant items, including a copy of the original receipt as proof of purchase.

2. Shipping Costs: Costs associated with the original shipment will be deducted from refunds, and return shipping costs are at your expense. Additionally, take special care in packaging the artwork for return. The artwork must be properly and securely packaged for protection, provide a tracking number, and be fully insured for the cost of the original purchase, at the time of the return.

3. New Artwork Delivery: If a replacement artwork is chosen, additional shipping & handling insurance and tracking costs will apply at your expense.

4. Return Shipment: You are responsible for arranging and paying for the return shipment of the original artwork. I require the returned original artwork be packaged properly and securely, fully insured, and obtain a tracking number to ensure the safe return of the artwork. Any damages incurred during the return that are not the fault of the carrier will be your responsibility and deducted from the refund.

Exceptions:

Custom-commissioned artwork is non-refundable. Due to the nature of these paintings being customized one-of-a-kind artwork handcrafted and created to your specifications and vision.

Sale Items:

Sale and discounted items are final sales and cannot be returned.

For detailed return instructions or any questions, please contact me via my website.

Custom-Commissioned-Artwork Contract

Last Updated April 2024

Custom artwork is tailored to your specifications and vision. Should you have any questions, please contact me via my ‘contact’ page.

I offer refunds and returns, with specific conditions details in the ‘Returns, Refunds, and Cancellations’ section, except for custom-commissioned artwork which are custom-tailored orders.

Section 1-Custom-Commissioned Artwork Terms:

By commissioning me, you agree to these terms:

All rights to the artwork are reserved to me, the artist. You are only allowed to use the original artwork for personal use. Commercial use or reproductions are not allowed unless written permission is given from me the artist.

Reposting Guidelines:

You can repost my artwork with permission and proper credit, keeping my signature intact.

Prohibited Actions:

Please respect my work and do not alter, replicate, or claim my work as your own. Breaking these terms may result in being banned from commissioning me.

Section2: - Payment Information

Payment Methods:

I accept USD payments through PayPal, Stripe, and Square.

Payment Deadlines:

Payment is due within 24 hours after receiving a sketch or a quote.

Refund Policy:

Full refunds for cancellations before work begins. Partial refunds may apply during the process.

1. If you cancel your commission before I start working on it, you will receive a full refund.

2. If you cancel during the process, refunds will be case-by-case, with the following basis: Draft Concept Phase (90%), Sketching Phase (50%), and Painting Phase (0%). No refunds for completed or nearly completed commissions.

3. I reserve the right to cancel the commission at any time, with a full refund if I cannot complete it.

4. If there is extensive prolonged delayed communication on your part delaying the progression of the commission piece, I reserve the right to cancel the commission. See refunds policy.

Section 3 - Contact and Communication

We can discuss commissions via email, text, or a phone call.

Visual Reference Guidelines:

Refer to my website’s ‘Commissions’ page for visual reference guidelines.

Provide clear non-pixelated photos for an accurate representation of the subject. If the commission is a pet portrait, you must include one front-facing image.

Section 4 - Artistic Scope:

I paint various subjects and I will not replicate another artist’s artwork (Disney, Pixar, etc.) nor do I accept offensive content which is defined at the artist’s discretion of what is considered and deemed offensive.

If your request is offensive, does not fit my style, I may decline or refer you to another artist.

Disallowed Content:

Customers must be 18+ years old. I paint a wide range of subjects but won’t replicate other artists' styles or copy and recreate another artist's work that is copyrighted due to copyright infringement. However, I can create parodies, such as the gothic painting with different individuals in place of the original charaters and recreate individuals in a humorous or satirical manner. Content that is offensive or disrespectful will not be accepted based on the artist's discretion.

Section 5 - Workflow Process

Expect slight variations based on my artistic style and voice and utilizing my artistic freedom. When provided photo references, I will create an image based on them, unless a deviation is agreed upon. If you are not sure what my style looks like, take a look at my work in my ‘gallery’ section.

Estimated Completion Date:

The estimated completion time for a commission piece typically takes 3 days to 2 weeks, depending on the size and complexity of the artwork. While potential delays are rare, they may occur due to unforeseen circumstances such as postal strikes, hazardous weather conditions, or health-related issues. Your prompt communication is crucial in ensuring a smooth workflow towards completion. If there is a prolonged delay without communication, it may result in canceling the project without a refund.

Works in Progress (WIPS):

I may provide a concept sketch and require your approval during the start of the project. If WIPS are provided, progress stops until you approve. Timely communication is essential to avoid delays beyond my control.

Revisions and Edits:

Major changes must be made during the sketch approval. Any major changes after the sketch approval will be an additional cost at your expense. After that, significant edits require a revised price discussion. (Major changes are making significant changes to composition, adding or removing elements, changing color scheme and mood, revision of character design and proportions, and change the overall concept or narrative of the piece.) Any major changes start at the base price of $50 per major change depending on the significant changes, complexity, and the scope of the revisions, plus $50 an hour dependent on how significant the major changes are to the custom commission piece.

Minor edits at no extra cost. (Minor changes are adjusting a color, a tone, and shading.}

Sharing Your Art:

Your input matters. Inform me if you prefer privacy or if this is a gift to surprise someone.

Otherwise, I will exercise my discretion to freely share any Work-In-Progress (WIP) updates online through social media platforms, promotional purposes, and my website

Artist Reproduction Rights:

I retain the rights for promotional use and reproductions of all commissioned artwork I create. We can discuss limiting or relinquishing reproduction rights for an additional cost - a retainer fee for granting the client exclusive rights to the artwork.

In our agreement, we will need to specify in writing whether the reproduction rights are granted, withheld, or limited and extra costs.

I am excited to work on your custom. piece! Contact me to get started.

Last updated April 2024

WEBSITE DISCLAIMER

The content on https://www.amyboardmanart.com (referred to as the “Site”) is intended for general informational purposes. While we strive for accuracy, we cannot guarantee the completeness or reliability accuracy, sufficiency, validity, reliability, availability, or comprehensiveness of the information found on her Site. Your use of this website and its content is at your own risk, and we are not liable for any loss or damage incurred.

TESTIMONIALS DISCLAIMER

I value beneficiary and customer feedback and include testimonials on my site. However, please note that individual experiences may vary, and testimonials reflect personal opinions. I review and may edit testimonials for clarity and brevity but do not endorse or have any financial relationship with reviewers. This disclaimer ensures transparency and helps visitors understand the context of testimonials.

Privacy Notice

Last updated April 2024

Your privacy is important to me I may collect, store, use, and/or share your information when you use my services (“Service”) at https://www.amyboardmanart.com or engage with Amy Boardman in sales, marketing, or events. I you have questions or concerns, please read this notice or contact me through my website’s ‘contact’ page.

KEY POINTS:

What Information Do I Process?

I process personal information based on your interactions with Amy Boardman Art and the services you use.

Sensitive Personal Information:

I do not process sensitive personal information.

Information From Third Parties:

I may receive information from public databases, marketing partners, social media platforms, and other sources.

HOW DO I PROCESS YOUR INFORMATION?

I process your information legally for providing, improving, and administering my services, communicating with you, ensuring security, and following laws. Your consent is necessary for additional processing.

SHARING PERSONAL INFORMATION

I share personal information only with third parties necessary for order fulfillment, such as print-on-demand and email marketing services.

YOUR RIGHTS

Your privacy rights are important. If you have questions about your rights, please contact me.

EXERCISING YOUR RIGHTS

You can exercise your rights by contacting me through my ‘contact’ page. I take your requests seriously and protect your data and privacy.