Policies and guarantees


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Terms, Policies & Guarantees – Acquisition of Artwork and Commissioned Projects

The following terms govern the commercial relationship between J. Emiliano Quintero (hereinafter, “the Artist”) and the Client for the purchase of original artworks and the commissioning of projects or services. By paying a deposit, requesting a piece, or approving a sketch, the Client fully accepts these policies.

I. Payment & Financing Policies

1. Mandatory Deposit (Non-Refundable)

All commissions require a non-refundable deposit of 30% to 50% of the total quoted price. This deposit:

  • Formalizes the agreement
  • Secures the Artist’s time
  • Covers materials and planning
  • Is not refundable under any circumstance

Payment of the deposit constitutes full acceptance of these terms.

2. Payment Schedule

Remaining payments depend on the type of project. No artwork will be delivered without 100% of the agreed payment.

3. Accepted Payment Methods

Bank transfer, PayPal, cash, or any method previously agreed with the Artist.
Payment details will be provided in the final quotation.

II. Creative Process, Artistic Freedom & Revisions

1. Sketch Approval

The project begins with sketches that must be approved in writing.
The final artwork may include intentional creative variations as part of the Artist’s creative freedom.

Important – The Artist retains full creative freedom at all times.
Sketches are a conceptual reference, not a literal blueprint of the final piece.

The Client acknowledges and accepts that:

  • The final artwork may vary in color, composition, style, proportions or details
  • These variations are part of the Artist’s artistic language and expression
  • They are not grounds for complaints, changes, or refunds

2. Revision Limits

The Client is entitled to one minor revision.
Additional revisions incur extra charges.

Revisions must:

  • Not alter the essence, composition, or style
  • Remain aligned with the original project description

Additional or substantial revisions will incur extra fees based on the Artist’s rates.
The Artist establishes an hourly rate of US$25–US$250, depending on the project and complexity.

3. Additional Charges for Changes

Additional fees apply for:

  • Changes requested after sketch approval
  • Urgent requests (20–50% express fee)
  • Requests outside the project’s original scope
  • Changes to size, materials, or support after production begins
  • Adjustments requiring redoing advanced sections

These fees must be paid before work continues.

General fees:

  • Minor change: US$50–100
  • Significant change: US$150–500
  • Major change: US$850–1,000+

Depending on the project, changes may be billed by fixed rate or as a percentage of the project.

4. Rejection of Final Artwork

If the Client rejects the final piece:

  • The deposit is automatically forfeited
  • The artwork remains the property of the Artist
  • All copyright and intellectual property remain with the Artist

III. Copyright & Intellectual Property

1. Moral Rights (Non-Transferable)

The Artist retains:

  • The right to be recognized as the author
  • The right to preserve the integrity of the artwork

2. Economic Rights

Purchase of the physical artwork does not grant commercial nor reproduction rights.
The Artist retains all rights to exploit the work as desired.

The purchase does not include rights of:

  • Reproduction
  • Commercial use
  • Distribution
  • Advertising
  • Digital or printed use
  • NFTs or derivative products

Any commercial use requires a separate licensing contract and additional payment.

3. Resale Royalty (Artist’s Resale Right)

If the artwork is resold, the Client must pay a 2%–10% resale royalty, previously agreed with the Artist.

The Client agrees to:

  • Notify the Artist of any resale
  • Pay the agreed percentage before transferring the artwork to the new buyer

IV. Authenticity Guarantees & Delivery Conditions

1. Certificate of Authenticity

All artworks include a COA specifying:

  • Title
  • Medium
  • Dimensions
  • Creation date
  • Serial number (if applicable)

2. Condition of the Artwork

The Artist guarantees the artwork is delivered in perfect condition, documented with photos or a pre-shipping report.

The Artist is not responsible for:

  • Damage during shipping
  • Courier delays
  • Incorrect handling after delivery

3. Shipping & Insurance

The Client is responsible for:

  • Shipping costs
  • Optional insurance
  • Customs fees (when applicable)

If insurance is declined, the Client assumes all risk.

V. Exhibition, Portfolio & Image Use

The Artist may document and publish the process and final artwork for:

  • Portfolio
  • Social media
  • Press
  • Exhibitions

Unless a signed NDA is provided beforehand.

VI. Operational Policies

1. Client Delays

If the Client delays approvals or feedback:

  • Delivery deadlines extend automatically
  • Delays longer than 7 days allow the Artist to reschedule or cancel the project without refund

2. Automatic Approval

If the Client does not respond within 3–7 days after receiving progress updates, the update is considered approved.

3. Storage

If the artwork is not picked up or shipping fees are not paid:

  • Storage fees apply weekly or monthly
  • After 2 months, the artwork reverts to the Artist’s property

VII. Prohibitions & Legal Protection

The Client may not:

  • Modify the artwork
  • Digitize it for alterations
  • Create derivative works
  • Use it for political, commercial, or AI-generated content
  • Use the artwork in advertising without a contract

Unauthorized reproduction, NFTs, or derivatives:

  • Constitute copyright infringement
  • Create legal liability
  • Result in retroactive licensing fees and damages

Anti-Defamation Clause

The Client agrees:

  • Not to publish defamatory or malicious statements about the Artist
  • To resolve disputes via dialogue or mediation

VIII. Force Majeure

Events such as illness, material shortages, international issues, extreme weather, or emergencies allow deadline extensions without penalty.

IX. Acceptance of Artist’s Style

The Client acknowledges having reviewed the Artist’s portfolio and agrees to the Artist’s:

  • Themes
  • Style
  • Technique
  • Symbolism
  • Aesthetic approach

The final work will be consistent with this style and cannot be judged by external or unrelated criteria.

X. Official Communication

Only communications via:

  • Email
  • Written messages with confirmation
    are considered valid. Phone calls or unconfirmed messages do not count as formal approval.

We sincerely appreciate the time you have taken to read these terms, policies, and guarantees. Your understanding and respect for this professional framework allow us to work with clarity, transparency, and mutual trust, ensuring that every artwork and commissioned project reflects the commitment, quality, and creative integrity that define the Artist’s work.
Thank you for valuing the artistic process and for contributing to the responsible development of each piece created.

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