Terms & Conditions
Introduction
Last updated: 02/10/2026
These Terms & Conditions apply to purchases of artwork and services from Ivana Kutilkova, a self-employed artist / sole trader established in Portugal ("I", "me", "my" or "the Artist").
By placing an order through my website, purchasing by invoice, or booking a service by email, you agree to these Terms, subject to any mandatory consumer rights that cannot legally be excluded or limited.
Ivana Kutilkova
Self-employed artist / Sole trader (Empresário em Nome Individual)
NIF: 280425562
Business address: Av. Professor Bento de Jesus Caraça,32 Cv Esq.
Email: ivakutilkova@gmail.com
I create and sell original artwork, prints, commissioned artwork and art teaching services.
Orders may be placed through the online checkout on this website or, where agreed, directly by email and completed by invoice.
My website may offer the following:
Original artwork
Original drawings and other original artworks are individually created physical works.
Unless otherwise stated in the product description, each original artwork is one of a kind and is not reproduced as another original work.
The product listing will provide relevant information such as dimensions, materials, paper or other support, framing where applicable, price and availability.
Because handmade artwork is created individually, minor variations in texture, tone and appearance may occur. Such characteristics are not considered defects where they form part of the normal nature of the artistic medium.
Prints
Prints are reproductions of artwork and may be offered in specified sizes, editions or formats.
The product description will state the relevant information, including where applicable:
size;
paper or other material;
edition type or edition number;
whether the print is signed;
whether the print is numbered;
whether the print is produced to order; and
any other relevant characteristics.
Commissioned artwork
I may accept commissions for personalized drawings or other artwork.
Before accepting a commission, I will agree with the customer on the relevant specifications, which may include:
subject;
reference photographs;
size;
materials;
number of subjects;
composition;
price;
payment schedule;
estimated completion time frame; and
delivery arrangements.
A commission becomes binding once the commission has been accepted and the required payment or deposit has been received.
Because a commissioned artwork is made according to the customer's specifications or is clearly personalized, the statutory right of withdrawal may not apply where the legal exception for personalized goods applies.
This does not affect statutory rights relating to lack of conformity or other mandatory consumer protections.
Art teaching
I may offer online private lessons, workshops, demonstrations or other art education services.
The description provided for each teaching service will specify, as applicable:
the nature of the lesson or program;
duration;
price;
format;
scheduling;
what is included; and
any materials or equipment the customer needs.
Teaching is educational in nature. Unless expressly stated otherwise, it does not guarantee a particular artistic result or level of improvement.
What I Sell
How a Contract Is Formed
When purchasing through the website, you will be shown the relevant product or service information and price before completing your order.
Submitting an order through the checkout constitutes an offer to purchase the selected product or service.
The contract is concluded when the order is accepted and payment is successfully authorised or received, as applicable.
The confirmation of your purchase will be provided electronically and retained in a durable medium.
Portuguese law requires specified pre-contractual information to be provided for distance contracts, including the characteristics of the goods or services, total price, payment and delivery arrangements and, where applicable, withdrawal rights.
Orders by email and invoice
For purchases arranged directly by email, I will provide the relevant information and, where applicable, an invoice or payment request.
The contract is concluded when the order or proposal is accepted and the required payment or deposit has been received, unless otherwise agreed in writing.
The applicable product or service description and these Terms form part of the contractual relationship.
Prices
All prices are displayed in euros (€). The applicable price will be communicated before the customer becomes bound by the purchase.
Unless expressly stated otherwise, the price does not include delivery charges. Any applicable delivery or other additional charges will be communicated before the purchase is completed. Where applicable, prices include VAT or other taxes required by Portuguese law. If a tax treatment changes under applicable law, the applicable legally required tax treatment will apply.
Payment methods available through the website are those displayed at checkout.
For orders arranged by email, payment may be made using the method specified on the invoice or payment request.
For commissions, I may require a deposit or full payment before beginning work. The applicable arrangement will be agreed with the customer before the commission is accepted.
I am not required to begin production of a commission until the agreed payment or deposit has been received.
Payment
Original Artwork Availability
Original artworks are generally unique.
If an original artwork has already been sold, it will no longer be available for purchase.
I may withdraw or remove an artwork from sale at any time before a purchase contract has been concluded.
Once a purchase has been accepted and paid for, I will honour the customer's contractual rights subject to these Terms and applicable law.
Reference material
The customer is responsible for providing reference photographs and other materials that they have the right to use for the purpose of commissioning the artwork.
The customer must not provide material that they do not have permission to use where doing so would infringe another person's copyright, privacy or other rights.
Artistic interpretation
A commission is an original artwork created by me based on the agreed specifications.
The customer acknowledges that handmade artwork involves artistic interpretation and that the final work may not reproduce a reference photograph or requested concept identically.
Unless a specific feature has been expressly agreed as part of the commission, reasonable artistic interpretation remains with the Artist.
Changes during the commission
Reasonable clarification may be requested before work begins.
Once substantial work on a commission has begun, significant changes to the agreed concept may require an additional fee or may not be possible.
Any additional cost will be agreed with the customer before the additional work is carried out.
Completion time
Commission completion times are estimates unless a specific deadline has been expressly agreed.
I will communicate significant delays where reasonably possible.
A delay caused by the customer, including late provision of reference material or failure to provide necessary information, may extend the estimated completion time.
Commission Process
I ship artwork to the destinations shown or agreed at the time of purchase.
Available shipping methods, destinations and costs will be communicated before the order is completed.
The customer is responsible for providing a complete and accurate delivery address.
If an order is returned because an incorrect or incomplete address was provided, additional shipping costs may apply.
Where the law provides otherwise, statutory consumer rights are not affected by this section.
For consumer sales, risk generally transfers when the consumer or a third party designated by the consumer, other than the carrier, obtains physical possession of the goods. If the consumer independently appoints a carrier that was not offered by me, the applicable legal rule may differ.
Shipping and Delivery
Packaging and Damage During Delivery
II take reasonable care to package artwork appropriately for transport.
If an artwork arrives visibly damaged, the customer should contact me as soon as reasonably possible and provide photographs of:
the packaging;
the shipping label;
the external damage;
the internal packaging; and
the artwork.
This information may be needed to investigate a shipping claim.
Nothing in this section limits the customer's statutory rights concerning goods that are not in conformity with the contract.
Right of Withdrawal for Consumers
For distance contracts with consumers, Portuguese law generally provides a 14-day right of withdrawal, subject to statutory exceptions.
For goods, the period generally begins when the consumer or a person designated by the consumer, other than the carrier, obtains physical possession of the goods.
For services, the period generally begins on the date the contract is concluded.
The customer does not need to give a reason for exercising the statutory right of withdrawal.
The right of withdrawal must be exercised by communicating the decision within the applicable period. An email to ivakutilkova@gmail.com may be used for this purpose.
Where legally required, I will provide the statutory withdrawal form or the necessary information for exercising the right.
Exceptions to the Right of Withdrawal
The statutory right of withdrawal does not apply in certain circumstances established by law.
For my business, the most relevant exception is for:
Personalized and commissioned artwork
The right of withdrawal does not apply to goods made according to the consumer's specifications or clearly personalized, where the statutory conditions for that exception are satisfied.
This may include commissioned drawings created specifically according to a customer's individual specifications.
This exception does not remove statutory rights relating to defective or non-conforming goods.
Fully performed teaching services
For teaching services, if the customer expressly requests that the service begin during the 14-day withdrawal period and acknowledges that the right of withdrawal will be lost once the service has been fully performed, the statutory right of withdrawal may cease once the service has been fully performed.
Where a customer requests that teaching begin during the withdrawal period and subsequently exercises the right of withdrawal before the service has been fully performed, the customer may be required to pay a proportionate amount for the service already provided, in accordance with applicable law.
Returning Goods After Withdrawal
Where a consumer validly exercises the statutory right of withdrawal for a returnable physical product, the product must be returned without undue delay and in accordance with the applicable statutory requirements.
The consumer is responsible for the direct cost of returning the goods where applicable, provided that the required information concerning those costs was supplied before the contract.
The customer may be responsible for diminished value resulting from handling the goods beyond what is necessary to establish their nature, characteristics and functioning.
The customer should package the artwork appropriately when returning it.
Nothing in this section limits any mandatory consumer right.
Where a consumer validly exercises the statutory right of withdrawal, I will refund the payments received in accordance with applicable law.
The refund will generally be made using the same payment method used for the original transaction, unless another method has been agreed.
For returned physical goods, I may withhold reimbursement until I have received the goods back or the consumer has provided evidence that they have been sent back, whichever occurs first, where permitted by law.
Where the law requires reimbursement of standard delivery costs, those costs will be treated in accordance with the applicable statutory rules.
Refunds
Physical goods sold to consumers are subject to the statutory legal guarantee of conformity under Portuguese law.
For ordinary movable consumer goods, the professional is generally responsible for lack of conformity that becomes apparent within three years from delivery. The law also provides rules concerning the burden of proof, remedies and repair or replacement.
If you believe that an artwork or print is not in conformity with the contract, contact:
Please describe the issue and, where useful, provide photographs.
Depending on the circumstances and applicable law, the consumer may have rights including repair, replacement, price reduction or termination of the contract.
Repair or replacement must generally be carried out free of charge, within a reasonable period and without significant inconvenience, subject to the specific statutory conditions.
The statutory guarantee is separate from any voluntary commercial guarantee that I may offer.
Legal Guarantee of Conformity
Artistic Characteristics and Materials
Artworks created using traditional media such as charcoal, graphite, pastel or similar materials may naturally contain variations in texture, tone, marks and surface appearance.
These characteristics are part of the nature of the medium and are not, by themselves, evidence of lack of conformity.
Where the product description identifies a particular material, paper, finish or other characteristic, that description forms part of the product information.
The customer should follow any care instructions supplied with the artwork.
Unless explicitly stated in the product description, artworks are sold unframed.
The customer is responsible for selecting appropriate framing, mounting and display conditions unless framing is included in the purchase.
Artwork should be protected from excessive humidity, direct sunlight, heat and other environmental conditions that may damage paper or drawing media.
Care recommendations do not limit statutory consumer rights.
Framing and Display
Copyright and Use of Purchased Artwork
Purchasing an original artwork, print or commission transfers ownership of the physical object to the customer.
It does not transfer copyright.
Unless otherwise agreed in writing, I retain copyright and other intellectual property rights in the artwork.
The customer may display a purchased artwork privately but may not reproduce, scan, print, commercially license, resell reproductions of or otherwise exploit the artwork without my written permission, except where permitted by law.
For commissioned artwork, any different copyright or usage arrangement must be expressly agreed in writing before or during the commission.
Artist's Portfolio and Promotional Use of Commissions
Unless the customer and I agree otherwise in writing, I may photograph or reproduce an image of a completed commissioned artwork for my portfolio, website, social media, exhibitions, publications or other self-promotional purposes.
Where a commission contains an identifiable private individual, I will take reasonable account of applicable privacy and image-rights considerations.
If you require a commission to remain private and not be used for promotional purposes, please discuss this with me before the commission is accepted.
Any agreed restriction on promotional use should be confirmed in writing.
Teaching Services — Booking and Cancellation
The date and time of a private lesson or other scheduled teaching service will be agreed with the customer.
If the customer needs to reschedule, they should contact me as soon as reasonably possible.
Any specific cancellation or rescheduling policy communicated when booking forms part of the agreement.
Where a cancellation right is governed by mandatory consumer law, that statutory right takes precedence over any contractual cancellation policy.
If a customer fails to attend a scheduled lesson without reasonable notice, the consequences will depend on the cancellation terms communicated at the time of booking and applicable law.
Right of withdrawal: you can withdraw within 14 days of booking. If you want a class to take place within those 14 days, you must expressly ask for this at checkout. If you then withdraw, you pay only for classes already given. Once every class has been given, the right of withdrawal ends.
Students under 18: a parent or guardian must book and accept these terms. [For students under 14, an adult must be nearby during the class.]
Online Lessons and Technical Problems
Online teaching depends partly on third-party technology and the customer's internet connection and equipment.
I am not responsible for interruptions caused by circumstances outside my reasonable control, including internet outages or failures of third-party platforms.
If a technical problem substantially prevents a lesson from taking place and the problem is not caused by the customer, I will make reasonable efforts to reschedule the affected session or otherwise provide an appropriate remedy.
This does not limit any mandatory consumer rights.
Events Beyond Reasonable Control
I will not be responsible for delays caused by circumstances beyond my reasonable control, such as serious illness, natural disasters, strikes, major transport disruption, postal or courier failures, widespread technical failures or other exceptional events.
Where such circumstances occur, I will make reasonable efforts to inform affected customers and resume performance as soon as reasonably possible.
This clause does not remove any statutory right to cancel or obtain a refund where the law provides such a right.
Customer Information
Customers must provide accurate information necessary to process their purchase or service, including, where relevant:
name;
billing information;
delivery address;
email address;
telephone number;
commission specifications; and
information required to schedule teaching.
I am not responsible for problems caused by inaccurate or incomplete information supplied by the customer.
Personal data is processed in accordance with my Privacy Policy.
Complaints
If you have a concern about an order or service, please contact me first at:
Please include your order or invoice information and a description of the issue where relevant.
I will review the matter and respond within a reasonable period.
Nothing in this complaints procedure limits any statutory consumer rights.
Alternative Dispute Resolution
Consumers may have access to Alternative Dispute Resolution (Resolução Alternativa de Litígios de Consumo — RAL) through a competent Portuguese RAL entity.
The applicable RAL information, including the competent entity/entities and their websites, is provided on my Legal Information & Alternative Dispute Resolution page:
Portuguese law requires relevant businesses, including sole traders operating online, to provide consumers with information concerning competent RAL entities.
I may update these Terms from time to time to reflect changes to my business, website, products or applicable law.
The version applicable to a purchase is the version in force at the time the contract is concluded, unless a later change is required by law to apply to an existing relationship.
Changes to These Terms
If any provision of these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
No provision of these Terms is intended to exclude or restrict a mandatory right of a consumer.
Severability
These Terms are governed by Portuguese law, subject to any mandatory consumer protection provisions that apply to the customer.
Where the customer is a consumer resident in another European Union Member State, the choice of Portuguese law does not deprive that consumer of mandatory protections available under applicable European Union law.
Where a dispute cannot be resolved amicably or through an applicable alternative dispute resolution mechanism, it may be submitted to the competent courts in accordance with applicable law.
Applicable Law and Jurisdiction
Contact
Ivana Kutilkova / Iva K
NIF: 280425562
Business address: Av. Professor Bento de Jesus Caraça,32 Cv Esq., Lisbon, 2725-030
Email: ivakutilkova@gmail.com
Telephone: +351960061407