1. Scope
1.1. The terms "Ida Llolluni" and "I", "me", "my" are used to refer to the artist and operator of this website.
1.2. The client commissioning an artwork and the purchaser of the artwork are referred to as "client" or "buyer".
1.3. The artwork to be created at the client's request is referred to as "artwork" or "commissioned work".
1.4. The following General Terms and Conditions (GTC) apply to all commissioned works by Ida Llolluni.

2. Conclusion of Contract and Portrait Offers
2.1. A contract can only be concluded if:
• the client contacts me regarding the creation of an artwork,
• I then submit an offer to the client,
• the client confirms acceptance of the offer,
• a deposit of 50% of the agreed price for the commissioned artwork has been paid.

2.2. If the client fails to pay a deposit of 50% of the agreed price to Ida Llolluni, no contract is concluded, and Ida Llolluni is not obliged to perform the originally agreed service.
2.3. The depiction of possible drawing styles on the website www.iliphany.com is based on photographs of artworks. The representation of colors and tones in photographs may vary depending on the screen and may not match the actual appearance of the artworks; therefore, it is not guaranteed that the artworks and photographs of the said artworks are color-identical.

3. Image Rights of the Reference Pictures
3.1. Reference pictures on which the portrait paintings and drawings are based are provided by the client.
3.2. By accepting these GTC at the conclusion of the contract, the client confirms that the photograph sent as a template for the creation of the portrait drawing is free of third-party rights. Should third-party rights nevertheless be infringed by the sent photographs, the client shall indemnify Ida Llolluni from all claims of said third parties.

4. Copyright
4.1. All rights to the artworks and motifs created by Ida Llolluni remain solely with Ida Llolluni.
4.2. The artwork may not be duplicated, manipulated, or resold by the buyer.
4.3. The artwork may not be used by the buyer for commercial purposes.

5. Publication of the Drawing
5.1. The commissioned artwork may be presented on Ida Llolluni's website (www.iliphany.com) as well as in all print and electronic media (including social networks).
5.2. If the client does not agree to this, they must notify me in text form before the creation of the artwork.

6. Prices
6.1. The prices presented on www.iliphany.com are subject to change and can be modified at any time. They serve as a guideline only. The actual price may vary depending on the workload and order (e.g., art medium, size, background).
6.2. The prices do not include VAT in accordance with §19 1 UStG (german tax law).
6.3. The price stated in the offer is valid for 14 days from the day the offer is sent. Price changes may occur thereafter.

7. Payment
7.1. The amount to be paid is divided into two payments: a 50% deposit before the creation of the artwork and a 50% balance after the creation of the artwork.
7.2. The balance is due after:
• the buyer is contacted upon completion of the artwork,
• the buyer receives photos of the completed artwork and has the opportunity to communicate reasonable suggestions for improvements,
• the buyer confirms the final result.

7.3. Payment is made by bank transfer or PayPal.
7.4. Bank details for the transfer can be found on the respective order invoice.


8. Shipping and Delivery
8.1. The artwork will only be shipped once payment has been received in full.
8.2. Delivery is only made within Germany and the European Union via DHL or Deutsche Post.
8.3. The delivery time after completion of the artwork is usually 4 days within Germany, up to 10 days within the EU. If delivery is delayed, you will be notified by email.
8.4. If possible, orders will be shipped with a tracking number. You can track the delivery status with this number at the respective shipping service provider.
8.5. A one-time delivery within Germany and the European Union is usually free of shipping costs. If shipping costs are incurred due to special orders (e.g., ordering a particularly large artwork), the buyer will be informed before the creation of the artwork.
8.6. If delivery fails after handing over to the shipping service provider, Ida Llolluni is not liable for the failure of delivery of the artwork and its consequences.
8.7. In the event of loss during shipping, this must be confirmed in writing by the postal or parcel service. Subsequently, I will refund the full purchase price to the buyer.
8.8. If the artwork cannot be delivered due to the recipient's absence and is returned to me, the buyer will bear the shipping costs for a reshipment of the artwork.


9. Retention of Title
The delivered goods (reserved goods) remain the property of the seller until full payment of all claims from this contract has been received.


10. Right of Return and Corrections for Commissioned Works
10.1. Returns are excluded.
10.2. Ida Llolluni grants the client the right to request corrections within 7 days after receiving the drawing.
10.3. Correction requests must be within a reasonable scope.
10.4. In the event of a correction, the client bears the shipping costs for both ways.


11. Right of Withdrawal
There is no right of withdrawal for goods that are made to customer specifications. These are unique items created specifically according to the client's request.


12. Warranty
12.1. Deviations in the shades of the artwork compared to the photo reference do not constitute a warranty claim.
12.2. Buyers receive photos of the completed artwork. Due to various screens, device settings, and lighting conditions, slight color deviations compared to the original artwork may occur. It cannot be guaranteed that the artwork and the photograph of the artwork are color-identical.
12.3. The paper used for artworks is manually cut. Deviations in the size of the artwork in relation to the specified format within a tolerance of +/- 5mm per side do not constitute a warranty claim.
12.4. Due to the properties of a hand-painted artwork, slight fading over the years cannot be excluded. Ida Llolluni provides a care instructions leaflet. If these steps are not followed and damage to the artwork occurs as a result, this does not constitute a warranty claim.
12.5. Obvious defects must be reported in writing without delay. Defects that occur later must be reported in writing immediately after they become known.


13. Dispute Resolution
The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes regarding contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.


14. Contract Law
The law of the Federal Republic of Germany applies. The place of jurisdiction is the provider's place of business.


15. Final Provisions
Should any provision of these GTC be or become invalid, the validity of all other provisions remains unaffected. In the event of the invalidity of a provision, an amicable agreement will be sought between the provider and the buyer with the aim of fulfilling the contract.

General Terms and Conditions for Art Commissions

Last update: 26th of June 2024