General Conditions of Sale (GCS) – Dilya's Art

Last updated: February 18, 2025

Welcome to the Dilya's Art website. These General Terms and Conditions of Sale (GTC) are intended to govern the contractual relations between Dilya's Art and any person making a purchase via our online store. By placing an order, you unreservedly accept the terms of these GTC. We therefore invite you to read them carefully before placing any order.

By placing an order on the site, the Customer acknowledges that all products offered are personalized as long as they include a design and accepts that returns or exchanges are only possible in the event of a defective product or one that does not conform to the order.

Access to and use of the site implies full and complete acceptance of these General Terms and Conditions. We therefore invite each Customer to read them carefully before finalizing an order.

____________________

1. Purpose

Share information about your brand. Describe a product, share announcements, or welcome your customers to your store.

2. Products and Services

2.1 Nature of the Products

The products available on Dilya's Art are unique artistic creations, designed and illustrated by the artist Dilya . Our shop offers a wide range of personalized items, such as clothing, accessories and decorative objects, each adorned with an original illustration or drawing.

All of our products are made on demand, meaning they are not held in inventory but printed specifically for each order. To ensure the highest quality, we work with specialized suppliers like Printful and other suppliers selected for their printing and production expertise.

The creations sold on Dilya's Art can be:

  • Original designs entirely imagined by the Artist, without external intervention.
  • Works inspired by ideas submitted by clients and/or visitors , which the Artist adapts while respecting his style and artistic vision.

⚠️ In any case, each product offered contains a specific design and cannot be considered a blank or standard item.

The Artist retains complete creative freedom to interpret the ideas proposed to him, ensuring to respect the visual harmony and artistic identity of Dilya's Art. Furthermore, no exact reproduction of an existing work will be made in order to preserve copyright and intellectual property.

Finally, due to the artisanal nature and the printing process used, slight variations may exist between the digital preview and the final product, in particular depending on the chosen support and the printing techniques applied.

2.2 Customization of Products

We offer the possibility to customize a large part of our suppliers' products [ See section "3 Submission of ideas and Personalized Creation" ]. You can submit your ideas for unique creations via our contact form.
Each idea will be interpreted with the artistic freedom of the artist, while respecting technical and creative constraints. Please note that, although we respect your ideas as much as possible, Dilya's Art retains exclusive ownership of the copyright on custom creations.

2.3 Limits of Liability

Due to the made-to-order nature of our products, there may be minor differences between the visuals shown on the site and the final product. These variations may involve color, texture, or other details related to the printing or manufacturing of the product. We make every effort to ensure that each product accurately reflects the quality and visual appearance we present.

Furthermore, we cannot be held responsible for errors due to incorrect or incomplete information provided by the customer when ordering. It is therefore important to carefully check your information before confirming your order.

3. Submission of Ideas and Custom Creation

3.1 Submission of Ideas

On Dilya's Art , we offer our customers the opportunity to submit their ideas for custom creations. Whether it is a specific concept or a general inspiration, you can send them to us via our contact form or any other means mentioned on the site.

When submitting an idea, the client acknowledges and accepts that:

  • It grants Dilya's Art the artistic freedom to interpret, adapt and transform its concept into a unique work.
  • The client may not claim any copyright or intellectual property rights over the final creation resulting from his idea.
  • Dilya's Art remains the sole owner of the reproduction and distribution rights of the works created.

Submitted ideas must be clear and respectful of the values ​​of Dilya's Art , that is to say without offensive, discriminatory or illegal remarks.

3.2 Validation and Modifications of Ideas

Once your idea is submitted, Dilya's Art is committed to supporting you from A to Z throughout the creation process until the publication of your work on the online store. You will be regularly informed of the progress of the creation and will have the opportunity to request adjustments or modifications at each stage of the process.

It is important to note that any significant modification or substantial change to the creation, requested after each validation step, could result in an extension of the production time. We strive to meet deadlines, but many modification requests or complex adjustments may require additional time to ensure a quality rendering.

Dilya's Art undertakes to:

  • Respect the ideas submitted as much as possible while maintaining creative freedom to guarantee a harmonious and artistic result.
  • Support the customer throughout the creation process by offering personalized follow-up until the product is published in the store.
  • Adapt concepts or characters to respect copyright and avoid any infringement.
  • Inform the client of any substantial modification deemed essential to the development of the work.

3.3 Limits and Refusal of Creation

While we endeavour to implement all ideas submitted, Dilya's Art reserves the right to refuse an order or modify an idea in the following cases:

  • If the inspiration provided infringes intellectual property rights (eg: characters licensed without permission).
  • If the application is deemed contrary to the brand's values, i.e. containing offensive, discriminatory or illegal elements.
  • If the technical or artistic feasibility does not allow a faithful version of the idea submitted to be produced.

In these cases, we will inform the customer as soon as possible, and an alternative solution may be proposed. This solution may include changing the idea or canceling the order.

3.4 Submission of Ideas: Free and Without Obligation to Purchase

All idea proposals submitted through our form or any other means made available on our site are completely free and voluntary . By submitting an idea, the customer is in no way obliged to purchase a product or take any purchasing action, even after submitting the idea.

Submitting an idea does not constitute a commitment to purchase, either before or after the creation of the work. This process does not imply any contractual obligation between the client and Dilya's Art. The Artist reserves the right to accept or refuse any idea proposal, without this entailing any obligation to purchase or financial compensation.

3.5 Cancellation or Change of Mind for an Idea

Clients may cancel their idea request at any point during the process, without any obligation or consequences . However, if the Artist finds the idea inspiring and wishes to develop it, she reserves the right to realize it independently.

In this case, all rights related to the creation will be fully transferred to Dilya, who will be able to modify, adapt or rethink the idea according to her artistic vision, without obligation to credit or associate the client with the final work. The resulting creation will then be considered an original work of Dilya, free to be commercialized, published or used at her discretion.

Dilya is committed to reworking the initial idea so that it is not a simple reproduction of the original request. Some elements may be kept (such as the general composition), but adjustments will be made to ensure a unique and personal interpretation.

4. Order

4.1 Order Process

The ordering process on Dilya's Art is simple and takes place in several steps:

  • Product selection : The customer chooses the products available on the online store.
  • Adding to Cart : Once the products are selected, they are added to the shopping cart.
  • Order Validation : The customer provides their delivery and payment information before confirming the order.
  • Secure payment : The transaction is carried out via the payment methods available on the site.
  • Order confirmation : A summary email is sent to the customer once payment has been validated.

4.2 Modifications and Cancellation of Order

Before confirming an order, we encourage customers to carefully check their selection and delivery information.

  • Modification : Once the order is placed, any modification request (change of address, error correction, product adjustment) must be made as soon as possible by contacting our customer service. We will do our best to apply it, but it will depend on the status of the order.
  • Cancellation : Cancellation of an order is only possible if it has not yet been put into production or shipped. If the cancellation request is made too late, we will not be able to refund or modify the order.

4.3 Availability and Manufacturing of Products

The products offered on Dilya's Art are provided by suppliers who specialize in shipping and other services. The artist then personalizes each product before adding it to the store. Each item is made to order, which means that we do not maintain permanent inventory. All products are created on demand and shipped directly from our suppliers.

Product availability may vary depending on demand and technical production constraints. In the event of temporary unavailability or delay in manufacturing, the customer will be informed as soon as possible and will be able to choose from the following options:

  • A modification of the order with an equivalent product,
  • A credit for a future purchase,
  • A full refund.

If a supplier cannot offer an alternative due to a stock shortage or the discontinuation of production of a specific medium, Dilya's Art cannot guarantee a replacement solution. In this case, a refund will be made if no satisfactory alternative is found.

Dilya's Art also reserves the right to remove or add new products at any time, without notice, in order to adapt its catalog to artistic and technical developments.

5. Price and Payment

5.1 Display of Prices

All prices of products available on Dilya's Art are indicated in euros (€) and are exclusive of taxes , in accordance with our status as an individual entrepreneur exempt from VAT (article 293 B of the General Tax Code). This means that VAT is not applicable or charged to customers.

The prices displayed on the site do not include delivery costs, which are calculated separately when finalizing the order depending on the chosen shipping method and the destination.

5.2 Accepted Payment Methods

Dilya's Art offers several secure payment methods to facilitate your purchases:

  • Bank card (Visa, Mastercard, American Express)
  • PayPal

Any other payment method that may be added later and indicated on the order page

All payments are processed through secure platforms, ensuring confidentiality and protection of customers' banking data.

5.3 Securing Payments

The Dilya's Art website is hosted by Shopify , an e-commerce platform recognized for its reliability and security. All transactions made on the site are protected by advanced encryption systems .

Payments are processed through Shopify Payments and PayPal , ensuring transaction security and preventing fraudulent use of banking information.

5.4 Payment Validation

Any order is taken into account and processed only after confirmation of payment . In case of refusal or failure of payment, the order will not be validated and no product will be sent.

5.5 Billing

An electronic invoice is sent by email after validation of the order. In accordance with our VAT exemption status, invoices do not include any mention of VAT.

5.6 Delay or Refusal of Payment

Dilya's Art reserves the right to suspend or cancel any order in the event of non-payment, banking dispute or suspected fraud . In the event of a problem encountered during payment, we invite you to contact us quickly to find a solution.

6. Delivery

Delivery information, including delivery times, geographic areas served and available options, is detailed in our shipping policy . We invite you to consult this section to obtain all the necessary information regarding the delivery of your orders.

7. Right of Withdrawal and Returns

As a creator of personalized products, Dilya's Art applies specific rules regarding withdrawal and returns. As soon as they are published on our site and put on sale, our products are considered personalized, because they already include a design created by Dilya.

7.1. Right of Withdrawal

In accordance with the legal provisions in force, you have a right of withdrawal of 14 days after receipt of your order to inform us of your wish to cancel the purchase, except for personalized products.

However, as all our products are made to order and feature designs created by Dilya , this right of withdrawal does not apply to personalised products, except in the case of a defect or obvious error in the personalisation carried out.

7.2. Product Returns

Since our products are manufactured and shipped directly by our supplier partners such as Printful, return or exchange requests should be made directly to these suppliers .

We recommend that you consult their respective return policies, as they may differ depending on the type of product, customization or circumstances. Here are the steps to follow to make a return:

  • Contact the supplier directly : You should contact the relevant supplier via the contact details provided on their website or specific return policy.
  • Follow supplier's terms : Each supplier has its own return policies, which may include specific time frames, products eligible for return, and associated fees.
  • Returns accepted only in case of manufacturing defect or error : As stated in our conditions, personalized products are only eligible for return in the case of a customization error or manufacturing defect. In all other cases, returns will be refused.

If the supplier accepts your return, the return costs and management of the process will be borne by the customer, unless the product is defective or incorrectly personalized.

We encourage you to check each vendor's specific return policies before making a purchase to avoid any confusion.

7.3. Products Not Eligible for Return

Due to the personalized nature of our products, products cannot be returned or exchanged , except in cases of manufacturing defect or obvious error in customization. This includes:

  • Products that have been specifically manufactured or customized at the customer's request (including with illustrations, texts or any other element modified according to the customer's preferences).
  • Products validated by the customer when ordering, regarding size, design or customization, cannot be returned or exchanged simply due to a change of mind or personal dissatisfaction.
  • Any return or exchange request regarding personalized products that are not defective will not be considered, due to their unique and custom-made nature.

These products are considered personalized goods , and in accordance with the provisions of article L121-21-8 of the Consumer Code, they are excluded from the right of withdrawal once the order has been validated and the product manufactured.

7.4. Return and Refund Process

If a return is accepted by the supplier, here is the process to follow:

  • Contact the supplier directly : You must first contact the relevant supplier (e.g. Printful) within 14 days of receiving the product to report the issue.
  • Provide a detailed description of the defect or error : You will need to provide the supplier with a detailed description of the defect or error, along with photos if necessary.
  • Follow the supplier's instructions : The supplier will tell you what steps to take to return the product.
  • Supplier Verification and Decision : After receiving and verifying the returned item, the supplier will proceed with an exchange or refund, depending on their policy and your choice.

Return costs will be borne by the customer, unless the product is defective, incorrectly customized or the error is on our part. In this case, the supplier will bear these costs.

We encourage you to carefully review each vendor's return policies before ordering, as conditions may vary.

7.5. Exclusion of the Right of Withdrawal

Under Article L121-21-8 of the French Consumer Code, personalized products cannot be returned or exchanged except in the event of a defect or non-conformity. This includes all products made specifically for you, including those personalized with a design, text or any other specific modification requested.

8. Warranty

8.1 Product Warranty

The products sold on Dilya's Art are custom, made-to-order artworks. As such, each product is unique and made specifically for each customer. We strive to ensure the quality of all our products. However, since our products are manufactured by external suppliers, such as Printful and other specialized partners, the applicable warranty depends on the terms of each supplier.

8.2 Defective Products or Manufacturing Errors

If you receive a defective product or the product received does not match your order (e.g., customization error or damaged product), we encourage you to immediately contact the applicable vendor (e.g., Printful) to report the issue. Each vendor has a return and replacement process in case of manufacturing defect or error.

We are committed to guiding you through the vendor claims process to ensure your request is processed quickly.

8.3 Warranty Exclusion

Customized products are not covered by warranty in the following cases:

  • If the product has been damaged due to mishandling or improper use after receipt.
  • If any errors were made by the customer when submitting the idea or customization (e.g. text, design or image errors).
  • If the product has been used beyond its normal life or for a use other than that for which it was designed.

8.4 Duration of the Warranty

Warranties offered by suppliers are generally valid for a limited period, often 14 days from receipt of the product. For more details on warranty duration or specific conditions, we encourage you to consult the warranty policies of the suppliers of each product directly.

9. Purchase Responsibility

9.1 Limitation of Liability of Dilya's Art

Dilya's Art makes every effort to offer its customers quality products that meet expectations. However, due to the nature of online sales and the production of custom products, Dilya's Art's liability is limited to the obligations specified in these General Terms and Conditions of Sale.

We will not be liable for any indirect, special or incidental damages arising from the use of our site or the purchase of products, such as loss of profits, data or business opportunities, unless these are directly related to our negligence or a proven manufacturing defect.

9.2 Order or Customization Errors

Order errors (e.g. errors in the shipping address, personalization information or any input errors) are the responsibility of the customer. Dilya's Art cannot be held responsible for errors made when submitting the order. We recommend that our customers carefully check all information before finalizing their order.

9.3 Supplier Issues

Since the products are manufactured by third-party suppliers, Dilya's Art cannot be held responsible for any failures or delays in the manufacturing or shipping process from these suppliers. Manufacturing and shipping times depend directly on these partners, such as Printful or other specialized suppliers.

In the event of a defect, manufacturing error or any other anomaly in the products supplied by our partners, we undertake to facilitate the return or exchange process according to the conditions defined by the suppliers.

9.4 Delivery Problems

Dilya's Art strives to work with reliable delivery partners. However, once the package has been shipped, Dilya's Art's liability is limited to the transport services of our partners. We cannot be held responsible for delays or delivery errors due to third-party providers, such as carriers.

In the event of a delivery problem (incorrect address, lost package, etc.), the customer will have to contact the carrier or supplier directly to resolve the problem.

9.5 Customer Liability

The customer is responsible for the proper use of the products purchased on Dilya's Art. Under no circumstances will Dilya's Art be held responsible for any damage caused by improper use of the products after receipt, including, but not limited to, personal injury, property damage or damage to third parties.

9.6 Liability in the Event of Purchase by a Minor

Purchasing on our site is reserved for adults. By placing an order, the buyer confirms having read this rule and certifies that they are entitled to make the purchase. If a minor places an order, this means that they have obtained the authorization of a legal guardian and that they recognize the conditions of purchase of the site. Once the order is validated, Dilya's Art cannot be held responsible for any purchase made by a minor without parental authorization.

10. Idea Submission Liability

10.1 Client’s Responsibility when Submitting an Idea

When you submit an idea, you are entirely responsible for it. You must ensure that the idea submitted complies with applicable laws, particularly with regard to copyright, intellectual property and non-violation of third-party rights. By submitting an idea, you guarantee that it does not infringe copyright, trademark, patent or other intellectual property rights.

Dilya's Art cannot be held responsible for any violation of intellectual property rights or other legal obligations arising from the submission of the idea by the client.

10.2 Intellectual Property Rights of Submitted Ideas

By submitting an idea, you understand and agree that Dilya's Art may use the idea to create a custom work. However, if the idea submitted by the client contains elements protected by copyright, trademarks, or other intellectual property rights of third parties, the Artist reserves the right to transform or adapt the idea in order to comply with applicable legislation. This may include substantially modifying the original idea to avoid any infringement of copyright or intellectual property rights.

In this case, if no prior authorization or appropriate license is provided by the client for the use of these protected elements, the final work may be radically different from the idea submitted by the client. The Dilya's Art Artist retains the freedom to create a work that respects intellectual property rights while being inspired by the idea submitted.

Therefore, even if an idea is inspired by a submission, the client acknowledges that the final design may be substantially modified, or even completely transformed, to comply with legal requirements and to respect copyright.

The intellectual property rights of the final work, including the rights of reproduction, modification and distribution, will be held by Dilya's Art, and the client waives any copyright claim on the work created.

10.3 Right to Refusal or Modification of the Idea

Dilya's Art reserves the right to reject or modify any idea submitted for any reason it deems appropriate. The artist has full freedom to adapt or revise the submitted idea in order to respect the artistic, ethical and legal principles of Dilya's Art. If an idea is retained and transformed, the final work may differ substantially from the initial idea submitted.

In the event of a substantial modification of the idea, Dilya's Art undertakes to inform the client and obtain their approval before finalizing the design.

10.4 No Warranty on Use of the Idea

Submitting an idea does not guarantee that the idea will be used, or that the idea will be transformed into a product or commercial work. Dilya's Art is not obligated to act on any idea submission and is not responsible for the non-use of the idea submitted.

Furthermore, Dilya's Art is not responsible for any inspiration it may draw from the ideas submitted. The artist retains the freedom to draw inspiration from various sources for his or her creations, including similar ideas submitted by other clients.

10.5 Honesty and Accuracy of Information Provided

Any person submitting an idea on Dilya's Art undertakes to provide sincere, accurate and complete information. This includes, but is not limited to, the description of the idea, any references and any associated rights. The user guarantees that the data transmitted does not contain any false declaration or voluntary omission that could mislead.

Dilya's Art cannot be held responsible for the consequences related to inaccurate, misleading or false information provided by the user. In case of doubt or discovery of a false statement, we reserve the right to refuse, suspend or cancel the submission, without obligation of compensation or justification.

11. Intellectual Property

The creations offered on the Dilya's Art website, such as illustrations, drawings, designs, logos and other visual elements, are the exclusive property of the artist Dilya. These creations are protected by copyright and intellectual property laws. It is important to note that, although the majority of the creations are made by Dilya, some visual elements may come from our partner suppliers, who participate in the manufacturing of the products. These elements are also subject to the copyright and intellectual property of the creators concerned.

By purchasing a product on the site, the customer obtains only the right to personal use of the purchased product. Any reproduction, modification, distribution, or commercial exploitation of Dilya's creations without prior authorization is strictly prohibited.

The products sold on the site are intended for personal use and may not be used for commercial purposes without the express consent of the artist. Any attempt to violate these rights may result in legal action.

Dilya's Art reserves all rights to modify, adapt and reproduce the works created, whether inspired by ideas submitted by clients or not. Ideas submitted by clients may be modified or adapted by the artist to respect copyright and quality standards, without any obligation to credit the client.

12. Modifications to the Sales Policy

Dilya's Art reserves the right to modify or adapt its General Terms and Conditions of Sale (GTC) at any time, without notice, in order to respond to legal, technical or commercial developments. The modifications will be published on this page, and the most recent version of the GTC will always be accessible on the site.

Customers will be notified of material changes, if necessary, by notice posted on the Site or by other means of communication, such as email.

It is the customer's responsibility to regularly consult the T&Cs in order to be aware of any updates. By placing an order after any modification, the customer accepts the new conditions.

13. Information about Custom Inspired Fanarts

Dilya's Art offers the creation of personalized inspired fanarts , based on ideas submitted by visitors or customers. These works are made in compliance with the principles of intellectual property, ensuring an original artistic reinterpretation. Each creation is carefully designed to avoid any copyright infringement and ensure compliance with legal and ethical standards.

13.1 Nature of Custom Inspired Fanarts

Dilya's Art offers a wide range of custom inspired fanarts made on demand, always respecting the principles of intellectual property and ensuring a creative and original approach. Types of custom inspired fanarts include:


  • Custom Portraits : Created from descriptions provided by customers or images of people who have given permission. These portraits may be used for commercial purposes, including the sale of merchandise.

  • Anime-inspired characters : Creations where the visual elements of anime are transformed to create completely original characters, guaranteeing respect for copyright.

  • Concept Art Inspired Fanart : Works created from unique customer ideas, including original universes or characters, while remaining within the framework of intellectual property laws.

  • Fanarts inspired by content creators : Original creations based on content creators such as influencers, streamers, or video game creators, made while respecting their image and their rights.

  • Video game inspired fanarts : Unique creations inspired by the world of video games, while respecting the rights of the game creators, with substantial adaptations to ensure complete originality.

  • Fanart inspired by characters from popular cultures : Works based on characters or concepts from cultural, historical or contemporary references, which are widely recognized and are not necessarily protected by copyright.

  • Fanart inspired by historical or mythological figures : These creations are based on historical or mythological figures, which are no longer subject to contemporary copyright, and can be interpreted creatively.

  • Fanarts inspired by invented concepts : Dilya's Art also offers original creations based on completely new concepts, such as armor designs, fantastic creatures, or imaginary worlds. These personalized inspired fanarts are designed for customers who want a completely original and unique work.

Each custom inspired fanart creation is significantly transformed to ensure its originality and compliance with intellectual property rules. The process thus allows ideas to be brought to life while creating unique and creative artistic works, adapted to the wishes of the customers while respecting the laws in force.

14. Creation Process

14.1 Various Proposals

When the client submits an idea, Dilya's Art proposes several creative variations based on this idea. The process begins with an initial series of suggestions so that the client can choose the artistic direction he prefers. This allows the work to be best adapted to his expectations while respecting the principles of intellectual property.

14.2 Artistic Transformation

Once the direction is chosen, the idea undergoes a thorough artistic transformation. The goal is to make significant changes to create an original work, while remaining faithful to the original idea. These transformations can concern physical features, graphic style, the character's personality, or even the visual universe, in order to guarantee a unique and distinctive creation.

14.3 Creation Process Detail

The creation process is divided into several stages:

  • Initial Draft : The first step is to draw a rough sketch, capturing the broad outline and structure of the idea.
  • Final Lines : After validation of the draft, the lines of the drawing are refined and detailed to provide precision.
  • Laying the Base Colors : Once the lines are defined, the base colors are applied without adding shadows or highlights. This allows the visual foundation of the work to be laid.
  • Applying Shadows and Lights : Next, shadows and lights are added to give depth and volume to the work.
  • Final Details : Finally, the final details are added, such as textures, special effects or other decorative elements to perfect the work and give it its final touch.
  • Finalization, Listing and Credit: Once the illustration is finalized, the work is transferred to the media chosen (or not) by the client, while maintaining regular contact to ensure that each step meets their expectations. Once the client validates the illustration and its application on the media, the products are put up for sale on the site. The client is credited appropriately for their contribution to the initial idea, in accordance with the agreements established. Subsequently, anyone visiting the site will be able to choose whether or not to purchase the products offered.

14.3.1 Continuous Dialogue with the Client

Throughout the creative process, the client interacts directly with the artist, ensuring that the work perfectly matches their expectations. At each stage, the client can give their opinion, allowing adjustments and modifications to be made according to their preferences. This continuous dialogue with the artist guarantees a tailor-made personalization, offering the client a unique and participatory experience in the design of the final work.

This process ensures a creative and tailored experience while respecting the ethical and legal principles associated with creating personalized inspired fanart.

15. Respect for Copyright and Modifications

At Dilya's Art, we are committed to strictly respecting copyright and intellectual property laws. Custom fanart inspired by ideas submitted by our customers is designed in accordance with these principles, ensuring that each creation is an original artistic reinterpretation.

15.1 Modifications to the Initial Idea

Fanarts created from customers' ideas are substantially transformed to ensure that they are unique. These creations will never be exact reproductions of copyrighted works, but rather original works inspired by the submitted idea.

15.2 Customer Liability

The client warrants that the submitted idea does not violate any intellectual property rights, including copyrights and trademarks. In the event of any dispute related to the intellectual property of the submitted idea, the client assumes full responsibility.

15.3 Respect for Original Creations

If the idea submitted by the client includes copyrighted elements, Dilya's Art will ensure that the resulting creations are sufficiently modified to respect the rights of the original creators. We ensure that the resulting work is distinct from the original work while respecting the integrity of the initial idea submitted by the client.

In summary, our creations are always adapted to ensure their originality and compliance with copyright legislation, while remaining faithful to the creative expectations of the client.

16. Necessary Authorizations

Dilya's Art mainly offers the creation of personalized inspired fanarts , which are original works, transformed and adapted from the ideas submitted by customers, while respecting intellectual property rights.

16.1 Custom Inspired Fanarts

When the client submits an idea for a custom inspired fanart, no special permission is required, as the work will be substantially transformed, thus ensuring that it does not constitute copyright infringement. The client is therefore free to submit any idea without needing to prove third-party permission, as long as the idea adheres to the principles of original creation.

16.2 Fanarts without Substantial Modifications

If the customer wishes to create fanart without substantial modification of a copyrighted work (for example, an exact reproduction of a character or specific element of a copyrighted work), they must provide the necessary permissions for the use of that work. These permissions include:

  • Written permission from the copyright holder (creator, publisher, company, etc.) to use the original work.
  • Proof of agreement , such as a contract, letter, or email exchange, validating that you have permission from the rights holder.
  • Commercial Licenses : If the work is used for commercial products (clothing, accessories, etc.), a commercial license is required.
  • Specific conditions of use : If restrictions apply (non-commercial use, prohibition of modification, etc.), they must be specified in the authorization.

Without these permissions, we won't be able to proceed with creating the fanart without modification. Make sure you have all the necessary rights before submitting your idea to ensure a compliant and legal-free creation.

16.2.1 If the Client Does Not Have the Necessary Authorizations

In the event that the client does not have the necessary authorizations for a work without substantial modifications, Dilya's Art offers to take care of the steps to obtain the appropriate authorizations directly from the rights holders. However, it is important for the client to be aware that this process may result in significant additional delays . Obtaining the necessary authorizations from rights holders can sometimes be a long and complex process, which can significantly increase the time taken to create , finalize and put products on the site for sale.

16.2.2 Restrictions on Minors

Minors cannot submit requests for fanart without substantial modifications, as these requests require permission from a rights holder, which must be fully valid and legal. Minors, however, can submit ideas for custom inspired fanart , that is, transformed and original creations, thus respecting copyright legislation.

16.3 Customer Liability

In the event that permission is required for unmodified fanart, it is the client's responsibility to ensure that the necessary rights are obtained and proof is provided before creation begins. If these conditions are not met, Dilya's Art reserves the right not to create the requested artwork. If Dilya's Art takes steps to obtain the necessary permissions, the client should be aware that this may delay the entire creation process.

17. Limitations and Exclusivity of Works

Dilya's Art places a premium on creating unique and original works, whether custom inspired fan art, original illustrations, or other types of artistic creations. Each project is crafted in accordance with intellectual property principles and benefits from a unique artistic transformation. We offer clients the opportunity to bring their ideas to life while helping to expand the artistic universe dedicated to them.

17.1 Variants and Limited Editions

Only those who already have a creation based on their idea can request variations or limited editions. These new versions may include visual adjustments, stylistic changes, or other creative modifications while remaining faithful to the original idea. Limited editions, produced in limited quantities, offer additional exclusivity to customers by making certain works available in limited quantities.
However, access to these exclusives is subject to certain conditions , such as a minimum period of presence on the site after the publication of their first idea on the site and a number of purchases required for each type of request.

17.2 Conditions for Requesting a Variant or Limited Edition

  1. Duration of Presence on the Site:
    The client must have at least one month of presence on the site for a variant and 3 months for a limited edition from the publication date of his first creation made by the Artist. This period begins as soon as the work resulting from his idea is put on sale and listed in the "All my creations" section of the site. The publication date of the work will serve as a reference for this condition.
  2. Minimum Purchase Required:
    To request a variation , the customer must have made at least two purchases on the site. To request a limited edition , a minimum of eight purchases is required.
    These purchases may concern any product available on the site, whether creations based on customer ideas or original creations from Dilya's Art.
  3. Mandatory Credit:
    To request a variation or limited edition, the customer must be credited on the site for the initial idea for the work. Anyone who has submitted an idea but does not wish to be credited will not be able to make such a request . This condition is in place to ensure that people who actively contributed and authorized the use of their idea receive the privileges associated with variations and limited editions.

These conditions are in place to ensure that only those who are actively involved and supportive of the site can take advantage of the opportunity to create variations and limited editions. This prevents abuse and ensures that demand for these exclusive creations comes from genuinely engaged customers.

Important: Once a first request for a variant or limited edition has been validated, the customer will have to wait 4 months before submitting a new request, whether for a variant or a limited edition. This rule ensures balanced management of exclusives and ensures rotation of creations on the site.

17.2.1 Minors and Request for Variants or Limited Editions

If a minor wishes to request variations or a limited edition of their creation, it is necessary that members of their family (father, mother, legal guardian) have already made the required purchases on the site, in order to activate this option. Friends or other outsiders will not be accepted in this context.

Additionally, to ensure compliance and prevent abuse, detailed checks will be conducted to validate the eligibility of requests. This process is in place to ensure that minors comply with the purchasing conditions and that their requests are legal and appropriate. The process may take additional time to ensure that legal requirements are fully met.

17.3 Customer Acknowledgment and Availability of Works

Customers whose ideas inspired a creation are credited on the site to acknowledge their contribution. Regarding variants and limited editions, variants may be offered in limited or unlimited quantities depending on available stock, while limited editions remain strictly limited in number. Once the maximum quantity for a limited edition is reached, no new reproductions will be made. This guarantees buyers increased exclusivity and rarity, thus reinforcing the value of the works.

17.4 Choice of Supports and Categories for Ideas

A creation can be presented on multiple media, provided it is an original work created by Dilya's Art. For creations based on ideas submitted by clients, clients have the option to choose the media on which their work will be applied. When submitting an idea via the form, clients can select media from the following categories:

  • Head
  • High
  • Down
  • Accessories
  • Shoes
  • Home & Decor

Each category offers specific subcategories. It's important to note that for each category chosen, the customer can only select one subcategory. For example, if they choose "Top," they must choose from the available subcategories (such as "T-shirt," "Jacket," etc.), but they cannot select multiple subcategories within the same category.

This system allows for better organization of requests and ensures that each creation is adapted to the chosen medium while respecting the available options.

17.4.1 Selection of Support by the Artist in the Event of Non-Choice by the Client

If a client does not complete the form by selecting a specific medium or chooses not to specify one, Dilya's Art reserves the right to choose a medium suitable for the creation, based on the work and its characteristics. In this case, the artist will choose the most appropriate medium without having the obligation to inform the client, although this can be done if necessary. The choice of medium will be made based on the work, the style, and the best options available to ensure optimal presentation.

17.4.2 Limited Liability for Media Incompatibility

Dilya's Art undertakes to do its best to adapt each creation to the medium chosen by the client, but cannot be held responsible if a requested medium cannot be used or applied to a creation due to its technical characteristics, the nature of the work or other unforeseen constraints.
Although Dilya's Art makes every effort to ensure that the final result meets the client's expectations, it may happen that certain media are not compatible with certain creations, whether due to material, technical, or other limitations. In this case, the artist will make every effort to offer an alternative solution while maintaining the quality of the work.

18. Ownership of Creations

The creations made by Dilya's Art, whether directly inspired by ideas submitted by clients or entirely created by the artist, remain the exclusive property of Dilya's Art. Although the client may propose ideas and be credited for their inspiration, the work itself remains the property of the artist.

When the customer purchases a work, it is acquired solely for personal use. The buyer may not use the work for commercial purposes, nor reproduce, distribute, sell, modify or derive new works based on it. The work is therefore intended solely for private use and may not under any circumstances be exploited for income-generating activities, such as the sale of derivative products or use in commercial projects.

Even if the initial idea for the work was proposed by the client, this does not confer any intellectual property rights on the creation itself. Dilya's Art retains all copyrights relating to the work, including the rights of reproduction, broadcast, modification and distribution. The artist may also use the work for promotional, marketing or publication purposes, online or offline, without requesting additional permission from the client.

In summary, the purchase of the work by the customer constitutes only a license for personal use and does not transfer any ownership rights to the work, the commercial and artistic rights remaining entirely with Dilya's Art.

18.1 Use of Created Works

The works created by Dilya's Art, whether inspired by ideas submitted by clients or entirely designed by the artist, are intended solely for the client's personal use. The buyer may use the work for personal reasons such as displaying it in their home, but may not use it for commercial purposes without obtaining express permission from Dilya's Art.

Commercial use includes, but is not limited to, the reproduction, redistribution, sale, or creation of derivative works based on the work. Any modification, distribution, or reproduction of the work in any form is strictly prohibited without the prior consent of Dilya's Art.

The customer agrees to comply with the specified terms of use and not to violate the copyrights related to the work. Any unauthorized use of the creations may result in legal action, including prosecution for violation of intellectual property rights. Dilya's Art reserves the right to take the necessary measures to protect its creations and ensure that its copyrights are respected.

18.2 Compliance with Legal and Ethical Standards

Dilya's Art is committed to respecting all laws and regulations in force when creating and exploiting the works, particularly in terms of copyright, as well as the ethical principles that guide its work, such as respect and integrity. The client is also required to respect these same standards when using the works created.

In the event of non-compliance with these principles, Dilya's Art reserves the right to suspend or terminate the use of the work, or even to take appropriate legal measures to protect its rights and ensure respect for its creations.

19. Right of modification and suspension

Dilya's Art reserves the right to modify or adjust the work or medium according to creative needs or technical constraints. These modifications may concern either the drawing itself (adjustments of style, composition, etc.) or the medium (type of product, size, etc.). If a modification is deemed necessary, the client will be informed of the proposed changes and may accept them or request additional adjustments.

In the event that a major problem occurs during the creation or production of the work (technical problems, inability to adapt the product to the request, etc.), Dilya's Art also reserves the right to temporarily suspend the request or pause the creation. In the event of suspension or pause, the customer will be informed of the reasons and an alternative solution may be proposed. The request will only be resumed when the problem is resolved.

20. Protection of personal data

Dilya's Art attaches particular importance to the protection of the personal data of its visitors and customers. The information collected during orders or navigation on our site is processed in compliance with the regulations in force and is only used to ensure the management of orders, improve the user experience and, if you have consented, send you promotional offers.

To learn more about the collection, use and security of your data, as well as your rights (access, rectification, deletion, opposition), please consult our Privacy Policy .

21. Disputes

In the event of a disagreement regarding an order (for example: item not received, damaged product, order error), we favor an amicable resolution. The customer is invited to contact us quickly in order to find a suitable solution.

Dilya's Art acts as an intermediary between the customer and its suppliers. Depending on the nature of the dispute, we may either manage the claim directly or refer the customer to the supplier concerned if the latter is responsible for the problem (e.g. late delivery, manufacturing defect).

If no amicable agreement is reached, the customer may contact a consumer mediator, in accordance with the regulations in force. You can consult the list of approved mediators on the official website of consumer mediators.

Disputes not resolved amicably will be submitted to the competent courts in accordance with the applicable law mentioned in our general conditions of sale.

22. Applicable law and competent jurisdiction

These General Terms and Conditions of Sale are governed by French law. Any question relating to the interpretation, execution or validity of these General Terms and Conditions will be submitted to the competent courts located within the jurisdiction of the Court of Appeal of Île-de-France.

If you are a consumer and you reside in another country of the European Union, you have the possibility of bringing any claim relating to these General Terms and Conditions before the competent courts of your place of residence.

23. Exclusive Commercial Exploitation and Resale Requests

23.1 Exclusive Right of Sale and Exploitation

Dilya's Art exclusively holds the commercial exploitation rights of all works created, whether artistic concepts, or any other creation produced as part of its activity. This includes the right to sell, distribute, reproduce, adapt and modify the creations. No other entity, brand, company, or individual, whether professional or private, may exploit, sell, or distribute these creations in any form whatsoever without the prior written and express authorization of Dilya's Art.

23.2 Request for Authorization for Resale or Commercial Use

Any third party, including but not limited to companies, brands or influencers, wishing to resell or commercially exploit a work created by Dilya's Art, must obtain prior written permission from Dilya's Art. This permission may include, but is not limited to:

  • Financial Terms : Remuneration, percentage of sales or other financial terms;
  • Term of Agreement : Period during which use or sale is permitted;
  • Geographic territory : Geographic limits of the commercial operation;
  • Authorized media : Types of media on which the works can be used (physical products, digital products, advertising, etc.);
  • Specific Restrictions : Any special conditions regarding the image, use or marketing of the creations.

This request must be made in writing via a license contract or collaboration agreement, validated by both parties before any sale or commercial exploitation.

23.3 Refusal of Resale or Exploitation

Dilya's Art reserves the right to refuse any request for use or commercial exploitation of its creations without having to provide any explanation or justification. Possible reasons include, but are not limited to:

  • Conflict with Dilya's Art values : Any exploitation contrary to the artistic, ethical or moral vision of Dilya's Art;
  • Legal or ethical issues : Conflict with copyright, trademarks, or violation of local or international laws;
  • Respect for personality rights : Any exploitation which could harm the image, reputation or dignity of the persons represented in the works;
  • Unfair competition or commercial impact : Any use likely to harm the image of Dilya's Art or cause commercial confusion.

Dilya's Art's decisions regarding approval or denial of applications for resale or commercial exploitation are final and not subject to appeal.

23.4 Conditions of Partnership or Commercial Collaboration

As part of a commercial collaboration or partnership, Dilya's Art may consider allowing other entities to use its creations under certain conditions. These collaborations require the signing of a partnership contract, which will define:

The terms of remuneration : The sharing of revenues generated by the resale or commercial exploitation of the works;

  • Responsibilities of each party : Who assumes which obligations (production, distribution, marketing, etc.);
  • Rights to Derivative Works : If modifications or derivative works are created from the original creation;
  • The duration of the contract : The terms of renewal or early termination;
  • Promotion and marketing obligations : Responsibilities in terms of advertising, promotion of works, etc.

Dilya's Art also reserves the right to modify or terminate any collaboration or partnership at its discretion, depending on circumstances or market developments.

23.5 Intellectual Property and Copyright

In the event of authorization granted to a third party for the resale or commercial exploitation of its creations, Dilya's Art retains all intellectual property rights relating to the works. The sale or partnership agreement does not transfer any copyright or ownership rights to the authorized entity. Any use of the creations without respecting the terms of the agreement may result in legal proceedings for violation of intellectual property rights.

23.6 Unauthorized Commercial Exploitation

Any unauthorized commercial exploitation of a work by Dilya's Art constitutes a violation of Dilya's Art's copyright and intellectual property rights. In the event of unauthorized sale, reproduction, or distribution, Dilya's Art reserves the right to take all necessary legal action, including legal action to stop the infringement and obtain compensation. This includes claims for damages for the violation of intellectual property rights.

23.7 Examples of Commercial Requests

Requests for resale or commercial use of Dilya's Art creations may include:

  • Sale of physical products (e.g. t-shirts, posters, merchandise);
  • Digital exploitation (e.g. in video games, online platforms, applications);
  • Use for promotional purposes (advertising, marketing, events, etc.);
  • Creation of derivative products or derivative works from the original work.

23.8 No Revocation Without Consequences

In the event of authorization given to a third party for commercial exploitation, this authorization may be revoked by Dilya's Art at any time, subject to compliance with the terms of the license agreement. However, the revocation does not affect the commercial rights acquired by the third party up to the date of revocation.