Terms of Service

Disclaimer

By purchasing my services (art), i.e., the creation of a piece of jewelry, you automatically agree to the following conditions. Please read this entirely and carefully. I will refuse your commission if you do not agree to these terms.

If you are not comfortable with my Terms Of Service and/or are not willing to agree to the conditions, you may not request a commission.

If you have any questions, please contact me.

Please note that these terms are subject to Change Without Notice.

User Agreement

By commissioning me, you agree that you have read and accepted all the terms described herein.

You will agree here to the policy of using the art for personal, non-profit purposes unless otherwise stated, and provide all image credits to me.

Violators will be added to my blacklist indefinitely and without warning.

General

Client

• You, the Client, will be expected to first read my TOS.

• You, the Client, may display my work on external sites as long as it is visibly credited and linked back to me.

• You may not upload or host my work in any gallery that is intended to display your own work only.

• You may not claim my work as your own.

• You may use the Artwork for personal use, i.e., uploading photos to your social media profiles, forums, etc.

• You reserve the right to print or create a reproduction of the Artwork as long as it is for your PERSONAL use only (i.e., NOT for sale).

• You may not use the Artwork for redistribution or external projects, commercial or non-commercial (i.e., t-shirts, mugs, public flyers, etc.) unless otherwise discussed.

• Any harassment in an attempt to bargain for a commission (a ‘slot’) is not tolerated. This includes inappropriately worded comments on my profile, as well as private messages. I reserve the right to place anyone on the blacklist over harassment.

• Clients who have commissioned and/or received work before this TOS has gone into effect are still bound to its contents.

• These clients are permitted to include signatures and/or watermarks indicating the Artwork is my intellectual property. Credit in some form is required.

• By placing an order, you agree to these terms and conditions. Please read these terms carefully.

Artist

• By commissioning me, you are purchasing my service as an artist only.

• I reserve the right to post your finished artwork in my gallery for any reason.

• I reserve the right to decline any project or client for any reason.

• I reserve the right to refund you the full amount paid if I no longer wish to work on your project for any reason.

• If you, the Client, wish for me to create a piece based on another artist’s original drawing, you will be required to consult with the artist prior to ordering a commission from me and provide proof of authorization. If no proof is provided, I will reject your commission.

◆ I will not do the following:
   • Recreate the original work of other jewelry makers. Any requests for me to do so will be rejected.

COPYRIGHT

• I reserve the right to sign and/or watermark photos of my own work.

• You are responsible for protecting your ownership over rights to a jewelry design made by me by creating a copy image with your name added as well (i.e., through a watermark) when uploading on external sites.

• I retain all copyright over my work, which includes the right to redistribute, reproduce, or use the image as a sample for sales or self-promotion unless otherwise agreed upon. In the case that you, the Client, provides the design for the jewelry piece, I may do whatever I wish with the art (e.g., post it to other sites such as Instagram) but will give proper credit to you for ownership of the piece’s design.

• I will not claim the rights to a jewelry design unless it was one of my own designs. Therefore, I will not reuse/resell the Artwork for personal or commercial projects unless agreed upon.

NDA - PRIVACY REQUEST

• If you wish for your request to be private, it must be stated during the ordering process.

• I reserve the right to charge a fee if I deem fit.

• The privacy request entails that I am not allowed to share any WIPs on social media, nor am I allowed to stream the process of the commission anywhere.

• However, this also means that you must refrain from sharing any such spoilers yourself.

• The NDA fee usually starts at +5% of the total quote, but it might differ. The bigger the project the bigger the fee.

Commissions

ORDERING

• You are expected to fill out the Commission Ordering form linked on my website and Social Media.

• You will then get a reply from me discussing the details (if needed) as well as me confirming your slot.

• I reserve the right to make changes to your request as I see fit unless otherwise discussed. To guarantee the total accuracy of your commission request, please make note of the required details and elements in the form.

• If your requested piece is extremely detailed, I have the right to charge a fee to include these details. This fee will be stated before the transaction, and you hold the right to make changes to your commission request (e.g., change the request, agree to simplified design changes) before the transaction is complete.

• Please make your request concisely worded with minimal abbreviations, so as to make the note clear to read.

• Any emails, private messages, and comments that you send must come in the following languages: English, Mandarin Chinese, or Japanese.

• Before taking part in any transaction, you are required to wait for a reply so that we can discuss the details.

• I will, after everything is processed and confirmed, send you a PayPal invoice. You need to confirm the payment with me before I start your order.

Payment

• Prices are subject to change based on demand.

• I am not responsible for any mistakes that are made on your part over the course of the transaction.

• I will only accept currency in USD via Paypal as payment. You are responsible for making currency conversions.

• It is expected that you deposit 75% of the price upfront before I start. The remaining 25% plus shipping must be deposited once the piece has been finished. I will not ship out the piece until the final payment has been confirmed. No exceptions unless otherwise discussed.

• After the initial 75% of the payment is sent, I will start the designing process. The sketch of the design will then be sent to you. If you have provided me with your own design, I will begin working on the piece.

• I will initiate the transaction to avoid accidental transactions. Do not send me any kind of payment until I have confirmed I can accept your commission AND have asked for payment.

• Payments via Paypal are sent via Invoice method only unless otherwise stated. Paypal fees are included. What you see is what you will have to pay.

• I do not accept payment from shared PayPal accounts unless you are not of legal age and use a parent/guardian’s PayPal account.

• If payment is not made in a timely manner (24h) after I’ve placed the Invoice, the commission will be cancelled. Repeated counts of commissioning a project and failing to pay will result in blacklisting.

Refunds and cancellations

• I can refund 100% of the payment, not including PayPal fees, only if I have not started working on the sketch/design.

• If you have provided your own design, I can refund 100% of the payment, not including PayPal fees, only if I have not started working on the piece.

• Once I start the sketch/design, there will be NO REFUNDS.

• I can only refund around 80% if there are errors in PayPal fees, taxes and/or transfer fees.

• If I cancel a project, I will reimburse the lost fees and refund 100%.

• If you cancel before I begin working on the sketch/design, I will refund 100%, not including PayPal fees.

• If we agree on a payment plan and I start the commission after the first deposit has been done, I will not refund your said deposit if you back out of the Payment Plan.

Chargeback

• You are NOT authorized to issue a chargeback for any reason.

• If, for any reason, your PayPal account malfunctions or authorizes a refund request without your knowledge, you must contact me as soon as possible in order to resolve the issue.

• You are required to contact me when you need to cancel a commission request.

• Purposefully issuing a chargeback without contacting me to cancel/refund a project will result in immediate blacklisting for you as well as your email address, and anyone sharing your PayPal account, including side accounts. Furthermore, you will lose all beforementioned rights to the commissioned piece and I will have the full right to profit further from it in any way. I will decline the chargeback and supply PayPal with our conversations in which we talk about the commission, as well as any applicable tracking numbers, as evidence that I have completed work for you.

Queue/scheduling/work speed/deadlines

• I may take up to 2-5 days to respond to your initial order inquiry.

• You reserve the right to set a deadline for your commission. This deadline must be disclosed prior to payment.

• I have the right to decline a project if there is too short of a time allowance. I reserve the right to take up to 3 weeks to begin work on your project, and an additional 5 to work on said project.

• If you did not alert me to a deadline, you must not send reminders until this 5 week’s buffer period has passed. Reminders will be ignored if they relate to work that I have prioritized above your project, including other commissions and gift art.

• If due dates are discussed, it is also the client’s responsibility to ensure prompt communication. I will not be held responsible for late delivery.

• No harassment over my work speed will be tolerated, regardless of the time that has passed.

• I will work on commissions in the order they are received. This means I will work on the piece I accepted first and move down the line.

• You reserve the right to be notified of any delays.

Rush fee

• Rush fees are at least +25% of the total commission fee. Fees might vary depending on the project and the timeframe provided.

• Estimated project start dates will be communicated to you via email or DM.

• However, in some cases, I am able to accept a rush commission that would bring your queue up forward significantly.

• Dates provided are subject to change. Details are to be discussed should the client have set dates.

Revisions and feedback

• I will send WIP (‘work in progress’) images once I begin working on your piece, after the initial 75% of the payment is received and a design has been agreed upon.

• These images will come in the form of .jpg or .png files as an attachment in the email or a DM.

• The responsibility is on you to ensure your order contains the details you want me to follow.

• I am not responsible for any unsatisfactory element of the finished design if no feedback was given to amend it.

• I will send four (4) guaranteed WIPs while I work on your piece, but you are free to request additional WIPs at any given time.

• WIPs will be sent during each stage of creation: frame shaping, dipping, coloring, and assembly.

• Up to one major revision can be made during the drafting phase of the commission. Only minor place adjustments within reason can be made afterwards.

• Each time I send a WIP to a client, I ask the client to provide feedback to me.

• Changes to the shape of the piece will only be made at the frame shaping stage. Once the frames have been made, no further changes to the shape will be made.

• Requests for color corrections will not be accepted once the color scheme has been confirmed by the client and I have moved into the coloring stage.

• Position adjustments will only be accepted at the beginning of the assembly stage. Once the final piece has been assembled, no more changes will be made.

• Any changes to the design of the piece will be subject to a fee, and the fee will depend on the nature of the change.

• I will not be held responsible for any changes in ownership of said design.

• If your reference is unclear to start with, any changes will come at an extra charge.

• After the piece is completed, adjustments are only allowed if the missing or inaccurate elements are my faults (e.g., I overlooked details provided in the order).

• In the absence of feedback from the customer, any changes to the final piece will be subject to a fee.

• I will not remake a completed commission unless payment is received for a second order.

Final product

• There may be slight differences between the samples in my gallery and the final piece you will receive.

• The commissioner must respect that my artistic style cannot be altered.

• I reserve the right to reject critiques pertaining to artistic skill, and if the critique reduces the quality of the piece.

• Credit to me, Xi-er Jewelry (the Artist), is required when you post or use it on another platform.

• You, the Client, are responsible for saving any information, images, and other digital data I provide, such as WIPs.

• I am not required to post your project in any public space, and if posted, I am not required to keep it there indefinitely. I have the right to delete or remove any public project, even if you paid for it, as the physical product is in your possession.

• Feedback for the final product is permitted after completion of the piece, through private messages or comments.

• Any comments that are rude, inappropriate, inflammatory, and/or non-constructive may result in blacklisting.

Delivery

• I will notify you when I have started on your commission and you, therefore, lose the rights to a refund (see refund policy for more information).

• You will receive an image of the final piece once it is finished.

• I will send you a PayPal Invoice for the remaining 25% of the commission fee plus shipping once the piece is finished and ready to ship.

• I will not ship out the piece until the final deposit has been made.

• All shipments will be made through USPS Priority Mail unless otherwise requested. A fee will be added for any additional shipping costs.

• I will send you the tracking number of the package once it is shipped, either through email or DM.

• I will not be held accountable for any damage done to the piece in the course of shipping.

Important

If the buyer breaks any of the points stated above, they will lose all beforementioned rights to the artwork commissioned by me, Xi-er Jewelry(the Artist), and I will have the right to profit further from the commissioned artwork in any way I see fit. If you have a problem with any of these statements, they may be changed if discussed with me prior to paying for your commissioned piece.