Digital Art by Lara Zimmermann
General Terms and Conditions
Content:
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General
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Addition:
- Private Commissions
- Onlineshop
General
1. Area of application
These General Terms and Conditions ("GTC") apply to the business of Zila Illustration. The owner/artist, Lara Zimmermann, owns and operates the platform www.zilaillustration.wixsite.com/website and provides paid and unpaid services in connection with commissions (B2B & B2C). Furthermore, the owner sells products in the form of e.g. prints, stickers and buttons. These terms and conditions apply to the above-mentioned areas as well as the other services that the artist provides directly and indirectly to the customer.
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2. Contract conclusion
The contract is concluded by the acceptance of the offer of the artist, concerning the purchase of services or products or licenses by the customer. Furthermore, the contract is concluded when the customer uses the services offered by the artist or purchases or uses products of the company (license).
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3. Prices
Unless otherwise quoted, all prices are in Swiss Francs (CHF) or EURO (€). including value added tax (MMST). Prices are exclusive of any other applicable taxes. All product prices in the online store are total prices plus shipping costs. The artist reserves the right to change prices at any time. The prices valid at the time of the conclusion of the contract on the website www.zilaillustration.wixsite.com/website or according to the individual offer of the customer are valid. For the customer, the prices valid at the time of the conclusion of the contract apply.
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4. Payment
4.1 For private customers, the following payment options are available for commissions and the online store:
Prepayment (bank transfer), Paypal and Twint.
However, the latter two options may incur a percentage fee. For advance payment orders, a payment deadline of one week from receipt of the contract confirmation applies. The artist will hold the requested goods for the customer for the duration of the payment period. The artist reserves the right to withdraw from the contract and to sell the goods elsewhere if the payment has not been effected in due time.
4.2 The business customer is obliged to pay the invoiced amount within 30 days from the invoice date.
If the invoice is not paid within the aforementioned payment period, the customer will be warned. If the customer does not pay the invoice within the set reminder period, he is automatically in default. From the time of default, the customer owes interest on arrears in the amount of 5%.
The artist reserves the right to demand advance payment at any time without giving reasons. Offsetting of the invoiced amount with a possible claim of the customer against the artist is not allowed. The Artist has the right to refuse the provision of services, the delivery of the product or the granting of the license in case of default of payment.
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5. Artist duties
Unless otherwise agreed, the artist fulfills its obligation by providing the agreed service. The service includes the services that are or were published online at the time of the conclusion of the contract.
A large part of the services of the owner are provided online.
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6. License
6.1. Usage
The artist grants the customer the right to use the documents of the corresponding contract. These rights of use are non-exclusive, non-transferable and limited to use by the customer. The individual documents serve as templates and may only be used by the customer as templates and for his own purposes. Any transfer to third parties and any other use, commercial or otherwise, is prohibited.
6.2. Formatting
If the documents are created in a format that restricts the rights of use of the customer, this corresponds to the will of the artist and a reformatting is not permitted.
6.3. Time limit
The content is available to the customer for the agreed duration. After the expiration of this period, the customer is no longer entitled to the content of the contract.
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7. Duties of the customer
The customer is obliged to exercise the rights of use only to the extent granted. The customer is fully responsible for the safekeeping of his access data and passwords. The customer is responsible for the content of the recorded data and information. The customer is obliged to immediately take all precautions which are necessary for the provision of the service by the artist. The customer has to make the arrangements at the agreed place at the agreed time and to the agreed extent. Depending on the circumstances, this includes the provision of appropriate information and documentation to the owner. By accepting these GTC, the customer also confirms that he/she has unlimited capacity to act and is of legal age. By registering, the customer expressly declares that all information provided is true, up-to-date and in compliance with the rights of third parties, morality and the law.
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8. Resignation
8.1. Services
Both parties have the right to withdraw from the contract at any time. The withdrawing party shall fully compensate the other party for the expenses already incurred. Withdrawal at inopportune times is not permitted. The customer will be charged for the costs caused by the withdrawal. The exact amount will be communicated to the customer upon conclusion of the contract.
8.2. Products
An exchange of products is excluded in principle.
8.3. License
The customer receives from the artist the right to use the documents of the contract for the agreed duration. A withdrawal after completion of the order, but before use is possible free of charge. A withdrawal after use is no longer possible and the agreed fee is owed for the contractual duration.
8.4. Upgrade
Upgrading from a smaller to a larger package is possible at any time. However, the downgrade is excluded. If the customer has chosen a larger package and does not receive all services, he is not entitled to a refund.
8.5. Reservation of ownership
The ownership of the products remains with the artist until full payment of the purchase price. Until then, the customer may not dispose of the products, in particular neither sell nor rent or pledge.
8.6. Warranty
The artist strives for a good availability of www.zilaillustration.wixsite.com/website and takes reasonable precautions to protect www.zilaillustration.wixsite.com/website from third party interference.
8.7. Intellectual property rights
All rights to the products and services are the property of the artist.
In addition, any further use, publication and making available of information, images, texts or anything else that the customer receives in connection with these provisions is prohibited, unless it is explicitly approved by the owner.
If the customer uses contents, texts or pictorial material in connection with the artist to which third parties have a property right, the customer has to ensure that no property rights of third parties are violated.
8.8. Privacy
The artist may process and use the data recorded in the context of the conclusion of the contract to fulfill the obligations arising from the contract. The artist takes the measures which are necessary for the protection of the data according to the legal regulations. The customer agrees to the storage and contractual use of his data by the Artist in full and is aware that the Artist is obliged and entitled to disclose information from the customer to these or third parties by order of courts or authorities. If the customer has not expressly forbidden it, the artist may use the data for marketing purposes as well as for advertising purposes to your partners. The data necessary for the performance of services may also be disclosed to commissioned service partners or other third parties.
Furthermore, the data protection provisions apply.
8.9. Modifications
These Terms and Conditions may be amended by the Artist at any time. The new version comes into force through publication on the website of the owner. For the customer, in principle, the version of the terms of service which is in force at the time of the conclusion of the contract.
Unless the customer has agreed to a newer version of the terms of service.
8.10. Priority
These terms of service take precedence over all older provisions and contracts. Only provisions from individual contracts which still specify the provisions of these terms of service take precedence over these terms of service.
8.11. Severability clause
Should any provision of this contract or any supplement thereto be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same shall apply to any loopholes in the contract.
8.12. Confidentiality
Both parties undertake to treat all information submitted or acquired in connection with the services as confidential. This obligation remains in force even after the termination of the contract.
8.13. Force majeure
If the timely performance by the Artist is made impossible as a result of force majeure, such as natural disasters, wars, sabotage or illness, the Artist shall be released from the performance of the affected obligations for the duration of the force majeure as well as a reasonable start-up period after its end. If the force majeure lasts longer than 30 days, the owner can withdraw from the contract. The Artist shall refund to the Client in full any remuneration already paid.
Any further claims, especially claims for damages due to vis major are excluded.
8.14. Applicable Law / Jurisdiction
These terms of service are subject to Swiss law. Insofar as no mandatory legal provisions prevail, the court is responsible.
Addition:
Private Commissions
1. General​
Prices are subject to change depending on demand. The artist reserves the right to refuse request for personal reasons.
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2. Process and delivery
The time it takes to complete a job varies from 1 to 3 weeks depending on factors such as health, complexity of the job, other work and conventions. Once the work is complete, the client* will receive the full resolution image via email. Delivery time for physical products can be found in the additional info provided on the Commission page.
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3. Revision
Three requests for changes to the commissioned work are included in the price. If anything is to be changed on the final drawing, a fee will be charged - unless there is a misunderstanding on the part of the artist. If a change is to be made to a drawing that has already been approved, a fee will be charged. The amount of the surcharge will depend on the change requested. If references are unclear from the beginning, changes will be charged extra.
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4. Copyright and usage
4.1. The artist, Lara Zimmermann,
- reserves the right to cancel and refund the order at any time for any reason.
- retains all copyrights to the commissioned artwork.
- makes NO claim to the intellectual property of the commissioned artwork.
- will NOT continue to profit from the commissioned artwork unless the client breaks one of the conditions.
- reserves the right to publish the commissioned artwork online, in its portfolio, and in publications such as art books.
4.2. The customer:
- can upload the commissioned artwork on any website and social channels.
- may NOT make a profit on the commissioned work (resale, redistribution, uploading to POD services, making prints, etc.)
- may NOT alter the commissioned artwork without the artist's consent.
- retains the rights to the intellectual property.
- may NOT use the commissioned artwork for commercial purposes.
4.3. The following is considered copyright infringement:
- Reproduction/use of the copyrighted work for commercial purposes, i.e. making money in any way not excluded by these terms and conditions.
- Claiming the artwork as your own.
- Changing the artwork without the consent of the artist
It is possible to acquire the commercial rights to an image.
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5. Cancellation and refund
Once work on the order has commenced, the right to a refund will cease.
If for any reason work cannot be started on an order, the amount will be refunded in full. If a cancellation of an order is made before it has been started, the amount will also be refunded in full. In the case of a refund, a PayPal chargeback is NOT necessary. The money will be transferred directly. If a PayPal chargeback is requested at a time when the commission has already begun, all said rights to the commissioned work will lapse and the artist will be given full rights to continue to profit from the commission in any way. The chargeback will be denied and PayPal will receive as evidence all written exchanges in which the commission is written about. In addition, these clients will be blacklisted and banned from receiving new orders.
Onlineshop
1. Offer of goods and conclusion of contract
The provider offers the items displayed in the online store of the site www.zilaillustration.wixsite.com/website/shop for sale. The color representation of the items on the website may vary slightly depending on the Internet browser used and the customer's monitor settings; these deviations are technically never completely avoidable. The selection of goods, the conclusion of the contract and the processing of the contract shall be carried out in German or English at the customer's discretion.
For the goods presented in the store, the provider makes a binding offer to purchase. By sending the order request via the button "buy", the customer accepts the purchase offer. The artist confirms the conclusion of the contract by e-mail (contract confirmation). The artist sends the customer after conclusion of the contract the content of the concluded contract (contract text) by e-mail. At the same time, the artist saves the contract text in his electronic data processing. It is the responsibility of the customer to keep the e-mail with the contract text in his own interest.
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2. Shipping and delivery times
Information on shipping costs and delivery time can be found in the additional information provided for this purpose in the online store. An indication in days refers to the time span from the payment by the customer to the delivery of the shipment.
Several products ordered at the same time will be delivered in a joint shipment; the delivery time of the product with the longest delivery time applies to the joint shipment. If the customer wishes to receive a specific product with a shorter delivery time in advance, he must order this product separately.
If a delivery fails because the customer has provided the delivery address incorrectly or incompletely, a new delivery attempt will only be made if the customer bears the direct costs of the new shipment. These costs correspond to the shipping costs agreed upon when the contract was concluded. The above paragraphs do not apply to digital content provided by e-mail or for download.
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3. Digital content
A product that the artist provides as Digital Content via e-mail or download will not be sent by post.
If the customer as a consumer expressly requests that the contract be executed before the expiry of the withdrawal period and confirms that his right of withdrawal thereby expires, the provider shall make the Digital Content available immediately after payment. Otherwise, the Artist shall not make the Digital Content available to a consumer until after the expiration of the withdrawal period. The receipt of Digital Content requires that the customer has an Internet connection. The Provider points out that the Customer's network operator may charge fees for data reception over which the Provider has no control.
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