Commission TOS
1. All work are done within timeframes specified in each sections' timeline graphics from the Q&A sessions are done and the buyer has approved of the terms and I have a full understanding of the work required.
2. All revision opportunities are listed in the respective timeline graphics and will be outlined in the response email to your commission request, no more revision may be added without additional payment.
3. I cannot guarantee that Google Drive and WeTransfer links will be active after one week. Please download your artwork as soon as you can and do not rely on those platforms to be storage spaces for your commissioned pieces.
4. Files will be sent out in standard high quality formats such as MP4, PDF, PNG, JPG, SVG, DOCX or GIF depending on the commission type and the best suited data format.
5. If contents are appropriate, there may be a video of the illustration process posted on YouTube or images posted on my social media platforms including your watermarked commissioned piece. I will ask if you want to keep your piece private during the discussion period.
6. Should you want your piece to be private, no content around the process or final piece will be posted online. My portfolio is an exception should no copyright transfer be made in our contract from myself to you. I anonymise buyers’ private information in my portfolio such as name, pseudonyms, contact information and personal details related to the commissioned content.
7. Process videos and other content publicised surrounding your commission will contain links back to your profiles should the piece contain a design you own.
8. I reserve the right to update my commission pricing anytime, but will keep the quote consistent with the published prices at the time you submit your commission request. The current pricing is calculated based on an hourly wage of 20 CHF per hour (lower than local minimum wage in my country, as I am a student myself), and a time estimate based on commission type outlined in the table below. Note that a lower time estimate doesn’t equate to faster turnaround times, as my schedule is quite variable and time spent depends on the complexity of what you exactly commission from me.
9. If complexity of work exceeds expectations (such as complex backgrounds, detailed regulations surrounding design, large briefs to follow, texts exceeding 3500 words or animations containing over 25 unique frames), I may adjust pricing based on the extra amount of hours spent on the project, billed at 20 CHF/h and tracked using methods such as screen recording, productivity timers such as the Forest App, and analog time tracking (notes for shifts worked, excluding breaks).
10. Additional characters, objects and detail are subject to price increases in illustrations, and animation projects. Each additional character or object is subject to a price increase of 50% the base price of the first character or object featured in the commissioned work.
11. You may be eligible for a 20% discount if you give me permission to sell the artwork as prints of any kind on my online platforms, including but not restricted to Etsy, RedBubble and my website.
12. Payment methods include bank transfers, Swiss QR-bills, private Etsy listings, PayPal or Twint or cash payment organised in advance at an event I attend. I will not accommodate any other form of payment to prevent fraud.
13. I accept USD, GBP, EUR and most preferably CHF.
14. I do not accept crypto currencies or NFTs as a valid form of payment.
15. I do not accept artwork, services, subscriptions or non cash items as a valid form of payment.
16. I will never accept payment in exposure no matter who you are or represent.
17. I demand 50% of the quoted and pre-discount price to be paid upfront. Downpayment is an industry standard and I make no exceptions. Asking me for even a sketch before any form of payment in sufficient amount is received will lead to me terminating my current and any future contracts with you. This first payment is not refundable.
18. The remaining of the quote must be paid and received before the final product is sent via messaging systems, Email, Google Drive or through WeTransfer links.
19. I will never share emails, identifying information, calls or messages of our discussion in a manner that makes you easily identifiable to any third party, I consider the contents of our discussion as your private information. Law enforcement and anti-scam groups are exceptions. An other potential exception would be if you blatantly violate my terms of service, especially anything regarding payments.
20. You may not resell my artwork without having signed a contract with me involving right transfers or commercial licenses. I consider asking for permission after the fact as a violation of my intellectual property and terms of service and take actions accordingly.
21. If your contract includes a commercial license, you may only make profit off of my work in ways precisely outlined in our contract. Additional methods after the signing of the contract must be requested to me. When using my work, I ask to be credited as the artist by my artist name (Xéna & Kin) or through a method of contacting me.
22. If your contract includes a transfer of rights from me to you, you may resell my work, make profit in any manner and I may no longer display that work on my social media or portfolio platforms, publicly or privately.
23. If the commissioned art piece contains a design you own, a design owned by a third party, your likeness or the likeness of real people, I may not make profit off of the artwork itself beyond our commission contract.
24. Please refrain from commissioning more than two projects at a time per buyer or organisation.
25. I reserve the right to terminate the contract at any point without explicitly stating the reason.
26. You may commission a piece and receive a printed product. In that case, pricing will be discussed on a case by case basis.
27. I do not accept commissions if my artwork is planned to be used an as NFT or fed to any image generating learning algorithms in the future.
28. I will not create NSFW or gore pieces of characters/people who are, look like, or are meant to represent minors. Debates surrounding this point from your end will result in termination of the contract should I believe the characters or persons to fit under this category at my own discretion.
29. I will request a valid form of identification along with verification images for NSFW (18+) or gore (16+) commissions and reserve the right to refuse if I deem you to be too young for the subject drawn. I do not share this information with third parties and store this information 2 years after receiving the final payment installation from you. Exceptions may be made for anti scam groups, tax authorities or law enforcement.
30. I do not accept NSFW, politically charged or gore pieces meant to target others in malicious or derogatory ways without their proven knowledge and consent."Others" mentioned above include all equally. I am an artist and represent a neutral party uninvolved with external events, groups or persons.
31. I reserve the right to know exact reasonings behind commissioned pieces, especially gore and NSFW.
32. I am accepting of all cultural backgrounds, members of the LGBTQIA+ community, therians and otherkin, furries, those with mental illnesses & disorders, the disabled and those from kink based subcultures. I aim to create a safe and welcoming environment and am willing to make special accommodations with my process based on your special needs.
33. I accept NSFW or gore pieces related to fetish & kink involving two consenting parties provided I am not sent explicit materials without my informed consent even as reference images. Failure to respect my personal boundaries will result in termination of our contract and I demand professionalism from both sides.
34. When signing a contract with Xéna & Kin, such as for a commission, you must agree to our terms and conditions regarding specific content type and associated age limits, including adhering to age verification standards and having a legal adult sign any and all contracts as signatures from minors are not legally binding. Xéna & Kin adhers to Swiss definitions of legal maturity, being 18 years and above.
Etsy, Web shop, wholesale and bulk
(>10 items of the same design) purchases TOS
1. I am entitled to refuse a sale upon receiving an order and will refund it in full without stating any reason.
2. Due to the presence of small parts, our items are not suited for children under 3 years old. Xéna & Kin assumes buyers are over 18, own their own payment methods or have the consent of a legal guardian when purchasing our work through our shop and assume no liability for works purchased that are unsuited for said buyers or final recipients. Xéna & Kin adhers to Swiss definitions of legal maturity, being 18 years and above.
3. I accept cancellations only up to 24 hours after payment for my website shop and Etsy and will refund you in full should it be the case.
4. My RedBubble shop is subject to RedBubble's ToS.
5. Any ToS applied to my web shop that is against Etsy's ToS is invalid and overruled when applied to Etsy purchases and payments.
6. I do not accept returns on items cheaper than 5 CHF. Return postage will be paid by myself if the reason for the return is due to a mistake on my part or due to poor quality of my products when used as intended (damage not resulted by the shipping process). The buyer is responsible for return shipping in other cases (items exceeds 5 CHF and damage is resulted from unintended use).
7. Buyers are entitled to a return when damage or loss have not occured only 14 days after receiving their order.
8. If an item is lost in transit, I will replace it for free if the item's value is under 5 CHF and the buyer will have to pay for postage fees regardless of current promotions surrounding shipping.
9. If an item is lost in transit and its value exceeds 5 CHF, the buyer is eligible for a full refund. A case will be opened and closed with postal services on my part in an attempt to recover the item before refunds are issued.
10. If an item is recovered after a postal dispute and arrives at its initially intended destination, no refund will be issued.
11. If a buyer places an order within 1 week of a sale ocurring after said order, they are entitled to a refund based on applicable discounts ran at the time.
12. Bulk and wholesale orders come with a PDF invoice. Should you own a Swiss or Lichtensteiner bank account, a Swiss QR-bill will be included in the invoice. Should this not be the case, please pay using a valid, approved and agreed upon form of payment to the contact details listed within the invoice.
13. Bulk and wholesale orders take a long discussion period between both parties and I will not accept cancellations after I start the process of manufacturing products.
14. For wholesale and bulk orders, I demand a 50/50 payment plan. Half of the quoted price must be paid upfront when the discussion is done and before production/shipping. The second half must be made within 1 month of the items being delivered.
15. Payment methods include bank transfers, private Etsy listings, PayPal or Twint for bulk or wholesale orders.
16. I accept USD, GBP, EUR and most preferably CHF. The prices are listed in CHF.
17. I do not accept crypto currencies as a valid form of payment.
18. I do not accept artwork as a valid form of payment.
19. I will never accept payment in exposure no matter who you are or represent.
20. I will never share emails, identifying information, calls or messages of our discussion in a manner that makes you easily identifiable to any third party, I consider the contents of our discussion as your private information. Law enforcement and anti-scam groups are exceptions. An other potential exception would be if you violate my terms of service, especially anything regarding payments.
21. I will never share your email, phone number, full legal name and address to any third party and will not sell said information to third parties.
22. Buyers are fully responsible for any taxes including customs taxes and tariffs. I am not responsible for any delays in customs and vow to declare all items with honesty.
23. Delivery time frames are as stated depending on item type and order size. Please note that events such as strikes, holidays, natural disasters or human conflict may impact said delivery timeframes and I am not responsible for such delays. I take around three days to process orders of already made items. Note that holidays and Sundays may impact this processing time as I depend on my local national post office for delivery of items.
24. I am open to any inquiries, concerns, questions or requests for special accommodations. Message me through my socials, Etsy or send me an email at anjaxenon4business@gmail.com.
25. I am accepting of all cultural backgrounds, members of the LGBTQIA+ community, therians and otherkin, furries, those with mental illnesses & disorders, the disabled and those from kink based subcultures. I understand that not all live in a safe environment and vow to make packaging discreet on the outside no matter the occasion when an item or buyer is a part of a discriminated against minority for their sex, gender identity, sexuality, ethnicity, nationality, religion, health conditions, disabilities, occupation or hobbies. Extra accommodations may be done should it be within reasonable financial and practical bounds when requested by the buyer.