1. GENERAL PROVISIONS
1.1. These Terms are identical to the Products (Services) Buying-Selling Contract and have legal force. These Terms together with Customer's Purchase Order (information, Customer fill in a Purchase Order Form) constitute the Contract between the Executor and the Customer for the supply of Products and Services. The Contract cannot be varied unless the Executor agree to vary it in writing or by email. The Customer agrees with these Terms, when he sends the Purchase Order Form and from this moment the Contract between the Executor and the Customer comes into force.
1.2. Customer - a person (or a company), who fill in the Purchase Order Form.
1.3. Payer - a person (or a company), who makes a payment.
1.4. Executor (also can be named a Seller or a Service Provider) - a person, who receives payment, executes the order, provide services, sell products / services. (Delivery / shipping company and the owner of the premises shall not be considered Executives, they are the Third Person).
1.5. Site Owner - a person (or a company), who controls the site ijkgallery.com.
1.6. Author - a person (or a company), who owns the copyright to the object (product, service, intellectual property). Depending on the object, the Author can be Executor and/or Site Owner and/or the Third Person.
2. PLACING THE ORDER
2.1. The Customer places an order by filling the Purchase Order Form on website www.ijkgallery.com and, if it is needed, sending additional material (photos etc.) via email. The Customer agrees to these Terms, when he sends the Purchase Order Form. The Customer undertakes to provide correct information and learn the Terms.
2.2. All the material, requiring to execute the order, must be presented accurately, without mistakes, the proper format, anddelivered via email on the day of order, unless otherwise agreed.
2.2.1. Texts should be written in a specific language characters (e.g. in Lithuanian texts must be Lithuanian letters, in Russian texts must be used the Cyrillic alphabet). In the personalization of cards/invitations, guest lists must be presented separately, numbered, in a regular singular case. If the text is slightly different to each other (e.g. to change a few words in the plural to the singular), and these changes are small, they can be specified in parentheses after names of guests.
2.2.2. Pictures, photos and other visual information must be presented in standard formats (JPG, PNG, JPEG, GIF).
2.3. After receiving the Purchase Order Form, the Executor sends by email the Order Information with payment details. If necessary, the Executor contacts the Customer to clarify order details.
2.4. The Executor answers on requests as soon as possible, but not in all cases order can be accepted / rejected immediately. If during the day you have not received a response, it may be that the order form were not filled in all the fields or email address is incorrect, and we have not received your request. In this case, you can contact us via email or fill in the order form again.
2.5. In the case, when an order has been submitted in any other way than filling the order form on website, the Customer, when he makes payment, confirms that he has read these Terms and agree to them.
3. ORDER CONFIRMATION
3.1. The Order is confirmed, when the Executor sends for the Customer a letter via email with the Order Information, which indicates an order status "Accepted".
3.2. Products will be manufactured and supplied and Services provided after the Executor receives the payment. When the Executor receives the payment, he sent for the Customer the email letter with order status "Paid, in process".
4. PAYMENT FOR PRODUCTS/SERVICES
4.1. The price for the Products/Services will be the price indicated in the Order Information. Delivery costs, are payable by the Customer as indicated in the Order Information.
4.2. The Customer/Payer may pay for the Products/Services by a method of payment: Bank Transfer (Wire Transfer), in currency EUR (€).
4.2.1. The Customer must pay all additional fees for his bank, related with payment.
4.2.2. The Customer must pay customs fees, taxes, duty, etc. in his country, in the manner established under laws of his country.
4.2.3. The Customer must inform in the Purchase Order form, if he would prefer to make a payment from a country bank, which is not in the European economic zone, because there is an additional order administration fee, which will be included. The Executor can also propose to choose alternative method of payment, using Paypal.
4.3. The Customer/Payer must pay in the currency as indicated on the Order Information.
4.4. The Customer/Payer must make a payment in one working day.
4.5. Products will be manufactured and supplied and Services provided after the Executor receives the payment.
4.6. If the Customer and the Payer are different persons, the Invoice (about received) payment will include a name of the Payer.
4.7. The Executor (and/or the Payment Recipient) can be a person, who administers an individual business activity, registered in Lithuanian State Tax Inspectorate. Information about the Executor (and/or the Payment Recipient) is indicated on the Invoice.
5. ORDER EXECUTION
5.1. A dialog between the Executor and the Customer is supported via e-mail, so it is important that the Customer periodically check email and promptly reply on the letters (particularly in cases where the order is urgent and / or requires a more detailed discussion).
5.2. The Executor follows the Purchase Order Form information, which can be specify via email.
5.3. If the Customer does not provide specific wishes or make it too late, the Executor has the right to make his own decision about products specification. If the Customer is late with the required information and / or materials, the Executor has the right to suspend the performance and extend production time.
5.4. If, when accepting order, or later, the Executor observes the details, which, in his view, may seem inappropriate (for example, spelling and stylistic mistakes etc.), and replacement of this details does not change products fundamentally, he can make the changes without informing the Customer.
5.5. The Executor does not change/correct details of the face and body parts in portraits. If the Customer wishes necessarily to change/correct this type of details, the claims of the drawn portrait similarity to the photo will not be accepted. When the Executor requests a change hair style or body part, the Executor follows the imagination, and his imagination can not the similiar to the Customer's perceptions about how the portrait should look like.
5.6. The Executor sends texts layouts etc. for acceptance. The Customer must check it in 1 business day (unless otherwise agreed) and send comments. The Executor has the right to perform the work without the Customer acceptance, when the order is urgent or if layout is done according to the model in the photo on the website.
5.7. When ordering portraits or other pictures, the Executor can send digitally performed offers (drafts, sketches, collages etc.).
5.8. The Executor does not send photos of pictures, he draws/paints. Pictures are not visible adequately on photos (some details looks brighter or featureless, colors and tones are not the same, etc.) and it is impossible to convey the full subtlety and a real view.
5.9. On the website it can be displayed photos of a concrete product, which are on stock, or photos of products category samples, which can be maded on orders. Handmade items may vary from one another, the identical repetition/copy is not possible (this is especially in drawing, painting and sculpture work). If the Customer's interests are only to purchase that specific product exhibited, rather than the product produced by the exhibited model sample, the Customer must notify about it.
5.10. The Customer sees not the final product view on the website, but just a view of photo of the product or product categories samples placed in the digital disk. Real product view may vary.
5.11. In photos colors of Products may differ from the actual Products shades for a variety of reasons, such as lighting, cameras features, different computers monitors features, image resolution differences, etc. If it is important for you to get a Product only to a certain, specific color, please, hand it over personally or sent via registered mail the specific example of shade not at the digital medium.
6.1. Production Time maens the date (inclusive), when products are produced. Products are produced by the end of the working day, unless otherwise agreed. Products are transfered to a delivery/shipment company (post office, etc.) at the day of production.
6.2. The Customer can specify his desired production time. The Customer indicates production time (date) in the Purchase Order Form. If it impossible to perform the order up to this date, The Executor corrects the date and sends it in the Invoice. The Customer accepts corrected date, when he makes a payment by the Invoice.
6.3. Preliminary production time which is displayed on the website is just a general guidance, but exact production date is fixed for every specific order and depends on order details.
6.4. If the Executor do not receive payment in cleared funds by the date indicated on the Invoice or the Customer fill in the incorrect address, or changed details of the order after payment, or is late to deliver all the material, requiring to execute the order, then Production Time may be extended.
6.5. If the Executor changes the order details and delivery method in workflow, Production Time may be extended.
6.6. If the Customer is late with the required information and/or materials, the Executor has the right to suspend the order execution and extend Production Time so many working days as many calendar days of delays.
6.7. Delivery time is the time from the batch for the company, responsible for the delivery up to delivery to the Customer/Recipient. This term determines the company responsible for the delivery. The Executor does not control this delivery time and is not responsible for it.
7. PRODUCTS SHIPMENT / DELIVERY
7.1. Delivery costs are payable by the Customr as indicated on the Invoice.
7.2. Orders are accepted and products will be delivered to any country all over the world.
7.3. Products may be delivered by Post (registered mail) or Courier mail.
7.4. Products are transfered to a delivery/shipment company (post office, etc.) at the day of production (Production Time).
7.5. If Customer provides an inaccurate or incomplete address or changes delivery method, Products are sent in 5 working days from the details changes, when Products have already made.
7.6. When the Products was sent, the Customer will get the parcel tracking code, provided by the delivery company. According to the tracking code (number), he can get all parcel information in the delivery company (Information about parcels it is usually available to check on the Post Office or other deliver company website).
7.7. If it is necessary, the Executor will send for the Customer a copie of delivery voucher and the Customer can apply claims with this copie of voucher to the delivery company.
7.8. The Executor is not responsible for the delivery quality and he do not compensate expenses incurred as a result of delivery service fault.
7.9. The Customer undertakes to take parcels in postal regulations specified storage terms. If the Customer does not take parcels timely and it was returned to the Executor, the Customer must pay all the costs involved by the postal rates.
7.10. Products are sent securely packaged. If the Customer noticed the packaging violations, complaints should provide to the company delivered the parcel. Executor is not responsible for the delivery quality.
7.10.1. The Customer must inform in the Purchase Order Form, if he would like the parcel will be sent as evaluated. There is an additional fee in the delivery companies for evaluated parcels. The Executor will include this fee to the Invoice.
7.11. The customer must check the content of the parcels, when he is taking it in the place and at the time of delivery, to be able to get an independent person (the post officer) approval of the parcels content/status in case of a problem. If the Customer/Recipient notices deficiencies of Products, he undertakes to inform the Executor by sending a letter via registered post the day of delivery. Later claims will not be accepted. Claims that were sent later than the date of delivery and/or wihout the post officer approval (name, date, signature and stamp) will not be analyzed.
8. PRODUCTS PICKING UP
8.1. If it is possible to pick up Products in the Executor's office, you can see the information about it in the website section "Contacts".
8.2. A place of picking up and time may not coincide with the address and working hours indicated on the website.
8.3. Exact details of the picking up is sent via e-mail, when the order is made.
8.4. Due picking up Customer should discuss in advance, placing the order or later, but not later than one working day prior to picking up.
8.5. When the Customer (or other person) picks up the Products, he must check in the place and sign in picking up documents. If the Customer notices the deficiencies of Products, the Customer undertakes to inform the Executor about it written in the place. Later claims will not be accepted.
8.6. The Customer undertakes to pick up the Products in 5 working days from the Production Date.
9. ORDER CANCELLATION AND PRODUCTS RETURNS
9.1. The Customer may cancel the order in 14 calendar days from placing the order, without giving any reason, and without incurring any costs, other than delivery costs, as indicated in the Civil Code of the Republic of Lithuania.
9.2. The Customer can not cancel the order in these cases:
9.2.1. for services orders, when services have been already provided;
9.2.2. for special services orders, when products are made according to the Customer's orders, which are not pre-fabricated and which are manufactured according to the Customer's personal preferences or order, or for items that are made for to the Vustomer's own personal use;
9.2.3. for orders relating to the provision of digital content, where digital content delivery has been launched from the customer prior express consent.
9.3. Order cancellation period expires after fourteen days:
9.3.1. when the order is for services - from the date of placing the order;
9.3.2. when the order is for pre-manufactured goods from exposure - from the date of the Customer or the Customer's person, other than the carrier, receives the goods or:
a) the Customer has ordered in one order more than one item and the goods are delivered separately, - from the date of the Customer or the Customer's person, other than the carrier, receives the final product;
b) if the goods are delivered in multiple lots or pieces, - from the date of the Customer or the Customer's person, other than the carrier, the last lot or part;
c) if the order for regular delivery of goods within a specified period of time - from the date of the Customer or the Customer's person, other than the carrier, receives the first good.
9.4.The Customer may cancel the order via e-mail before the expiry of the withdrawal period. After sending the letter, the Customer must immediately inform the Executor about it via SMS.
9.5. The Executor returns money in 14 calendar days from the date of order cancellation to the Payer account (currency: EUR). The Costumer shall bear the direct cost of returning the products.
9.5.1. The Executor shall not be required to reimburse the supplementary costs, if the Customer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by the Executor.
9.5.2. The Executor does not return money to the Customer until the products are not returned to the Executor.
9.6. The Customer shall immediately, and not later than fourteen days after he cancelled the order, shall return the products to the Contractor, or any person authorized by him.
9.6.1. The Customer shall bear all the direct costs of products return.
9.6.2. The Customer is responsible for the decline in value of the goods resulting from the actions which are not of the nature, characteristics and functioning of the set.
9.7. The Customer who cancels the order, where the service was launched to provide him immediately before the expiry of the order cancellation deadline (as indicated in Terms), must pay for services provided up to the moment when the Customer informed the Executor about the cancellation of the order. The amount that the Customer shall pay to the Executor, shall be calculated in proportion to the services rendered in accordance with the contract provides total price.
9.8. The Executor may cancel the order for the objective reasons at any time. In this case, the Executor returns to the Payer account full payment.
9.9. Products are accepted back only if the Executor regained it unused, pristine, without losing their commercial appearance, in the original packaging, with receipts and return documents with the signature.
9.10. Polygraph products, and also good quality products made by an individual Customer's request is not exchangeable and non-refundable.
9.11. Returns application may be rejected if the Customer fails to comply with the terms referred in this website or takes incorrect and/or misleading information, when placing the order. If the request was rejected, the Executor informs the Customer in 5 working days, indicating the reason for rejection.
10. QUALITY STANDARDS
10.1. The Order made in accordance with the order form, Customer's preferences and approved Executors's proposed changes, as well as performed in the style and technique, which is shown in the examples of the website, is considered to be high quality.
10.2. Technique is considered to be high quality, if it is made as shown in the examples of the website.
10.3. All products are handmade, therefore they are exempt from the industrial / machine-automated manufacturing quality standards.
10.4. Products exhibited on the website can be sold directly as shown on photos or made by shown samples of products categories. Handmade products may differ from each other as identical replication is not possible (this is especially true in drawing, painting and sculpture works). If the client's interests are to purchase only for that specific exhibited product, rather than the product produced by the model is exhibited, the Customer must inform the Executor.
10.5. The Customer sees not the final product view on the website, but just a view of photo of the product or product categories samples placed in the digital disk. Real product view may vary.
10.6. Quality of painted and drawn pictures:
10.6.1. The essence of drawing, both color (chromatic), both black and white (achromatic), is to convey the image lines and shading (light & dark), but not the colors and shades (please, do not confuse drawing and painting), and colors may be different from the image or the reality surrounding shades.
10.6.2. Drawing realistic and the picture details level of similarity depends on the artist's drawing style, performance and technical skills, and the Customer does not have the right to claim one hundred percent similarity and realism. Drawing is considered high quality if it contains objects are recognizable by their characteristic features. (The drawing is not a photographic representation of reality, drawing is the artist's imagination and reality synthesis).
10.6.3. The technique is considered to be high quality, if a piece of art is made as shown in the website samples.
10.6.4. Drawing brightness and precision depends on the quality of a photo, which the picture is drawn from. If after enlarging the photo to the analogous size as drawing, it is blurry and the Executor can not exactly see eye-contour and other small details, drawing can also be blurred or if drawing it brighter, it can get less similar to the actual photo.
10.6.5. Drawing the small size, miniature portraits (where the face is a few inches long) it caan be reduced their quality, especially drawing with colored pencils.
10.6.6. If the Customer wishes to change the details of the face or body in a portrait, claims of similarity to the photo will not be accepted. When the Customer requests to change hair style or body parts, the artist is guided by imagination, and his imagination not coincide with the Customer's perceptions about how it should look.
10.7. The Executor is responsible only for quality of products, which is made by the Executor.
11. COPYRIGHT, AUTHORS' RIGHTS
11.1. All texts and graphical content available on the website www.ijkgallery.com is the property of the Author and is protected by Lithuanian and international copyright, authors' rights and database right laws. Anybody may not copy, modify, print, or otherwise reproduce, publish, distribute and use for commercial purposes without the Author express written consent.
11.2. Anybody may not copy, modify, print, or otherwise reproduce, publish and use for commercial purposes any products from the website ijkgallery.com without the Author express written consent, unless the Customer placing in the Purchase Order Form information that the product will be used for such purposes and the Executor accepted it. If there is no signed copyright agreement, all products are available for use only for private purposes required by Lithuanian legislation of copyright.
11.3. The Author and the Site Owner reserves the right to publish the photos of created products/services as work samples.
11.4. If the order is specific and the Customer wishes a photo of product/service would not be published or the publication would be temporarily stopped, it must notify the Executor in advance, and after he receive product and examine it, inform again in writing of such request, specifying an objective reason (it is necessary to attach a product photo). If the Contractor does not receive the request within 15 calendar days, it is assumed that the Cunsomer and/or the new Owner of the product does not deprecate the photo of product to be published. The Executor reply on all received requests in writing. If the sender has not received no reply, he should inform the Executor.
11.5. All rights reserved: Copyright © Irena Jadelo-Katarskė (2008-2017).
12.1. The Customer confirms that he has read these Terms on the website www.ijkgallery.com and agree with them, when he sends the Purchase Order Form.
12.2. When the Customer gives the copyright works to third parties, he undertakes to inform the people about the copyright, listed in Article 7 of these Terms.
12.3. The Customer, ordering products with third-party images, undertakes to inform the people about the copyright, listed in Article 7 of these Terms.
12.4.The Customer undertakes to check the parcels and the Products, when he is taking it in the place and at the time of delivery and if he found discrepancies, immediately inform about it the Executor in writing.
12.5. The Executor is not responsible for third parties, such as delivery company, service quality.
12.6. The Executor does not assume responsibility for the facilities and what concerns them, when the room is not the principal. The owner, giving the possibility to use the room temporarily, is responsible of the premises.
12.7. The Customer undertakes to check all materials and layouts, and if he found mistakes, immediately notify the Executor in writing. The Executor does not assume responsibility for Customer's emailed and/or approved material remaining mistakes.
12.8. The website owner does not take responsibility for third parties websites, that links can be stored, content.
12.9. Site owner has the right to change the contents of the website at any time without informing Customers.
12.10. Force majeure. Neither party shall be liable for any delay, defect or deficiency hereunder to the extent that such delay, defect or deficiency is caused by an event of force majeure which affects performance by hindering, delaying or making considerably more difficult the fulfilment of commitments of the party. Neither party will be liable for inadequate performance to the extent caused by a condition that was beyond the party's reasonable control.
12.11. The Customer sees not the final product view on the website, but just a view of photo of the product or product categories samples placed in the digital disk. Real product view may vary.
12.12. The relationships between the Parties are to be governed by the law of the Republic of Lithuania, unless the Parties agree otherwise, The disputes shall be settled in courts of the Republic of Lithuania in the manner established under laws of the Republic of Lithuania, unless the Parties agree otherwise.
12.13. The Executor will not be responsible for losses that were not caused by any breach on the Executors part, or any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or any indirect or consequential losses that were not foreseeable to both the Customer and the Executor when the contract for the sale of products by the Executor to the Customer was formed.
12.14. The Executor will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
12.15. The Customer undertakes to provide correct information about him. If the Customer provided misleading information, the Executor, after receiving a note about discrepancies from third parties (e.g. post office) may make decision discretionary (e.g. allow postal worker to correct Recipient address details, such as postal code, with no warranty, if it was not accepted by the postal system), by not responding for the consequences (e.g. being equal area name, zip code determines where the shipment will go, will it find a recipient, or will be awarded to another person, or to be repaid) or stop order fulfillment and give the customer a bill for additional costs (e.g. re-shipment to post office where mail shipment did not accept the package, etc.).
13.1. The Customer, placing an order, agrees that the website owner keep the data in accordance with the Terms of the website.
13.2. Data management - means actions upon personal data: collection, recording, storage, classification, clustering, connection, change (addition or correction), the use of logical and (or) arithmetic operations, searching, delition.
13.3. Customer's data are stored and used as products/services provision facts (e.g. delivery companies receipts, picking up documents, etc.), or permission to publish images (portraits) on the website. Puchase Order forms and buyer letters/messages stored for a limited period of time until the end of the periods provided in the Terms (Products picking up, returns etc.). E-mail addresses can be stored in the email (depending on the mail box provider settings).
13.4. Customer's data is confidential. The Executor may disclose Customer's information in Lihuanian Republic cases provided by law, and also in cases of a breach of copyright.
13.5. Neither the Website owner nor the Executor is not responsible for the cases where data has been stolen or obtained in any illegal way by third parties. They are also not responsible for the cases where a third parties use the data obtained in an unlawful manner.
13.6. Images on the website are not real views of people, but just views of photos of the drawing/painting pictures placed in the digital disk. Using photos of this type of pictures is defined in these Terms.