1. About these terms
These Terms & Conditions ("Terms") govern your use of www.liviatiwari.com (the site) and any purchase of artworks, prints, or commissioned work from Olivia Szandra Martin ("the Artist", "we", "us", "our"). By browsing the Site or placing an order, you ("you", "the customer") agree to these Terms. Please read them carefully. If you do not agree, please do not use the Site or place an order.
Nothing in these Terms affects your mandatory statutory rights as a consumer.
2. Definitions
• Original Artwork — a unique, one-of-a-kind work (e.g. an oil or acrylic painting on canvas).
• Limited Edition Print — a fine art print produced in a stated, finite edition.
• Commission — a bespoke artwork created to your brief.
• Artworks — collectively, Original Artworks, Limited Edition Prints, and Commissions.
3. Eligibility
To place an order you must be at least 18 years old and able to enter into a legally binding contract.
4. The artworks
Original Artworks are unique. Once an Original is sold, it is no longer available.
Limited Edition Prints are produced in the edition size stated on the product page. Each may be accompanied by a certificate or signature confirming its edition number, as indicated in the listing.
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Handmade nature & variation. Artworks are created by hand using natural materials (including French cotton canvas, oil and acrylic paint). Slight variations in texture, finish, and the appearance of the canvas surface are inherent to original work and are not defects.
Colour & representation. We make every effort to display colours accurately, but screens vary. The colour, scale, and finish of an Artwork as displayed on your device may differ slightly from the physical piece. Dimensions are approximate and stated per listing. Unless otherwise stated, frames are not included.
5. Prices & payment
All prices are listed in Euros (€) and are inclusive of applicable taxes where required, unless stated otherwise
on the product page. We may update prices at any time, but changes will not affect orders already confirmed.
We accept the payment methods shown at checkout, which may include card payments and Klarna. Where you choose a third-party provider such as Klarna, your use of that service is also subject to that provider's own terms and privacy policy, and any credit or instalment agreement is between you and that provider. We are not party to it.
Payment must be received in full (or, for Klarna, the agreement approved) before an order is dispatched, except where a Commission deposit arrangement applies (see section 11).
6. Orders & contract formation
Your order is an offer to purchase. A binding contract is formed only when we send you an order confirmation and/or dispatch confirmation. We reserve the right to refuse or cancel any order — for example, where an item is unavailable, a pricing error has occurred, or payment cannot be verified — and to refund you in full in such cases.
7. Availability
Because Original Artworks are unique, there is a small risk that a piece may sell through more than one channel (e.g. the Site and an exhibition) at a similar time. If an item becomes unavailable after your order, we will notify you promptly and issue a full refund.
8. Shipping & delivery
We ship worldwide. Estimated processing and delivery times are stated at checkout or on the product page and
are estimates, not guarantees.
Risk and title. Risk of loss or damage passes to you on delivery. Title to the Artwork passes to you once we have received payment in full.
International orders — customs, duties & import taxes. For deliveries outside [BELGIUM / THE EU] , you are the importer of record and are responsible for any customs duties, import VAT, taxes, or charges levied by
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the destination country. These are not included in the purchase price or shipping cost and are payable by you. Please check your local rules before ordering.
9. Damaged or lost in transit
Artworks are packed with care. If your item arrives damaged, please contact us at livia.tiwari@yahoo.com within 48 hours / 7 days of delivery, with photographs of the packaging and the damage. If an item is lost in transit, please contact us as soon as possible. We will work with you to repair, replace, or refund the item where appropriate, in line with your statutory rights.
10. Returns, cancellations & right of withdrawal
Consumer right of withdrawal (EU). If you are a consumer in the EU, you generally have the right to withdraw from your purchase of a non-bespoke item (such as a Limited Edition Print or an in-stock Original) within 14 days of receiving it, without giving a reason. To exercise this right, notify us at livia.tiwari@yahoo.com within the period.
Returning the item. You must return the item within 14 days of notifying us, in its original condition and packaging. Unless the item was faulty or wrongly supplied, you are responsible for the cost and safe arrangement of return shipping, and we recommend insured, tracked carriage given the value and fragility of artwork. Risk during return transit is yours until we receive the item.
Refunds. Once we receive and inspect the returned item, we will refund the price paid (and standard outbound delivery, where the law requires) within 14 days, using the original payment method. We may reduce the refund to reflect any diminished value caused by handling beyond what is necessary to establish the nature and characteristics of the item.
Exceptions. The right of withdrawal does not apply to Commissions or any made-to-order or personalised work (see section 11), in accordance with consumer-protection law.
11. Commissions
Commissions are bespoke and governed by these additional terms:
• Brief & quote. We will agree a brief, dimensions, medium, price, and indicative timeline in writing before work begins.
• Deposit. A non-refundable deposit of [e.g. 50%] is required to reserve your slot and begin work. The balance is due before dispatch.
• Timelines. Completion dates are good-faith estimates. Handmade work and drying times (particularly for oils) can affect schedules; we will keep you informed of any material change.
• Approval & revisions. We may share progress images. Reasonable minor adjustments may be agreed during the process; substantial changes to the original brief may incur additional cost.
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• No right of withdrawal. As bespoke goods made to your specification, Commissions are not eligible for the statutory cooling-off period, and deposits are non-refundable once work has begun, except where the work is faulty or not as agreed.
• Cancellation by you after work has begun: the deposit is retained; any further sums paid may be refunded at our discretion, less work completed.
12. Intellectual property & copyright
The Artist retains copyright. Purchasing an Artwork transfers ownership of the physical object only. The Artist retains all copyright, reproduction rights, and moral rights in the Artwork and its image, in perpetuity, including for works sold or commissioned.
You may not, without our prior written permission: reproduce, copy, print, scan, photograph for commercial use, create derivative works from, or sell reproductions of any Artwork. You may not use any Artwork or its image for commercial, promotional, or NFT/digital-token purposes.
We reserve the right to photograph and reproduce all Artworks (including Commissions) for portfolio, exhibition, publication, promotional, and archival purposes.
Site content. All text, images, design, and branding on the Site are owned by or licensed to the Artist and are protected by intellectual-property laws. You may not copy or use them without permission.
13. Use of the Site
You agree to use the Site lawfully and not to misuse it, attempt to gain unauthorised access, introduce malicious code, or infringe our or others' rights. We may suspend or restrict access where necessary.
14. Privacy & data protection
We process personal data in accordance with the General Data Protection Regulation (GDPR) and our Privacy Policy, available at [PRIVACY POLICY URL] . By placing an order you consent to that processing as described there.
15. Limitation of liability
To the fullest extent permitted by law, we are not liable for indirect, incidental, or consequential losses arising from your use of the Site or the purchase of an Artwork. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot lawfully be excluded. Our total liability in connection with any order shall not exceed the price paid for that order. Your statutory consumer rights are unaffected.
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16. Force majeure
We are not liable for delay or failure to perform caused by events beyond our reasonable control, including postal or courier disruption, natural events, or other circumstances of force majeure.
17. Governing law & disputes
If you are an EU consumer, you may also access the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.
18. Changes to these Terms
We may update these Terms from time to time. The version in force is the one published on the Site at the time of your order. Please review this page periodically.
19. Contact
For any questions about these Terms or your order:
Email: livia.tiwari@yahoo.com