Terms of Service

General Information

These Terms of Service ("Terms") govern your use of the website and services operated by Grafko-Caspar d.o.o. (Ulica Ivana Sokača 6, 42000 Varaždin, Croatia; OIB: 30402881876), trading as Linvela Gallery ("we", "us", or "our").

By browsing our store or purchasing artwork from us, you agree to be bound by these Terms and our Privacy Policy. For any inquiries, contact us at help@linvelagallery.com.

Products & Color Representation

• Custom Fulfillment: All artwork, including archival prints, canvas prints, and framed items, is produced on demand following your order selection.
• Color Accuracy: We strive to display product colors, textures, and dimensions as accurately as possible. However, exact physical colors may vary slightly depending on monitor display settings, lighting, and material batch variations.
• Order Acceptance: We reserve the right to decline, modify, or cancel any order in the event of stock unavailability, pricing errors, or suspected unauthorized or fraudulent transactions.
• Dynamic Catalog & API Availability: Catalog availability, artwork listings, and artist metadata are synchronized in real time via third-party APIs. We reserve the right to remove or modify artwork listings without prior notice. In the event an ordered artwork becomes unavailable due to a licensing change, artist withdrawal, or API synchronization error prior to fulfillment, we reserve the right to cancel the order and issue a full refund to your original payment method as your sole remedy.

Pricing & Payments

• Currency & VAT: All listed prices are stated in Euros (€) and include applicable Value Added Tax (VAT) unless explicitly stated otherwise.
• Payment Processing: Payment is taken at the time of order placement via our secure PCI-DSS compliant payment processor (Stripe). We do not store or process payment card details directly.
• Price Changes: Prices for our products are subject to change without prior notice. Price changes will not affect orders already confirmed and paid for.

Shipping, Taxes & Customs

• Delivery: We ship orders from within the European Union via partner delivery services. Estimated delivery times provided at checkout are estimates and not guaranteed delivery dates.
• Customs & Duties: For deliveries outside the European Union, orders may be subject to local import duties, taxes, or clearance fees. These charges are the sole responsibility of the customer.
• Unclaimed & Returned Packages: If a package is returned to us due to an incorrect/incomplete address provided by the customer, or because it was not collected from the local courier depot within the designated timeframe, the customer will be responsible for the actual costs of re-shipping the order. If a refund is requested for an unclaimed standard item, original and return shipping fees will be deducted from the total refund amount.

Right of Withdrawal (EU Consumer Rights)

• Standard Artwork: EU customers have the right to withdraw from a purchase within 14 days of delivery without giving any reason. Returned products must be unused, undamaged, and in their original packaging.
• Personalized Items: In accordance with EU consumer protection rules (Directive 2011/83/EU), the right of withdrawal does not apply to clearly personalised goods made to individual specifications — for example, prints incorporating customer-supplied images or text, or custom non-catalog dimensions. We do not currently offer such products, so all artwork purchased in our standard catalog sizes carries the full 14-day right of withdrawal.
• Return Costs: Unless an item arrives damaged or defective, the customer is responsible for paying direct return shipping costs.

Damaged or Defective Goods

If your artwork arrives damaged during shipping or suffers from a manufacturing defect:

1. Contact us as soon as possible — ideally within 48 hours of delivery — at help@linvelagallery.com.
2. Include your order number and clear photos of both the damaged product and the outer packaging.
3. Upon verification, we will arrange a replacement print or a full refund at no additional cost to you.

Prompt reporting helps us resolve transit-damage claims with our carrier quickly. It does not limit your statutory rights: under EU consumer law, you benefit from a legal guarantee of conformity for two years from delivery.

Force Majeure

We shall not be held liable or responsible for any failure or delay in the performance of our obligations under these Terms caused by events outside our reasonable control ("Force Majeure Event"), including but not limited to severe weather conditions, natural disasters, failure of transportation networks, public postal/courier carrier strikes, or government restrictions.

Intellectual Property & Art Licensing

• Art Licensing & Catalog Integrity: The artwork images, metadata, and artist profiles displayed on our website are provided dynamically via API integration with our licensing partner (Pictufy) and its authorized artists. All copyrights, trademarks, and intellectual property rights in the underlying artwork remain the exclusive property of their respective creators and licensing partners.
• Scope of Purchase: Purchasing a physical print grants you a limited, non-exclusive, non-transferable right to display the physical item for personal use. It does not grant any digital rights, commercial reproduction rights, resale rights, or rights to create derivative works.
• Prohibition of Digital Harvesting & AI Use: You are strictly prohibited from copying, downloading, scraping, framing, extracting, or indexing any artwork images, artist metadata, or visual assets from our website. Furthermore, website assets may not be used for machine learning models, artificial intelligence training, or automated data extraction without prior written consent.
• Notice & Copyright Takedown Protocol: Because artwork is served via a third-party API, if you are a copyright owner or authorized representative and believe an artwork displayed on our store infringes upon your copyright, please contact us immediately at help@linvelagallery.com with details of the work. Upon receipt of a valid notice, we will remove access to the item and notify our licensing partner to resolve the underlying claim

Limitation of Liability & Governing Law

• Liability: To the maximum extent permitted by applicable law, Grafko-Caspar d.o.o. is not liable for indirect, incidental, or consequential damages resulting from the use of our website or products.
• Consumer Rights: Nothing in these Terms limits or excludes rights that consumers have under mandatory provisions of EU or Croatian consumer protection law.
• Governing Law: These Terms are governed by the laws of the Republic of Croatia and applicable European Union regulations.
• Dispute Resolution: Any legal disputes will be subject to the jurisdiction of the competent courts in Varaždin, Croatia. EU consumers may also refer a dispute to an accredited alternative dispute resolution (ADR) body in their country of residence.
• Third-Party Integrations: We are not liable for temporary service interruptions, latency, data transmission errors, or rendering discrepancies caused by third-party services, including our licensing partner's API integration or external delivery networks.

Changes to These Terms

We reserve the right to update or modify these Terms at any time without prior notice. The latest version will always be accessible on our website with the updated effective date. Continued use of our website or services following any changes constitutes acceptance of those changes.

Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any remaining provisions.