Terms & Conditions
Last updated: [May 2026]
These Terms & Conditions apply to your use of this website, operated by Agata Smuzniak (“we”, “us”, “our”).
By using this website, you agree to these Terms.
1. Website purpose
This website is used to showcase artwork, share information about Agata Smuzniak’s artistic practice, receive enquiries, and facilitate direct enquiries about available artworks.
This website does not currently offer ecommerce checkout or online purchasing functionality.
2. Intellectual property
All artwork, images, text, designs, graphics, logos, videos, and other content on this website are owned by Agata Smuzniak unless stated otherwise.
You may not copy, reproduce, publish, distribute, modify, sell, licence, upload, or commercially use any content from this website without prior written permission.
This includes use of artwork, images, or website content for:
- commercial reproduction
- prints or merchandise
- advertising or promotional material
- NFTs or blockchain-related use
- AI training, machine learning, datasets, scraping, or similar technologies
- editorial or publishing use without permission
3. Purchasing artwork does not transfer copyright
When you purchase an original artwork, print, or other physical item directly from Agata Smuzniak, you are purchasing the physical item only.
Copyright, reproduction rights, licensing rights, and image rights remain with Agata Smuzniak, unless a separate written agreement says otherwise.
You may display purchased artwork for personal or business enjoyment, but you may not reproduce, resell images of, licence, commercially exploit, or create derivative works from the artwork without written permission.
4. Artwork images and colour accuracy
We make reasonable efforts to show artwork as accurately as possible.
However, colours, scale, texture, and appearance may vary depending on screen settings, lighting, photography, print processes, and device displays.
Minor colour or appearance differences are not considered faults.
5. Artwork availability and pricing
Artwork shown on this website may be available for sale by direct enquiry.
Availability, pricing, framing, shipping, delivery, collection, payment, and any other relevant sale terms will be confirmed directly with Agata Smuzniak.
Artwork availability and pricing may change without notice.
We may withdraw an artwork from sale if it has sold elsewhere, is reserved, is required for exhibition, has been listed incorrectly, or is otherwise unavailable.
6. Direct sales and payment
A sale is only confirmed once availability, price, payment, delivery, and any other relevant terms have been agreed directly with Agata Smuzniak.
Payment methods, timing, and delivery arrangements will be confirmed directly before the sale is completed.
We do not currently process payments through this website.
7. Shipping and delivery
Shipping, delivery, or collection arrangements will be agreed directly before a sale is completed.
Delivery timeframes are estimates only. We are not responsible for delays caused by postal services, couriers, customs processing, weather events, incorrect delivery details, or other circumstances outside our reasonable control.
You are responsible for providing accurate delivery information.
8. International enquiries and orders
International enquiries are welcome.
For international purchases, buyers are responsible for any customs duties, import taxes, tariffs, brokerage fees, or local charges required by their country.
We are not responsible for delays caused by customs or border processing.
9. Returns, refunds, and damaged items
We do not offer refunds or exchanges for change of mind.
However, if an artwork or product is faulty, damaged, not as described, or does not meet guarantees that apply under New Zealand consumer law, we will provide a remedy as required by law.
If an item arrives damaged, please contact us within 7 days of delivery at agata@agatasmuzniak.com and include:
- your name
- details of the artwork purchased
- photographs of the packaging
- photographs of the damaged item
- a description of the issue
Please keep the original packaging while the issue is being assessed.
10. Commissions
Commissioned artwork may be subject to separate written terms, including scope, timeline, payment schedule, approval stages, cancellation terms, and usage rights.
Unless agreed otherwise in writing, copyright in commissioned artwork remains with Agata Smuzniak.
Deposits for commissions may be non-refundable once work has begun, provided this has been clearly agreed before the commission starts.
11. Licence requests
For image licensing, commercial use, editorial use, collaborations, publishing, brand partnerships, or reproduction requests, please contact:
No permission is granted unless confirmed in writing.
12. Acceptable website use
You agree not to:
- misuse this website
- attempt unauthorised access
- interfere with website security or functionality
- scrape, harvest, copy, or extract content without permission
- upload harmful code
- use this website for unlawful purposes
- misrepresent your identity or intentions
13. Third-party links
This website may contain links to third-party websites, platforms, social media pages, or embedded content.
We are not responsible for third-party websites, services, content, policies, or practices.
14. Website information
The information on this website is provided for general information and artistic presentation.
We aim to keep information accurate and current, but we do not guarantee that all content will always be complete, current, or error-free.
15. Limitation of liability
To the fullest extent permitted by law, we are not liable for indirect, incidental, special, or consequential losses arising from your use of this website, reliance on website content, delays, website interruptions, or direct artwork purchases.
Nothing in these Terms limits or excludes any rights, remedies, or guarantees that cannot be limited or excluded under New Zealand law.
16. Privacy
Your use of this website is also governed by our Privacy Policy.
17. Changes to these Terms
We may update these Terms from time to time. The latest version will be posted on this page with an updated date.
Continued use of the website after changes are posted means you accept the updated Terms.
18. Governing law
These Terms are governed by the laws of New Zealand.
Any disputes relating to this website, these Terms, or direct purchases from Agata Smuzniak will be dealt with under New Zealand law.
19. Contact
For questions about these Terms, please contact:
Agata Smuzniak
agata@agatasmuzniak.com
Auckland, New Zealand