Art in House Terms of Use

Last Updated Date: 17.08.18

Thank you for visiting artinhouse.shop (the "Site") owned and operated by ART IN HOUSE ANITA WOLSZCZAK-KARASIEWICZ I WSPÓLNICY Sp.j. ("Art in House"), located in Warsaw, Osterwy 2 Street, registered at KRS under the number 0000712085, NIP: 9522172839 ( “the Seller”). Your use of the Site and/or purchasing a work, indicates that you have read, understood and agreed to these terms of use ("Terms", “Terms of Use”) whether or not you have registered with the site. If you do not agree to these Terms, you may not access or use the Site.

GENERAL INFORMATION

1. Main headquarter of the shop is located in Dom Aukcyjny Art in House Anita Wolszczak, Aleje Jerozolimskie 107 Street, 02-011 Warsaw, Poland.
2. Contact details of the Seller:
phone number: + 48 510 211 410
E-mail: info@artinhouse.shop
3. In order to use this website and to purchase items via artinhouse.shop, you need an electronic device with a browser, which supports HTML5 Web Storage, javascript and cookies.

Definitions:

4. Purchaser - a natural person, business entity, non-governmental organization or a public organization, who purchases an item via artinhouse.shop under the conditions stated in the Terms of Use.
5. Customer or User - a person who uses artinhouse.shop with a different aim than economic activity
6. Subject of transaction - “Item” - offered and described at artinhouse.shop, enclosed in the Sales Agreement.
7. Sales Agreement - sales agreement of the Items that works as a Civil Code signed between the Seller and the Purchaser
8. The website or Seller- a website available under the following address: artinhouse.shop via which a Purchaser may place an Order
9. Order - a clear sign of will to buy a precise Item/s, which leads to finalise a transaction

Subject of transaction:

10. Subjects of transaction at artinhouse.shop are the artworks, mainly paintings, which are derived directly from their producers (makers) or from their following owners.
11. The items for sale at artinhouse.shop may carry individual features or traces of passing time. The Seller promises to inform the Purchaser about the individual features of the Items and deliver them without any faults, excluding faults which were mentioned in the Offer.
12. The Items for sale were obtained by the Seller and they are his private property or were taken in a commission.
13. Author rights are not for sale, especially the right to copy and commercial reuse the Items or their images.
14. In order to accept an Item for sale the owner of the item is required to make a statement and claim that it is an original artwork, provide a proof of the ownership and a confirmation that it does not breach any of the rights.
15. The Website may remove Items from it’s offer if there is a reasonable suspicion that the Owner’s declarations from the 15th Paragraph happens to be not true. The website does not take any responsibility for hidden physical faults of the Items or their legal defects.
16. Presented images of the Items on the Website may differ slightly from their original appearance (especially in the color aspect or in the visibility of textures), regarding their individual features.
17. All images of the Items belong to the Seller, unless stated differently. It is not allowed to use any of the published content from the Website without written Seller’s permission.

Orders and the Sales Agreement:

18. In order to purchase an Item, it is required to read, understand and agree to the Terms of Use during the checkout whether or not you have registered with the site. If you do not agree to these Terms, you may not access or use the Site.
19. It is not required to register in order to browse the offer, send inquiries to the Seller or purchase and Item (the transaction may be finalised as a Guest). However, in order to get the access to the whole functionality of the Website (i.e. features: “Followed Artists”, “Picked for you”, “Wishlist”, “Liked”, Collector’s Profile and having the delivery details collected) it is required to register.
20. All of the prices stated on the Website are gross prices shown in Polish currency or in a different one. Cost of the delivery is not included in the gross price.
21. It is possible to place an order via the Website or via the email address: info@artinhouse.shop
22. A customer of the Website may open a user account (register) without the need to purchase an Item, in order to use the features reserved only for the registered users.
23. In order to open a user account/ sign in to the collector’s profile, one has to choose a login (email address that he owns) and a password. The password is a series of letters and numbers chosen by the User. The password is unknown for the artinhouse.shop and it is in the responsibility of the User to keep it secret and protect it from the third-party access.
24. It is allowed to place orders 24/7 all year round, excluding technical works on the Website or network breakdowns, resulting in the lack of access to the Website.
25. User is responsible for filling the sales form with their contact details correctly, including personal data, precise delivery address, email address and the phone number. Registered user is also obliged to update the missing or incorrect details, should their details change.
26. In case the User fills the form incorrectly and it causes extra costs for the Seller, the Seller may charge the User with the extra costs.
27. The User receives an invoice (VAT), which may be attached to the Item or sent via email to the User’s email address stated in the form. Most of the Items are sold with the VAT margin system.
28. By placing the order the Purchaser agrees to share their private details with the Seller and let him place them in the artinhouse.shop database in order to complete and process the order. Their personal details are protected by the Private Data Protection Act and Privacy Policy (artinhouse.shop/en/privacy).
29. After the Order is placed, the Purchaser will receive an automatic message confirming the order was placed.
30. Subsequently, at the first possible date, but no longer than within 48h ( excluding work-free days and national holidays in Poland) after the order is placed and confirmed, the Website will send a confirmation the order is being processed.
31. The confirmation of processing the order is an equivalent of a Sales Agreement.
32. The Website reserves a right to withdraw the processing of the Order if it is impossible to complete the Order.
33. In case of prolonging the date of receiving the Order Processing confirmation, the Website commits to inform the Purchaser immediately and the Purchaser is allowed to resign from completing the Order.
34. In case of withdrawing the Order by the Purchaser or the Seller regarding the 33rd or 34th Paragraph, the Website will return any costs paid by the Purchaser.

Payment:

35. The payment for the Item and for the delivery costs is placed during the placement of the Order via PayPal or PayU.
36. The Website will process the Order after the payment is complete.

Delivery:

37. The purchased items are sent within 72h after the payment is received, excluding Saturdays, Sundays and national holidays in Poland, via a courier company.
38. The cost of the delivery is covered by the Purchaser. The costs may differ regarding the Items offered and the costs are visible during the checkout in the section “Delivery”
39. In case of extraordinary occasions, delivery cost might be calculated individually - should a customer ask for it.
40. From the moment of posting an Item, the average time for the delivery should be as follows:
41. On the 2nd day, in case of using a courier company in Poland
42. Delivery abroad depends on the address given (see the list of destinations and the estimated time for the delivery)


The list of the countries we deliver to:

country estimated time of shipping (number of days)
Albania 10
Andorra 4
Argentina 8
Armenia 10
Australia 7
Austria 4
Azerbaijan 10
Bahrain 7
Belarus 4
Belgium 4
Belize 10
Bermuda 10
Bolivia 8
Bosnia and Herzegovina 10
Brazil 10
Brunei 8
Bulgaria 4
Canada 8
Chile 9
China 9
Colombia 10
Croatia 8
Cuba 10
Cyprus 8
Czech Republic 4
Denmark 4
Ecuador 10
Estonia 4
Finland 4
France 4
Georgia 7
Germany 4
Gibraltar 4
Greece 4
Guyana 10
Haiti 10
Holy See (Vatican City) 4
Honduras 10
Hong Kong 9
Hungary 4
Iceland 7
India 9
Indonesia 10
Iran 9
Iraq 10
Ireland 5
Israel 10
Italy 4
Japan 7
Kazakhstan 8
Kosovo 10
Kuwait 7
Latvia 4
Liechtenstein 4
Lithuania 4
Luxembourg 4
Macedonia 7
Malaysia 8
Malta 5
Mexico 8
Moldova 7
Monaco 6
Montenegro 8
Netherlands 4
New Zealand 7
Nicaragua 7
Norway 4
Panama 11
Paraguay 7
Peru 9
Poland 4
Portugal 4
Qatar 7
Romania 4
Russia 7
San Marino 6
Saudi Arabia 7
Serbia 4
Singapore 7
Slovakia 4
Slovenia 4
South Africa 8
South Korea 8
Spain 4
Sweden 4
Switzerland 4
Thailand 9
Turkey 10
Ukraine 4
United Arab Emirates 7
United Kingdom 5
United States 7
Uruguay 7
Venezuela 12

43. The Website takes no responsibility for any harms or loss of the Items made by the courier companies

44. The Purchaser may self-collect the purchased Item after the conditions of the collection are agreed with the Seller

Withdrawals:

45. You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us:

ART IN HOUSE ANITA WOLSZCZAK-KARASIEWICZ I WSPÓLNICY Sp.j.
Aleje Jerozolimskie 107 Street, 02-011 Warsaw, Poland
phone number: + 48 510 211 410
E-mail: info@artinhouse.shop

of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

46. If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least ex-pensive type of standard delivery offered
by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. You will have to bear the direct cost of returning the goods.

We will make the reimbursement without undue delay, and not later than
– (a) 14 days after the day we receive back from you any goods supplied,
or (b) (if earlier) 14 days after the day you provide evidence that you have returned the goods,

47. The right to cancel does not apply to the following kind of contracts: contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised.

48. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Complaints:

51. The Seller highlights that his offer embraces individual objects, often second-hand and used. Canvas is a delicate object which scratches and microdeflects easily. The Seller provides a detailed specification of each artwork including defects, but one need to bear in mind that the artworks may carry traces of passing time not specified in the description.
52. The Purchaser may reclaim the purchased Item via info@artinhouse.shop. A correctly written complaint should contain:

Name, surname, the address and the e-mail address of the Purchaser
Date of the purchase
The reclaimed Item with a description of the demand
Reasons of the complain

53. If the data given in the complaint needs correction, the Website may ask the Purchaser to correct them.
54. The Website considers the complaints within 14 days from the date of receiving a correctly written complaint.
55. The reply is sent to the Purchaser via an email or by traditional post as agreed with the Purchaser.

Data Protection:

56. The Seller is the administrator of all the Customer’s personal data given voluntarily during the registration process and/or when placing an order via the Website.
57. The Seller processes personal data of the Customers (name, surname, email address, address, phone number) needed to process the order correctly. The Website contacts the Purchaser via the phone and/or via the email address.
58. All of the Customers have a right to view their personal data, change them or delete them from Artinhouse.shop database, after the written demand is placed.
59. The Customer’s personal data is confidential, protected from the third-party access and not shared with anyone unauthorised. The personal data might be shared with intermediary companies, couriers and postal operators only for the order processing purposes.
60. In case of an extraordinary event appointed by the Polish law, the personal data might be shared with national institutions.
61. The Customers who have subscribed to the Newsletter may cancel subscription anytime and delete their email addresses from Artinhouse.shop Newsletter database by clicking the link placed in the bottom line of the Newsletter and/ or by unticking Newsletter box in the Settings on the User Profile.
62. The detailed information regarding the processing, keeping and using personal data and personal data protection were published on the Privacy Policy site. You can access the site with the following link: artinhouse.shop/en/privacy
63. All of the other cases not mentioned in the Terms of Use are regulated by the Civil Code.
64. The Website may apply changes to the Terms of Use anytime. Registered Customers will be informed about the changes during the next logging in on the Website and/or via the email given. In case of refusing to accept the new changes applied, the Customer’s account will be deleted.
65. The Website respects the artistic freedom of expression and takes no responsibility for any ideas expressed by the Items exposed, especially prohibited by the law, offensive, vulgar or infringing any social rules.

Should you have any further questions, please contact artinhouse.shop via the following email: info@artinhouse.shop


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.


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.