Terms & Conditions

 

 

 

TERMS AND CONDITIONS

 

 

 

These terms and conditions regulate the business communication and relationship between you and Bella Volen as an artist, a brand, and a gallery owner selling art.

 

By using My Web Site in any way or buying from me, or giving me a commission work to create, you agree to be bound by these terms and conditions.

 

Bella Volen Gallery & Studio

 

Company: Bella Volen e.U.

 

Landesgerichtstraße 6, 1010 Vienna, Austria

 

www.bella-volen.com

 

www.artgallery-vienna.com

 

 

You are: a visitor to My Website / or a Client

 

This website and images belong to the Artist Bella Volen.

All images appearing on this website (www.bella-volen.com) are protected under The Austrian and International Copyright Laws and are the exclusive property of Bella Volen.

All rights reserved. Do not copy, recreate, or imitate any of these works or text. No parts of this website may be reproduced or transmitted in any form or by any means, electronic or mechanical, without the written permission of the Artist Bella Volen.

Only the owner of the copyright- Bella Volen, who created these works, has the right to authorize someone else to create a new version of that work.

 

1 DEFINITION OF A FEW TERMS

 

In this agreement:

“Carrier” means any person or business contracted by me or our artists to carry Goods from us to you, whether all or part of the distance.

“My Web Site” means the entire computing hardware and software installation that is or supports My Web Site.

“Goods” means any of the Goods we offer for sale on my website

“Content” means information in any form published on My Website by us or any third party with our consent.

“Client” The person booking a commission work, buying a ready artwork, booking a workshop.

 

2. BUYING ORIGINAL ARTWORKS and ART PRINTS:

 

My contract with you

These terms and conditions apply: so far as the context allows, to you as a visitor to My Website; and in any event to you as a buyer or prospective buyer of my Goods.

2.1. Goods advertised may not always be available, sometimes sold out, or another time available later.

 

2.2. I shall accept your order by e-mail confirmation. My message will also confirm details of your purchase and tell you when I shall despatch your order or how long it may take to produce the art print, in case it is out of stock. I will also let you know how long a portrait painting commission may take or when a private bodypainting appointment will be available. That is when our contract is made. It is possible that the price may increase if you have additional wishes.

 

2.3. I may change these terms from time to time. The terms that apply to you are those posted here on My Website on the day you order Goods.

 

2.4. All descriptions, weights, and sizes of Goods are different. Please excuse me, in case there is sometimes a mistake based on confusion. My Websites are big projects, and sometimes mistakes can happen. In case of a wrong size or information, this will be double-checked right after your order and communicated with you. Be sure that I am here to answer your questions. Do not hesitate to get in touch via e-mail, phone, or via the Whatsapp Chat window on my main website: www.bella-volen.com

 

2.5. If the Goods you order are not available, my team or I will offer you alternatives before we despatch your order.

If this happens, you may: accept the alternatives we offer; cancel your order; wait till the order is possible and produced again.

 

2.6. If I owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event, no later than 30 days from the date of your order.

 

2.7. Your contract is with Bella Volen, not with other Artists Bella Volen may represent or sell in her gallery or bring to an event booking. You may not under any circumstances correspond with or communicate with my artists regarding sales of Goods, prices, bookings, returns, commissions or refunds.

 

Price and Payment

 

2.8. You must pay us the full price of your order before I or we will send any part of it.

 

2.9. Only commission works such as large paintings may be billed with 50% payment in advance, and 50 % after the work is finished. The shipping will be after the full payment has arrived.

 

2.10. Banking charges by the receiving bank on payments to us will be paid by us. You will pay all other charges relating to payment in a currency other than Euro.

 

2.11. Any details given by us in relation to exchange rates are approximate only and may vary from time to time.

 

2.12. You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.

 

2.13. You agree that you have provided and will continue to provide accurate, up-to-date, and complete information about yourself such as full name, address, and contact information, to get in touch with you. We need this information to provide you with the Goods and be sure the art delivery arrives at the location you gave us.

 

2.14. Deliveries will be made by the Carrier, which is best for the location you gave us, to the address mentioned in your order. You must ensure that someone is present to accept the delivery, or the delivery can be relocated to a post office or an official pick-up station partner of the delivery company.

 

2.15. If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.

 

2.16. We may deliver the goods in installments if the goods are not available at the same time for delivery. In such case we will communicate with you in advance.

 

2.17. Prices for delivery out of Austria, and out of the European Union may differ due to the different sizes of the artworks and changing Carrier fees for international shipping.

Returns and refunds

You may have a right of cancellation because you are buying the Goods from an online store or via an e-mail order. If you do, (and only if you do), these are the terms that apply:

 

2.18. All correspondence regarding the return of Goods shall be carried out between You and Me-Bella Volen. You may not contact Artist represented by Bella Volen and her gallery for any reason.

 

2.19. You must tell us you wish to cancel within seven (7) days after you receive the Goods. In these seven days, the artworks shall not be used at events, presentations, real estate promotional apartments and house staging for potential buyers. The artworks shall not be used in these 7 days for photo shooting, magazines, interior design presentations, of video, film, and tv productions.

 

2.20. You may not cancel orders for commissioned artworks.

 

2.21. You may cancel bodypainting vouchers within seven days after the order. In such case, you will receive the amount you have paid minus -20 € fees for the time invested in personalizing the voucher. Every gift voucher has the name of the presentee and a wish from the Client, who pays for it.

 

2.22. The Goods must be returned to Bella Volen within 14 days of delivery with both goods and all packaging in their original condition;

securely wrapped, including our delivery of original artwork wrapping material. The return is at your risk and cost. If the artwork is damaged on arrival, there will be no refund.

 

2.23. After Bella Volen or an artist she represents has received the Goods, we will credit your credit or debit card with the full purchase price of the goods returned no later than 30 days from the date of receipt.

 

2.24. We are under no obligation to collect or recover Goods from you, but if we do, our costs will be payable by you.

Force majeure

We are not liable for any breach of our obligations resulting from causes beyond our reasonable control, pandemic restrictions, natural disasters, strikes of printing companies where I order the art prints or Carrier employees.

Governing Law

This Agreement shall be governed by and construed in accordance with the law of Austria.

 

 

3 COMMISSION WORKS PROCEDURES

 

Basic description of commission work procedures followed by Bella Volen.

 

The scope of the work will be verbally discussed and agreed upon in principle.

Bella Vollen will provide the Client with a written description of the work and an estimate based on the written description.

The Client shall sign the written description and estimate and supply Bella Volen with a deposit.

After receiving the deposit, Bella Volen shall prepare and provide the Client with a document, namely a visual layout and sketches.

The visual layout and sketches document must be thoroughly completed and handled between artist and Client until it is clearly agreed upon and signed.

Once the visual layout and sketches document is approved and signed, Bella Volen shall provide the Client with an accurate proposal. (The accurate proposal will replace the initial estimate in terms of monetary value.).

Once the accurate proposal is approved and signed, Bella Volen shall provide the Client with a STANDARD FORM OF AGREEMENT BETWEEN CLIENT AND ARTIST

Once the STANDARD FORM OF AGREEMENT BETWEEN CLIENT AND ARTIST is agreed upon and signed, work will commence as indicated in the said document.

After the work is completed, the Client pays the second part of 50 % of the total sum. This payment shall be accomplished within seven days after the project is finished.

There may be an extra fee for additional wishes and changes.

For projects out of Vienna, Austria, accommodation, transportation and visas are paid by the Client.

 

 

Here one can find detailed information about the different commission areas and their terms and condition:

 

3.1 Different types of commission works

 

CANVAS PAINTING COMMISSION:

 

 - one package price for the entire canvas painting. One layout & one-time layout changes, the work and the materials for the painting are included in the price.

- extra fees for additional wishes and changes.

 - commission portrait paintings will be done either with high-resolution photos sent by the Client or photos Bella takes from the person who will be painted on canvas. Portraits would not be painted with low-resolution smartphone photos or blurry images.

- The painting will be protected with clear varnish, which could be matt or glossy.

- Bella will provide the Client with photos from the ready painting.

- The Client owns the painting, but Bella owns the copyright. The Client may not use the painting without a special agreement for art prints, promotional materials, etc.

Bella can paint in different styles and always does her best to come visually as close as possible to the Clients wishes and imagination.

- A canvas painting within a protected environment can last hundreds of years.

 

 

MURALS:

 

If the commission work is a mural, there will be:
- one package price for the entire mural. The work & the materials for the agreed-upon layout will be included.
- extra fees for additional wishes and changes
- accommodation & transportation costs if the location is out of Vienna, Austria
- based on the additional wishes and changes, there might be more material costs
- bad weather conditions might bring additional costs to protect the mural and the artist
- Bella does not paint murals when the temperature is below 17°
- Bella will provide the clients with photos from the ready project.
- Bella has the copyright of the created images. The clients have permission to use the photos of the mural only for purposes they have discussed with the artist Bella Volen.
- Images of the wall may be used for advertising & promotion when discussed in advance with the artist.
- The clients have no right to sell these images in digital or print form to third parties. 
- Bella Volen is not responsible for mural damages based on heavy weather conditions, mold, moisture in the wall, or  impairments caused by visitors or family members of the location.

 

 

ILLUSTRATIONS:

 

If the commission work is an illustration, there will be:
 - one package price for one illustration. The work & the materials for the agreed-upon description of what an illustration has to include will be included.
-Illustration stages: discussion about the style, design, details, and elements involved in the illustration; drawing of the illustration; discussion of the drawing. If everything is fine, the drawing will be painted. The painting can be with watercolors, acrylic, ink, or digital.
- extra fees for additional wishes and changes will be applied—they differ based on the difficulty and size of changes. 
-Suppose the Client wishes a realistic portrait as an illustration, or realistic buildings, locations, area views. In that case, the Client has to provide the Artist-Bella Volen, with the reference photos in the best possible resolution. If a Client has no time or desire to give the images of places and people Bella has to paint, there will be an extra research fee to be paid by the Client. 
-If a Client books a large project with many illustrations, Bella can provide a module list with different example prices: Modul 1: one figure in action, Modul 2- one simple building, Modul 3: one complicated building, Modul 4: one animal, Modul 5: nature landscape, Modul 6: cityscape, etc. The example prices sent in advance will differ at the end in two directions: 1- how complicated was the illustrations, 2-what are the illustrations for, 3-if they are for print, how large is the printing edition. 4- How long will the illustrations be used. 5- Will they be used in Europe or Worldwide. 6-Will the illustrations be reused for other projects.

 

BODYPAINTING:

 

There are a few types of bodypainting commissions:

 

• Bodypainting transformation on models/performers for commercial shootings (advertising, film, cd cover, book cover, documentary)

• Bodypainting transformation on models/performers for events (trade show, exhibition & museum openings, product presentations, fashion shows, tv shows)
• Guests bodypainting: In this case, Bella will paint based on the visitor's wishes and apply beautiful small elements such as painted jewels, patterns, flowers, crystals, tribal designs on their body.
• Private bodypaintings

There will be a conversation with the Client to collect information on the project's goal, event details, target group, a message to be transmitted, style, and artistic direction. If the bodypainting shall be with water-based colors, or with special products for underwater painting, or extensive dancing & sweating of the performer. Other options are the UV bodypainting colors, which glow under UV Light. One more option is Bella's paintloons; this is a combination of painted modeling balloon costumes and bodypainting. An event body painting can also include painted company logos on the model’s skin.

There will be one package price for the entire project. The work & the materials for the agreed-upon layout will be included.

There might be extra fees for additional wishes and changes

The Client will cover accommodation, transportation costs, visas, model-performer fees, special underwear, or costumes the model has to wear (based on the Client's even ideas and wishes)

Bella Volen uses only professional high-quality bodypainting products created for the human skin.

Bodypainting is physically exhausting for the model and the Artist. For events abroad, the Client has to provide the Artist and the model with enough time to create and enough time to sleep if it is a few days event.

Based on Bella's international experience, some Clients want projects to start in very early mornings or late at night. Working times, which are out of the comfortable human working phase, will have additional fees. Comfortable working time is for Bella's case: from 8:00 am till 11:00 pm. Working hours before 8:00 am and after 11:00 pm will be paid extra.

If the Client wishes not Bella, but another photographer for the bodypainting, then the Clients and the photographer agree on shared copyrights. The photographer has fewer copyrights, and the way the percentage is divided can be discussed. The photographer has no rights to sell the images without Bella Volen's approval.

For event bookings, the Client will provide:

 

• Enough space for Bella to paint (to be discussed in person);
• A large table, or two tables for Bella's materials;
• Pleasant room temperature for an almost naked model. The model always wears underwear. In the wintertime, a heater shall be there in case the model is called. In the summertime, one fan will be good if the model is too hot and may faint because of temperatures above 30 degrees.
• Good light, if the place is dark and the Client has no extra lights and no chance to prove better light, Bella needs to be informed to prepare light in advance.
• Bella needs to know if the models can take a shower at the location or if the Client can provide another place with a shower and warm water for the models. If there is no shower option, the Client has to provide the model with a driver or a taxi to their home or hotel.

If the Client organizes the models (not Bella), the Client has to connect the models/performers and Bella in advance. Bella has to communicate with them and inform them about everything they need to know and pay attention to before they get painted and arrive at the location. The models have to be very fit, healthy, strong, shaved, and with normal blood pressure. The models shall sleep well and have food before they get painted. This has to do only with the long hours of standing and their blood pressure & blood circulation. The models have to be fully aware of the project and what is planned. Bella prefers to work with experienced, patient, and easy-going performers. Yogis, dancers, athletes, actors & actresses, martial artists are the best models for bodypainting.

 

 

Bella can gladly organize the entire team of performers and helping hands.

Standart private bodypaintings

The Client, in this case, is also the model. The Client/Model will be informed about everything necessary in a personal conversation and later on via e-mail with the written information.

The Client/Model can book 4 different packages:

 

1: Bodypainting for 1 person, including the bodypainting, photo shooting, photo editing, ready images, and an art print in different possible sizes.

 

2: Bodypainting for 2 people, including the bodypainting, photo shooting, photo editing, ready images, and an art print in different possible sizes.

 

3: Bodypainting for an event where the Client will appear.

 

4: Bodypainting at an event location for the guests of the Client.

The Client/Model agrees that the images from the bodypainting will be used only for personal private goals, family albums, hanging them on the wall. The Client/Model may not produce multiple images and sell them or use them as business promotion.

The Client may print the final work only for themselves or give another copy as a gift to the parents.

The Client may not create multiple prints for friends.

If the Clients wants multiple prints and to use it as a promotion, then it is a business booking and will be charged in a different way.

 

CANCELLATION FEES

 

If the Client(s) should have to cancel and not change the date of a booking, the following cancellation fees will become due immediately upon said cancellation:

Booking cancelation more than two weeks to go until the booked day: 30 % of the total amount.

For a cancellation with less than two weeks to go until the booked day, 40 % of the total amount.

A Cancelation with less than one week to go until the booked day is 50% of the total amount.

Three days before the booked day, a full price for the complete photographic coverage is booked.

Changing the date is a better option. Please get in touch on time.

 

PHOTOGRAPHY commissions with Bella Volen:

 

COPYRIGHT

 

Bella Volen as a photographer for normal beauty / business / or content photos, has the copyright of the photos. Bella Volen also has the full copyright in cases of a combination between her painting, bodypainting, and her photography.

 

DISPLAY

 

The Client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums, etc.

 

CREATIVE LICENSE, COVERAGE, AND REPRODUCTION

 

Photographs taken during the booking will be at the photographer's discretion. I will make every effort to comply with the Client's requirements.

Special requests are not binding instruction. I will do my best to comply with the Client's wishes. The Photographer/s will do their best to honor the requested photographs but do not undertake to guarantee any specific picture. Photo backgrounds will be prepared based on the Client's wishes.

Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs. The colors may also appear different on diverse digital devices and screens.

 

Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.

 

PAYMENT

 

The payment can be made as:

50 % of the total amount in advance and the second half of 50 % on the day of the event.

The total amount in advance.

The total amount on the day of the event.

The prices depend on the booking size and if the photos are for private or professional use.

 

FORCE MAJEURE

In the very unlikely events of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.

The photographer will endeavor to put the Client(s) in touch with another photographer, who will be able to complete the booking.

 

PERSONAL ACCIDENT

Any directions issued to clients, their guests, or employees during a photographic shoot are deemed to be at said person's own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.

 

CANCELLATION FEES

 

If the Client(s) should have to cancel and not change the date of a booking, the following cancellation fees will become due immediately upon said cancellation:

Booking cancelation more than two weeks to go until the booked day: 30 % of the total amount.

For a cancellation with less than two weeks to go until the booked day, 40 % of the total amount.

A Cancelation with less than one week to go until the booked day is 50% of the total amount.

Three days before the booked day, a full price for the complete photographic coverage is booked.

Changing the date is a better option. Please get in touch on time.

 

DELIVERY

The photographer will endeavor to deliver the digital files as quickly as possible. However, this could take up to 4-6 weeks during busy periods.