TERMS AND CONDITIONS

Last Updated: Sep 2026

These Terms and Conditions (“Terms”) govern the use of the online store and website platform located at katerynachernetska.com (the “Website”) and any purchase of original artworks from the Seller (as defined below). By accessing the Website or placing an order for any product through katerynachernetska.com, the Buyer (“Buyer”, “you”, “your”) unconditionally agrees to be legally bound by these Terms.

1. SELLER INFORMATION

The Website and the commercial offers provided herein are operated and legally represented by a sole proprietorship (eenmanszaak) established under the laws of the Netherlands:

Trading Name: Kateryna Chernetska
Legal Owner: Kateryna Chernetska
Registered Address: Schubertlaan 43, 2324CN, Leiden, The Netherlands
Contact Email: info@katerynachernetska.com
Chamber of Commerce (KvK) No: 42076327
VAT (BTW) Number: NL005475687B31

2. SCOPE AND APPLICABILITY

These Terms apply strictly to all commercial offers, transactions, and legal agreements concluded between the Seller and the Buyer via the Website. By completing a transaction or checking the acceptance box at digital checkout, the Buyer explicitly confirms that they have read, understood, and consented to these Terms without reservation.

The Seller explicitly rejects the applicability of any general terms or purchasing conditions invoked by the Buyer. If any specific provision of these Terms is deemed invalid or legally unenforceable by a competent court of law, the remaining provisions shall continue in full force and effect.

3. PRODUCTS & ARTISTIC CHARACTERISTICS

All products presented on the Website are original abstract creations crafted with cotton canvas, threads, and structural materials, designed and executed solely by the artist, Kateryna Chernetska (the “Artworks”). Each piece is sold as an original, completed, or custom physical creation.

The Seller utilizes high-resolution digital photography to depict the Artworks as accurately as possible; however, minor variations in color representation may occur due to individual monitor settings, graphic hardware, and viewing conditions. Stated dimensions refer strictly to the main canvas or textile structure, excluding exterior mounting or custom frames unless explicitly designated otherwise.

4. PRICING AND CURRENCY

All prices published on the Website are listed in Euros (€) and include applicable taxes where legally required.

Shipping and delivery costs are not included in the item price and will be calculated, displayed, and added during the final checkout step based on the destination address. The Seller reserves the right to correct obvious typographical or system pricing errors prior to dispatch.

5. ORDER FORMULATION AND CONCLUSION OF AGREEMENT

5.1 Direct Store Orders

The presentation of Artworks on the Website serves strictly as an invitation to treat and does not constitute a legally binding offer by the Seller. An order is formally placed when the Buyer executes the checkout process and provides valid payment authorization. The contract of sale is definitively concluded when the Seller transmits an explicit written Order Confirmation via email.

5.2 Inquiries and Direct Payment Links

For Artworks purchased following a private inquiry, custom request, or direct email consultation, the Seller will issue a tailored offer via email containing a secure payment link. A binding legal contract is definitively formed only upon successful receipt of payment through the provided link. All sales executed via direct payment links remain strictly subject to these Terms and Conditions, as well as our Shipping Policy, Return & Refund Policy, Privacy Policy, and all other applicable policies published on the Website.

5.3 Discretionary Rejection

The Seller reserves the discretionary right to reject or cancel any transaction prior to dispatch based on suspected fraud, unauthorized payment, shipping constraints to non-serviced jurisdictions, or inventory discrepancies.

6. PAYMENT MODALITIES

The full purchase amount, including all applicable shipping costs, must be paid in full at the time of placing an order.

All monetary transactions are processed securely via Squarespace Payments and PayPal, alongside their integrated certified processing partners. We accept a wide range of payment methods displayed during checkout, including major credit and debit cards (Visa, Mastercard, American Express), digital wallets (Apple Pay, Google Pay, PayPal), regional European payment options (iDEAL, Klarna), and other supported digital payment methods.

The Buyer legally warrants that they are authorized to utilize the selected payment method. Legal title and physical ownership of the Artwork shall not pass to the Buyer until the Seller has received undisputed, cleared payment in full.

7. SHIPPING, DELIVERY AND RISK ALLOCATION

Artworks are shipped internationally from the Netherlands utilizing professional, tracked, and fully insured third-party courier services (e.g., PostNL, DHL, FedEx, UPS). Stated shipping timeframes are approximate guidelines supplied by the courier and do not represent legally binding deadlines. The Seller accepts no liability for delays resulting from customs clearance procedures or force majeure events.

Under Dutch civil law (Art. 7:11 BW), the risk of physical loss or damage to the Artwork passes legally to a consumer Buyer upon physical receipt/delivery of the package at the designated address. If a package is returned to the Seller due to an incorrect address provided by the Buyer, failure to claim the package at a designated pickup point, or repeated refusal to accept delivery, the Buyer shall bear all additional shipping fees required for re-dispatch.

8. INTERNATIONAL CUSTOMS, IMPORT DUTIES AND TAXES

For international deliveries destined outside the European Union (EU), the Buyer acts as the official Importer of Record. The Buyer is exclusively and fully responsible for paying all import tariffs, customs clearance duties, brokerage fees, local sales taxes, or administrative charges levied by the destination nation.

The Seller is legally obligated to declare the genuine transaction value of the Artwork on all commercial invoices and customs documentation. Refusal to accept an international delivery due to local import duties shall not entitle the Buyer to a refund of outbound or inbound shipping costs.

9. RIGHT OF WITHDRAWAL & RETURNS (STATUTORY EU CONSUMERS)

Pursuant to EU consumer protection rules (Art. 6:230o BW), a Buyer residing within the European Union (EU) purchasing strictly as a private consumer possesses a statutory right to withdraw from the purchase contract within fourteen (14) calendar days from physical receipt of the Artwork, without providing justification.

9.1 Exceptions: Custom & Commissioned Artworks

In accordance with Art. 6:230p sub f of the Dutch Civil Code (BW), the statutory right of withdrawal DOES NOT APPLY to custom, bespoke, or commissioned Artworks created specifically to the Buyer’s individual preferences or custom dimensions. All sales of custom-commissioned artworks are final.

9.2 Withdrawal Procedure for Ready-Made Artworks

To exercise the right of withdrawal for ready-made artworks:

  1. The EU consumer must notify the Seller within the 14-day window via an explicit written email to info@katerynachernetska.com.

  2. The Artwork must be dispatched and returned to the Seller without undue delay, and no later than 14 days from the date of withdrawal notification.

  3. The Artwork must be returned in its original, pristine, unaltered condition, securely packed in its original protective packaging or an equivalent professional art-grade packaging.

  4. The Buyer shall bear all return shipping costs. The Seller strictly requires returns to be executed via a reputable, tracked courier service requiring a physical signature upon delivery.

9.3 Non-EU Buyers

For all purchases executed by Buyers residing outside the European Union (EU), all sales are final, and no statutory right of withdrawal applies unless required by mandatory local law.

10. DAMAGED SHIPMENTS & CONFORMITY CLAIMS

In the unexpected event that an Artwork arrives damaged, the Buyer must notify the Seller via email within forty-eight (48) hours of physical delivery.

The Buyer must provide photographic evidence documenting the exterior packaging (prior to opening, if damaged) and the specific damage inflicted upon the physical Artwork. This timeframe is required to enable the Seller to initiate an insurance compensation claim with the logistical carrier. Upon validation of shipping damage, the Seller will coordinate a return at the Seller’s expense and issue a complete refund or replacement options.

11. COMPREHENSIVE LIMITATION OF LIABILITY

To the maximum extent permitted by applicable mandatory law, the Seller’s cumulative financial liability for any claim or legal dispute arising from the purchase of an Artwork shall be strictly limited to the net purchase price paid by the Buyer for that specific Artwork.

The Seller shall not be held liable for indirect, incidental, or consequential damages, including physical damage resulting from improper installation, poor structural mounting, exposure to negative environmental factors, or third-party handling after delivery. Nothing in these Terms limits liability for intentional misconduct or gross negligence.

12. PROFESSIONAL CARE GUIDELINES FOR FINE ART TEXTILES

Textile fine art works are sensitive to environmental dynamics such as direct sunlight, extreme humidity, and improper handling. Each Artwork is supplied with a physical Care Guide included within the shipment.

The Buyer acknowledges and agrees that long-term preservation requires strict adherence to the provided Care Guide (including, but not limited to, protection from direct UV radiation, avoidance of high-moisture environments, and dry non-chemical cleaning methods).

Material degradation, color shifts, or damage resulting from environmental exposure or failure to observe the provided Care Guide shall not be deemed product non-conformity or manufacturing defects and remains the sole responsibility of the Buyer.

13. INTELLECTUAL PROPERTY AND COPYRIGHT

The completion of a commercial sale transfers physical ownership of the Artwork object only. All intellectual property rights, world copyrights, reproduction rights, and moral rights remain exclusively vested in the artist, Kateryna Chernetska, in perpetuity.

The Buyer is strictly prohibited from reproducing, digitizing, scanning, modifying, or creating derivative works from the Artwork or its online digital depictions for commercial exploitation or public distribution without express prior written authorization from the artist. Private display in personal or commercial spaces, as well as casual sharing on social media with clear credit attributed to the artist, is fully permitted.

14. PERSONAL DATA AND PRIVACY

The Seller processes all personal identification and order information collected during transactions strictly in accordance with the GDPR and the Dutch GDPR Implementation Act (UAVG). For full disclosures, please refer to our Privacy Policy published on the Website.

15. COMPLAINT PROCEDURES AND DISPUTE RESOLUTION

Formal complaints regarding an Artwork or transaction must be directed to the Seller via email at info@katerynachernetska.com. The Seller shall confirm receipt within five (5) business days and deliver a substantive response within fourteen (14) calendar days.

Consumers within the European Union may also seek alternative dispute resolution via the official European Commission Online Dispute Resolution (ODR) platform at: https://ec.europa.eu/consumers/odr.

16. GOVERNING LAW AND LEGAL JURISDICTION

These Terms, all transactions executed via the Website, and any subsequent legal disputes between the Seller and the Buyer shall be governed exclusively by, and interpreted in accordance with, the laws of the Netherlands. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is explicitly excluded.

Any unresolved legal proceedings shall be submitted to the exclusive jurisdiction of the competent court of law in the Netherlands, without prejudice to mandatory international consumer protection provisions that grant an EU consumer the statutory right to bring legal actions in their country of residence.

17. AMENDMENTS AND TECHNICAL HOSTING

The Website is hosted on the Squarespace platform. The Seller reserves the right to amend these Terms from time to time. The applicable version for any purchase is the version published online at the exact moment the checkout process is finalized by the Buyer.