Terms and Conditions

1. About my artwork

1.1. All original paintings available through this website are handmade artworks created by me.

1.2. Because each painting is handmade, small variations in brushwork, texture, colour, and finish are natural characteristics of an original artwork and are not considered defects.

1.3. I make every effort to photograph my paintings accurately. However, colours can appear slightly different depending on your screen, device, brightness, and other display settings.

If you are unsure about the colours or details of a painting before purchasing, you are welcome to contact me and request additional photographs or information.

1.4. Unless otherwise stated in the product description, paintings are sold unframed.

1.5. Purchasing an original painting gives you ownership of the physical artwork. It does not transfer the copyright or reproduction rights to you.

2. Orders

2.1. All available artworks can be purchased directly through my online shop.

2.2. Once you have placed an order and payment has been successfully received, you will receive an order confirmation by email.

2.3. I aim to process and dispatch orders within 14 days of receiving payment. The expected shipping time and available delivery options are shown at checkout.

2.4. Because I am an independent artist and prepare and package the artworks myself, processing times may occasionally be longer than expected. If there is a significant delay, I will contact you.

2.5. If an artwork becomes unavailable unexpectedly after an order has been placed, I will contact you and refund the amount paid for the unavailable artwork.

3. Prices and payment

3.1. All prices displayed on the website are in euros (€).

3.2. Any applicable shipping costs are displayed separately before you complete your purchase.

3.3. Payments are processed through Stripe via Squarespace Commerce.

3.4. Available payment methods are those displayed at checkout.

3.5. I do not store your full credit or debit card details.

3.6. In the unlikely event of a clear pricing or technical error, I reserve the right to contact you before fulfilling the order. If an order needs to be cancelled because of such an error, you will receive a full refund.

4. Shipping and delivery

4.1. I currently package and ship orders myself using postal and delivery services such as PostNL or DHL.

4.2. Shipping costs and available delivery options are shown at checkout and may vary depending on the destination and size or weight of the artwork.

4.3. I currently offer shipping to the countries listed at checkout. If your country is not listed but you would like to purchase an artwork, please contact me before placing an order.

4.4. Once an order has been handed to the shipping provider, delivery times depend on the carrier and destination. Estimated delivery times are not guaranteed unless a specific delivery date has been agreed.

4.5. If you provide an incorrect or incomplete delivery address and this results in additional shipping costs, I may ask you to cover the additional cost of re-delivery where permitted by law.

4.6. If a parcel cannot be delivered because of an issue attributable to the buyer, such as an incorrect address or failure to collect a parcel, please contact me so that we can arrange the next steps.

4.7. If an artwork is lost or damaged during delivery before it reaches you, I will work with you and the shipping provider to resolve the issue in accordance with your statutory consumer rights.

For online purchases, the seller generally remains responsible for the goods until they are delivered to the consumer, unless the consumer independently arranged the carrier.

5. International orders

5.1. I may offer international delivery to selected countries.

5.2. For deliveries outside the European Union, the destination country may charge import duties, customs fees, VAT, or other local charges.

5.3. Unless explicitly stated otherwise at checkout, these additional import charges are the responsibility of the buyer.

5.4. Customs rules vary between countries, and I cannot guarantee how a particular country's customs authority will process an order.

6. Returns, Refunds & the Right of Withdrawal

I want you to be happy with your artwork, and I take particular care when packaging original paintings for shipping. If something goes wrong with your order, please contact me so that I can work with you to find an appropriate solution.

6.1. Right of withdrawal

If you purchase a standard artwork that is already available in my online shop, you generally have a 14-day right of withdrawal under EU and Dutch consumer law.

This means that you may cancel your purchase within 14 days after receiving the artwork without having to provide a reason.

The fact that an artwork is an original or handmade painting does not, by itself, remove this right.

If you simply change your mind about an artwork, you may therefore still exercise your right of withdrawal within the applicable period.

6.2. How to request a return

If you wish to exercise your right of withdrawal, please contact me at:

studio@izabelavalentinapakan.com

Please include your order number and the artwork you wish to return.

You may also use the standard EU withdrawal form.

I will provide the information necessary to complete the return.

6.3. Condition and packaging of returned artwork

To protect the artwork during its return:

• The artwork should be returned in its original condition, as far as reasonably possible.

• Please use the original packaging where possible.

• You are responsible for packaging the artwork securely enough to prevent damage during return shipping.

• Please do not paint on, alter, modify, varnish, or otherwise change the artwork before returning it.

You are responsible under applicable law for any reduction in the value of the artwork resulting from handling beyond what is reasonably necessary to establish its nature, characteristics, and functioning.

I therefore strongly recommend taking care when handling and repackaging an original painting.

I cannot automatically apply a fixed percentage deduction, such as a 50% deduction, simply because the original packaging is missing or the packaging is different. Any reduction in the refund must reflect an actual reduction in the value of the artwork where the law permits such a reduction.

6.4. Return shipping costs

When you exercise your right of withdrawal, you are responsible for the direct cost of returning the artwork, unless I have agreed to cover these costs or I failed to inform you about them before your purchase.

The cost of the original standard delivery to you will be refunded in accordance with applicable law. If you selected a more expensive delivery option than the least expensive standard delivery option I offer, I am not required to refund the additional amount.

6.5. Refunds

Once you have exercised your right of withdrawal, I will refund the amount due within the applicable legal timeframe.

I may wait with the refund until I have received the returned artwork or until you have provided evidence that you have sent it back, whichever occurs first.

Refunds will normally be made using the same payment method used for the original purchase.

6.6. Colour differences: digital photographs vs. original artwork

Please note that photographs displayed on this website cannot always reproduce the exact colours and appearance of an original painting.

The appearance of colours may vary because of:

• Different screens and devices

• Brightness and contrast settings

• Colour calibration

• Lighting conditions

• Individual display settings

I make reasonable efforts to photograph my paintings as accurately as possible.

If you are particularly unsure about the colours or details of an artwork, you are welcome to contact me before purchasing and request additional photographs or a short video of the actual painting.

However, a difference between the way a colour appears on your screen and how it appears on the physical artwork does not automatically mean that the artwork is defective or does not correspond to its description.

Nothing in this section limits your statutory right of withdrawal or your rights if the artwork is defective, materially different from its description, or does not correspond to what you ordered.

6.7. Damaged artwork

If your artwork arrives damaged, please contact me as soon as reasonably possible.

Please provide:

• Your order number

• Photographs of the artwork

• Photographs of the packaging

• A description of the damage

Photographs of the packaging can be particularly helpful when I need to make a claim with the shipping provider.

If the artwork has been damaged during delivery, I will work with you to find an appropriate solution in accordance with your statutory consumer rights.

You are not required to pay return shipping costs for a defective or damaged product where applicable consumer law requires the seller to bear those costs. EU consumer rules provide protection for defective or non-conforming goods.

6.8. Incorrect artwork

If you receive an artwork that is different from the one you ordered, please contact me as soon as possible with your order number and photographs of the artwork received.

I will arrange an appropriate solution, such as correcting the order or providing a refund, in accordance with your statutory rights.

6.9. Complaints

For practical purposes, I would appreciate it if you contact me as soon as you notice a problem with your order, preferably within 7 days of delivery, particularly in cases of visible damage.

However, this is a request to help me resolve problems quickly and is not a deadline that removes your statutory consumer rights.

If you discover a defect later, you may still have legal rights under the applicable statutory guarantee and consumer protection rules.

6.10. Made-to-order and personalised artwork

The statutory right of withdrawal does not apply to every type of purchase.

An artwork that is made specifically to your specifications or clearly personalised for you may fall under the legal exception for made-to-order or personalised goods.

This does not automatically apply to every commission. Where I believe an exception applies to a particular commission, I will make this clear before you place the order.

6.11. Unannounced returns

Please contact me before sending an artwork back.

This allows me to provide the correct return information and helps ensure that the artwork can be safely tracked and received.

However, contacting me before returning an item does not remove or restrict your statutory right of withdrawal.

7. Exceptions to the right of withdrawal

The 14-day right of withdrawal does not apply to every type of product.

In particular, the right of withdrawal may not apply to an artwork that has been made to order or clearly personalised according to your individual specifications, where the legal conditions for this exception are met.

For example, a standard original painting already available in my shop will generally be treated differently from a painting I create specifically for you based on your personal requirements.

If an exception applies to a particular commissioned artwork, I will make this clear before the order is placed.

8. Damaged, defective, or incorrect artwork

8.1. If your artwork arrives damaged, defective, or different from the artwork you ordered, please contact me as soon as reasonably possible.

8.2. Please include your order number and, where relevant, photographs of the artwork and its packaging. This helps me understand what happened and communicate with the shipping provider if necessary.

8.3. I will work with you to find an appropriate solution in accordance with your statutory consumer rights.

8.4. If an artwork is defective or does not conform to the agreement, your statutory rights remain fully applicable. These rights cannot be excluded by these Terms & Conditions. EU consumer rules provide a minimum legal guarantee for goods, subject to the applicable national rules.

9. Colour differences and photographs

9.1. I photograph my artworks as accurately as possible, but digital images cannot always reproduce the exact appearance of an original painting.

9.2. Colours may vary depending on your monitor, phone, tablet, brightness, contrast, colour settings, and ambient lighting.

9.3. These natural differences between a photograph displayed on a screen and the physical artwork do not by themselves mean that the artwork is defective or does not conform to its description.

9.4. If you are uncertain about the colours or details of a painting before purchasing, please feel free to contact me for additional photographs or a short video of the actual artwork.

This does not affect your statutory consumer rights or your right of withdrawal where it applies.

10. Complaints

If something goes wrong with your order, please contact me first at:

studio@izabelavalentinapakan.com

I handle each order personally and will do my best to resolve problems fairly and promptly.

When contacting me about an order, please include your order number and a description of the issue.

You retain any statutory rights available to you under applicable consumer law.

11. Commissions and custom artwork

I may accept commissions separately from the artworks available in my online shop.

For a commission, we will agree on the relevant details before I begin the work, which may include:

• Subject or concept

• Size

• Medium

• Price

• Estimated completion time

• Shipping costs

• Payment arrangements

• Any specific personalisation requested

11.1. A commission will only begin once the agreed payment or deposit has been received.

11.2. Because a commissioned artwork may be created specifically according to your personal requirements, it may fall under the legal exception to the 14-day right of withdrawal for goods made to order or clearly personalised. I will clarify this before accepting the commission.

11.3. If I am unable to complete an accepted commission, I will contact you and arrange an appropriate solution, which may include a full refund.

11.4. The exact terms of each commission will be agreed with the client before work begins.

12. Intellectual property and copyright

12.1. All paintings, photographs, videos, text, designs, and other creative content on this website are protected by copyright and other intellectual property laws.

12.2. Purchasing an original artwork does not transfer copyright to the buyer.

12.3. The buyer owns the physical artwork but may not reproduce, commercially exploit, resell reproductions of, or otherwise use the artwork's image for commercial purposes without my prior written permission.

12.4. I retain the copyright in my artwork and may photograph and display completed artworks for my portfolio, website, exhibitions, social media, publications, and other artistic or promotional purposes.

13. Reference Images and Artistic Process

13.1. Some of my artworks are developed using photographic references as part of my artistic process. I may use one or several photographs as visual references when developing a painting.

13.2. Where I use a photograph as a reference, I make reasonable efforts to identify and credit the original photographer whenever the source can be reliably established. When possible, relevant photographer credits or source information may be included in the artwork description, social media post, or other accompanying information.

13.3. In some cases, photographic references found online may be difficult to trace back to their original creator or source. While I make a genuine effort to identify the original photographer, I cannot always establish the original source with certainty. If you believe that you are the creator of a photograph used as a reference for one of my artworks and have not been appropriately credited, please contact me so that I can review the source and, where appropriate, add or correct the attribution.

13.4. My use of photographic references does not mean that I claim ownership of the underlying photographs. The photographs remain the intellectual property of their respective creators.

13.5. My paintings may combine elements from multiple photographic references, alter or reinterpret elements of those references, and incorporate my own composition, colour, lighting, subject matter, and artistic decisions. The resulting artwork is my own artistic work; however, the use of a photographic reference does not transfer or remove any copyright that may exist in the original photograph.

13.6. I take copyright and attribution seriously and aim to treat the work of photographers and other artists with respect. If you believe that an artwork on this website uses your copyrighted photograph without appropriate attribution or permission, please contact me at Izabela.pakan@gmail.com with information identifying the original work. I will review the matter and take appropriate steps where necessary.

14. Website content and use

I make reasonable efforts to ensure that the information on this website is accurate and up to date.

However, photographs, descriptions, availability, prices, and other information may occasionally contain errors or require updates.

I reserve the right to correct errors and update information on the website.

Any correction will not affect an order that has already been accepted, except where applicable law provides otherwise.

The content of this website is intended for personal and informational use.

You may not copy, reproduce, modify, distribute, or commercially use my artwork, photographs, written content, or other website material without my prior written permission, except where permitted by applicable law.

15. Liability

I take care to ensure that the information on this website and the artworks I sell are accurately described.

However, I cannot guarantee that the website will always be available, completely error-free, or free from technical problems.

Nothing in these Terms & Conditions excludes or limits liability where such exclusion or limitation is not permitted by law.

In particular, nothing in these Terms & Conditions limits your statutory consumer rights or my legal obligations regarding defective or non-conforming goods.

16. Applicable law

These Terms & Conditions are governed by the laws of the Netherlands, subject to any mandatory consumer protection rights that apply to you under the law of your country of residence.

If you are a consumer living in another EU country, choosing Dutch law does not remove mandatory protections that apply to you under applicable EU or national consumer law.

Any dispute will be handled by the competent court in accordance with applicable law.

17. Changes to these Terms & Conditions

I may update these Terms & Conditions from time to time, for example if my shop, services, or business practices change.

The version that applies to your purchase is the version available at the time you place your order.

The latest version will always be available on this website.

18. Contact

If you have any questions about these Terms & Conditions, your order, returns, or commissions, please contact me at:

studio@izabelavalentinapakan.com

Last updated: September 2026