Terms of Service

Aetherwears

Commission Terms of Service

Updated December 26, 2019

 

By agreeing to purchase a product from Aetherwears (the Artist) and sending payment, you are indicating that you (the Client) have read and agree to all the terms outlined below.

 

Communication

Aetherwears is available through email or the messaging function on etsy.com. However, Please keep all official communication through one of the following avenues: email at Aetherwears.co@gmail.com, occasionally through the Aetherwears.com website messenger, OR through the messaging function on Etsy.com through the Aetherwears shop. We request for our clients to reach out to us through these three methods to keep communication official and easily accessible for both client and artist.

 

All Communication regarding this contract and payment will be sent through etsy, if the order is placed through the Aetherwears Etsy shopfront. Progress updates will be sent through etsy whenever they become available. All communication must be kept within the same conversation thread. This ensures clear and consistent concerns are kept in one place for both client and artist.

 

For email and website orders, all communication regarding this contract and payment will be sent through email. Progress updates will be sent through email. This ensures clear and consistent concerns are kept in one place for both client and artist.  

Aetherwears will not use Discord, Twitter, Instagram Direct, or any other messaging client to discuss business. Aetherwears does not have a phone number and the artist will not give out their personal phone number.

 

The artist will set a schedule of updates with the client and will message them when progress is made. Updates may be frequent while the project is actively worked on. Updates may consist of progress photos, frequent updates on material purchases and shipments, and update messages about general wait times and progress within the shop.

 

Made to order items, with short processing times, may receive minimal amounts of updates due to the shop’s quick moving queue. Please message the artist, through one of the communication modes above, prior to your order with communication expectations for your order.

Ready to Ship items will not receive progress shots. The Client will receive an email with a tracking number from the shipping company of their choice.

 

The artist welcomes criticism and artistic input from the client. The artist may ask the client for their opinion on their project while it is being made. It is the client’s responsibility to reply to emails or etsy messages promptly as to not slow down work on their project.

Email: Aetherwears.co@gmail.com

Etsy: https://www.etsy.com/shop/AetherWears

 

 

Concept Art and Style

Aetherwears regularly purchases materials from various artists. They may purchase various tools and products from other artists with permission from the client. 3D printed, Resin, and Foam bases can be ordered with permission from the client.

 

Artistic liberty commissions are accepted. The client may suggest general concepts like species, color, design elements, etc. but the artist has the final say on the artistic liberty commission’s design.

 

Concept art or a detailed collage of realistic photos ( for realistic animals) is required for a price quote. A reference sheet with front and back views of the character is preferred. G Rated reference art is preferred, but adult reference art is accepted.

 

The client will be told when work has begun on their project. Once work has begun, major design changes will not be made. Minor changes will be handled on a case-by-case basis and may result in a fee. The artist will charge for the labor and material costs needed to facilitate mid-project changes.

 

Aetherwears will not imitate the style of another artist.

 

The client acknowledges that they cannot request an artistic style different from the style presented in the artist’s sample image(s).

Quote process and Payment

All prices are in USD.

 

The product will be sold for the price agreed upon during communications between the client and the artist. 

Aetherwears accept payments through Paypal and Square. Through Etsy and our Aetherwears.com shop, we accept payments from most credit cards such as: Visa, Mastercard, Discover, and American Express.

 

Price quotes are valid for 30 days. Aetherwears reserves the right to change pricing to reflect changes in labor and/or material costs after 30 days.

 

A 50% non-refundable deposit is required for all projects over $400. This will secure the client a slot in the work queue and covers design, research and material costs.

 

Once the client has approved of the quoted price, they will be invoiced for the deposit amount and their slot will be reserved. If the invoice is not paid within 7 days, the client’s slot will be forfeit.

Payment plans must be negotiated before the initial invoice is sent. The rate at which payments are received affects the client’s position in the work queue. Missed payments will delay the completion date provided in the price quote.

 

A late fee of $50 will be in addition to the client’s payment for each payment missed.  

Payment plans for items under $400 are not accepted and the invoice must be paid in full up front.

The client must discuss any deadlines with the artist before any deposit or agreement to start work is made. The artist reserves the right to turn down work with unobtainable or unreasonable deadlines.

 

The accepting of any rush orders and all fees related to such are up the artist's discretion. Any/all rush fees will be clearly communicated to the client and included in the initial quote.

 

All Rush orders shall be paid in full including all fees and shipping.

 

A shipping estimate is factored into the total cost of the commission. If the final price of shipping is higher or lower than the estimated cost, The client will be invoiced for the remainder, or refunded the excess.

 

Sizing and Duct Tape Dummy Requirements

A list of measurements is required for each project will be given to the client after the down payment invoice is sent. The client must provide the measurements before work begins or the project completion time will be delayed. Please use a fabric tape measure to take body measurements.

 

Hand paw or glove commissions only require a wrist measurement from the client. The artist will request a hand tracing from the client for form fitting gloves and hands. The tracing is then mailed to the artist.

 

Foot paw and shoe commissions may require a foot duct tape dummy depending on the nature of the project.

 

Full bodysuit commissions require a duct tape dummy (DTD). The client will receive instructions on how to construct and mail one.

 

This must be received by the artist before any work is scheduled to begin. If a DTD is not received in a timely fashion, then the artist reserves the right to cancel the project.

Digitigrade and Plantigrade pants may require a duct tape dummy (DTD). Occasionally, looser fitting pants may only need inseam , hip, waist, and thigh measurements. Pants made without duct tape dummies are made with elastic waist bands to allow for a wider range of fit.

 

Any client DTD received without the seams taped satisfactory will incur a $50 labor surcharge.

Please mark the DTD with your name and/or project so it can be easily identified.

 

Deadlines and Scheduling

During the quote process, a completion date will be estimated. If the artist is unable to meet the estimated completion date, the client will be updated as soon as such inability to meet the estimated completion date becomes apparent.

 

Delays in sending the requested measurements or in making payments will ultimately delay the project completion date. Projects will not be shipped to the client until full payment is received.

If the client has a convention deadline in mind, it is required that they make this deadline known during the quote process. Sudden mid-project deadlines will not be accepted. Any rush fees will be negotiated during the quote process.

 

Upon request Aetherwears may offer a rush order; these are the rates: 

20% fee – When the artist needs to work overtime occasionally to complete the project.

30% fee – When the artist needs to complete the work in ¾ of their normal time; involves working weekends.

50% fee – When the artist needs to get it done in ½ of their normal time; involves working nights, weekends, and 12+ hour days.

 

Additional fees and deadlines may be discussed through email or Etsy. Many made to order items can be made without a need for a rush fee. Please message the artist before placing a rush order.

Shipping

Finished products are shipped via USPS or Fedex unless an alternate carrier is requested by the client. All shipments will be fully insured, and signature confirmation will be required for all items above $900 unless waived by the client.

 

For international clients, Aetherwears is not responsible for customs fees or tariffs; it is the responsibility of The Client to research what to expect when importing goods from the United States. Aetherwears will not mark shipments as “gifts” to avoid fees.

 

If the Client and Aetherwears are attending the same event and arrangements are made previously, the item can be delivered in-person. Local pickup can also be negotiated.
 

Aetherwears will ship to a convention hotel, but it is the responsibility of The Client to pay any handling fees levied by the hotel.

 

The artist will work with the client should any shipping issues arise with the courier. Aetherwears will not be responsible for loss, damage, or misdirection of product after it is released to a shipping agent. Should the client’s item arrive damaged, missing, or stolen, the artist will assist the client in filing for a stolen items claim. The artist will also assist and may file for an insurance claim. Once the insurance claim is approved, a refund will be sent to the client.


For our client’s protection, the artist will only ship to the address listed on the client’s PayPal or Etsy (as applicable). Please be sure to update the shipping information before purchasing.

A small handling fee is included in the shipping price to cover the cost of the shipping materials.

Once the costume has been delivered there are no returns accepted. Any costume that cannot be delivered (due to lack of payment and/or delivery address) will be held for 3 months (incurring a $25/week storage fee) and then sold.

 

Warranty and Repair Policy

Local pickup for adjustments is not available. 

 

All commissioned items come with a 60-day limited warranty for workmanship defects. If something breaks due to workmanship defects during this time (popped seam, glue coming undone, paint rubbing off, etc.) repairs will be made at no cost to the client. Aetherwears will cover shipping from and to the client. If the client is outside of the United States and shipping is very expensive, other arrangements will be made, such as repairs by another artist or a partial refund.

 

During the initial two-month time period from receipt, if there are any failures of the suit due to manufacturing faults (adhesion failure, popped seams) these will be repaired and shipped at the artist's expense.

 

Once the product is completed and shipped, if sizing or fitting issues occur, the suit will be altered for free with shipping costs at the expense of the artist for the first month.

 

After the 60-day limited warranty period (three months from receipt), the client will be charged for repairs at a rate of $25 per hour plus material costs. The client will be responsible for shipping from and to themselves.

 

The 60-day limited warranty does not cover, under any circumstances, abuse, theft, fire, acts of God or unapproved modifications. Misuse include lack of cleaning, rough handling (as outlined in the care sheet included with each purchase), or any physical adjustments to the costume (cutting/gluing/etc.). It also includes catastrophic events such as (but not limited to) flooding or fire.

 

If costumes are damaged or dirty due to abuse and neglect, the artist will not repair, and it and the product warranty will be void. Under no circumstances should a soiled item be shipped.

Aetherwears does not offer cleaning services for soiled items. The item will be returned to the sender and the warranty void.

 

This above warranty is void under misuse of the costume by the client. It does not cover sizing issues caused by a poorly made DTD.

 

Please inspect your costume in full upon receipt. In the event of any shipping damage, retain ALL shipping materials and contact the artist immediately. The artist will assist in making a claim with the postal service. If there is no shipping damage, please inspect your costume thoroughly and report any defects or fit issues to the artist within 72 hours of receipt of the costume. If no contact is made within 72 hours, the artist will take it as an acknowledgement that the client accepts their costume as delivered. 

Durability

At Aetherwears, we strive to make costumes that are durable and well made! Despite this, costumes need to be treated with care. Mistreatment of your costume (smoke or water damage, pulling on wires, improper packing, taking it through the mud or dirt, etc) will void the warranty and is not the artist’s responsibility. These costumes are a piece of art and should be treated with care. They often involve airbrushing, small details, and resin-based heads that will withstand the test of time with proper care.

 

Please be especially gentle with costumes containing electrical parts. These items should not be thrown in the washer. Proper care must be taken to ensure the life of the electrical parts.  

Check out www.aetherwears.com for tips.

Cancelations

Aetherwears reserves the right to cancel a client’s project for reasons including and not limited to poor communication, harassment or general poor behavior by the client.

 

If the artist cancels a commission midway for any of the following reasons: Client is unhappy with the product and attempts to adjust the costume are not working, the artist waits an unreasonable amount of time for measurements or communication, medical issues or accidents, etc. The artist will refund the price in full but we will keep the costume. The costume will be altered so it no longer looks like the client’s character and sold to another buyer.

 

A cancelled project for which work has already begun, will have its design changed and the project will be sold to the public.

 

If the client cancels the project, Aetherwears keeps the 50% non-refundable retainer fee, and any work the artist has done will be kept, adjusted, and resold. The artist will have 30 calendar days upon notifying the client to provide the refund to the client. The refund  will only be issued through the same method as the funds were initially received.

 

There are no refunds after the final product has been completed and approved by the client.

The client understands that there is no guarantee of a refund due to satisfaction of the final product. 

Return Policy: Ready to Ship ITems

Aetherwears accepts returns, exchanges, and cancellations for Ready to Ship items.

Contact Us within: 3 days of delivery

Ship items back within: 5 days of delivery

Request a cancellation within: 1 hour of purchase

The following items can't be returned or exchanged. Because of the nature of these items, unless they arrive damaged or defective, I can't accept returns for:
  • Custom orders

  • Personalized Orders

  • Digital downloads

  • Scrunchies (for health/hygiene reasons)

  • Items on sale

Buyers are responsible for return shipping costs. If the item is not returned in its original condition, the buyer is responsible for any loss in value.

Questions about your order?

Please contact me if you have any problems with your order.

Photographs and Images

All photographs taken by Aetherwears, including work-in-progress photos or photos of the finished product, may be posted to Aetherwears website, social media feeds or used on promotional material or business cards. Concept art created by Aetherwears may be used in the same manner. Concept art owned by the client will not be shared on Aetherwears social media or website without permission from the client.

 

The client may share work-in-progress photos or finished photos of their project privately or to social media. The client may not use photos or concept art created by Aetherwears commercially.

SEWING PATTERNS

Sewing patterns created for the Client’s project are property of Aetherwears. Aetherwears reserves the right to use these patterns for commercial purposes. For example, if a new pattern is made for a client, Aetherwears may sell products from that pattern to the public as is or use in future client projects.

 

Basic items patterns may be remade into made to order and ready to ship items for the shop. Colors and exact pattern for client commissions will not be copied when the product is complex and unique to the character.

 

Allergy Warning

Aetherwears operates out of a home with a dog and cat. They are not permitted in the main work room or where materials are stored, but it cannot be guaranteed that projects will not encounter cat hair.

 

Aetherwears operates out of a completely smoke-free home.

Liability

 

Aetherwears is not responsible for any personal injury or mishap you may have when in costume, injury to others, or property damage as a result of wearing artist products. This includes and is not limited to heat stroke, falling, tripping, etc.

 

It is the client’s responsibility to ensure that they have a handler or spotter to look out for them and help them through crowded areas. It is also important to take frequent breaks out of costume for water and fresh air. Use caution and know your limits involving heat and vision.

Our products should never be worn in or around bodies of water due to risk of drowning and/or damage to the products themselves.

 

Additional Terms

The Artist will not enter a contract with anybody under the age of 18. Minors wanting to commission Aetherwears must do so through their parent or legal guardian. 

Everything written into invoices and/or private Etsy listings associated with an order and paid by you constitute an extension of this contract and are considered legally binding.

 

These Terms

Aetherwears reserves the right to change these terms of service (TOS) at any time. A printed and signed copy of our TOS must be mailed to our studio or signed and emailed the day the client sends their nonrefundable deposit of 50%.

I have read and agree to these terms.
 

Signature: __________________________________ 

 

 Date: _________________________

Print &Save  TOS

© AETHERWEARS 2019. ALL RIGHTS RESERVED.

Saratoga Springs, New York              Aetherwears.co@gmail.com