Terms & Conditions

Effective date: Jan 2025
Last updated: Oct 2025

1. Introduction

These Terms & Conditions (“Terms”) govern your use of the Website and your relationship with Elefant Commissions, trading as Hern Creates Ltd.
By accessing the Website or commissioning artwork, you agree to be bound by these Terms.

2. Definitions

  • “Client” means any person or organisation commissioning or purchasing artwork.

  • “Commission” means a bespoke artwork created per client instructions.

  • “Deliverables” means the final artwork, sculpture, or digital file provided to the client.

  • “Services” means the process of consultation, design, and delivery of commissioned works.

3. Quotations & Payment

  • Quotations are valid for 30 days unless otherwise stated.

  • Work begins upon acceptance and payment of a deposit (or full payment where required).

  • Payments must be made in accordance with the invoice or quotation terms.

  • Late payments may incur statutory interest and delay delivery.

4. Amendments & Cancellations

  • Clients may request reasonable changes before completion; additional costs may apply.

  • If a commission is cancelled, the client remains liable for any work completed or materials purchased.

  • We reserve the right to cancel work if payment terms are breached or communication is unreasonably delayed.

5. Ownership & Intellectual Property

  • Upon full payment, physical ownership of the artwork transfers to the client.

  • Copyright and all intellectual property rights remain with Elefant Commissions / Hern Creates Ltd unless otherwise agreed in writing.

  • Clients may not reproduce or distribute images of commissioned works for commercial use without permission.

  • We may display completed works on our Website or marketing materials unless the client requests otherwise in writing.

6. Delivery & Shipping

  • Artwork is shipped worldwide. Delivery times are estimates and may vary.

  • We are not liable for delays caused by customs, couriers, or force majeure.

  • Risk passes to the client upon dispatch. Any damage or loss in transit should be reported immediately.

7. Warranty

  • All artworks are created with skill and care.

  • Any defects must be reported within 14 days of receipt.

  • This warranty excludes damage caused by mishandling, modification, or environmental exposure.

8. Limitation of Liability

  • Our liability is limited to the total amount paid for the artwork or commission.

  • We are not liable for indirect or consequential losses (e.g., loss of business, goodwill, or profits).

  • Nothing excludes liability for death or personal injury caused by our negligence or any liability that cannot be excluded under law.

9. Data Protection

We process personal data in line with our Privacy Policy.
By using our Website or commissioning us, you consent to that processing.

10. Governing Law & Jurisdiction

These Terms are governed by the laws of England & Wales, and you agree to submit to the exclusive jurisdiction of the English courts.

11. Contact

Elefant Commissions / Hern Creates Ltd
The Workshop, 9 Wilton Road, Malvern, WR14 3RG, UK
Email: contact@elefantcommissions.com