Craft Crete Commissioned Artwork Terms and Conditions
The following Terms and Conditions for Custom Sculpture Commissions (South Africa) apply in addition to Craft Crete's General Terms and Conditions, a set of which is available via our website (www.craftcrete.co.za) or on request.
1. Agreement
By commissioning a sculpture from Craft Crete ("hereafter: the Artist"), the Client ("hereafter: the Client") agrees to the following Terms and Conditions. These terms apply to all commissioned artworks created to order according to the Client’s requested size(s), colour(s), and design specifications.
2. Commission Process
2.1 Consultation: The Artist and Client will discuss the number of items requested as well as intended design(s), colour(s), size(s), and any other creative requirements for each sculpture commissioned.
2.2 Quotation: The Artist will issue a written quotation, valid for 14 days unless otherwise stated. The quotation will include material costs (including paint(s) and specifically any specialist paint(s), such as glow-in-the-dark paints, metallic paints, shimmer paints, etc), labour, estimated completion time, and any delivery options.
2.3 Deposit and Acceptance: The Client’s written approval of the quotation and payment of the deposit constitute acceptance of the commission and these Terms and Conditions.
3. Payment Terms
3.1. A non-refundable deposit of 70% of the quoted price is required before any work commences.
3.2. The balance is due in full upon completion and prior to collection or delivery of the artwork.
3.3. Payment is accepted via EFT (Electronic Funds Transfer) only, to the bank account provided on the quotation or invoice.
3.4. Prices do not include delivery or courier fees unless expressly stated in writing.
3.5. Artwork remains the property of the Artist until full payment has been received.
4. Timeline
The Artist will provide an estimated completion date at the time of quotation. While every effort will be made to meet this date, completion times may vary due to availability of materials, complexity of design, or unforeseen circumstances. The Artist will notify the Client promptly of any significant delays.
5. Client Approval and Revisions
5.1. The Artist may provide progress photos or updates during production for Client feedback.
5.2. Minor adjustments can be accommodated during the process, if reasonable and within scope. The decision on what adjustments are within reason and within scope shall lie solely with the Artist.
5.3. Requests for major changes to the design, size, or materials after work has begun may require a revised quotation and additional charges.
5.4. Once the sculpture is completed and approved, no further changes can be made.
6. Cancellations and Refunds
6.1. Before work begins: If the Client cancels after paying the deposit but before work starts, the Artist may refund part of the deposit, less any costs already incurred (such as material purchases or design preparation).
6.2. After work has begun: If cancellation occurs after commencement, the deposit will be forfeited, and the Artist may charge for work completed up to that date.
6.3. By the Artist: The Artist may cancel the commission in exceptional circumstances (e.g. illness, material unavailability etc). In such cases, all payments received will be refunded in full, and no further liability will apply.
6.4. Refunds and cancellations will be handled in accordance with the Consumer Protection Act, 68 of 2008 (CPA), where applicable.
7. Ownership, Copyright, and Use
7.1. The Artist retains all copyright and intellectual property rights in the artwork, including sketches, designs, and photographs.
7.2. The Client owns the physical sculpture only, once full payment is received.
7.3. The Client may not reproduce, sell reproductions, or modify the artwork without the Artist’s written consent.
7.4. The Artist reserves the right to photograph and display images of the completed sculpture for portfolio, exhibition, or promotional use, unless the Client specifically requests confidentiality in writing before work begins.
7.5. Exclusive rights or confidentiality arrangements may incur an additional fee.
8. Delivery and Risk
8.1. The Client is responsible for arranging or covering the cost of delivery or collection unless otherwise agreed in writing.
8.2. The Artist will take great care to package the sculpture securely. Once the artwork leaves the Artist’s studio, all risk of loss or damage passes to the Client.
8.3. If the Artist personally delivers the artwork, the risk passes to the Client upon delivery.
9. Quality and Materials
9.1. The Artist uses durable, high-quality materials suited to the artwork’s intended purpose.
9.2. Due to the natural characteristics of materials used, minor variations in colour, texture, or finish may occur. These are not defects but part of the handmade nature of the work.
9.3. The Artist will provide basic care and maintenance advice upon delivery.
10. Liability
10.1. The Artist is not responsible for damage, injury, or loss arising from the handling, transport, or display of the artwork after it has been collected or delivered.
10.2. The Artist’s liability is limited to the value of the artwork commissioned.
11. Privacy
All Client information and correspondence will be treated as confidential and used solely for fulfilling the commission and maintaining communication with the Client.
12. Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of the Republic of South Africa. Any disputes arising from this agreement shall be resolved under the jurisdiction of the courts of KwaZulu Natal.
13. Acceptance
By paying the deposit and/or confirming the commission in writing (including by email or message), the Client acknowledges that they have read, understood, and agree to these Terms and Conditions.