TERMS & CONDITIONS

Last Updated: October 15, 2026

Welcome to A Whittall Design. These Terms & Conditions govern your use of our website, purchases of original artwork, custom commissions, memory art projects, and participation in our services. By accessing our website, placing an order, commissioning artwork, or submitting materials, you acknowledge that you have read and agree to the applicable terms outlined below. Participation in email and SMS marketing is entirely voluntary and requires separate, express consent. Purchasing artwork, submitting an inquiry, or using our website does not automatically enroll you in promotional communications. Please review these Terms & Conditions carefully before engaging with our business.ABOUT A WHITTALL DESIGN

A Whittall Design is a family-owned, veteran-founded art studio based in San Diego, California. We create original artwork, custom commissions, memory art, mixed-media creations, and handcrafted pieces designed to celebrate meaningful stories, cherished memories, and beautiful spaces.

QUOTES & ESTIMATES

All quotes, estimates, and project proposals are valid for four (4) calendar days from the date issued.

After four days, pricing, material costs, shipping costs, availability, and project timelines may change without notice. A new quote may be required.

Quotes do not guarantee availability on the artist's schedule until a deposit has been received.

COMMISSION POLICY

Consultation & Project Planning

Each commission begins with a consultation to discuss:

  • Size

  • Subject matter

  • Color palette

  • Style preferences

  • Timeline

  • Budget

  • Framing options (if applicable)

The artist reserves the right to decline any project for any reason.

Deposits & Payments

A non-refundable deposit, typically 50% of the total project cost, is required before work begins.

No materials will be purchased and no work will commence until the deposit has been received.

The remaining balance is due prior to shipment, delivery, or local pickup.

Failure to submit final payment may result in delays or cancellation of project completion.

Revisions

Reasonable revisions may be included during the planning and progress stages.

Additional revisions beyond those deemed reasonable by the artist may incur additional charges.

Major design changes requested after work has begun may require a revised quote.

Cancellation

Commission cancellations made before work begins may be eligible for a refund minus any product, design, or administrative fees.

Once materials have been purchased or work has started, all deposits and payments become non-refundable.

ARTISTIC INTERPRETATION DISCLAIMER

The client acknowledges that commissioned artwork is an original creative service and not a manufactured product.

While every effort is made to incorporate the client's vision, references, preferences, color palettes, and requested elements, the final artwork remains an original artistic interpretation created by A Whittall Design.

Art is inherently subjective.

Variations in:

  • Style

  • Color

  • Texture

  • Brushwork

  • Composition

  • Artistic expression

  • Creative decision-making

are expected and are part of the unique nature of original artwork.

Dissatisfaction based solely upon personal taste, artistic preference, interpretation, or subjective expectations shall not constitute grounds for cancellation, refund, chargeback, replacement, legal action, or claim against A Whittall Design.

MEMORY ART POLICY

Memory art pieces often incorporate personal items such as:

  • Letters

  • Cards

  • Photographs

  • Handwritten notes

  • Children's artwork

  • Military memorabilia

  • Keepsakes

  • Other meaningful materials

By submitting materials, the client acknowledges and agrees that:

  • Materials may be cut, cropped, layered, painted over, sealed, distressed, altered, or permanently incorporated into artwork.

  • Original items may not be recoverable in their original condition.

  • Original materials will not be returned unless previously agreed upon in writing.

  • Unused materials may be returned at the artist's discretion.

  • Clients are responsible for all costs associated with sending materials to A Whittall Design.

Clients are strongly encouraged to provide copies of irreplaceable items whenever possible.

A Whittall Design is not responsible for loss or damage occurring during transit to the studio.

ORIGINAL ARTWORK PURCHASES

Return Eligibility

Returns are accepted on original, non-custom artwork within seven (7) calendar days with proof of delivery.

Artwork must be returned in its original condition and comply with all return requirements outlined below.

Non-Returnable Items

The following sales are final and non-refundable:

  • Custom commissions

  • Personalized artwork

  • Memory art pieces

  • Digital downloads

  • Gift cards

  • Sale items

  • Clearance items

  • Artwork approved during the commission process

RETURN SHIPPING REQUIREMENTS

Approved returns must be shipped using a professional shipping carrier such as:

  • UPS

  • FedEx

  • USPS

  • DHL

The buyer is responsible for:

  • Properly packaging the artwork using protection equal to or greater than the original packaging.

  • Providing a valid tracking number.

  • Purchasing shipping insurance equal to the original purchase price.

  • Ensuring safe delivery back to A Whittall Design.

Failure to provide proper packaging, tracking, or insurance may result in denial or reduction of a refund if damage occurs during transit.

Refunds will not be issued until the artwork has been received, inspected, and verified to be in its original condition.

The buyer assumes responsibility for the artwork until it has been safely received by A Whittall Design.

DAMAGED RETURNS

Artwork damaged during return transit due to:

  • Improper packaging

  • Inadequate protection

  • Lack of insurance

  • Carrier mishandling

May result in a partial refund or denial of refund depending on the extent of damage.

A Whittall Design reserves the right to determine eligibility after inspection.

SHIPPING POLICY

Shipping costs are calculated separately unless otherwise stated.

Completion dates and delivery estimates are provided in good faith but are not guaranteed.

Factors that may affect timelines include:

  • Artwork complexity

  • Drying and curing times

  • Material availability

  • Weather conditions

  • Shipping carrier delays

  • Illness

  • Family emergencies

  • Circumstances beyond the artist's control

A Whittall Design is not responsible for delays caused by third-party shipping carriers.

DAMAGED SHIPMENTS

If artwork arrives damaged, the buyer must contact A Whittall Design within 48 hours of delivery.

The buyer must provide photographs of:

  • The artwork

  • Shipping box

  • Packaging materials

  • Visible damage

Failure to report shipping damage within 48 hours may affect eligibility for claims or replacement consideration.

COPYRIGHT & INTELLECTUAL PROPERTY

All artwork created by A Whittall Design remains the intellectual property of the artist unless otherwise agreed upon in writing.

The purchase of artwork does not transfer copyright ownership.

Artwork may not be:

  • Reproduced

  • Copied

  • Printed

  • Digitized

  • Distributed

  • Licensed

  • Resold commercially

without prior written permission.

A Whittall Design reserves the right to photograph, publish, display, and promote completed artwork through:

  • Website galleries

  • Social media platforms

  • Marketing materials

  • Portfolios

  • Publications

  • Exhibitions

Clients requesting confidentiality must make such requests before work begins.

COLOR & APPEARANCE DISCLAIMER

Every effort is made to accurately represent artwork through photographs and digital media.

Due to differences in:

  • Screen settings

  • Monitor calibration

  • Mobile devices

  • Lighting conditions

  • Printing processes

actual colors may vary slightly from those displayed online.

Handcrafted artwork may contain natural variations in texture, finish, and brushwork that contribute to its uniqueness.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, A Whittall Design shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising from:

  • Purchase of artwork

  • Ownership of artwork

  • Use of artwork

  • Display of artwork

  • Shipping of artwork

  • Delayed delivery

  • Artistic interpretation

  • Website usage

The maximum liability of A Whittall Design shall never exceed the original purchase price paid by the customer.

CHARGEBACKS & PAYMENT DISPUTES

Customers agree to contact A Whittall Design directly to attempt resolution of concerns before initiating a chargeback, payment dispute, or claim through a financial institution.

A Whittall Design reserves the right to provide the following documentation when responding to payment disputes:

  • Signed agreements

  • Terms & Conditions

  • Invoices

  • Quotes

  • Email correspondence

  • Text communications

  • Progress updates

  • Approval messages

  • Tracking information

  • Delivery confirmation

  • Photographs

False or fraudulent chargebacks may be contested to the fullest extent permitted by law.

LOCAL PICKUP

Local pickup may be available by appointment for customers located in or near San Diego, California.

Artwork must be paid in full prior to pickup.

Risk of loss transfers to the customer upon pickup.

EMAIL & SMS MARKETING TERMS

Marketing Communications

A Whittall Design offers optional email and SMS marketing subscriptions to customers and website visitors who voluntarily consent to receive promotional communications.

These communications may include announcements of new original artwork, fine art prints, upcoming collections, exclusive subscriber offers, seasonal promotions, special events, commission availability, and occasional behind-the-scenes studio updates.

Participation in marketing communications is voluntary and is not required to purchase artwork, request a commission, or use our website.

Email Marketing

By voluntarily subscribing to our email marketing list, you consent to receive promotional emails from A Whittall Design at the email address provided.

Subscribers may receive updates regarding artwork releases, promotions, exclusive offers, upcoming events, and other business announcements.

You may unsubscribe from marketing emails at any time by selecting the unsubscribe link provided in any promotional email.

Unsubscribing from email communications does not automatically unsubscribe you from SMS marketing if you have separately consented to receive text messages.

SMS Marketing Program

Program Name: A Whittall Design SMS Marketing

By voluntarily providing your mobile phone number and expressly opting in to our SMS marketing program through our website, you agree to receive recurring promotional text messages from A Whittall Design.

Messages may include new artwork announcements, collection releases, exclusive offers, limited-time promotions, studio updates, upcoming events, and commission availability.

Message Frequency: Subscribers can expect approximately 2–5 promotional text messages per month. Message frequency may vary during special releases, seasonal campaigns, or promotional events.

Message and Data Rates: Message and data rates may apply to any messages sent to you from A Whittall Design and from you to A Whittall Design. Please contact your wireless carrier for details regarding your messaging or data plan.

Consent: Consent to receive SMS marketing communications is not a condition of purchase. Providing a phone number for an order, commission inquiry, or customer service request does not automatically enroll you in promotional text messaging.

Opt-Out Instructions: You may cancel your SMS marketing subscription at any time by replying STOP to any promotional text message. After submitting your request, you may receive a final confirmation message indicating that you have been unsubscribed. No further promotional text messages will be sent unless you voluntarily subscribe again.

Customer Support: For assistance with our SMS marketing program, reply HELP to any promotional text message or contact us at christina@awhittalldesign.com.

Carrier Liability: Wireless carriers are not liable for delayed or undelivered messages.

Message Delivery: A Whittall Design cannot guarantee uninterrupted or error-free delivery of SMS communications. Message delivery may be affected by mobile carrier availability, device compatibility, network conditions, or other circumstances beyond our control.

Subscriber Privacy

A Whittall Design respects the privacy of all email and SMS subscribers.

We do not sell, rent, or share SMS opt-in information, mobile phone numbers, or messaging consent records with third parties or affiliates for their own marketing or promotional purposes.

Subscriber information may be processed by Squarespace and authorized messaging providers as necessary to administer and deliver marketing communications.

For additional information regarding the collection, use, storage, and protection of personal information, please review our Privacy Policy available on our website at:

https://www.awhittalldesign.com

Changes to Marketing Communications

A Whittall Design reserves the right to modify its marketing programs, promotional content, and messaging frequency, subject to applicable laws and consent requirements.

Subscribers may withdraw their consent at any time using the unsubscribe or opt-out methods described above.

GOVERNING LAW

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of California.

Any dispute arising from transactions with A Whittall Design shall be brought exclusively in the appropriate courts located within the State of California.

ACCEPTANCE OF TERMS

By purchasing artwork, submitting a commission request, placing an order, sending materials, or otherwise engaging with A Whittall Design, you acknowledge that you have read, understood, and agree to these Terms and Conditions in their entirety.

A Whittall Design
San Diego, California

Creating meaningful art, custom commissions, and lasting keepsakes inspired by the stories that matter most.