I, as the Seller, am NOT responsible for any import or customs fees that might occur depending on your, the Customer's, country's VAT laws.

Your ordered items will arrive in a package with the SENDER label stating my full name "Kristyna Konieczna", NOT my artist name "tyiart" - please take this into account to prevent confusion.
_{- It is not my fault that the package was returned to sender because the customer didn't pick it up. See "refunds" section for more.}

In case of an order of a regular item in stock that is NOT marked as "MADE TO ORDER", the average processing time is 1 to 5 days after the order has been placed.

In case of an order that contains a "MADE TO ORDER" item, the average processing time can vary from 1 to 7 days after the order has been placed.

All orders are shipped from Czech republic. I ship worldwide, except Germany, due to the German Packaging Act.
_{- If my shop seems not to let you order to your location, please contact me.}

By default the order is sent by priority mail accompanied by a tracking number.
<sub>- In case of an Etsy order, your tracking will be visible on the "Purchases and reviews" page.
- In case of a Ko-fi order, this website does not offer an option to enter a tracking number for the customer. If you wish to obtain it, please message me on Ko-fi or any socials with your name and date of ordering so I can send the tracking number to you. Members of my Ko-fi Membership will always get their tracking number messaged automatically.</sub>

For purchases within Czech republic the delivery is provided by the Czech post. In case of purchase outside of Czech republic, packages are handed over by Czech post to your country's delivery carrier. I am unable to predict which delivery carrier will be used in each country.

Average delivery time by country:
<sub>- Czech republic - 1 to 5 days
- EU - 3 to 14 days
- All non-EU - 2 to 4 weeks</sub>

The average delivery time can vary depending on the current carrier busyness due to holidays and other events, COVID-19 delays or weather delays.

I, as the Seller, am responsible for the package before I hand it to the delivery carrier (Czech post). I am not responsible for:
<sub>- Incorrect address entered by the Customer at the time of purchase;
- Customer not being informed by their local post office after the package had been deposited;
- Foreign delivery carrier (USPS etc.) negligence or mishandling;
- Unforeseen causes, such as natural disasters;
- Delays in shipping due to COVID-19 and other causes that are out of my hands.</sub>

If you haven't received your package within 6 months, please contact me.

You, as the Customer, are eligible for a full refund:
_{- If the package hadn't been shipped at the time of the refund request;}

You, as the Customer, are eligible for a partial refund (without the shipping fee):
<sub>- In rare occasions where the package had been lost or returned to sender, with a clear indication of it on the official Czech post website;
- If you hadn't picked up the package at the local post, therefore it was returned to sender and you do not wish for me to re-send it.
- If the package had been seriously damaged during the delivery - sufficient photos are required, exceptions apply.</sub>

Unfortunately, due to the nature of international shipping I do NOT accept returns, exchanges or cancellations, and I will NOT issue a refund:
<sub>- If you change your mind after the package had already been shipped;
- If the package had been shipped to an old or wrong address due to your negligence in updating your correct address, or due to en error in address that you have entered.</sub>

You will receive digital rewards if you join the Fairy, Pixie, Witch, Mermaid or Vampire tier. By joining any of the mentioned tiers, you also obtain access to all previously posted digital rewards. These can be found in the "Member only" shop section.

Currently offered digital rewards are:
<sub>- Phone and desktop wallpapers (PNG format)
- Coloring pages (PNG format)
- Step-by-steps of some of my artworks (PNG format)
- Art tutorials or art advice showing specifically how I learned to draw (blog post or PNG images)
- Experimental stationery items including but not limited to calendars, planners and notepads (available depending on what I am currently working on, therefore not posted every month, PNG format)
- Early access to printable files of stationery items including but not limited to calendars, planners and notepads that are about to be released</sub>

Digital rewards are posted on Ko-fi freely as the month goes. There is no schedule for them nor a fixed amount that will be posted every month.

At the end of every month, all of the digital rewards posted for this month are put together into one listing in the Ko-fi Shop for easier access.

You will receive physical rewards if you join the Pixie, Witch, Mermaid or Vampire tier. By joining any of the mentioned tiers, you begin to receive your mail starting with the theme of the current month you pledged in. You will NOT receive any of the past months' physical rewards.

Currently offered physical rewards are:
<sub>- Pixie tier: art print, A6 size, printed on velvet matte paper, 230 gsm
- Witch tier: sticker sheets and individual stickers, printed on vinyl glossy or matte paper
- Mermaid tier: A6 art print + sticker sheets OR individual stickers + extra item including but not limited to a bookmark, cards deck, extra print, memo sheets, washi sample, etc., depending on current theme
- Vampire tier: A5 art print + a sticker sheet + large sticker OR 2x sticker sheet + 2 extra items including but not limited to a notebook, bookmark, cards deck, extra print, memo sheets, washi sample, etc., depending on current theme.</sub>

The amount of stickers in the sticker pack and the type of vinyl used depends on the current theme.

You can purchase remaining items from past themes in my Ko-fi Shop, "Member only" section. If a certain theme is not listed, it is not available anymore.

The aim of the Loyalty card project is to give Ko-fi members an opportunity to obtain free goodies for their continuous patronage.

Every member now receives a Loyalty card either with their first shop order as a member, or with their first membership mail - whichever happens sooner.

The Loyalty card contains space for twelve (12) Loyalty stickers. For every order of at least €10 (item value amount, excluding shipping), the member obtains one (1) Loyalty sticker. The minimum order amount has been set due to Paypal fees that make small orders nearly unprofitable.

It is the amount of orders that's the main goal of the Loyalty card, therefore each order generates maximum of one (1) Loyalty sticker, even if the order amount exceeds €20.

Even though every new member will be sent a Loyalty card when eligible, it is the member's choice whether they will choose to participate and start filling in their card with stickers or not.

It is the member's responsibility to notify me after they hit a milestone and wish to obtain the reward. Members can notify me by sending me a photo of their Loyalty card via direct message on Ko-fi, Instagram or Twitter. The free reward will then be shipped to them with their next membership mail or a shop order.

After the member ceases their membership, they will no longer receive any new Loyalty stickers with their shop orders as a non-member. If the ex-member chooses to resume their membership, they will start receiving Loyalty stickers again as previously mentioned along with a new Loyalty card. However, they may choose to resume filling in their old Loyalty card instead.

In case of a lost Loyalty card with several stickers on it, the member is to notify me and let me know how many stickers they had on it at the time of loss. If the member has an account on Ko-fi, I can check the order history and review it, and send the new Loyalty card with the correct amount of stickers. If the member does not have a Ko-fi account, I have no way of reviewing the order history, therefore I can only send a new Loyalty card, but no Loyalty stickers.

Every month you will receive a collectible card if you join any of the physical-reward tiers - Pixie, Witch, Mermaid or Vampire. The cards are limited to Ko-fi membership only. They are signed and numbered.
<sub>- Each month you keep your pledge, you will get a random number, and you have a chance to obtain the rare card covered in holographic effect.
- A higher tier does not grant you higher chance of obtaining the rare card - it is completely random!</sub>

You will receive a 10% discount on my entire shop if you join the Mermaid or Vampire tier. This means that every time you place something from my shop into your cart, the discount will be automatically applied to your order amount.

You will receive a 15% discount on commissions if you join the Vampire tier. This means every time you request a commission, I will apply this discount on your commission total.

I ship worldwide, with the exception of Germany due to the German Packaging Act.
⚠️ _{If you are a person residing in Germany, you can still join any of my tiers not containing physical rewards. If you join any physical tier, you will be asked to cancel your pledge as the shipping cannot be arranged.}

For most tiers, physical rewards are shipped by standard untracked mail (as a letter) to keep the cost low.
_{- Tracked shipping is provided to the Vampire tier exclusively, and is included in the tier price. Members of this tier get their tracking number messaged every time their rewards are shipped. For the Mermaid tier, tracked shipping may be arranged if communicated prior pledging.}

The physical rewards are being sent after the pledges had been received.
<sub>- Early pledges: If you pledge before the 20th day of the month, your rewards will be shipped around the 20th day of every month you keep your pledge.
- Late pledges: If you pledge after the 20th day of the month, your rewards will always be shipped at the end of the month (unless you change your pledge to an earlier date).</sub>

The items are wrapped in cello bags to prevent getting wet during delivery, and decorated with silk paper and stickers and/or ribbons.

The items are shipped from Czech republic. If you reside inside the EU, your mail should arrive within a week. If you're from outside of EU, your rewards might take up to a month to arrive.

Due to my country tax regulations for self-employment I am obliged to record which part of the world is my income coming from, this is why I require every member's address even from tiers that don't have physical rewards.

Your monthly mail can be sent along with your shop order if you message me right after placing an order. This does not make you eligible for any shipping fee refund from the membership pledge, as it only servers as a way to have your membership mail sent by faster priority mail with tracking. It can also be used as a "cheat" way to receive the current mail faster than others, however keep in mind that you must have had paid the membership pledge for the current month before the order.

The Artist reserves the right to reject, cancel or stop working on a Commission in case of rude/inappropriate behavior, poor communication, breach of these Terms of Service, in case the Artist is not comfortable with the idea/concept of the request or the Commissioner provides insufficient reference.

The Artist has the right to alter the Terms of Service at any time. New rules will not apply retroactively and won't influence orders started on older terms.

By requesting a commission, the Commissioner agrees to respect the Artist's art style, meaning they will not ask to amend the color palette and the style of line-art. The Artist will not copy any other artist's art style.

The Artist will not accept a Commission that contains male characters, animals (exceptions may apply) and furries, mecha, armor, pornographic and sexual themes, action poses, difficult perspective, fetishes, or any form of hateful, racist or gory themes.

The Artist is able to draw female or feminine characters including real people or original characters, illustrations of small objects (exceptions may apply), demonic and fantasy characters, pin-up and simple sitting, laying or squatting poses.

The Commissioner must provide sufficient image reference to the Artist, otherwise there is a high chance of the request rejection.

The Artist reserves the right to turn down any Commission request that is of Not Safe For Work (NSFW) nature or generally makes them uncomfortable, even if it appears to adhere to these Terms of Service.

The payment is made via Paypal or Stripe invoices.

All prices are expressed in EURO (€), and Paypal payments are expected to be made as such. The Stripe invoices come in Czech Crowns (CZK) converted from EURO with the exchange rate of the respective day.
_{⚠️ Cryptocurrencies are NOT accepted as payment.}

All invoices are due within 7 days from receiving them, unless agreed otherwise. Invoices past the due date will be cancelled along with the Commission request. The Commissioner will be notified of this fact.

The initial sketch is provided to the Commissioner for free with a watermark. Any further edits to this sketch require the Commission to be fully paid.

After the Commission has been paid, generally no refund can be made, with exceptions including but not limited to:
- <sub>While working on the Commission, the Artist realizes the request is outside of their skills/experience and they will not be able to execute the Commissioner's idea in the best quality.
- Any Artist's personal reasons that arise in the middle of the Commission process, preventing them from continuing to work.</sub>

The Artist is available to work on a Commission from Monday through Friday from 8 AM to 5 PM CEST, occasionally at random times during weekends if possible and required. These time frames may vary depending on amount of workload around the Shop and Memberships, which are always a priority.

After sending the Commission request, the Commissioner will be provided with a watermarked sketch free of charge. It usually takes a few business days for the Artist to respond to a Commission request.

The Commissioner is to review and either accept and ask to proceed, or reject and cancel the Commission. During the sketch phase it is critical to capture all major points such as the correct pose of the body, head and hands, general idea of the clothing and hairstyle, and in case of complex background Commissions the position of background elements.

If the Commissioner accepts the initial sketch and wishes to continue, the Artist sends them an invoice. The invoice must be fully paid before the Artist can continue working on the artwork.

The next stage the artwork is revised at is the finished lineart. The Commissioner asks for edits or approves it, allowing the Artist to start the coloring stage (if the commission is of the "Full Color" type).

After the artwork is colored, the Artist shares this final version with the Commissioner. The Commissioner may ask for minor edits that don't interrupt large line-art patches, such as color changes or placement of small elements (butterflies, sparkles, etc.). The figure pose cannot be changed anymore.
_{- The Artist decides if the requested edits are small enough to be free, or there is a need for the Commissioner to pay a fee. If the requested edits would generate a fee, the Artist notifies the Commissioner before they start with the edits, so the Commissioner can decide whether to proceed or not.}

After the Commissioner is satisfied with the Commission, the Artist sends the high resolution file to the Commissioner's email. By doing so, the Commission is considered to be closed and any further edits asked by the Commissioner after this point will be charged.

The Commissioner has the right to ask for work-in-progress updates whenever they need, however it is recommended to use the Waitlist on Trello to track the order's progress.

Generally there is no clear estimate on how long will each Commission take. The Commissioner will always be notified of the approximate time frame until the next stage.

If there are more commissions in the queue (see Waitlist), the Artist decides which Commission they will work on first depending on convenience. The fact that a Commission had been started first does not mean it will be finished first (some take longer than others, require more details and/or edits, or some correspondences take longer).
⚠️ _{This can be overridden if the Commissioner pays the "Rush fee" (see "fees"), which means the Artist will finish this Commission with a priority and as soon as possible.}

Each Commission type has its own default format, unless agreed otherwise:
- <sub>The Full body Commission type is made on canvas sized 3508 x 2480 px (A4), PNG image, 300 dpi.
- The Portrait Commission type is made on canvas sized 2480 x 1748 px (A5), PNG image, 300 dpi.
- The Complex background Commission type is made on canvas sized 3508 x 2480 px (A4), PNG image, 300 dpi.</sub>

All communication during the Commission process is expected to happen via the same platform the request had been sent on - either respective social media, or in case of the form submission - via Email, unless agreed otherwise.

The final Commission file will be sent as a PNG image. This file must be sent via Email, as social media generally don't allow sharing high resolution files.

The Commissioner may ask for physical print of the artwork in A6, A5 or A4 format. This print is made of smooth matte paper, 230 gsm.
<sub>- In case of an A6 print, the artwork can be sent free of charge by untracked stamped envelope (internationally).
- In case of the A5 or A4 sized prints, the Commissioner must pay the print and the tracked shipping fee (price varies by country), which will be provided by the Artist upon request.</sub>

By commissioning the Artist, the Commissioner is purchasing their labor only. The Artist retains all rights to the commissioned artwork, which includes but is not limited to the reposting, display and use of the artwork for Artist promotion, unless previously otherwise agreed on.

The Commissioner may repost the commissioned artwork at will as long as the Artist is properly credited (must include the Artist's artist name "tyiart" and/or a link to the Artist's social media accounts). In case of use of the commissioned artwork on Twitch etc., the Commissioner must credit the Artist visibly in a separate "Artist" panel or as agreed otherwise.

The Commissioner may use the digital file for local printing, avatars, screen wallpapers, etc., as long as there is no profit being made from it.

The Commission is for personal use only. The Commissioner is prohibited from reselling or using the artwork for redistribution and external projects, commercial or non-commercial, i.e. t-shirts, mugs, public flyers, etc., unless previously agreed on.

The Commissioner is strictly prohibited from using the commissioned artwork in any blockchain-related technology, to include NFTs, cryptocurrency or any future inventions in the space.

The Commissioner may NOT edit, alter or trace the commissioned artwork without the Artist's expressed, written permission.

The Commissioner may NOT remove the Artist's signature or claim the artwork as their own.