The creation of an extraordinary piece of art is only complete once it is safely installed in its new home. Because Otterkin connects a global network of exceptional Artists with international Patrons, the logistics of packaging, shipping, and insuring bespoke physical artworks are the direct responsibility of the transacting parties.
This policy defines the responsibilities, liabilities, and protocols regarding the transit of commissioned artworks.
1. Otterkin's Role
Otterkin provides the platform to facilitate the commission and secure the funds via Stripe escrow. Otterkin is not a logistics provider, courier, or insurance broker. Otterkin assumes no liability for the physical transport, delay, loss, or damage of any artwork in transit.
2. Artist Responsibilities: Shipping, Delivery & Insurance
The Artist is solely responsible for the physical security of the artwork until it safely reaches the Patron. Artists have two options for fulfilling a commission: using a professional courier or delivering the piece in person.
Option A: Professional Courier Transport
- Recommended Partner (Convelio): For international or high-value transit, Otterkin highly recommends using Convelio, a leading fine-art logistics provider. Please note that Otterkin does not mandate Convelio, and any shipping agreement is strictly between the Artist and their chosen courier. Otterkin is not a party to the shipping contract and assumes no liability for the courier's performance.
- Professional Packaging: The Artist must package the artwork to professional gallery standards, ensuring it is secure against standard transit shocks, moisture, and handling.
- Transit Insurance: The Artist must purchase full-value transit insurance for the shipment, covering the total invoiced price of the artwork. If an Artist chooses to ship an artwork without full insurance, they do so entirely at their own risk and will be held financially liable for any loss or damage.
- Tracking: The Artist must provide the Patron with the courier name, tracking number, and estimated delivery date within the Correspondence tab immediately upon dispatch.
Option B: In-Person Delivery
- Artists may elect to personally deliver and/or install the artwork for the Patron.
- If choosing this route, the Artist must coordinate the delivery date and time clearly within the Correspondence tab.
- Personal Transit Risk: The Artist must be aware that standard studio insurance policies often do not cover artworks in transit inside personal vehicles. The Artist assumes 100% of the financial risk for any damage that occurs during transit and installation until the Patron formally accepts the piece.
3. Patron Responsibilities: Delivery & Customs
- Receiving the Artwork: The Patron must provide a secure, accurate delivery address and ensure someone is available to sign for the delivery.
- Import Duties & Taxes: Unless explicitly agreed otherwise in the Correspondence tab, all international shipments are sent Delivered-at-Place (DAP). The Patron is solely responsible for paying any import duties, customs fees, or local taxes required to release the artwork from customs in their country. Refusal to pay customs fees does not constitute a valid reason for a refund or commission cancellation.
4. Transfer of Liability (Risk of Loss)
Legal liability for the physical condition of the artwork transfers at specific milestones depending on the delivery method:
- The Artist's Risk: The Artist bears all risk of loss or damage while the artwork is in their studio and during the packaging process.
- The Courier Transit Risk: If using a courier, once the artwork is handed over, the risk transfers to the shipping carrier and the Artist's transit insurance policy.
- The In-Person Delivery Risk: If the Artist is personally delivering the artwork, they retain full liability for the piece throughout the journey, transit, and carrying of the artwork into the Patron's space.
- The Patron's Risk: The "Risk of Loss" formally transfers to the Patron the moment the delivery is signed for via a courier, OR the moment the Patron visually inspects and accepts the hand-delivered artwork in their home. From that moment forward, the Patron is entirely responsible for the artwork's safety, environmental conditions, and installation.
5. Damaged Artwork Protocol
If an artwork arrives damaged, the Patron must follow this strict protocol to protect the Stripe escrow funds and initiate an insurance claim:
- Immediate Notification: The Patron must notify the Artist via the Correspondence tab within 48 hours of signing for the delivery.
- Do Not Discard Packaging: The Patron must keep all original packaging, crates, and packing materials. Discarding the packaging usually voids any courier insurance claim.
- Photographic Evidence: The Patron must take clear, well-lit photographs of the damaged shipping box (before opening, if visibly crushed) and detailed photos of the damage to the artwork itself, uploading these to the Correspondence tab.
- Escrow Freeze: The Patron must simultaneously email
support@otterkin.artwith the subject line "Damaged Transit: [Commission ID]". Otterkin will immediately freeze the final 50% escrow payout. - Resolution: The final escrow payment will remain frozen until the Artist's insurance claim is resolved, and the two parties agree in the Correspondence tab on a path forward (e.g., the Artist remakes the piece, pays for local restoration, or Otterkin issues a partial/full refund from the escrowed funds).