Terms of service

Terms and Conditions - Rylana Townsend

Article 1: Company Information
Rylana Townsend 
Drusushof 3
6215 EG Maastricht
KvK: 96733586
Btw-id: NL005228641B11

Email: info@rylanatownsend.com

Article 2: applicability

These terms and conditions apply to all orders and agreements relating to the sale of original artworks, custom-made paintings, and products featuring printed reproductions of artworks, offered via the website, email, or social media platforms managed by Rylana Townsend.

Article 3: offer and agreement

All offers are non-binding and subject to availability. Custom-made artworks are created in consultation with the client. Estimated delivery times are communicated individually per order. A binding agreement is established once the seller confirms the order and payment has been completed by the buyer.

Placing an order via the website, email, or social media constitutes an offer to purchase the selected product(s). Upon submission, the customer will receive an automatic confirmation email. This confirmation only acknowledges receipt of the order and does not represent acceptance or formation of a binding agreement.

A binding purchase agreement is established only once Rylana Townsend confirms the dispatch of the product(s) via email. This dispatch confirmation signifies acceptance of the order and the conclusion of a legally binding contract.

 Rylana Townsend reserves the right to cancel or refuse any order at its sole discretion, including if the order does not comply with the terms and conditions. If payment has already been made, any received amounts will be refunded in full.

Article 4: product information

The essential characteristics of the products are described on the respective product pages on the website. Please note that product images may not precisely reflect the physical items due to differences in display settings of the customer’s internet browser, smartphone, or monitor.

Article 5: prices and payments

All prices are listed in euros (€) and exclude applicable shipping fees. Prices for products and services may be adjusted from time to time due to changes in currency exchange rates, supplier costs, or other commercial factors. Rylana Townsend reserves the right to amend prices without prior notice. 

Payments can be made via iDEAL or other available methods as specified during the checkout process. By clicking the “confirm and pay” button, the customer acknowledges a binding obligation to pay for the selected product(s) or service(s) in accordance with the stated terms. 

For all custom made artworks or commissioned services, a non-refundable advance payment of 30-50% of the agreed total price is required prior to commencement. This advance covers preparation costs and secures the artist’s time and materials.

Should the customer cancel the order or if the order cannot be completed due to circumstances beyond the artist’s control, the advance payment will not be refunded under any condition.

The remaining (x)% of the total price is due upon completion of the commissioned work. The product(s) will only be released for delivery or collection after full payment has been received. Ownership of the work remains with Rylana Townsend until full payment is made.

Failure to pay the required advance or final balance in a timely manner entitles Rylana Townsend to cancel the order without further liability or obligation to the customer.

Article 6: delivery and shipping

Orders may be collected in Maastricht or shipped domestically and internationally. Shipping is carried out by third-party postal or courier services. Standard delivery times apply, although delays may occur.

All delivery periods are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a term does not entitle the consumer to compensation.

For custom-made items, delivery timelines are agreed upon individually based on workload and availability.

Rylana Townsend is not liable for damage incurred during transit, including but not limited to natural disasters, strikes, or disruptions in transportation. In the event of a lost or delayed shipment, the seller will assist in tracking the parcel but bears no responsibility for the actions or errors of the courier.

We are not liable for failure to fulfill our obligations due to events beyond our reasonable control, including but not limited to natural disasters, strikes, war or technical failures.

Article 7: return policy

The right of withdrawal does not apply to custom-made or personalized products, they are non-returnable. Regular paintings and printed products may be returned within 14 days of receipt, provided they are unused and in their original condition.

Upon receipt and inspection of the returned product in its original condition, the product price will be refunded to the customer.

We kindly request that products be returned in their original condition and packaging, including all accessories.

Please ensure careful handling during the return process. If the returned product or packaging shows damage beyond what is necessary to determine the nature, characteristics, and functioning of the product, we reserve the right to deduct an appropriate amount from the refund to account for depreciation in value or refuse a return. 

The customer is responsible for adequately packaging the product to prevent damage during transport.

To initiate a return, please notify us in advance via email at info@rylanatownsend.com. Once the returned item has been received and inspected, any eligible refund will be issued within 10 business days.

Damaged products

Any damage to delivered artworks must be reported in writing by email within three 48 hours of receipt. The notification must include a clear and detailed description of the damage, accompanied by photographic evidence of the affected item. 

The customer may be eligible for a refund only if the damage is reported within the specified notification period. A refund will only be issued once the damaged artwork has been returned. 

The buyer is responsible for ensuring that the damaged artwork is returned properly. Return shipping costs are to be covered by the buyer. The artwork must be returned in its original condition and packaging. The return must be carried out within a reasonable timeframe after receiving return instructions.

The refund will be issued following receipt and inspection of the returned artwork. Rylana Townsend reserves the right to refuse a refund if the artwork fails to meet the stated return requirements.

 Article 8: copyright and usage

All artworks remain the intellectual property of Rylana Townsend, even after sale. Buyers are not permitted to reproduce, distribute, or use images of the artworks for commercial purposes without prior written consent from the artist. 

The name, logo, artworks, and other visual elements of Rylana Townsend may not be used, reproduced, or distributed for any purpose without prior written consent from the artist.

Article 9: warranty

Original handmade artworks come with a one-year warranty covering material defects such as canvas detachment, provided these are not the result of misuse. 

Any warranty claims must be submitted in writing and include photographic evidence of the defect. Damage caused by improper handling, cleaning, or environmental factors is excluded from warranty coverage.

 Article 10: data protection

Personal data (including name, address, email address, and phone number) is collected solely for processing orders and arranging delivery. This information will only be shared with delivery services and will never be used for commercial purposes without consent.

Buyers have the right to request access to, correction, or deletion of their personal data by contacting info@rylanatownsend.com.

Cookies may be used to enhance website performance; users can adjust preferences via browser settings.

 Our webshop operates on the Shopify platform. When you provide personal data for the purpose of using our services, this information may be shared with Shopify. Shopify only accesses your data to support the functionality and maintenance of our online store and does not use your data for any other purposes.

As part of our data processing agreement with Shopify, they are contractually obligated to implement robust security measures. These include SSL encryption and strict password protocols to protect your information. Shopify is also certified to securely process credit card transactions.

To optimize platform performance, Shopify uses cookies to collect technical data related to your browsing behavior. These cookies do not collect or store personally identifiable information.

Shopify may internally share anonymized or aggregated technical data across its affiliated companies to improve service quality. All data is handled in accordance with applicable retention laws. Because Shopify operates internationally, your data may be processed in the United States. Shopify adheres to the principles of the EU–U.S. Privacy Shield Framework.

Article 11:  age restriction

Buyers must be at least 16 years old to place an order. By making a purchase, the buyer confirms compliance with the minimum age requirement.

Article 12: artwork risks and buyer responsibility

Artworks are created with care, using high-quality materials such as cotton or linen canvases, wooden or aluminum frames, acrylic paints, gold/silver/rose foils, gold leaf, varnish, and textured media.

The buyer acknowledges the following potential risks that may affect the longevity of artworks:

·       Environmental conditions such as fluctuations in temperature or humidity may cause warping or cracking.

·       Mold and mildew may develop in moist environments, damaging canvas and paint.

·       Insects and pests may infest organic materials in artworks or frames.

·       Physical impacts, including dropping or bumping, may damage the piece.

·       Improper framing methods or inadequate support may lead to distortion.

·       Cleaning with harsh chemicals may result in discoloration or peeling.

·       Exposure to sunlight may fade colors over time and develop mold.

·       Natural aging may cause changes in canvas tension or color.

·       Gold leaf and 3D textures are especially vulnerable to humidity and improper handling.

Buyers are responsible for appropriate handling and maintenance, including displaying artwork away from direct sunlight, moisture, and heat sources.

Article 13: limitation of liability

Rylana Townsend is not liable for damage to frames, or other components, unless caused by gross negligence or intent.

 Under no circumstances shall the artist be liable for indirect damages such as loss of income, missed opportunities, or business interruption.

The buyer agrees to indemnify and hold the artist harmless from any third-party claims related to the use or display of the artwork.

Article 14: unique and digital artworks

Unique artworks are one-of-a-kind, handmade pieces. Digital reproductions, such as canvas prints or posters, are derived from original pieces and may be offered in limited editions.

Article 15: final provisions

These terms and conditions are governed by the laws of the Netherlands. In the event of a dispute, both parties agree to first attempt resolution through direct communication.  

All disputes arising from or relating to these terms and conditions, which cannot be resolved by communication between the two parties, will be submitted to the competent court in Maastricht, the Netherlands, unless otherwise required by mandatory law.