TERMS AND CONDITIONS
Last updated: [March, 2026]
1. INTRODUCTION
1.1 These Terms and Conditions ("Terms") govern your use of the Ivan Hunga Garcia website at [www.ivanhungagarcia.com] ("Website") and any purchases or commissions you make through it.
1.2 The Website is operated by Ivan Hunga Garcia ("we", "us", "our"), with registered address at [Rua França Junior, Mercado de Matosinhos, Espaço 05; 4450-135 Matosinhos], Portugal.
1.3 By accessing or using our Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our Website.
1.4 These Terms are available in English.
2. CONTACT INFORMATION
You can contact us by:
— Email: contact[at]ivanhungagarcia.com
— Post as listed above
3. WEBSITE USE
3.1 Permitted Use
You may use our Website for lawful purposes only and in accordance with these Terms. You agree not to:
— Use our Website in any way that breaches applicable laws or regulations;
— Use automated systems to extract data from our Website for commercial purposes;
— Attempt to interfere with the proper functioning of our Website;
— Transmit any viruses, malware, or other harmful code;
— Misrepresent your identity or affiliation with any person or entity;
3.2 Intellectual Property
Content on our Website, including text, images, designs, photographs, and documentation, may be protected by copyright and other intellectual property rights belonging to us or our licensors. You may view and print content for personal, non-commercial use only. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.
3.3 Confidential Information
Certain materials on our Website, including catalogues and portfolios, are confidential and intended exclusively for consultation by the addressee. These materials must not be disclosed, shared, reproduced, copied, or distributed without our express written permission.
4. COMMISSIONS AND PURCHASES
4.1 Eligibility
To place a commission or purchase from us, you must:
— Be at least 18 years old
— Provide accurate and complete information
— Have the legal capacity to enter into binding contracts
4.2 Commission Process
Custom commissions follow this structure:
— Initial consultation and briefing
— Three design proposals in response to your briefing
—Three fittings scheduled according to mutual availability
—Final delivery upon completion
4.3 Bespoke Nature
Each commission is unique and will not be replicated. All work is created specifically for the commissioning client with a bespoke and intimate approach.
4.4 Lead Times
Standard custom commissions require 10-15 weeks from initial briefing. FAUX Skin garments require 6-10 weeks. Haute Gardening pieces require 8-12 weeks. Lead times are estimates and may vary depending on project complexity, material availability and season. Confirmed timelines will be provided in your commission agreement.
4.5 Pricing
Prices are provided as fair market value references and may vary based on project specifications. All prices include VAT where applicable. Payment terms will be specified in individual commission agreements.
4.6 Ethical Production Standards
We refuse to work with or invest in plastic and polymer-focused industries. We maintain strict commitment to cruelty-free production and fair regulation of design goods. All materials are sourced according to regenerative and life-centric design principles.
5. AVAILABILITY
The execution timeline for works is subject to demand and scheduling. The catalogue does not confirm availability unless explicitly indicated through written agreement, letter, or direct correspondence.
6. CANCELLATION AND RETURNS
6.1 Commission Cancellations
If you wish to cancel a commission before design proposals are presented, please contact us immediately. Cancellations after proposal presentation may be subject to fees reflecting work completed.
6.2 Completed Work
Due to the bespoke nature of our work, completed commissions cannot be returned or exchanged. Each piece is created specifically for the commissioning client.
6.3 Faulty or Defective Items
If your commissioned piece has structural defects within six months of delivery, we will repair it at no charge. Natural material ageing, wear from use, and damage from improper care are not covered.
7. CONFIDENTIALITY AND ATTRIBUTION
7.1 Client and Partner Confidentiality
We are committed to maintaining the confidentiality of all commission projects. Until a project is publicly debuted or otherwise released by mutual agreement, we agree to exercise discretion regarding the commission process.
7.1.2 Protected Information
We will not disclose the following information to third parties without your express written consent:
—Your personal details: including name, address, and contact information;
—Project specifications, measurements, and technical details;
—Commission timelines, deadlines, and calendar scheduling;
—Visual documentation: including photographs, sketches, or design proposals.
7.1.3 Transparency Regarding Partners (“Collaborators”)
Whilst we maintain confidentiality regarding client information, certain aspects of commission execution may require collaboration with trusted specialists and artisans. We will inform you of any collaborators involved in your project, including:
—Material suppliers, technicians and practitioners, biotechnology specialists;
—Producers, investors and consultants;
—Photographers and Graphic/Editorial Designers for documentation and publication.
All collaborators are bound by confidentiality agreements when applicable and will only receive information necessary for their specific contribution to each project.
7.1.4 Permitted Disclosures
—We may disclose information about your commission:
—When required by law or regulatory authority;
—To professional advisors (accountants, lawyers) bound by confidentiality obligations;
—After public debut or release of the commissioned work, as mutually agreed.
7.1.5 Public Debut
Unless designed for a public event, the commissioned work will not be publicly displayed, exhibited, photographed for publication, or otherwise made public without your prior written consent. Upon mutual agreement regarding public debut, we may document and share the work through our portfolio, exhibitions, and professional platforms whilst respecting any specific restrictions you request.
7.1.6 Your Confidentiality Obligations
You agree to maintain strict confidentiality regarding all proprietary information disclosed to you during the commission process, including but not limited to:
—Personal information of team members, regarding contact information, addresses and calendar scheduling;
—Proprietary techniques, processes, and methodologies shared during the commission;
—Material formulations and cultivation methods;
—Technical specifications and construction details;
—Pricing structures and commercial terms;
This confidentiality obligation shall remain in effect within any stage of the commissioned work or project, unless agreed in writing between the parties.
7.2 Attribution and Credit
6.2.1 Our Right to Credit
Upon public debut of the commissioned work, we retain the right to be credited as the designer and creator. Appropriate attribution should include "Ivan Hunga Garcia" or "Haute Gardener" in any public display, publication, exhibition, or media coverage of the work.
7.2.2 Your Crediting Obligations
When publicly displaying, exhibiting, or sharing images of the commissioned work (including on social media, in publications, or at events), you agree to:
—Credit Ivan Hunga Garcia / Haute Gardener as the designer;
—Tag our official accounts where applicable on digital platforms;
—Provide accurate attribution in any press materials, catalogues, or promotional content.
Credit will be given to all contributors when the work is publicly shared, ensuring transparent acknowledgment of the collaborative process.
6.2.3 Our Crediting Practices
When we share documentation of your commissioned work in our website, exhibitions, publications, or promotional materials, we will:
—Credit you as the commissioner or wearer (if you wish to be identified);
—Respect any requests for anonymity;
—Credit any collaborating photographers, stylists, or other creatives involved in documentation.
6.2.4 Misattribution
If you become aware of any misattribution or uncredited use of the commissioned work, we ask that you notify us promptly. Similarly, we will notify you of any misattribution concerning your involvement with the work.
8. CARE AND MAINTENANCE
8.1 Care Instructions
Detailed care instructions are provided with each delivered piece. Proper care is essential to maintain the integrity and longevity of living materials.
8.2 Repair Services
We offer specialised repair and maintenance services for all pieces. Contact us for consultation regarding significant damage or restoration needs.
8.3 Ephemeral Design
As considered living materials, you agree to acknowledge and accept the volatile aspects situated in each project. These “no longer objects”, will change and react within use, environment and conditions of storing and maintenance.
9. USE OF AI
9.1 Our use of AI
AI is an upscaling technology to which we aim to understand and learn from. Therefore, we maintain transparency regarding our own use of artificial intelligence:
—AI tools may be used for administrative tasks such as translation, scheduling, or correspondence drafting;
—AI is not used to generate core design work, material formulations, or creative output;
—Any AI-assisted elements in our process will be disclosed where relevant;
—We prioritise human craft, biological processes, and material agency.
9.2 Prohibition on AI Training
The following content is explicitly protected from AI training and automated extraction:
—Proprietary design techniques, style or methodology appropriations;
—Portfolio images and project photography;
—Written reflections, research, and theoretical frameworks;
—Client information and project specifications.
9.3 Future Technologies
This clause applies to current and future AI technologies, including but not limited to large language models, image generation systems, design automation tools, and any emerging technologies that process or learn from data.
You may not use any content from our Website, including but not limited to text, images, designs, photographs, technical documentation, proprietary methodologies, or commissioned work documentation, to train, develop, or improve artificial intelligence systems, machine learning models, AI generated art or any automated content generation tools without our express written permission.
10. LIABILITY
10.1 Our Liability
Nothing in these Terms excludes or limits our liability for:
—Death or personal injury caused by negligence;
—Fraud or fraudulent misrepresentation;
—Any matter for which it would be illegal to exclude or limit liability;
10.2 Limitations
We are not liable for:
—Loss not caused by our breach of these Terms
—Loss caused by events beyond our reasonable control
—Business losses, including loss of profit, revenue, or anticipated savings
—Loss of or damage to data
11. THIRD-PARTY LINKS
Our Website may contain links to third-party websites. We are not responsible for the content, accuracy, or privacy practices of third-party websites. Your use of third-party websites is at your own risk and subject to their terms and conditions.
12. CHANGES TO TERMS
We may revise these Terms from time to time. Revised Terms will be posted on our Website with an updated date. Your continued use of our Website after changes constitutes acceptance of the revised Terms.
13. COMPLAINTS AND DISPUTE RESOLUTION
13.1 Internal Complaints
If you have a complaint, please contact us using the details in clause 2. We will attempt to resolve complaints using our internal complaints-handling procedure.
13.2 Alternative Dispute Resolution
If you are not satisfied with our response and wish to pursue the matter further without going to court, you may contact an alternative dispute resolution provider in your jurisdiction.
14. GOVERNING LAW
These Terms are governed by Portuguese law. Any disputes arising from these Terms or your use of our Website shall be subject to the jurisdiction of the Portuguese courts.
15. GENERAL PROVISIONS
15.1 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
15.2 No Waiver
Our failure to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
15.3 Assignment
You may not assign or transfer your rights under these Terms. We may assign or transfer our rights and obligations without restriction.
15.4 Entire Agreement
These Terms, together with our Privacy Policy and any commission agreement, constitute the entire agreement between you and us regarding your use of our Website, purchases or partnerships from/with us.