Terms of service

Welcome to the website of Ivana Križan Černáková!
These General Terms and Conditions constitute a legally binding agreement between you (hereinafter referred to as the Customer) and Ivana Križan Černáková, an artist registered under business number I23485691938 according to Austrian laws (hereinafter referred to as Ivana Križan Černáková, Della Mora Art, we, our, or us). The following terms apply to the website, products, and services offered by Ivana Križan Černáková. This includes mobile and tablet versions, as well as any other version of Ivana Križan Černáková available through desktop computers, mobile phones, tablets, social media, or other devices. Your use of the website and purchase of products (hereinafter referred to as "Products") from such websites constitutes acceptance of these general terms and conditions, as set forth below (hereinafter referred to as "Terms").
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING, OR OBTAINING ANY MATERIALS, INFORMATION, AND PRODUCTS.
These are the terms and conditions for: www.artikcdellamora.com (hereinafter referred to as "Ivana Križan Černáková/Della Mora ART").

This agreement, together with the Privacy Policy and Return Policy or any other legal notices published by Ivana Križan Černáková, constitutes the entire agreement between you and Ivana Križan Černáková regarding the use of the website.

You may only use the website and purchase products in accordance with these terms and all applicable local, state, national, and international laws, rules, and regulations. Access to the website and products is available to all age groups. It is the responsibility of parents and legal guardians to determine whether any content and products are suitable for their children or minors in their care. By using the website and purchasing products, you declare and warrant that you have the full right, power, and authority to enter into these terms and fully perform all your obligations under them. Furthermore, you declare and warrant that you are not under any legal incapacity or contractual restriction that would prevent you from entering into these terms. You declare and warrant that your use of the platform does not violate any applicable laws or regulations. Ivana Križan Černáková reserves the right to refuse to offer the website and products to any user and to change its eligibility criteria at any time. This provision is void where prohibited by law, and the right to access the service and platform is revoked in such jurisdictions.

  1. INTERPRETATION
  • Artwork means artwork created by Ivana Križan Černáková, which in these terms refers to original artworks and printed artworks.
  • Agreement means the agreement entered into by the Customer upon the applicability of these General Terms and Conditions for the purchase or other use of services.
  • Customer means the party placing an order for artworks from Ivana Križan Černáková or otherwise utilizing any of the services offered by Ivana Križan Černáková.
  • Intellectual Property Rights mean copyrights, rights to or related to databases, patent rights, artist rights, designs and (registered) trademarks, and other intellectual property rights.
  • Order means an order for artworks from Ivana Križan Černáková by the Customer following the step-by-step procedure set forth on the website.
  • Print means the printing of an original artwork created by Ivana Križan Černáková and sold to the Customer through the website.
  • Services mean the services offered by Ivana Križan Černáková, which relate to supporting the sale of artworks or providing digital products.
  • Website means our website at www.ikcartdellamora.com, where artworks and services are promoted.
  1. ACCOUNT
If you register with Ivana Križan Černáková, you will need to choose a password and may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information and fully responsible for all activities that occur under your password or account. You agree to immediately notify Ivana Križan Černáková of any unauthorized access to your password or account or any other breach of security. You must never use another user's account without prior permission from Ivana Križan Černáková. Ivana Križan Černáková is not liable for any loss or damage arising from your failure to comply with this agreement. By providing Ivana Križan Černáková with your email address and phone number, you consent to our use of your email to send you service and product-related notices, including those required by law. Your email address and phone number may also be used to send you notifications, alerts, and other messages, such as changes to service features, news, and special content. Users may cancel their accounts at any time and for any reason according to the instructions on the platform or by sending us their request through our contact information. Such termination will only result in the deletion of the account and the erasure of all personal data provided to Ivana Križan Černáková. Ivana Križan Černáková reserves the right to immediately terminate your account or access with or without prior notice to you and without liability to you if Ivana Križan Černáková believes that you have violated any of these terms, provided Ivana Križan Černáková with false or misleading information, or interfered with the use of the platform or service by others.

  1. PURCHASE ON THE WEBSITE

By placing an order, you are offering to purchase products at the price stated and marked on the website at the time of purchase or reservation. Please verify the correct sizes. Upon full payment, Ivana Križan Černáková will send an email confirming the payment and the corresponding invoice. All new orders are considered separate, and each is processed individually.

  1. OFFERED ARTWORK

The offered artworks will include an artistic description. If Ivana Križan Černáková uses images, they are a true representation of the artworks. Ivana Križan Černáková does not warrant or represent that the descriptions of artworks, colors, information, or any other content available on the website are accurate, current, or error-free. As each artwork is original, its appearance, weight, dimensions, etc., may vary. If you have concerns about color variations, please pay close attention to the descriptions and check the colors. For most products, a color variation that suits you is provided. Ivana Križan Černáková reserves the right to refuse to provide services or sell artworks to anyone at any time. Obvious errors or inaccuracies in the description or display of artworks do not bind Ivana Križan Černáková.
  1. PRICES
Ivana Križan Černáková reserves the right to determine the prices of products. Prices of products and shipping costs may change at any time in accordance with value. Any amounts displayed on the website, including for artworks, will be expressed in euros (€). Ivana Križan Černáková has the right to suspend its services until the customer has made all payments. Services will be reinstated once payment is made in full. Ivana Križan Černáková will make reasonable efforts to maintain current pricing information posted on the website. We recommend checking our website regularly for up-to-date pricing information. We always strive to ensure that prices on the website are accurate. However, errors in prices may occasionally occur, including, but not limited to, human errors, mechanical errors, or the like. If an error in pricing is discovered, the customer will be informed of this error. The user will be given the option to confirm the order at the correct price.
  1. PAYMENTS
Products will be paid for through payment platforms (available payment methods on the Ivana Križan Černáková website). In the case of digital products, the user will have full access to the digital products once the payment process is completed. Payment will be immediately deducted from your credit/debit card or PayPal account after you make the relevant payment for the product you purchased. Once the transaction is processed, we will send you an electronic transaction receipt to the email address you provide. In some cases, payments can be made by bank transfer and in installments. Bank transfer and installment payments are subject to verification and authorization by Ivana Križan Černáková. If you notice any discrepancies in your billing, please contact us through our contact information, or you can file a complaint through the customer service of the relevant payment platform. If your card is declined, you will receive an error message. No charges will be made to your card, and no order will be processed. There may be a temporary transaction on your account until your issuing bank cancels the authorization. This usually takes 2 to 5 business days. Your card may be declined for various reasons, such as insufficient funds, AVS (address verification system) mismatch, or entering the wrong security code. If your payment is declined, you must provide an alternative payment method or provide another card that can be charged and processed. Your payment details will be processed and secured with maximum security and solely for the purpose of processing the purchase of products. Ivana Križan Černáková reserves the right to contract with any available payment platform on the market that processes your data solely for the purpose of processing the purchase of products.
  1. LICENSE OF USE
Upon completion of the payment process through the website and upon receipt of the portraits (physical products) or access to digital products, Ivana Križan Černáková provides the buyer with a standard license for limited use, exclusively for personal purposes, excluding a commercial license for images and digital content. The right to use the images and works, authorized use of the images in various representations or graphic works, and commercial license can only be granted with the written consent of Ivana Križan Černáková, which may be granted or denied at the discretion of Ivana Križan Černáková. The customer may not transfer or sublicense the products to third parties without prior written consent from Ivana Križan Černáková. The buyer also may not modify, alter, or use the files to create derivative works or products, may not distribute, give away, or include images as part of a final product or work. Unauthorized use of images and videos or use of images and videos without the appropriate commercial licenses may constitute a violation of copyright law and lead to a claim, as provided in international copyright laws. Even if the customer purchases the work or digital product, ownership of all intellectual property rights to the work or digital product remains with Ivana Križan Černáková. The customer does not acquire rights to reproduce, replicate, or modify the work or digital products without written permission. The customer may not commercially exploit the work, except for its resale. The customer only gains the right to display the work in their home. The purchase of an original or printed work by the customer in no way restricts Ivana Križan Černáková from selling that specific work as a printed work to another customer. Any description or image of the customer's work inside their home or interior in any publication, including but not limited to social media, magazines, or books, must include attribution to Ivana Križan Černáková and the title of the work.

  1. PRODUCT DESCRIPTIONS

Ivana Križan Černáková strives to be as accurate as possible. However, Ivana Križan Černáková does not guarantee that the product descriptions, product prices, or other content of this website are accurate, complete, reliable, current, or error-free. Product descriptions and images may vary depending on the color resolution of the user's device screen. Each product is original, so works may vary.

  1. USER CONTENT (REVIEWS)

You retain all copyrights you may have to the content you post on the website. However, we need your consent to publish the content. Ivana Križan Černáková is not responsible for the accuracy, security, or legality of the content posted on the website. You are solely responsible for your content and the consequences of its publication. By providing user content on the website, you grant Ivana Križan Černáková a worldwide, non-exclusive, royalty-free, fully paid-up right and license to host, store, transmit, display, perform, reproduce, modify, display, and publish your content on the website.
  1. REPRESENTATIONS AND WARRANTIES FOR USER CONTENT
Ivana Križan Černáková disclaims any liability related to user content. You are solely responsible for your user content. By providing user content through the website, you confirm, represent, and warrant that:
  • You are the creator and owner of the user content or have the necessary licenses, rights, consents, and permissions to allow Ivana Križan Černáková to display your user content on the website.
  • Your user content does not infringe, violate, or misappropriate any third party's rights, including copyright, trade name, patent, trade secret, moral right, privacy right, publicity right, or any other intellectual or proprietary right.
  • Your user content does not defame, libel, or infringe upon the privacy, publicity, or other proprietary rights of any other person.
  • Your user content does not lead Ivana Križan Černáková to violate any law or regulation.
  • Your user content does not contain information or content about politics or religion.
  • Your user content cannot reasonably be considered inappropriate, derogatory, disrespectful, pornographic, harassing, threatening, embarrassing, hateful, or otherwise unsuitable by a reasonable person.
  • Your user content does not contain and will not contain hateful content, threats of physical harm, or harassment.
  1. USER CONTENT PROTECTION
Ivana Križan Černáková reserves the right to filter, remove, modify, or block any user content at any time and without notice that, in our sole discretion, violates these terms or is otherwise inappropriate. You acknowledge that by using the website, you will be exposed to user content from various sources and acknowledge that user content may be inaccurate. You agree that any legal or equitable rights or remedies you have or may have against Ivana Križan Černáková regarding user content. If a user or owner of content notifies us that user content allegedly does not comply with these terms, we may investigate the allegation and decide whether to remove the user content, which we reserve the right to do at any time and without notice. You acknowledge and agree that Ivana Križan Černáková reserves the right to monitor all information transmitted or received through the website for operational and other purposes. If at any time Ivana Križan Černáková decides to monitor content, Ivana Križan Černáková still assumes no responsibility or liability for the content or for any losses or damages resulting from the use of the content. During monitoring, information may be reviewed, recorded, copied, and used in accordance with our privacy policy.

  1. GENERAL COPYRIGHTS

All materials on the Ivana Križan Černáková website, including, without limitation, names, logos, trademarks, images, texts, columns, graphics, videos, photographs, illustrations, artwork, software, and other elements, are protected by copyright, trademarks, and/or other intellectual property rights owned and controlled by Ivana Križan Černáková-Della Mora ART or third parties who have provided or otherwise licensed their material to the website. You acknowledge and agree that all materials on the Ivana Križan Černáková website are available for limited, non-commercial, personal use only. Except as specifically provided herein, no material may be copied, reproduced, republished, sold, downloaded, transmitted, or distributed in any way, or otherwise used for any purpose by any person or entity without the prior written permission of Ivana Križan Černáková. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, bypass security features, or use the Ivana Križan Černáková website or any of its parts for any purpose other than its intended use is strictly prohibited. Please do not copy any content and present it as your own, as it would constitute copyright infringement.

  1. COPYRIGHT INFRINGEMENT CLAIMS

Ivana Križan Černáková will respond to all requests, complaints, and claims regarding alleged copyright infringement or non-compliance with the provisions contained in the law.
  1. PROHIBITED ACTIVITIES For all content except your own content, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information or services obtained from or through the website. Additionally, the following activities are prohibited:
  • Accessing, monitoring, reproducing, distributing, transmitting, broadcasting, displaying, selling, licensing, copying, or otherwise using any content of the website, including but not limited to using any robot, spider, or other automated means or any manual process for any purpose that is not in accordance with these terms.
  • Taking any action that, in our sole discretion, imposes or may impose an unreasonable or disproportionately large load on our infrastructure;
  • Deep linking to any portion of our website for any purpose without our express written permission;
  • "Framing," "mirroring," or otherwise incorporating any part of the services into any other website or service without our prior written consent;
  • Attempting to modify, translate, adapt, alter, decompile, decrypt, or reverse engineer any software used by Ivana Križan Černáková in connection with the website and services;
  • Circumventing, disabling, or otherwise interfering with security features of the services or features that prevent or restrict use or copying of any content.
              1. PROTECTION

              You agree to defend and indemnify Ivana Križan Černáková and any of their directors, employees, and agents from and against any claims, lawsuits, demands for compensation, losses, damages, fines, or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, incurred by a third party as a result of:

              • Your breach of this Agreement or documents referenced herein.
              • Your violation of the law or rights of a third party.
              • Your purchase of products.

              1. ELECTRONIC COMMUNICATION

              Ivana Križan Černáková assumes no responsibility for unsuccessful, partial, or distorted computer data transmissions, any failures, malfunctions, connections, availability of computer hardware or software, telephones, cables, networks, electronics, or the internet, any acts or omissions of any service provider, internet availability or accessibility, or network congestion or unauthorized human intervention, including any errors or mistakes.

              1. CHANGES AND TERMINATION

              We may change the website and these Terms at any time, solely at our discretion and without notice to you. You are responsible for keeping informed of these Terms. Your continued use of the website constitutes your agreement to any changes to these Terms, and any changes will replace all previous versions of the Terms. Unless otherwise stated in these Terms, all changes to these Terms apply to all users and become effective immediately. Additionally, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any notice.

              1. PERSONAL DATA

              Any personal data you disclose or otherwise provide in connection with purchasing products will be used in accordance with our privacy policy. We refer you to our privacy policy.

              1. INTEGRATION ADDENDUM

              This agreement, together with the Privacy Policy and Refund Policy or any other legal notices published by Ivana Križan Černáková Della Mora ART, constitutes the entire agreement between you and Della Mora ART regarding and governs your use of the website.

              1. DISPUTES

              You agree that any dispute, claim, or controversy arising out of or relating to the breach, termination, enforcement, interpretation, or validity of these Terms or the use of the website and purchase of products shall be resolved through binding arbitration between you and Della Mora ART, with each party retaining the right to bring an individual action in court of competent jurisdiction.

              In the event of a dispute concerning products offered through the website or the breach of these terms and provisions, the parties agree to submit their dispute to resolution before a reputable organization, as mutually agreed upon by the parties, and in accordance with the applicable rules.

              To the fullest extent permitted by law, you agree not to file, participate in, or be a member of any class action lawsuit regarding any claims, disputes, or controversies arising out of or related to your use of the website and purchase of products.

              1. FINAL PROVISIONS

              These terms are subject to existing laws and legal processes, and nothing in these terms limits our right to comply with requirements related to criminal investigations or any other governmental or legal request concerning your use of our website, your purchase of products on our website, or information provided to us or gathered by us in connection with your use of the website and purchase of products.

              Any provision of these terms found to be invalid, illegal, or unenforceable will not affect the validity, legality, and enforceability of the remaining provisions in any way. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision in the future.

              Any rights not expressly granted in these terms are reserved.