Terms and conditions | AtelierbyErica

TERMS AND CONDITIONS

Atelier by Erica

1.0 Applicability

When buying a product and/or service at Atelier by Erica you automatically agree with our terms and conditions.
These terms and conditions apply to all offered quotes, agreements, services, and products.
These terms and conditions can be updated at all times by me as a creative studio, the latest version always applies. You can always consult them on this webpage.
If you disagree with the terms and conditions, you must inform me in writing before a product is ordered or a service is booked. All messages have to be addressed to atelierbyerica@gmail.com.

2.0 Offer

The offer of available services and products can be consulted via my website and includes graphite (pet) portraits, the creation of made-to-measure leather items, and workshops regarding them.
Prices are displayed in EURO. VAT is not applied, due to the Belgian VAT exception regulation for small businesses.
When shipping or other costs are applicable, this is mentioned separately.
As a creative studio, I have the right to alter and update my prices and/or terms and conditions. The prices displayed at the time of booking/buying apply to the customer, regardless of later price increases, decreases, or other actions.

3.0 Workflow, payments, and cancellations

The estimated delivery time of handcrafted items and the planning of services is always discussed when a quote is requested.
Atelier by Erica has the right to cancel a commission at any time when the customer's expected preparations fall short. (eg the deliverance of a reference picture, measuring for custom items, or confirming an order in the provided timeframe).

As a creative studio, Atelier by Erica has the right to refuse commissions or services without having to account for this decision.
Atelier by Erica always aims to provide correct pricing and information, however it is not ruled out that information contains misinformation. In case of information containing such an error, Atelier by Erica has the right to cancel orders and/or quotes made based on this error.
After an order is placed, the customer receives an email with the details of their order, in addition to an invoice with the request to pay the due amount.
The payment must be entirely or partly fulfilled (as agreed upon), to commence a custom commission. An item will only be completed after the full payment is received.
When an approved commission is canceled by the customer, regardless of whether it has already been (partly) made or not, Atelier by Erica is obliged to charge the full cost as agreed upon in the quote.
All products/goods remain in the ownership of Atelier by Erica until the customer pays the full installment. Goods can only be delivered when all open invoices are paid.
Invoices have to be paid by bank transfer within 30 days after the invoice date. When this period expires, the customer will receive a one-time reminder without additional costs. If the invoice is not fulfilled within 15 days after this reminder, an additional cost of 30 EURO increased with 10% of the amount due will be charged.
In the case mentioned above, Atelier by Erica has the right to take back the not (fully) paid-for items.

Workflow portraits

For all portraits a reference image is needed, preferably of excellent quality, making sure that important details such as markings, spots, etc are visible. In case of doubt, the customer should contact the artist to verify whether or not his image suffices.
When all details concerning content and finish are discussed and the customer approves them, alterations are no longer possible.
The customer receives a message when Atelier by Erica starts on their commission.

Workflow leathercraft

For all made-to-measure items, a design sketch will first be made based on the customer's idea briefing. After this is handed over to the client, they have a maximum of one week to request further alterations to the design. After this period the inquiry is either approved or dismissed.
When all details concerning content and finish are discussed and the customer approves them, alterations are no longer possible.
The customer receives a message when Atelier by Erica starts on their commission.

4.0 Copyright

The copyright of all made goods and provided services remain at all times ownership of Atelier by Erica. When ordering, and therefore agreeing on the terms and conditions, the customer automatically agrees that they can never claim the copyright of goods and services, neither digital nor analog. The customer is not allowed to use the received goods for professional or commercial ends, without prior written consent.
When digital images are delivered, a watermark logo of Atelier by Erica is visible, these documents are intended exclusively for publication on the customer's private social media accounts.
Editing of delivered goods is prohibited, this also includes adding filters, cropping, adding text, or other ...
The customer is obliged to mention Atelier by Erica with every publication both digital and printed.
Digital images (eg scans of portraits, images of leather items) cannot be used for professional or commercial ends, without prior written consent.
If you wish to use material owned by Atelier by Erica for professional or commercial ends, you must contact me beforehand. An agreement will be made based on your needs and the circumstances. Any use that is not requested beforehand or was not granted permission will be seen as a violation of my copyright.
Portraits and pictures of items made by Atelier by Erica can always be published on my website, Instagram, Facebook, and/or other media and portfolio documents. if you wish to exclude your commission from this, you must report this to me in writing.

5.0 Liability and complaints

The customer accepts that electronic communication and backups can serve as evidence.
Complaints regarding delivered goods/services have to be addressed in written communication along with images of the defect within 5 working days upon receipt of the product. This does not guarantee a refund of the delivered goods or booked service. When Atelier by Erica considers that the quality standard is not met, or a visual shortcoming can be detected, we will look into what can be done to resolve the issue. This is only possible when an official complaint is received about this issue within 5 working days. Additional costs to resolve the issue will need to be funded by the client.
If the customers choose to have goods sent to their address, Atelier by Erica is never responsible for the loss or damage of goods while being processed by the postal service. We always offer the possibility to pick up items at events or at our address. All damage suffered in transport or after picking up, is beyond Atelier by Erica's responsibility.

Leathercraft

Atelier by Erica is not responsible for not fitting made-to-measure items due to measurements being taken wrongly by the customer.

Workshops

Before, while, and after a workshop, Atelier by Erica cannot be taken responsible for damage or accidents related to the workshop, this also includes material damage.

6.0 Gift vouchers and discounts

The value of a gift voucher never includes shipping costs. This cost is always covered by the receiver of the voucher.
A gift voucher can not be returned and will never be changed for money or a new voucher.
A gift voucher can be given to someone else, however the period of validity written on the voucher remains unaffected.
A gift voucher has a maximal period of validity of 1 year starting the day of order unless stated otherwise. It can only be used once. No money or credit will be granted when your order has a lower value than the voucher itself.
Gift vouchers or discount codes can never be combined.

7.0 General

In the occasion that a provision included in these terms and conditions would be in violation to a legal provision, and would therefore become invalid, the rest of these terms remain in force. If needed the affected parties will together agree on a new provision that follows the spirit of the provision declared invalid.
These terms and conditions are subjected to Belgian law. For all disputes concerning the applicability and interpretation of these terms and conditions in a conflict between Atelier by Erica and the client, soley the courts of the judical district of Leuven is authorised, unless mandatory law objects.

In case of other questions, please contact me via email at atelierbyerica@gmail.com

Atelier by Erica - 2 January 2025