Kira Somerset | Terms of Service & Studio Policy
Last updated: 22 January 2026
1. Acceptance of Terms
By accessing www.kirasomerset.com (the “Site”), purchasing artwork, or commissioning bespoke work, you (the “Buyer” or “User”) agree to be legally bound by these Terms and by the laws of England and Wales.
Payment of any invoice, confirmation of a booking, or acceptance of any Work shall constitute full and irrevocable acceptance of these Terms in their entirety. These Terms are intended to be fair and reasonable and shall be interpreted accordingly.
1.1 Right to Refuse Service
The Artist reserves the unrestricted right to refuse service, decline any commission, sale, request, or engagement, or to cease ongoing work, at her sole discretion, subject always to applicable equality and anti-discrimination legislation.
This right may be exercised for any reason, including but not limited to concerns relating to creative integrity, ethical considerations, professional standards, safety, legal risk, reputational impact, or incompatibility of expectations.
Where service is refused prior to commencement of work, any fees paid shall be refunded, less any non-refundable deposits or costs already incurred. Where work has commenced, fees shall be handled in accordance with these Terms and applicable law.
Nothing in this clause shall require the Artist to provide reasons for refusal.
1.2 Definitions & Interpretation
In these Terms, unless the context otherwise requires:
“Artist” means Kira Somerset.
“Buyer” means any individual or entity purchasing, commissioning, possessing, or otherwise dealing with the Work.
“Work” means any artwork, object, installation, paint skin, study, prototype, documentation, or related material created by the Artist.
“Studio” means Kira Somerset Studio and its representatives.
“Bailment” means temporary possession without transfer of ownership.
“Including” shall mean “including without limitation”.
Headings are for convenience only and do not affect interpretation.
2. Intellectual Property, Copyright & Moral Rights
2.1 Ownership
All artworks, images, paint skins, designs, concepts, processes, text, documentation, and original research (the “Work”) remain the sole intellectual property of Kira Somerset (the “Artist”).
2.2 Copyright
The sale or commissioning of a physical artwork does not transfer copyright or any related rights. No reproduction, digitisation, publication, licensing, distribution, or commercial exploitation is permitted without prior written consent.
2.3 Moral Rights
The Artist asserts her moral right to be identified as the author of the Work pursuant to the Copyright, Designs and Patents Act 1988. Any public display, publication, or media use must include the credit:
“Artwork by Kira Somerset.”
2.4 Documentation & Promotion
The Artist retains a perpetual, irrevocable right to photograph, film, and otherwise document the Work for portfolio, exhibition, publication, archival, and professional promotional purposes.
2.5 Artificial Intelligence, Tokenisation & Digital Exploitation
The Work may not be scanned, scraped, uploaded, tokenised, minted, encoded, or otherwise used in connection with artificial intelligence systems, machine-learning models, blockchain technologies, NFTs, digital assets, training datasets, or derivative generation systems, whether commercial or non-commercial, without the Artist’s prior written consent.
Any unauthorised use under this clause constitutes a material breach of these Terms and an infringement of the Artist’s intellectual property rights.
2.6 Machine-Readable Opt-Out
For the purposes of the Data (Use and Access) Act 2025 and any equivalent international legislation, the Artist expressly reserves all rights to the Work for the purposes of text and data mining. This reservation is intended to be machine-readable via robots.txt and metadata. Any bypass of technical measures intended to prevent scraping for AI training constitutes unauthorised access and a material breach of these Terms.
3. Title, Ownership & Risk
3.1 Retention of Title
Legal title to the Work shall not pass to the Buyer until all sums due have been paid in full and cleared.
3.2 On-Loan Status
Legal title to the Work shall remain with the Artist until all sums due have been paid in full and cleared. During this period, the Work is deemed to be on loan to the Buyer and may not be sold, offered for sale, gifted, appraised, pledged, encumbered, exported, consigned, or otherwise transferred or dealt with in any manner inconsistent with the Artist’s ownership.
The Buyer acknowledges that they hold the Work only as a bailee and not as an owner.
3.3 Return of Works on Loan
Where any Work is deemed to be on loan and is required to be returned for any reason, the Buyer must bear all costs related to packing, insurance, handling, and return transport.
Risk for the Work remains with the Buyer until it is safely returned to the Artist’s studio, except where applicable law requires otherwise.
3.4 Prohibition on Conversion, Misappropriation & Unauthorised Dealings
Where the Buyer or any third party is in possession of a Work prior to the transfer of legal title, such possession is strictly limited to bailment for safekeeping only.
Any act by the Buyer or third party that treats the Work as their own property, including but not limited to selling, offering for sale, pledging, lending, gifting, withholding, concealing, materially altering, exporting, or refusing to return the Work on demand, shall constitute unauthorised conversion and a material breach of these Terms.
The Artist reserves the right to pursue immediate recovery of the Work, injunctive relief, damages, interest, recovery costs, and any other remedies available at law or in equity. Nothing in these Terms limits the Artist’s right to report such conduct to insurers or relevant authorities.
3.5 Lien, Storage Charges & Disposal
Where the Buyer fails to collect, accept delivery of, or make payment for a Work when due, the Artist reserves a possessory lien over the Work until all outstanding sums are paid in full.
The Artist may charge reasonable storage, insurance, and handling fees from the date payment or collection became due.
If the Work remains uncollected or unpaid for ninety (90) days after written notice, the Artist may sell, dispose of, or otherwise deal with the Work at her discretion, applying any proceeds against outstanding sums, with any balance retained or refunded as required by law.
4. Bespoke Commissions
4.1 Payment Structure
30% commencement fee (non-refundable)
30% progress payment
40% final balance
4.2 Release of Work
No Work shall be released, shipped, installed, or transferred until all balances, taxes, levies, and fees have been paid in full.
4.3 Cancellation (Kill Fee)
Where a commission is cancelled after the progress payment but prior to completion, a kill fee equal to sixty percent (60%) of the total commission value shall apply.
4.4 Revisions
Two (2) rounds of minor revisions are included. Additional revisions or scope changes shall be charged at £75 per hour, payable in advance.
4.5 Timelines
All timelines are estimates only. Time shall not be of the essence unless expressly agreed in writing.
4.6 Abandonment
Failure to respond, approve, or make payment for thirty (30) days shall constitute abandonment. All fees paid shall be forfeited and the Artist may complete, dispose of, sell, or repurpose the Work at her discretion.
4.7 Returns & Refunds
All sales are final subject always to statutory consumer rights under UK law, including rights relating to defective goods and any applicable cancellation rights for distance or off-premises contracts.
No refunds or returns are accepted once work has commenced, save where required by statute.
4.7.1 Statutory Right to Cancel (Standard Works Only) If the Buyer is a Consumer, they have a statutory right to cancel an order for a Standard Work (e.g., non-bespoke prints) within 14 days of receipt without giving a reason. This right does not apply to Bespoke Commissions (see Clause 4.12).
4.7.2 Exercise of Cancellation Right To cancel, the Buyer must inform the Artist at studio@kirasomerset.com. The Buyer may use the following wording, though it is not mandatory: “To Kira Somerset: I hereby give notice that I cancel my contract for the sale of [Insert Name of Work], ordered on [Date] and received on [Date]. Name: [Insert Name], Address: [Insert Address], Date: [Insert Date].”
4.7.3 Condition of Returns Returned Works must be in their original condition. The Artist reserves the right to reduce the refund amount if the value of the Work has been diminished by handling beyond what is necessary to establish its nature (e.g., removing protective films or handling paint skins with bare hands).
4.8 Technical Discretion
The Artist retains sole discretion over the technical methods used for stretching, mounting, and framing to ensure the long-term structural integrity of the paint skins and unique materials used.
4.9 Returns & On-Loan Works
Where a return is required by statute, or where a Work is deemed to be on loan pursuant to these Terms, all return shipping, insurance, packing, and handling costs shall be borne by the Buyer, except where applicable law requires otherwise.
4.10 Client Conduct & Professional Boundaries
The Buyer agrees to conduct themselves in a respectful, professional, and lawful manner in all communications and dealings with the Artist and the Studio.
The Artist reserves the right to suspend or terminate any engagement, with immediate effect, where the Buyer engages in behaviour that is abusive, threatening, harassing, defamatory, discriminatory, coercive, or otherwise detrimental to the Artist, the Studio, or their reputation.
In such circumstances, all fees paid shall be retained by the Artist to the extent permitted by law, and any outstanding balances shall become immediately due. Termination under this clause shall be without prejudice to any other rights or remedies available to the Artist.
4.11 Content, Ethical & Creative Standards
The Artist reserves absolute creative and ethical discretion over the subject matter, content, and nature of any Work.
The Artist will not create Work that, in her sole judgment:
promotes or depicts hate speech, violence, discrimination, abuse, or exploitation;
is unlawful, defamatory, or infringes the rights of third parties; or
conflicts with the Artist’s professional values, ethical standards, or creative integrity.
The Buyer warrants that any brief, reference material, or instruction provided does not violate the above standards. The Artist may refuse, discontinue, or materially alter a commission where such conflict arises, without obligation to justify her decision.
Where a commission is declined or discontinued under this clause, fees paid shall be handled in accordance with Clause 4.3 (Cancellation) and applicable law.
4.12 Consumer Contracts & Bespoke Works
Where the Buyer is a consumer within the meaning of the Consumer Rights Act 2015, nothing in these Terms limits statutory consumer rights.
The Buyer expressly acknowledges that bespoke commissions and custom works are made to the Buyer’s specifications and are therefore exempt from cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 once work has commenced, save where otherwise required by law.
5. Fees, Taxes & Late Payment
All prices are exclusive of applicable taxes, delivery costs, and studio levies (including the ten percent (10%) Studio Tax).
Late payments shall accrue statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998 at eight percent (8%) above the Bank of England base rate, together with reasonable recovery costs.
5.1 Pricing Transparency & Drip Pricing In accordance with the Digital Markets, Competition and Consumers Act 2024, all prices displayed on the Site for "Campaign Works" (as defined in Clause 10.1) include the 10% Studio Tax in the headline price. Where a price is quoted for a bespoke commission, the total estimate provided to the Buyer will include all mandatory fees and non-optional charges. Optional extras, such as expedited shipping or premium framing, will be clearly disclosed as additional costs prior to the point of purchase.
6. Media, Likeness & Usage
Any recording, photography, or footage of the Artist, her studio, or process captured by third parties is strictly limited to the agreed purpose. Any commercial, broadcast, or promotional use requires a separate written licence.
The Artist retains final approval rights over all uses of her likeness and the Work.
6.1 Confidentiality
All non-public information relating to the Artist, the Studio, pricing, commissions, processes, materials, collectors, and the creation of the Work shall be treated as confidential.
The Buyer shall not disclose such information to any third party without prior written consent, save where required by law.
This obligation survives completion or termination of any engagement.
6.2 Studio Filming, Photography & Recording
Permission Required: No person, including Buyers, visitors, clients, or contractors, may film, photograph, record, live-stream, or otherwise capture images or audio within the Studio or of the Artist without prior written consent from the Artist.
Restricted Use: Any authorised recordings or photographs may only be used for the purpose explicitly agreed in writing. Any other use, including commercial, social media, publication, or promotional use, is strictly prohibited without additional written consent.
Artist Control: The Artist retains full editorial control over all images, footage, or recordings taken in or of the Studio. The Artist may require deletion, modification, or removal of any images or recordings if they are considered inappropriate, damaging, misleading, or inconsistent with the Artist’s professional image or the Studio’s creative integrity.
Studio Space Privacy: Visitors acknowledge that the Studio contains private, confidential, or sensitive materials (including works in progress, prototypes, materials, and documents). Unauthorized recording or photography constitutes a material breach of these Terms and may result in immediate removal from the Studio and liability for any resulting damage, loss, or legal claims.
Enforcement: The Artist reserves the right to take any necessary legal action to protect her image, the Studio, and her Work, including injunctions, damages, or reporting unlawful conduct to authorities.
7. Shipping, Delivery, Fabrication & Risk
7.1 Delivery & Insurance
All delivery, crating, and handling costs are payable by the Buyer. Fine art transit insurance is mandatory for Works valued over £500.
7.2 International Orders
The Buyer is solely responsible for all customs duties, VAT, import taxes, and local charges.
7.3 Transfer of Risk
Risk in the Work shall pass to the Buyer upon physical handover to a courier, freight agent, installer, or third-party custodian, whichever occurs first.
7.4 Couriers & Handlers
All couriers and delivery agents act as independent contractors. The Artist shall have no liability for loss, theft, delay, or damage occurring during transit. Claims must be pursued directly with the carrier or insurer, including where such loss arises from theft, misdelivery, or misappropriation.
7.5 Third-Party Fabrication
Where the Work is placed with third parties for stretching, framing, conservation, or fabrication, such parties act as independent contractors. The Artist shall have no liability for loss, damage, alteration, or delay occurring during such custody, whether selected by the Buyer or recommended by the Studio.
7.6 Risk During Fabrication
Where the Studio manages fabrication (e.g. stretching or framing) on behalf of the Buyer, the Studio acts as the Buyer’s agent. The Buyer acknowledges that these third parties are independent professionals.
The Artist’s liability for any damage occurring during this stage is strictly limited to the assignment of the Artist’s rights to claim against the fabricator’s insurance. In no event shall the Artist be liable for replacement of the Work or refund of fees due to third-party negligence once the Work has left the Studio’s direct control.
By accepting the Work, the fabricator acknowledges this valuation and confirms that their “Goods in Trust” insurance is sufficient to cover total loss or depreciation in value of the Work while in their care, custody, and control.
7.7 Condition on Delivery
The Buyer must notify the Artist in writing of any damage within forty-eight (48) hours of receipt. Failure to do so shall be deemed conclusive acceptance of the Work.
Any subsequent return or re-delivery shall be at the Buyer’s sole risk and expense until the Work is safely received by the Studio.
7.8 Installation Liability
Where the Work is installed by the Buyer or a third-party contractor, the Artist shall have no liability for damage to the Work or the surrounding property (including walls, floors, or structural surfaces) arising from improper mounting, weight-bearing failure, or environmental degradation of the installation site.
8. Resale & Provenance
8.1 Right of First Refusal
Prior to resale or transfer, the Buyer must offer the Work back to the Artist in writing. The Artist shall have fourteen (14) days to respond.
8.2 Resale Royalty & Artist’s Resale Right
Any resale of the Work shall be subject to:
(a) a contractual resale royalty of ten percent (10%) of the gross resale price, payable directly to the Artist; and
(b) any applicable statutory Artist’s Resale Right (ARR) under the Artist’s Resale Right Regulations 2006 (as amended).
The contractual resale royalty applies in addition to any statutory ARR and is payable whether or not the resale qualifies for ARR under law.
8.3 Certificate of Authenticity
The validity of any Certificate of Authenticity is contingent upon compliance with these Terms. Any unauthorised dealing, conversion, or failure to return the Work on demand shall render any Certificate of Authenticity immediately void.
8.4 Resale Notification
The Buyer must notify the Artist in writing of any intended resale, transfer, or consignment prior to completion, including the identity of the proposed buyer or intermediary and the anticipated resale price.
9. Venue Liability, Care & Conservation
9.1 Public Exhibition Acknowledgement
Where the Work is exhibited, displayed, installed, performed, published, or otherwise made accessible to the public (whether in a physical venue, public realm, digital platform, or temporary installation), the Buyer or exhibiting Venue acknowledges that contemporary art is inherently subjective and may provoke strong, diverse, controversial, emotional, political, or critical responses.
The Artist makes no representation or warranty that the Work will be acceptable, appropriate, or agreeable to all audiences, belief systems, cultural backgrounds, or community standards.
9.2 Offence, Distress & Public Reaction
To the fullest extent permitted by law, the Artist shall not be liable for any offence taken, emotional distress, psychological impact, reputational concern, public criticism, protest, complaint, media response, or adverse reaction arising from the content, presence, interpretation, or exhibition of the Work.
Engagement with the Work by members of the public is voluntary and at their own discretion.
9.3 Responsibility of Buyer or Venue
Responsibility for audience management, safeguarding, age-appropriateness, content warnings, trigger notices, interpretive materials, signage, invigilation, access control, security, staffing, and compliance with all applicable laws and local authority regulations rests solely with the Buyer or exhibiting Venue.
The Buyer or Venue agrees not to attribute any failure in audience management or public response to the Artist.
9.4 No Obligation to Modify, Censor, or Withdraw
The Artist shall have no obligation to alter, censor, contextualise, relocate, conceal, or withdraw the Work in response to public complaint, objection, political pressure, donor influence, sponsor concern, reputational risk, or third-party demand.
Any modification, removal, or withdrawal of the Work shall occur only with the Artist’s prior written consent, unless required by law or binding court order.
9.5 No Defamation or Factual Assertion
The Work constitutes artistic expression and does not represent factual assertion, legal allegation, or statement of verifiable fact about any identifiable individual, organisation, institution, or state.
The Buyer or Venue shall not present, interpret, or promote the Work as making factual or defamatory claims, nor imply endorsement of any political ideology, position, or campaign.
9.6 Curatorial Context & Attribution
Where the Work is publicly exhibited, any curatorial text, wall labels, press releases, catalogues, educational materials, or interpretive content that purports to describe the Artist’s intentions, biography, or meaning of the Work must be accurate and not misleading.
The Artist reserves the right to request reasonable corrections where such materials materially misrepresent the Work or the Artist’s intent.
No cropping, partial display, fragmentation, re-contextualisation, or altered presentation of the Work shall occur without the Artist’s prior written consent.
9.7 Unauthorised Handling, Movement & Intervention
The Buyer or exhibiting Venue shall not move, handle, re-install, dismantle, clean, repair, conserve, modify, alter, relocate, interfere with, or permit any third party (including but not limited to technicians, installers, conservators, cleaners, security staff, or contractors) to interact with the Work without the Artist’s prior written consent.
This prohibition includes any handling for technical, conservation, photographic, documentation, or maintenance purposes.
Unauthorised handling or intervention shall constitute a material breach of these Terms and may result in immediate withdrawal of the Work, suspension of exhibition, and liability for all resulting damage, depreciation, loss of value, recovery costs, and associated expenses.
Emergency action solely required to prevent imminent damage or loss is permitted, provided the Artist is notified in writing as soon as reasonably practicable.
9.8 Third-Party Claims & Complaints
Any complaint, claim, investigation, demand, or proceeding brought by a member of the public, regulator, funder, sponsor, donor, advocacy group, or other third party arising from the exhibition or public presentation of the Work shall be handled by the Buyer or exhibiting Venue at their own cost and risk.
Nothing in this clause limits the Artist’s rights under Section 13 (Indemnity).
9.9 Insurance, Care & Environmental Conditions
Exhibiting Venues must maintain Public Liability Insurance of not less than £5,000,000 and All-Risks Fine Art Insurance covering the full replacement value of the Work.
The Work must be protected from sunlight, moisture, temperature extremes, pests, vibration, and unauthorised handling at all times.
The Artist uses professional-grade materials. Natural ageing, surface variation, cracking, tonal shift, or patina are inherent characteristics of the Work and do not constitute defects.
Failure to follow any care guidance provided (where given at the Artist’s discretion) releases the Artist from liability.
The Buyer acknowledges that 'Paint Skins' are a living medium. Minor changes in flexibility, surface tension, or transparency over time are considered part of the Work’s natural evolution and 'life cycle' rather than a material defect. The Artist is not liable for changes caused by the natural chemical curing process of the materials used.
9.10 No Advice or Reliance
Nothing in the Work, nor any statement, discussion, correspondence, or explanation provided by the Artist, constitutes professional, legal, medical, financial, or other advice. The Buyer and any third party acknowledge that they do not rely on the Work or the Artist for such advice.
9.11 Exhibition Handling Rider
The Work is loaned for exhibition only. No handling, movement, modification, cleaning, conservation, photography for technical purposes, or third-party intervention is permitted without the Artist’s prior written consent. Any unauthorised handling constitutes a material breach and may result in immediate withdrawal of the Work and liability for all resulting loss or damage.
10. Social Responsibility Mandate
Kira Somerset Studio operates a formal Social Responsibility Mandate supporting Refuge (UK Charity No. 277424).
A mandatory Studio Tax applies to all commissions and sales. Funds are ring-fenced and transferred within thirty (30) days of invoice settlement to support the work of Refuge.
10.1 Studio Tax
A Studio Tax of 10% applies to all works that are explicitly identified as being part of specific fundraising campaigns or series supporting Refuge. The applicable works will be clearly marked on the website and during the purchasing process.
Campaign Works: These may include limited-edition pieces, special collections, or certain time-sensitive works that are explicitly linked to a fundraising initiative.
Non-Participating Works: For works not associated with the campaign or charity initiative, the Studio Tax does not apply.
These funds are ring-fenced for charitable purposes and are transferred within 30 days of invoice settlement to support the work of Refuge.
10.2 Fundraising Campaigns
The Artist may launch special fundraising campaigns with Refuge throughout the year and will notify buyers and collectors via the website, email newsletters, and social media about specific campaigns. The campaign details, including the percentage donated, duration, and any special events, will be clearly communicated.
In addition to the Studio Tax, the Artist may, from time to time, run specific fundraising campaigns in collaboration with Refuge or other charitable organizations. These campaigns aim to raise awareness and provide direct financial support for their work in helping survivors of domestic violence and abuse.
Campaign Details:
Campaigns will be clearly identified as such and communicated to buyers and clients.
A percentage (e.g., 10% or a different agreed amount) of the sale price of certain works will be donated directly to Refuge.
The campaigns may be time-limited (e.g., during Domestic Violence Awareness Month) or related to specific works of art, series, or special events.
10.3 Communication and Promotion of Fundraising
The Artist will promote Refuge fundraising campaigns through the website, email newsletters, and social media platforms. Buyers will be notified of their opportunity to contribute, but if a buyer does not wish to participate in a campaign, they may opt-out of the donation by notifying the Artist before purchase.
Transparency & Reporting:
The Artist will provide a public summary of funds raised through these campaigns, including the total amount donated to Refuge, on the website or social media.
Donations will be made within 30 days of the campaign’s completion or invoice settlement.
A receipt or acknowledgement from Refuge will be available upon request for all donations made under these campaigns.
10.4 Charitable Fundraising Campaigns
Kira Somerset Studio is committed to supporting the work of Refuge (UK Charity No. 277424) and may run special fundraising campaigns from time to time. These campaigns will be clearly advertised and offer the opportunity for buyers to contribute a percentage of the sale price towards Refuge’s efforts to support survivors of domestic abuse.
For certain campaigns, a portion of the sale price (e.g., 10%) will be donated directly to Refuge. The Artist will provide a summary of the total funds raised during each campaign, as well as confirm that donations have been processed.
The Artist commits to complete transparency with all funds raised for Refuge. After each fundraising campaign, a detailed report will be made available on the website, showcasing the total funds donated, and acknowledgment from Refuge for the donations.
11. Force Majeure
The Artist shall not be liable for failure or delay caused by events beyond reasonable control, including but not limited to illness, pandemics, supply disruption, courier failure, acts of God, government regulations, labor strikes, or any other unforeseeable event beyond the Artist’s reasonable control.
12. Limitation of Liability
To the fullest extent permitted by law, the Artist’s total aggregate liability arising out of or in connection with any Work or these Terms shall be limited to the total amount paid by the Buyer for the specific Work giving rise to the claim.
The Artist shall not be liable for any indirect, consequential, or economic loss, including loss of profit, opportunity, or reputation.
Nothing in these Terms limits liability for fraud, wilful misconduct, or unlawful conversion.
13. Indemnity
The Buyer agrees to indemnify, defend, and hold harmless the Artist and the Studio from and against all claims, liabilities, losses, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
(a) any breach of these Terms by the Buyer;
(b) any unauthorised use, handling, display, reproduction, or dealing with the Work; and
(c) any claim, complaint, investigation, demand, or proceeding arising from the public exhibition, display, interpretation, promotion, or audience response to the Work, including allegations of offence, distress, reputational harm, defamation, or regulatory non-compliance,
save where such liability arises solely from the Artist’s fraud or wilful misconduct.
14. Survival
Clauses relating to intellectual property, moral rights, resale royalties, limitation of liability, indemnity, governing law, and dispute resolution shall survive completion or termination.
15. Assignment
The Buyer may not assign or transfer these Terms without prior written consent. The Artist may assign these Terms in connection with studio operations or succession.
16. Entire Agreement
These Terms constitute the entire agreement and supersede all prior communications or representations.
17. No Waiver
Failure to enforce any provision shall not constitute a waiver of that provision.
18. Amendments
The version of these Terms in force at the time of payment shall apply.
19. Electronic Contracts
Agreements entered into electronically, including invoice payment, are legally binding.
20. Consumer Rights
Nothing in these Terms excludes or limits statutory consumer rights under UK law.
21. Notices & Contact
All legal notices, data protection requests, and formal communications must be submitted in writing to:
studio@kirasomerset.com
Notices shall be deemed received on the next business day.
22. Dispute Resolution
In the event of any dispute, claim, or controversy arising out of or in connection with these Terms or any Work, the parties shall first seek to resolve the matter amicably through good-faith negotiation.
If the dispute cannot be resolved within fourteen (14) days, the parties agree to attempt resolution through confidential mediation administered by the Centre for Effective Dispute Resolution (CEDR) or another recognised mediation provider agreed between the parties.
Nothing in this clause shall prevent either party from seeking urgent injunctive or equitable relief through the courts of England and Wales where necessary to protect intellectual property, confidential information, or other legal rights.
22.1 Third Party Rights
A person who is not a party to these Terms shall have no rights to enforce any provision under the Contracts (Rights of Third Parties) Act 1999.
23. Governing Law & Jurisdiction
These Terms are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.
23.1 Governing Language
These Terms are drafted in the English language. In the event of any translation, the English version shall prevail.
24. Severability
If any provision of these Terms is found by a court or competent authority to be invalid, unlawful, or unenforceable, such provision shall be deemed modified to the minimum extent necessary to make it valid, lawful, and enforceable, and the remaining provisions shall remain in full force and effect.
25. Website Availability & Errors
The Artist does not warrant that the Site will be uninterrupted, error-free, or free from inaccuracies. The Artist reserves the right to correct errors, including pricing or availability errors, and to cancel or amend orders affected by such errors prior to dispatch.
26. No Partnership or Agency
Nothing in these Terms creates any partnership, joint venture, fiduciary relationship, or agency between the Buyer and the Artist.
The Buyer has no authority to bind, represent, or act on behalf of the Artist or the Studio.
27. Consumer Reviews
All reviews and testimonials displayed on the Site are provided by verified Buyers of the Work. The Artist does not pay for reviews nor offer incentives (such as discounts) in exchange for positive ratings, in compliance with the DMCCA 2024.
28. Product Safety & Small Parts Warning
28.1 Choking Hazard Warning: The Work may consist of, or include, small parts, delicate fragments, or detachable elements (including but not limited to paint skins, resin components, or installation hardware). The Work is a piece of fine art intended for display purposes only; it is not a toy and is not suitable for children.
28.2 Supervision: The Buyer or Venue acknowledges that the Work may pose a choking hazard if handled inappropriately, broken, or ingested. It is the sole responsibility of the Buyer or Venue to ensure that the Work is installed and displayed out of reach of children, pets, or individuals requiring supervision.
28.3 Material Integrity: Certain materials used by the Artist (e.g., paint skins) may become brittle or fragment over time due to environmental factors. The Artist shall not be liable for any injury, loss, or damage arising from the ingestion or inhalation of such fragments.
28.4 Liability Waiver: To the fullest extent permitted by law, the Artist and the Studio shall have no liability for any personal injury, accidental ingestion, or choking incidents resulting from the Buyer’s or Venue’s failure to secure the Work or provide adequate supervision in its presence.
28.5 Non-Toxicity Disclaimer: While the Artist uses professional-grade materials, the Work is chemically composed of industrial pigments, binders, and polymers. The Work is not food-safe and must never come into contact with food or be ingested. The Artist is not liable for any chemical sensitivity or illness resulting from skin contact or ingestion.
Privacy Policy
Last updated: 22 January 2026
This Privacy Policy explains how personal data is collected, used, stored, and protected by Kira Somerset Studio in accordance with the UK General Data Protection Regulation (“UK GDPR”) and the Data Protection Act 2018.
1. Data Controller
The data controller is:
Kira Somerset Studio
Email: studio@kirasomerset.com
Website: www.kirasomerset.com
2. Personal Data Collected
The Studio may collect and process the following categories of personal data:
Identity Data: name, title
Contact Data: email address, postal address, telephone number
Transaction Data: invoices, payment records, purchase history
Contractual Data: commission briefs, correspondence, approvals
Communications Data: emails and written communications
Technical Data: IP address, browser type, and basic usage data (where applicable)
The Studio does not knowingly collect special category data unless strictly necessary for contractual or legal reasons.
3. Lawful Basis for Processing
Personal data is processed on the following lawful bases:
Contractual necessity – to perform or enter into a contract
Legal obligation – for accounting, tax, and regulatory compliance
Legitimate interests – studio administration, record-keeping, portfolio management, and business operations
Consent – where expressly given (e.g. mailing lists, optional communications)
4. How Personal Data Is Used
Personal data is used to:
Process commissions, sales, and payments
Communicate regarding artworks, projects, and exhibitions
Arrange delivery, insurance, and logistics
Maintain financial and legal records
Comply with statutory obligations
Protect the Studio’s legal rights and interests
5. Data Sharing
Personal data is shared only where strictly necessary with trusted third parties, including:
Payment processors and banks
Accountants and professional advisers
Couriers, freight handlers, and insurers
IT and website service providers
All third parties are required to process data securely and in compliance with UK GDPR.
6. International Transfers
Personal data is not routinely transferred outside the United Kingdom.
Where international transfer is required (e.g. international shipping or payment processing), appropriate safeguards are implemented in accordance with UK GDPR.
7. Data Retention
Personal data is retained only for as long as necessary for the purposes for which it was collected:
Contractual and financial records: six (6) years
Commission correspondence: six (6) years
Marketing communications: until consent is withdrawn
Data may be retained longer where required by law or for the establishment, exercise, or defence of legal claims.
8. Data Subject Rights
Under UK GDPR, individuals have the right to:
Access their personal data
Request rectification of inaccurate data
Request erasure (where applicable)
Restrict or object to processing
Request data portability
Withdraw consent at any time (where processing is based on consent)
Requests may be made by emailing studio@kirasomerset.com.
9. Complaints
If you believe your data has been processed unlawfully, you have the right to lodge a complaint with the UK Information Commissioner’s Office (ICO).
This Privacy Policy is governed by the laws of England and Wales.
10. Cookies
The Site uses essential cookies necessary for its operation. Where analytics or non-essential cookies are used, consent will be obtained in accordance with applicable law.