Terms of service
TERMS AND CONDITIONS
Last updated: August 2026
1. ABOUT BYAGNESSA
Welcome to ByAgnessa.
ByAgnessa is an art brand operated by Mazurki VOF, registered in the Netherlands with the Dutch Chamber of Commerce (KvK) under number 97645281.
Registered address:
Mazurki VOF
Goeman Borgesiusstraat 52
4384 JR Vlissingen
The Netherlands
Email: byagnessa@gmail.com
Throughout these Terms and Conditions, “ByAgnessa”, “we”, “us” and “our” refer to Mazurki VOF operating under the ByAgnessa brand.
These Terms and Conditions apply to your use of our website and to purchases made through our online store. By placing an order, you agree to these Terms and Conditions.
Nothing in these Terms limits any mandatory consumer rights that apply to you under applicable law.
2. OUR PRODUCTS
ByAgnessa offers original artwork, art prints and other art-related products, including works that may be created or personalized specifically for an individual customer.
We make every reasonable effort to display our artwork and products accurately. However, colors and appearance may vary slightly depending on your screen, device settings, lighting and, where applicable, the printing process.
Minor variations in handmade or individually produced artwork are part of the nature of such products and do not necessarily constitute a defect.
Product availability may change without notice.
3. ORIGINAL AND COMMISSIONED ARTWORK
Original artworks are unique pieces unless explicitly stated otherwise.
Commissioned, personalized or made-to-order artwork may be created according to information, preferences, photographs, references or other materials supplied by the customer.
Where appropriate, details such as subject, size, medium, expected completion time and price may be agreed before production begins.
Because original and commissioned artworks may be individually created, reasonable artistic variations may occur. Purchasing commissioned artwork does not give the customer creative control beyond the specifications expressly agreed with ByAgnessa.
4. ORDERS
Placing an order constitutes an offer to purchase a product.
An order becomes binding once it has been accepted by ByAgnessa and payment has been successfully processed or otherwise agreed.
We reserve the right to refuse or cancel an order where reasonably necessary, including in cases of suspected fraud, pricing errors, product unavailability or inability to fulfil a commissioned work.
If we cancel an order after payment has been received, the amount paid for the cancelled order will be refunded.
Customers are responsible for providing complete and accurate billing, delivery and contact information.
5. PRICES AND PAYMENT
Prices are displayed in the currency shown in the store.
Applicable taxes will be handled according to the relevant tax rules and the information displayed during checkout.
Shipping costs, where applicable, will be shown before the order is completed.
For deliveries outside the European Union, additional customs duties, import taxes, brokerage charges or other local fees may be imposed by the destination country. Unless expressly stated otherwise, these charges are the responsibility of the customer.
Payments are processed through the payment methods made available during checkout.
6. SHIPPING AND DELIVERY
ByAgnessa offers international shipping to destinations made available during checkout.
Estimated delivery times are estimates and are not guaranteed unless expressly stated otherwise.
International shipments may experience delays due to customs processing, carriers, local authorities, weather conditions or other circumstances outside our reasonable control.
Customers are responsible for providing a correct and complete delivery address.
If a shipment is returned because an incorrect or incomplete address was provided, additional shipping costs may apply before the order can be resent.
Nothing in this section limits any rights or remedies available to consumers under mandatory applicable law where goods are lost, damaged or not delivered.
7. CUSTOMS AND INTERNATIONAL ORDERS
Customers ordering from outside the country from which an order is dispatched may be responsible for customs duties, import VAT, taxes and handling or brokerage charges imposed by their country.
Such charges are determined by local authorities and are generally not controlled by ByAgnessa.
Customers are responsible for checking any import restrictions applicable in their country before ordering.
8. RETURNS AND RIGHT OF WITHDRAWAL
Returns and withdrawals are governed by our separate Refund Policy, which forms part of these Terms and Conditions.
Where mandatory consumer law provides a statutory right of withdrawal, including where applicable for consumers in the European Union or European Economic Area, that right will be respected.
Nothing in these Terms is intended to remove or restrict mandatory statutory consumer rights.
9. PERSONALIZED AND MADE-TO-ORDER PRODUCTS
Certain products may be created according to the customer’s specifications or clearly personalized for the customer.
Where permitted by applicable law, the statutory right of withdrawal may not apply to goods made to the consumer’s specifications or clearly personalized.
This may include certain commissioned artworks or individually personalized products.
This does not affect the customer’s rights where a product is defective, damaged, incorrect or otherwise does not conform to the contract.
10. DAMAGED OR INCORRECT ORDERS
Please inspect your order after delivery.
If your artwork or product arrives damaged, defective or materially different from what was ordered, contact us at byagnessa@gmail.com as soon as reasonably possible and provide your order information and, where useful, photographs showing the issue.
We will assess the matter and provide an appropriate solution in accordance with applicable consumer law, which may include replacement, repair, refund or another appropriate remedy.
11. INTELLECTUAL PROPERTY AND COPYRIGHT
Unless expressly agreed otherwise in writing, all intellectual property rights in artwork, designs, illustrations, photographs, images and other original creative material produced by ByAgnessa remain with their respective copyright owner.
Purchasing an original artwork, print or commissioned artwork means purchasing the physical product. It does not automatically transfer copyright or other intellectual property rights to the purchaser.
Artwork purchased from ByAgnessa is intended for personal use unless commercial rights have been expressly granted in writing.
Without prior written permission, artwork may not be reproduced, copied, commercially distributed, sold as reproductions, used on merchandise, licensed, substantially modified for commercial purposes or otherwise commercially exploited.
Customers may photograph and share artwork they have purchased for normal personal and non-commercial purposes, including on social media, provided this does not falsely suggest authorship or commercial authorization.
12. CUSTOMER-PROVIDED MATERIALS
If you provide photographs, images, text, designs or other materials for a commissioned or personalized artwork, you confirm that you have the necessary rights or permission to provide and use those materials for the requested purpose.
You must not knowingly provide material that unlawfully infringes another person’s copyright, trademark, privacy or other rights.
13. WEBSITE CONTENT
The content of the ByAgnessa website, including original artwork images, photographs, branding, graphics and text created for ByAgnessa, may be protected by intellectual property laws.
You may browse the website and use its content for ordinary personal purposes.
You may not systematically copy, reproduce, scrape, distribute or commercially exploit protected ByAgnessa content without permission, except where such use is permitted by applicable law.
14. THIRD-PARTY SERVICES
Our store may use services provided by third parties, including Shopify and payment, shipping or technology providers.
Your use of certain third-party services may also be subject to the terms and privacy practices of those providers.
ByAgnessa is not responsible for independent third-party websites that may be linked from our website.
15. PRIVACY
Personal information is processed in accordance with our Privacy Policy and applicable data-protection legislation.
Our online store is powered by Shopify, which provides the e-commerce infrastructure used to operate the store.
16. LIABILITY
Nothing in these Terms excludes or limits liability where such exclusion or limitation would be unlawful.
To the maximum extent permitted by applicable law, ByAgnessa will not be responsible for indirect or consequential losses that were not reasonably foreseeable when the contract was entered into.
Nothing in these Terms affects mandatory rights or remedies available to consumers under applicable law.
17. FORCE MAJEURE
We are not responsible for delays or failure to perform obligations where performance is prevented by circumstances reasonably beyond our control, subject to any mandatory rights available to consumers.
Such circumstances may include serious transport disruption, natural disasters, governmental restrictions, strikes, war, widespread service interruptions or other extraordinary events.
18. GOVERNING LAW
These Terms and Conditions are governed by the laws of the Netherlands.
If you are a consumer residing in another country, this choice of law does not deprive you of mandatory consumer protections that apply to you under the laws of your country of residence where such protections cannot legally be excluded.
Any dispute will be handled by the competent courts in accordance with applicable law and mandatory consumer jurisdiction rules.
19. CHANGES TO THESE TERMS
We may update these Terms and Conditions from time to time, for example to reflect changes to our business, services or applicable legal requirements.
The version applicable to an order is generally the version in effect when the order was placed.
20. CONTACT
Questions regarding these Terms and Conditions can be sent to:
ByAgnessa
operated by Mazurki VOF
Goeman Borgesiusstraat 52
4384 JR Vlissingen
The Netherlands
KvK: 97645281
Email: byagnessa@gmail.com