Terms & Conditions
1. Seller
Creative Factory Painting
Headquarters : Puchong, Selangor, Malaysia
Branches : Singapore
Website : creativefactorypainting.com
2. Terms
- Creativist Oil Painting
Creativist Oil Painting is a combination of traditional oil painting methods and modern digital artwork techniques to create an exclusive artwork. The artist skillfully applies all these methods of tracing, photo manipulation, smudge, brush stroke applicating, drawing, coloring, texturing and framing. The result is a visually stunning masterpiece that blends classic elegance with contemporary flair, showcasing the artist’s versatility and artistic vision.
“Artisan” level paintings exhibit skillful technique, color balance, varied textures, brush stroke and a captivating composition. It can be realistic or expressive, with attention to detail. “Artisan” evokes an emotional response, reflecting the artist’s unique voice and creative vision.To ensure the utmost “Artisan” level of expertise and excellence, we have a team of senior and experienced expert artists who play a vital role in determining the “Artisan” level of final painting quality.- Creativist Oil Painting
3. Applicability
Every order, online or offline, implies the agreement by the Buyer of these terms and conditions, which in their totality form part of the agreement with the Seller. Seller reserves the right at any time and from time to time to modify, update, suspend or discontinue all or part of the Service with or without notice to Buyer. Buyer agrees that Seller will not be liable for any modification or discontinuance of the Service if Buyer failed to understand on “Artisan” Level or never settle payment within required duration. Buyer agrees that Seller may under some circumstances and without prior notice to discontinue with the order. Discontinuation will be done in Seller ’s sole discretion and Buyer agrees that Seller will not be liable for the order discontinuation. Renewal fee up to 30% of order price will be charged additionally in the case if the order is resumed back by the Buyer.
4. Right of Copyright and Ownership
- Except for the retained rights described in the paragraph below, all services provided and all materials Seller produces on Buyer’s behalf will become the ownership of Seller.
- Seller retains the right to:
a) Use work produced for the Buyer/receiver as part of its marketing materials in both its online and offline marketing;
b) Add Buyer/receiver’s painting to Seller’s portfolio list; and
c) Use Buyer/receiver’s painting in design competitions, publications, exhibitions, or other promotional purposes.
d) Disclaimer : pictures/stuff shared is solely based on customer’s concern.
e) Copyright : customer are not allowed to disclose or produce the painting using the creation of the seller. - Any material or ideas prepared or submitted to Buyer that Buyer choose not to proceed will remain Seller’s property (regardless of whether the physical embodiment of creative work is in Buyer’s possession in the form of copy, artwork, plates, recordings, films, tapes, etc.) and may be submitted to other clients for their use, provided that such submission or use does not involve the release of any Buyer’s confidential information.
- However, upon Buyer’s request, Seller will not publish any of Buyer’s paintings for marketing / promotional purposes.
- Soft Copy will be given upon request in JPEG format only. Buyer/order receiver is prohibited from posting softcopy in social media without Seller’s signage.
5. Procedure
Time schedule is decided and mutually agreed by Seller and Buyer. Order duration is 15-20 working days. In the event where the company expects a delay in delivery, official notification will be given to the customer and a customer consent will be gained. Once deposit/full payment received, the order will be processed in order in two conditions which are with editing and without editing. The progress as per flowchart below. To note that ‘lock system’ orders will not proceed further until the minimum deposit amount set is paid.
Figure 1 : Flowrate of Order Process
*Note: The order process is irreversible and any of the steps cannot be skipped
All amendments requested will add at least 3 working days; depends on the complexity, to the estimated completion date. After Buyer’s approval on the final look, balance payment, if any, needs to be fulfilled completely in order to proceed to the painting stage. Failing to make complete payments within 3 days will cause order discontinuation and non-refundable.
6. Buyer Approval
Buyer will appoint a single representative with full authority to provide necessary information required by Seller and to provide approvals. Ensure that personal Contact Details provided are Up-to-Date such as Customer Name & Contact Number. Generally, 3 minimum attempts a day, for 2 days continously, if unreachable, the order considered nulified and no refund. Buyer required to decide and approve the concept and positions in the painting during order placement. Any concept changes after receiving invoice will be posed additional charges or considered as a new order. Buyer is required to proofread and approve all elements of final designs advisably within 6 hours. Only a one-time amendment is allowed. Buyer to identify amendments required and submit precisely to Seller to be revised and resubmit for Buyer’s approval. After 24 hours, the final design is considered approved and will be moved to the framing stage and order is released.
7. Artistic Interpretation
Creativist Oil Painting which involves handwork is inherently subjective and relies on the artist’s interpretation and style. Artists aim to capture the essence and beauty of the subject matter rather than reproducing it with absolute precision. Thus, Buyer to take note that 100% accuracy on the features is not attainable. Instead of focusing solely on achieving absolute accuracy, it is important to appreciate the artist’s skill, creativity, and ability to convey a message or evoke emotions through their unique interpretation. The value lies in the artist’s craftsmanship and ability to capture the essence and spirit of the subject matter. Seller trusts experienced specialized artists to determine the final painting quality since artists are well trained regarding Seller’s Artisan level which comply with the highest standards of craftsmanship, aesthetics, and artistic integrity.
8. Limitations
Creativist Oil Painting may impose certain limitations due to the nature of the medium itself. Achieving 100% accuracy in reproducing intricate details, textures, or color tones can be challenging due to the properties of the final artwork and the received reference image.
The material utilized is cotton canvas cloth, which may occasionally exhibit visible black dots due to its organic nature.
9. Urgent Orders
Any orders required in advance of an agreed schedule or timetable will be charged an additional rate. Urgent orders are tentatively not eligible for amendment to meet the short timeline delivery. However, if amendment is unavoidable, the order will be delayed from the agreed timeline and non-refundable / canceled.
10. Payments
Payments can be done with following methods;
I. Bank Transfer
II. QR Pay Bank (Scan)
III. Card Payment (Walk In)
IV. Three Times Payment
Seller engaged a third party firm for the three times payment option where the firm retains rights to obtain complete payment from Buyer. As for the three times payment option, a payment link will be sent to the Buyer.
Upon making the payment, Buyer has to ensure that invoice is received within 24 hours. If invoice is not received within time stated, Buyer to get in touch with Seller’s customer service. Any revisions, additions, or alterations to the order modifying the terms of the agreement as the Services to be performed after the one-time amendment and not included in any fee specified, shall be billed as additional services. Such additional services shall include but shall not be limited to changes in the extent of work, changes in the complexity of any elements of the order and any changes made after approval has been given for a specific stage of design, documentation, or preparation of the order. If the final look is done, no changes can be made. If requested otherwise, the Buyer needs to make a new order.
All payment processed through Atome do not include refunds for shipping fees. However, refunds for other reasons will be issued after deducting any applicable service charges.
In the event of an overpayment, refunds will not be issued. Customers are encouraged to utilize the excess funds by adding on additional services up to the value of the initial transfer amount.
11. Refund
Refund is generally null unless the order was not delivered due to seller negligence / error.
- 75% of the invoice price will be refunded before draft Composition if order has been placed and customer has provide all the necessary details to create DC.
- 50% of the invoice price will be refunded if the Buyer has received the look of the first draft of editing. (if only applicable on order that included editing process)
- 20% of the invoice price will be refunded if the Buyer has received the look of the first draft of painting
- No refund allowed once done framing.
Please be ensured the amount refunded is by the invoice Grand Total. In the case where an excess amount is transferred to us, strictly, is this eligible for refundable then we will ensure that some services will be provided to access that amount.
12. Force Majeure
The Seller is not responsible for delays in the execution or the non-execution of its commitments arising as a result of events outside its normal control, including acts of God, production interruptions, difficulties in acquiring or shortages of raw materials, work force or delays in transport (courier service), strikes, lock outs, work interruptions or other collective labor disputes, whether or not they are directly related to ourselves or our suppliers and this even in the event where the events are foreseeable. Company is not Liable if there are damages/any issues (e.g. missing product) during delivery process. Buyer agrees to indemnify Seller, its employees, contractors and agents against all third-party claims including without limitation, reasonable lawyers’ fees arising from or relating to any content or materials provided to Seller by Buyer All indemnification obligations shall survive the discontinuation of Seller’s service. Customer duration of painting Half payment and Full Payment is 90-180 days, depending on the nature of bus.
13. Data Privacy
Our data privacy underlines how we handle the information you provide to us upon orders placement. You understand that through your use of the services you consent to the collection and use of the personal information, including the transfer of this information for Creative Factory database and marketing purposes (newsletter, ongoing promotions and updates) for storage, processing and use by Creative Factory.
14. Design Credits
The Buyer agrees that Seller is entitled to claim authorship of the design and editorial credits to be given to Seller on all published or manufactured work. The Buyer is required to obtain Seller’s consent in writing before Seller’s name is reproduced in any finished product or other published material.
15. Severability
If any article of these terms and conditions is declared null and void, this invalidity shall not affect the validity of the remaining articles. In cases where a newer version of terms and conditions is up, the older version is considered obsolete.
16. Jurisdiction
Disputes are to be solved in mutual consultation wherever possible. Agreements concluded with the Seller are subject to the company origin Country law. All disputes are the exclusive jurisdiction of the Company origin Country courts.