FAQ and POLICES


 

Do you have any pieces available to buy?

If there isn’t anything here on my website then I don't currently have any finished Art to sell. You can check my Instagram @fearsomebeast to see when the next shop update will be.

I do occasionally have Art at other shops and galleries that are available to purchase through those sites. My most regular gallery is www.STRANGERFACTORY.com and I usually have a piece or two there under the name Katherine Walsh or FearsomeBeast.

I will also advertise any other shows, galleries, shops that have my Art as often as I can on my Instagram. 

 

Why are you sold out?

I only do a few shop updates and year and they sometimes sell out quickly. I hand embroider each piece of Art and frame it all myself so it takes me some time to have new Art to sell. I am hoping to make more Art in 2022 than I have in past years and to have more regular shop updates. 

 

Can I commission a custom piece?

I am currently not taking custom work, or reservations/holds on Art. Custom Art is a lot more work so I'm choosing to put that part of my Art on hold for a while. I have very much enjoyed working on custom Art in the past but I am looking forward to concentrating on my own pieces for a few years.  

If you are with a company looking to purchase rights to license my Art please reach out to me. I do not currently offer wholesale on original Art.

 

Can I copy your work as a beginner embroiderer?

No. I am not currently allowing people do studies of my Art as practice pieces or as gifts for friends.

The legality of copyright is too complicated in this case even if you credit me and I have had some trouble with this in the past few years.  Please do not copy my Art even for personal use. 

I encourage all new artists to try and find their own style, or to work off of any of the number of great patterns available online! I only caution you to do your research on what can and can't be copied. Just because you see it on the internet does not mean it is fair game. Artists hold a basic copyright on all Art they make as soon as it is made.  

 

Can I get your work as a tattoo?

Please reach out to me before you make plans to get my Art tattooed. I will need to be credited and I may wish you to purchase a Tattoo Ticket from me to continue to financially support my Art. Exposure does not constitute support in this matter. 

 

Do you sell patterns of your work/ can I make a pattern of your work?

No, I don't make or sell patterns of my Art. I also don't have any plans to make patterns or sell them at any future time.

I have been approached many times to make DIY versions of my Art but I am not interested in having it reproduced by anyone but myself. I have a deep personal connection to my Art that would make it hard for me to imagine allowing anyone to reproduce it. 

 

I bought an original piece. Do I own the rights to this art now?

No. And this is pretty standard for original Art everywhere. I still own the image rights to all my artwork.

My Art may not be reproduced in any way. No prints, patterns, reproductions of any kind may be made from Art you have purchased from me. 

Artist reserves all rights of reproduction, including without limitation all copyrights and trade dress rights, in the Artwork. Purchaser may reproduce the Artwork only upon advance written permission from Artist in each instance (except for incidental noncommercial reproductions such as personal photographs of physical settings where the Artwork is displayed). Artist’s signature and/or copyright notice as they appear on the Artwork at the time of sale shall not be removed or concealed. Artist shall receive authorship credit in connection with the Artwork or any reproductions of the Artwork.

 

PURCHASING

-Please read the item description carefully before buying. It will have the size and hanging method of each Art piece stated. 

-Art cannot be held or requested. 

-I can only accept payments through the store using the options available there (no money orders, checks, or mailed payments). 

-Please contact me if you are having trouble with the store payments or with the linked PayPal account. I am happy to work with you to purchase a piece if you are having trouble with an existing listing. 

This will not apply if you are trying to purchase during the first few hours of a store update! 

Because the Art may sell quickly during the first few hours I am not able to jump in to save a piece if the website or your internet are not working correctly. I understand it can be very frustrating to try and purchase one of a kind pieces online but I am as much at the mercy of technology as we all are. Please do your best to have all your information added to the website prior to the update times as this will greatly increase your chances. If you are not as good with internet shopping please consider having a friend or family member who is, help you check out! I am notoriously bad at this as well and make my husband do all the timed ticket and art buying. 

-Enter your address correctly and double check to make sure it is your current address. To protect myself and you as the buyer I do not ship to an address that was not provided at checkout. You may email me after purchase if there is an emergency, but I will only do this under rare circumstances. If you need an address changed I will need to know asap. Once an item is shipped it is out of my hands. 

-Please use consistent names for your order and any emails you send. If you would like the Art shipped under a different name please place this in the Company Name section instead of the First/Last name lines. 

-I do not offer refunds on original Art. Please reach out if you find yourself needing to re-home a piece. I can put out a call to my collectors if you wish to sell. Any transaction between you and another collector will not go through me and will be completed between you and the second party only. If you choose to sell Art for a higher price than you paid for it I will ask to enforce the California Resale Royalty.

California Resale Royalty. If Purchaser sells the Artwork, Purchaser shall pay to Artist a resale royalty of five percent (5%) of the amount of such sale, as required by the California Resale Royalties Act (Cal. Civ. Code 986).

 

SHIPPING

-I cannot take any responsibility or provide reimbursements for lost/tampered with/stolen packages. If the tracking says that it has been delivered or lost then it is out of my hands. PLEASE go to your local post office and check with your mail carrier if you haven’t received an item and tracking shows that it has been delivered. If it gets returned to me I will contact you. Buyer pays shipping expenses to have the item re-sent. 

-Email me at TheFearsomebeast AT gmail DOT com if the item is lost/stolen/damaged. It is good for me to know if the Art has been lost/stolen so I can keep an eye out for it.

-If the Art is damaged please send me photos of the box with the damage as well as photos of the Art, all sides. Under certain circumstances I may wish to try and repair the Art if possible, though this will be on a case by case basis.

Purchaser shall seek Artist’s prior written approval for all repairs and restorations to the Artwork which are made during the lifetime of Artist. To the extent practical, Artist shall be given the opportunity to accomplish said repairs and restorations at a reasonable fee.

-I do not currently offer in person, local pickup (this may change after Covid, or when I have a larger studio). 

-Multiple orders purchased in the same update going to the same address will be shipped together and shipping overages will be refunded to you. In cases where combining orders is more costly for international shipping, I will not combine orders unless it's been requested and shipping fees arranged.

-International Shipping can be expensive and I am not responsible for any duties, import taxes, VAT, customs, or miscellaneous charges that may be incurred through international shipping.

If you ask me to falsify a customs form, your order will be cancelled. It is mail fraud to falsify a customs form, and to do so carries a penalty of up to $10,000 fine and 5 years imprisonment. (13 U.S.C. § 305 : US Code - Section 305: Penalties for unlawful export information)

-Please order well in advance of any special dates you are buying for. I know this is difficult because I only update the store a few times a year but I don't sell outside of my set shop updates or in person shows.

Please take shipping into consideration as well. I will do my best to estimate when I will be sending the pieces out at the time of or before any shop updates. This can be anywhere from a week to a month (a week to a month before I send boxes out, NOT a week to a month before you receive the piece. Shipping times vary.).

 

HANDLING AND CARE

Each piece should be handled with care. I don't put glass over my Art as the glass obscures the 3D nature of the stitches. I also use many antique or vintage frames. Each frame I use will be sturdy enough to hang and hold art but I cannot be responsible for damage created by incorrect handling. 

Do not touch the threads or fabric with your bare hands if you can help it. A little touch will not hurt the piece but over time oils from skin will change the color and texture of any fibers and may lead to the Art looking dirty without a safe way to clean it. 

Keep your Art out of constant direct sunlight as you would any other piece. Exposure to bright sun over time will fade the fibers of the piece and this cannot be fixed once it has happened. 

Fiber pieces tend to attract fluff and lint from the air and surrounding environment (also animal hair). If you find that your piece has attached fluff you can carefully spot clean it with a piece of gentle tape (scotch or painters tape only, NO Duct tape, masking tape, packing tape!). Fold the tape with the sticky side out and use as a gentle dab or drag against the piece to catch any fluff. Do not reuse the tape to catch more fluff. Cut new pieces of tape for each bit of fluff or animal hair. 

If dirt ends up on the Art asses the damage first. You may sometimes use a Q-tip to gently clean the dirt away if the dirt is dry ONLY. If the dirt that has landed on the piece is damp it may soak in to the fibers so be carful not to drag it around more by scrubbing. 

If you are worried about any spot or imperfections that have appeared on the Art since you received it please contact me with images of the imperfection and I can help walk you through the best way to clean it. Under rare circumstances I may take the piece back to clean it myself. Owner will pay shipping costs to and from cleaning appointment. 

In compliance with federal and California law, Purchaser will not intentionally damage, alter, modify, or change the Artwork in any way whatsoever. If any alteration of any kind occurs after receipt by Purchaser, whether intentional or accidental and whether done by Purchaser or others, the Artwork shall no longer be represented to be the work of the Artist without the Artist’s written consent. Purchaser shall undertake reasonable efforts to ensure that the Artwork is properly maintained. Purchaser shall not destroy the Artwork or permit the Artwork to be destroyed without first offering to return ownership to Artist or her successor in interest.

 

DISCLAIMER 

The Artwork is sold as is. ARTIST EXPLICITLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. A waiver of breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. Its terms may be modified only by writing signed by both parties. This Agreement shall be construed and enforced under the laws of the United States and the State of California, and constitutes the entire understanding between the parties.