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Online gallery sale terms

These Rules and Regulations define the rules for making purchases on the website at  artinhouse.pl. In the scope of services provided electronically, the Rules and Regulations are the regulations referred to in Art. 8 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002, no. 144, item 1204, as amended).

General provisions

  1. The owner of the artinhouse.pl online store is the company Anita Wolszczak-Karasiewicz Art in House registered at Al. Jerozolimskie 107, 02-011 Warsaw., NIP (Tax Identification Number): 8111559097, hereinafter referred to as the Seller.
  2. The place of business is the premises of the Art in House Auction House Anita Wolszczak-Karasiewicz, Al. Jerozolimskie 107, 02-011 Warsaw.
  3. The Seller may be contacted at:
  1. In order to use the website artinhouse.pl,  including for placing orders through the website, it is necessary to use a device which has an Internet browser with JavaScript and cookies enabled supporting HTML5 standard with web storage technology.

Definitions

  1. Customer - a natural person, a legal person or an organisational unit without legal personality but with capacity to perform acts in law, who, under the terms defined in these Terms and Regulations, places an Order on the website.
  2. Consumer- a Customer who is a natural person and who uses the website for purposes not directly related to its business or professional activity.
  3. Object of the transaction- also referred to as the "Object"- listed and described on the website, covered by the Sales Agreement.
  4. Sales Agreement- agreement for the sale of Objects as stipulated in the Polish Civil Code, concluded between the Seller and the Customer using the Seller's website.
  5. Website or Seller- the website available at artinhouse.pl through which a Customer may place an Order.
  6. Order - Customer's declaration of will, clearly specifying the type and quantity of Goods, leading directly to the conclusion of the Sales Agreement.

Object of Sale

  1. The Objects of sale on the Website are works of art, in particular paintings, acquired directly from their creators or from owners who are non-creators.
  2. The Objects offered by the Website may show traces of the passage of time as well as individual features. The Seller shall inform the Buyers about individual features of the objects and deliver them without defects, with the exclusion of defects indicated in the sales offer.
  3. The objects offered on the Website have been accepted for sale under a commission agreement or have been acquired by the Seller and constitute their property.
  4. The sale, under no circumstances, includes copyrights, in particular the right to reproduce or the right of commercial use of the objects or their images.
  5. Objects shall be accepted to the Website on condition that their owners submit declaration stating that these objects are original, constitute their property and do not violate copyrights of third parties.
  6. The Website reserves the right to remove objects from the website if a reasonable suspicion arises as to the truthfulness of the declaration submitted in accordance with clause 15 of these Rules and Regulations. The Website shall bear no responsibility for hidden physical and legal defects of the objects.
  7. The photos of the objects for sale presented on the Website may slightly differ from the original objects due to their individual features, in particular in terms of colours and pattern visibility.
  8. The Seller is the owner of all photographs presented on the Website, unless specified otherwise. It is forbidden to use the content published on the website without a written consent obtained from the Seller.

Orders and conclusion of the sales agreement

  1. The condition for placing an Order in the Online Store by a Customer is to read these Rules and Regulations and accept its provisions during the processing of the Order.
  2. No registration is required to browse the offer of the website, make enquiries and transactions (purchases can also be made through a guest profile). However, registration on the website is necessary in order to obtain the full functionality of the website, including "Followed Artists" and "Selected for you" functions, a user profile with a list of products liked and added to a wish list. Registration is also necessary for automatic filling-in of new fields with both personal and shipping data saved by the system during the registration process. 
  3. All prices given on the website are gross prices expressed in Polish zloty or in other currency. The prices given do not include shipping costs.
  4. Orders are accepted by the artinhouse.pl website, and at email address: info@artinhouse.pl
  5. The Customer of the Website may open a buyer's account which will provide them with additional functionalities available exclusively for the registered users.
  6. To this end, the Customer should provide a login and a password necessary to access the account. Customer's login is the email address provided by the Customer. The password is a string of characters specified by the Customer. The password of the Customer is not known to the website and the Customer is obliged to keep it confidential and to protect it against unauthorised access by third parties.
  7. Orders can be placed 24 hours a day, 7 days a week, 365 days a year, except for maintenance breaks or the Internet failures resulting in a lack of access to the website.
  8. The Customer is responsible for the correct filling-in of the order form and contact details, including the full address to which the purchased objects are to be sent, as well as the telephone number and email address. When the Customer wishes to place another Order, and their contact details have changed, they are obliged to update them. 
  9.  If the provided data is incorrect and in result it causes damage to the Seller, the Seller is entitled to charge the Customer with additional costs.
  10. The Customer shall receive a VAT invoice which can be attached to the shipment or sent electronically to the email address provided. Most of the objects are sold in the VAT margin scheme.
  11. Placing an order is tantamount to the Customer's consent for including their personal data in the database of the website for the purpose of processing the Order. Personal data will be protected in accordance with the Act of 29 August 1997 on the protection of personal data (consolidated text, Journal of Laws of 2002, no. 101, item 926, as amended) and the Privacy Policy.
  12. After placing an order, the Customer will receive an automatic reply with confirmation of the order acceptance.
  13. Then, at the earliest possible date, however no later than within 48 hours (excluding bank holidays) from the date of placing the order, the site shall send a confirmation of the order being processed to the email address provided by the Customer.
  14. The confirmation of the acceptance of the Order for processing is equivalent to the conclusion of a Sales Agreement.
  15. The Website reserves the right to cancel the Order in the case when the Order cannot be processed.
  16. Should it be the case that the time for the confirmation of the Order processing is prolonged, the site undertakes to immediately notify the Customer of the situation, and in such case the latter is entitled to cancel the order.
  17. In the case of withdrawal from the completion of the order by any of the parties according to the clause 33 or 34 thereof, the website shall reimburse the costs incurred by the Customer.

Payment

  1. Labour and transport costs shall be paid through PayPal or PayU services at the time of placing an order.
  2. Delivery of works shall be contingent upon the receipt of payment.

Delivery

  1. The purchased items are sent within 72 hours after the receipt of payment, except for Saturdays, Sundays and holidays, via courier services.
  2. The Customer shall cover the cost of delivery. The costs may differ depending on the object offered and are specified in the order, in section: "Delivery method".
  3. In exceptional cases, the shipping cost is calculated individually at the request of the Customer.
  4. The average delivery time of the purchased item from the moment of dispatch is:
    • for domestic courier services - on the following day
    • for international shipments - depends on the shipping address
  5. The Website assumes no responsibility for the loss of the objects or damage caused by courier companies.
  6. The Buyer can also collect the purchased item in person with the prior agreement on the terms with the Seller
  7. A Customer who is also a Consumer has the right to return the object purchased on the website without giving any reasons within 14 days from the date of its receipt. Should it be the case, the website shall return all payments received from the Customer.
  8. The payments shall be reimbursed without any undue delay upon the receipt of the returned object, provided that the Customer returns the object in the unaltered state. The Customer undertakes to properly secure the returned shipment. At the request of the Customer, the Seller will provide instructions regarding the appropriate form of packaging of the returned object.
  9. For domestic returns, the website shall reimburse shipping costs to the Customer up to the amount specified in the offer.
  10. To make a return, it is necessary to submit a relevant declaration of will by email at: info@artinhouse.pl 
    The To withdraw from the agreement, the Customer can use a template form available below:

Withdrawal declaration form
(it shall be filled in and sent only with the intention to return the purchased item):

[address of the seller]

I [full name of the buyer] hereby give notice of my withdrawal from the sales agreement regarding the following goods: [the names of the purchased objects].

The date of the conclusion of the agreement is [date], the date of the collection of the items [date].

Name and surname: [name and surname of the buyer]

Login: [login of the buyer]

Address: [address of the buyer]

The number of the account to which the refund for the product shall be transferred: [account number]

Date: [date of withdrawal from the agreement]

  1. When the purchased object has been customized or transformed at the request of the Customer, in particular, when the object has been framed or taken out of stretchers, the Customer cannot exercise the right to return the goods.


Complaints

  1. The Seller emphasizes that they offer individual objects, which are frequently used, and canvas belongs to the group of soft things, prone to scratches and micro dents. Whilst the Seller endeavours to accurately describe all defects of the objects offered, the vast majority of these objects shows traces of the passage of time.
  2. The Customer can submit complaints to the Seller regarding the purchased object at the address info@artinhouse.pl or in writing at the posting address of the Seller. A correctly submitted complaint should contain at least:
    • first name and surname, address and email of the Customer,
    • date of purchase of the object being the subject of complaint,
    • subject matter of the complaint, with an indication of  the Customer's demand;
    • any and all circumstances supporting the complaint;
  3. If the data or information provided in the complaint need to be supplemented, the seller shall - prior to handling the complaint - request the complainant to supplement the same within the scope indicated.
  4. The Seller shall handle the complaint within 14 days of receipt thereof in the correct form.
  5. A reply to the complaint shall be sent to email or the posting address indicated by the Customer. 

Personal data protection.

  1. The Seller shall be a controller of Cusomers' personal data voluntarily provided to the site as a part of Registration process and at the time of placing an Order.
  2. The Seller processes personal data necessary for the proper completion of the Order, i.e. full name, email address, postal address and telephone number of the Customer. The Seller shall contact the Customer by phone and via email.
  3. Each Customer has the right to inspect and rectify their personal data in an accessible user's profile, as well as the right to demand removal of the data from the Customer database kept by the website, with prior notification in written or electronic form.
  4. The personal data of the Customers shall be treated as confidential, secured against unauthorized access and not made available to third parties. They can be made available to operators which facilitate ordering courier services, to postal operators and courier companies only for the purposes of completing the Order.
  5. In particular situations provided for by the Polish law, personal data can be disclosed to state institutions and authorities.
  6. The Customers who have provided their consent to receive the Newsletter can remove their email address from the mailing list by clicking the unsubscription formula at the bottom of the Newsletter and in the settings tab in the user profile.
  7. Detailed information on the processing, storage and use of the personal data and privacy protection has been published on the Privacy Policy page. 

Final provisions

  1. In cases not provided for in these Rules and Regulations, the provisions of the Civil Code shall be applied.
  2. The Seller reserves the right to change the Rules and Regulations The registered Customers shall be informed about the changes in the rules at the next login to the website and/or by email. In the case when a Customer does not accept changes to the Rules and Regulations, the Customer's Account shall be deleted.
  3. The Seller shall respect the freedom of artistic expression guaranteed by Article 73 of the Constitution of the Republic of Poland and shall bear no responsibility for the content expressed by the exhibited Objects, in particular if they are prohibited by law, vulgar, offensive or violating the principles of social intercourse in any other way.
  4. Please, address all questions and concerns to: info@artinhouse.pl
  5. The Rules and Regulations shall come into force on 1 June 2018.

Payment is processed either via PayU or PayPal (according to the location of the user). It is available to pay with an online bank transfer, electronic transfer or credit card.

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