General Provisions
Placing an order with the Roxana Hypta studio (hereinafter referred to as the Artist) is equivalent to accepting these Terms. Please read them carefully.
Formal Status: The Artist's studio operates as an unregistered business (according to Article 5, paragraph 1 of the Entrepreneurs' Law).
Prices: All prices provided are final (gross). The Artist is not a VAT payer.
Documentation: Upon the Client's request, a named proof of sale/invoice will be issued.
2. Payments and Booking Process
2.1. Orders for Portraits/Paintings: Require a non-refundable deposit of 50% of the portrait's value to secure materials and reserve a spot in the Artist's calendar.
2.2. Payment Deadline:
Deposit: Payable on the day the order is placed.
Final Payment: The remaining 50% is payable upon completion of the work and after final acceptance of the finished piece (based on the submitted photo), before shipping or personal pickup.
2.3. Payment Methods: Payments are accepted via bank transfer.
3. Order Cancellations and Returns
3.1. Custom Works (Portraits/Oil Paintings):
Due to the personalized nature and unique execution, custom oil paintings and drawings are non-returnable and non-exchangeable.
In case of Client's withdrawal after the deposit payment, the deposit is non-refundable and remains with the Artist as compensation for incurred costs and lost working time (Article 394 of the Civil Code).
3.2. Ready Works:
Ready works (not commissioned), such as drawings from stock or other finished pieces, can be returned within 14 days from the delivery date, provided they are in **original condition and packaging.**
**The cost of return shipping is borne by the Client.**
4. Copyright (Intellectual Property)
4.1. Ownership of the Work: All artworks and images, photographs, and graphic elements on the website are the exclusive property of the Artist and are protected by copyright law.
4.2. Right to Publication: The Artist retains property and personal copyright to the work. She has the right to publish photos of portraits (including images of people/animals) in her portfolio, on her website, and on social media for promotional purposes, unless the Client explicitly requests full anonymity at the time of ordering.
4.3. Prohibition of Use: The Client acquires only the physical ownership of the work. They may not copy, reproduce, or use the work for commercial purposes without the Artist's written consent.
5. Shipping and Pickup
5.1. Method: All orders are shipped by courier with tracking and insurance.
5.2. Costs:
Custom Oil Paintings (Standard): Shipping within Poland is FREE (for sizes up to 70x90 cm).
Drawings/Ready Works: A fixed logistics fee within Poland is 25 PLN.
Personal Pickup: Free personal pickup is possible in Wrocław, by prior appointment.
5.3. Liability: The Artist is not responsible for delays caused by customs inspections or incorrect address information.
5.4. Damages: In case of damage to the work during transport, the Client must contact the Artist within 3 days of delivery, including photos of the damage and packaging, to file a courier complaint.
§ 6. Order Process and Reservation of Date
6.1. Inquiry: The Client submits an inquiry regarding the order, providing the format, technique, number of people, and attaching reference photo(s).
6.2. Quotation: The Artist provides an individual quotation and informs the Client of the estimated completion time (which may range from 2 to 6 months, due to the oil technique).
6.3. Reservation of Date: Confirmation of the order and reservation of the date is the payment of a deposit of 50% of the portrait's value to the Artist's bank account.
6.4. Acceptance: Payment of the deposit is equivalent to accepting these Order Terms.
§ 8. Rules for Revisions and Acceptance
The price of the portrait includes one round of minor revisions at the stage of final acceptance of the painting (e.g., color correction, light and shadow adjustments).
Revisions exceeding this scope, requiring a significant amount of work, or changes in concept after the sketch has been accepted, may result in an additional fee.
9. Responsibility for Maintenance.
1. The Artist guarantees that the work (painting, drawing) is made from durable, high-quality materials and is properly secured for shipping.
2. The responsibility for the maintenance and storage conditions of the artwork passes to the client at the moment of its pickup (or delivery by courier).
2. Odpowiedzialność za konserwację i warunki przechowywania dzieła sztuki przechodzi na klienta w momencie jego odbioru (lub dostawy przez kuriera).
The artist is not liable for damage to the artwork resulting from improper storage, display in unfavorable conditions, such as excessive humidity, direct intense sunlight, or high temperature fluctuations, nor for damages caused by third parties.
Warranty: the artist excludes her liability under warranty for physical defects of the artworks for clients who are not consumers (this applies to potential clients purchasing on behalf of a company or as an institution). In relation to consumers, the artist is liable under the terms specified in the Civil Code.
Force majeure (delays)
The artist is not responsible for delays in the execution of orders resulting from independent causes (e.g., sudden illness, weather conditions affecting the drying of paints, delays in the delivery of artistic materials). The artist commits to promptly inform the client of any such delay.
Privacy Policy (GDPR)
Data Controller: The controller of your personal data is the artist: Roxana Hypta.
Purpose: Data is processed solely for the purpose of fulfilling the order, shipping, sales documentation, and (with your consent) for marketing purposes. (Legal basis: Art. 6(1)(b) GDPR).
Sharing: Data is shared only with entities necessary to fulfill the contract (e.g., courier companies, for accounting purposes for annual settlement).
Rights: You have the right to access, rectify, delete, or restrict the processing of your data.
Final Provisions
The artist reserves the right to update and change these Terms at any time. Changes will be published on the website.
all rights reserved 2025 Roxana Hypta