TOLDart
GENERAL TERMS AND CONDITIONS OF SALE AND SERVICES

GENERAL TERMS AND CONDITIONS OF SALE AND SERVICES

These General Terms and Conditions of Sale and Services (“Terms”) apply to all past and future commissions and services provided by Jasenko Đorđević (“Seller”) to any client (“Buyer”). By placing a commission or engaging in a service agreement, the Buyer agrees to these Terms.

1. Introduction

These General Terms and Conditions of Sale and Services (“Terms”) apply to all commissions and services provided by Jasenko Đorđević (“Seller”) to any client (“Buyer”). By placing a commission or engaging in a service agreement, the Buyer agrees to these Terms.

2. Commissions and Service Agreements

The Seller reserves the right to accept or refuse any commission or service agreement at their discretion. Commissions and service agreements become binding only after the Seller confirms them.

3. Prices

All prices for commissions and services are in euros (EUR) and include applicable taxes unless stated otherwise. Shipping costs are not included. They will be added to the total amount due. If the Buyer’s currency is not euros, they are asked to convert their currency to euros before making the payment.

4. Payment

Due to past negative experiences, full payment is required before starting any commission work. Similarly, full payment is required upon acceptance of any service agreement. Carving will begin only after the complete payment has been received in the Seller’s account. The payment will be made via invoice to a bank account. The Buyer is also responsible for customs duties, taxes, or import fees.

5. Delivery and Service Execution

  1. Commissions: The Seller will complete the commissioned work within the estimated timeframe, which can range between 2 weeks and 2 months. This delicate process often involves breakages, making it difficult to determine an exact time frame. If the process needs to be expedited, it will be discussed in detail with the Buyer and arranged according to feasibility. Additionally, please note that besides the creation of the sculpture, an additional period of 7-10 days is needed to secure the necessary export documents.
  2. Delivery: International deliveries are handled via DHL, with a delivery time of 2-7 business days, depending on the destination country. Shipping costs are not included in the price of the work. They typically range between €60-€100, depending on the weight of the package and the delivery location. To get an exact shipping cost, the buyer’s precise address is needed for verification. The assumption of risk for loss or damage to the sculpture during transportation will be agreed upon in advance.
  3. Services: The Seller will perform the services within the agreed timeframe. Therefore, the Buyer agrees to provide necessary access and cooperation for the execution of the services.

6. Returns and Refunds

  1. Commissions: All commissions are custom-made and therefore non-refundable. However, they are refundable if they are defective or significantly differ from the agreed specifications.
  2. Services: Service fees are non-refundable unless the Seller fails to deliver the agreed service due to their fault. In such cases, the Seller may issue a partial refund at their discretion

7. Nature of Sculptures

The Seller creates sculptures from graphite. This material is known for its stability but also its fragility. The Seller does not provide a time-based warranty for the sculptures. They do not deteriorate over time under normal conditions. Thus, the Buyer should handle the sculptures with care to avoid physical damage.

8. Intellectual Property Rights

The Seller retains all intellectual property rights, including copyrights, to the commissioned works. The Buyer receives a non-exclusive license to use the commissioned work for personal, non-commercial purposes unless otherwise agreed in writing. The Buyer agrees not to reproduce, distribute, or create derivative works based on the commissioned work without the Seller’s explicit permission. For detailed information about intellectual property rights, please read more at: Learn about our intellectual property rights.

9. Publicity and Use of Commissioned Works

The Seller reserves the right to use images of the commissioned works for promotional, marketing, and portfolio purposes unless otherwise agreed in writing. The Buyer agrees that the commissioned work may be used in exhibitions, publications, and other forms of media to promote the Seller’s work. However, the Buyer may not use the commissioned work or photographs of the commissioned work for public or commercial performances, exhibitions, or promotions without prior agreement or explicit permission from the Seller.

10. Limitation of Liability

The Seller’s liability for any claim arising out of the sale of the commissioned work or provision of services is limited to the purchase price of the work or service fees. The Seller is not liable for any indirect, incidental, or consequential damages.

11. Governing Law

These Terms are governed by and construed by the laws of Bosnia and Herzegovina. Therefore, any disputes arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the Municipal Court in Tuzla, Bosnia and Herzegovina.

12. Amendments

The Seller reserves the right to amend these Terms at any time. The Buyer will be notified of any changes. The revised Terms will apply to all subsequent commissions and service agreements.

13. Specific Service Terms

  1. Art Commissions: The Buyer must pay the full price of the commission upon order confirmation. Carving will begin only after the complete payment has been received in the Seller’s account. Moreover, the Buyer is responsible for any customs duties, taxes, or import fees.
  2. Events and Demonstrations: The Buyer must pay the full price of the service upon agreement confirmation. Service work will begin only after the complete payment has been received in the Seller’s account. This includes participation in fairs, demonstrations, promotions, and advertisements. Specific terms will be outlined in a separate service contract. This contract will include details on the scope of work, payment terms, and any additional requirements.

Additional Information

This is my full-time job. Besides carving, I handle almost all other tasks related to promotion, social media maintenance, website upkeep, traveling to exhibitions, workshops, and guest appearances. Sometimes, it is simply not possible to speed up the process. However, I will do my best to complete the work as quickly as possible.

Privacy and Data Protection

All personal information collected from buyers is protected and will not be shared with third parties or used for any purposes other than for fulfilling orders and deliveries. Your privacy is of utmost importance, and all data is handled with strict confidentiality.