Terms of Service

CURRENCY

The customer can choose whether the transaction will be processed in US dollars (USD), euros (EURO) or Czech crowns (CZK).

SHIPPING

All artworks and prints are packaged in hard tubes and paper boxes.

Goods are shipped by the GLS transport network (within Europe) or by FEDEX transport network (outside Europe). Prints and original artworks will be delivered within 15-21 days after receiving payment. The delivery might take longer time if the order was placed between 5th December and 5th January. The artist cannot guarantee delivery outside the EU before 24 December in case the order is placed and paid after 5th December. Within the EU, the artist can guarantee delivery before 24th December in case the order is placed and paid until 13th December.

The goods are shipped from the Czech Republic, Europe. International customers (outside the European Union) might be subjected to additional taxes, duties, or tariffs upon delivery. Unfortunately we do not have control on how the local fees are calculated or assigned. We are not liable for any additional costs which might be incurred after the ordered item has been delivered. Please contact your local post office for more information.

You can cancel the order at any time before the ordered product has been sent. The request to cancel your order should be sent us at silviemahdal@gmail.com.

REFUND POLICY

You can choose between a refund or exchange if the goods are defective or damaged or if the delivered goods are different to those you ordered. Your right to ask for refund or exchange lasts 15 days after the product was delivered. Later requests cannot be accepted. Please contact us at studio.silviemahdal@gmail.com in order to exercise this right. The request should contain the following information: 1) order number; 2) your contact information; 3) description of the reason you ask for refund or exchange; 4) photo of the defect or damage of the product.

After we approve your refund, your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

 CUSTOMER SERVICE POLICY

In case we are not able to dispatch your order for any reason we will notify you within 3 days after the order was placed.

DATA PROTECTION POLICY

Basic provisions

Data controller pursuant to Article 4(7) of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data is Daydreamer s.r.o., CIN 22165363, Sochorova 1, 616 00 Brno, Czechia.  The contact details of the data controller are email: studio@silviemahdal.com and telephone number: +420 736 750 225.

‘Personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Sources and categories of personal data processed

The controller processes personal data that you have provided to the controller or personal data that the controller has obtained on the basis of the fulfilment of your order.

The controller processes your identification, contact and data necessary for the performance of the contract.

Lawful reason and purpose for processing personal data

The lawful reason for processing personal data is:

• the performance of a contract between you and the controller pursuant to Article 6(1)(b) GDPR,
• the legitimate interest of the controller in providing direct marketing (in particular for sending commercial communications and newsletters) pursuant to Article 6(1)(f) GDPR,
• Your consent to processing for the purposes of providing direct marketing (in particular for sending commercial communications and newsletters) pursuant to Article 6(1)(a) GDPR in conjunction with Section 7(2) of Act No. 480/2004 Coll., on certain information society services, in the absence of an order for goods or services.

• The purpose of the processing of personal data is:

• to process your order and to exercise the rights and obligations arising from the contractual relationship between you and the controller; when placing an order, personal data is required that is necessary for the successful processing of the order (name and address, contact), the provision of personal data is a necessary requirement for the conclusion and performance of the contract, without the provision of personal data it is not possible to conclude the contract or its performance by the controller,
• sending commercial communications and other marketing activities.

There is no automatic individual decision-making by the controller within the meaning of Article 22 GDPR. You have given your explicit consent to such processing.

Data retention period

The controller keeps personal data:

• for the period necessary for the exercise of the rights and obligations arising from the contractual relationship between you and the controller and the exercise of claims arising from this contractual relationship (for a period of 15 years from the termination of the contractual relationship).
• for the period until consent to the processing of personal data for marketing purposes is withdrawn, but no longer than 15 years if the personal data is processed on the basis of consent.

After the expiry of the retention period, the controller will delete the personal data.

Recipients of personal data (subcontractors of the controller)

Recipients of personal data are persons:

• involved in the delivery of goods/services/processing of payments under the contract,
• those involved in ensuring the operation of the services,
• providing marketing services.

The controller intends to transfer personal data to a third country (non-EU country) or an international organisation. Recipients of personal data in third countries are providers of mailing services / cloud services.

Your rights

Under the terms of the GDPR, you have:

• the right to access your personal data under Article 15 of the GDPR,
• the right to rectification of your personal data pursuant to Article 16 GDPR, or restriction of processing pursuant to Article 18 GDPR.
• The right to erasure of personal data pursuant to Article 17 GDPR.
• the right to object to processing under Article 21 GDPR; and
• the right to data portability under Article 20 GDPR.
• the right to withdraw consent to processing in writing or electronically to the address or email of the controller set out in Article III of these terms and conditions.
• You also have the right to lodge a complaint with the Data Protection Authority if you believe that your data protection rights have been violated.

Personal data security conditions

1. The controller declares that it has taken all appropriate technical and organisational measures to safeguard personal data.
2. The controller has taken technical measures to secure data storage and storage of personal data in paper form.
3. The controller declares that only persons authorised by the controller have access to the personal data.

We may disclose your personal information in case we would be required to do so by law or in case you violate these Terms of Service.

Our online shop is hosted on GoPay s.r.o. They provide us with e-commerce platform which allows us to sell our goods to you. They protect your information pursuant to Czech Act No. 101/2000 Coll. For more insight, you may also want to read GoPay’s Terms of Service here.

In case you change your mind after opt-in, you may withdraw your consent for us to contact you at studio.silviemahdal@gmail.com.

By using this website, you represent that you are at least the age of majority pursuant to law of your state or province of residence, or that you are the age of majority pursuant to the law of your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.

We reserve the right to change this privacy policy at any time. The changes take effect immediately upon their publishing on the website.

REFERENCES

We are allowed to use drawn commissioned portraits (original photo and the drawn result) and evaluation of our products by our customers as references on our website.

APPLICABLE LAW AND PROROGATION

By placing your order, you agree that the Czech law, without regard to its conflict of laws rules, is applicable to these Terms of Service and any dispute which might arise between the customer and us in connection with the purchase. You agree also that the Czech courts have exclusive jurisdiction to settle any dispute arisen between the customer and us in connection with this purchase.

IDENTIFICATION DATA OF THE POINT OF SALE OPERATOR

QUESTIONS AND CONTACT INFORMATION

If you would like to access, correct, amend or delete any personal information we have about you or want more information contact us at studio.silviemahdal@gmail.com.

Silvie Mahdal