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ArtInside

conditions

TERMS OF SALE OF ARTINSIDE ONLINE GALLERY


§1 General Information

1. These regulations specify the terms and conditions of sale of works of art (hereinafter referred to as the Artworks) by Lidia Klepacka conducting business under the firm ARTINSIDE - GALLERY OF ART AND DESIGN, located in Poznan, ul. Swiecka 4, entered in the Business Register run by the Mayor of Poznan with the number 78768/2011, via the website with the following address: www.artinside.pl


2. Sales are made via the Internet in the form of a distance contract, between the person placing an order, hereinafter referred to as the Client, and the seller, hereinafter called the Gallery.


3. The Client of the Gallery can be a natural or legal person or a company without legal status, whom the law confers legal capacity, and who has a full legal capacity and an active e-mail account.


4. Any Client placing an order is required to read these Terms of Sale. Failure to read the Terms of Sale does not exempt from the application of their regulations.


5. Before the purchase the Client confirms the acquaintance with the Terms of Sale and declares that he accepts them in the current form. In case of doubt, it is assumed that the the first proceeding related to the purchase by the Client indicates acceptance of these rules and consent to its application when entering into transactions.


§2 Client Registration and Privacy Policy

1. The registration of the Client is performed after entering the data in the registration form.


2. Entering the registration data by the Client is necessary for the purchase transaction. It is in the interest of the Client to provide accurate data which allows appropriate contact and delivery of the Artworks. The Gallery is not responsible for the consequences of providing false data by the Client.


3. The Client is responsible for updating personal data provided in the registration form. If in doubt, contact or delivery is considered effective with regard to the addresses listed in the registration form.


4. The Gallery reserves the right to withdraw from the contract if the data submitted by the Client in the registration form is invalid or insufficient to complete the order (incomplete).


5. Registration with the Gallery is tantamount to consent to processing of personal data of the Client by the Gallery (if given).


6. The Client's personal data is protected and will be processed in compliance with all safety requirements specified in the Personal Data Protection Act of August 29, 1997 (Journal of Laws 2002, Item No. 101.926 as amended). The Gallery administers the data. The Client has the right to free access to their data, including editing (correcting), and the right to require the cessation of processing the data, and its removal from the database.


7. Client may opt to receive e-mail including promotional materials and information related to the subject of the gallery.


§3 Purpose of the Gallery

1. The purpose of the gallery is to sell Artworks by means of the Internet.


2. The gallery presents digital images of Artworks on offer, along with their detailed description and price.


3. The presented photographs are illustrative photographs depicting the overall image of an Artwork and its basic features. The actual Artworks may slightly vary from the photographs, in particular regarding colours. Such differences do not constitute grounds for claims of the Client.


§4 Prices

1. All prices quoted on the Gallery web web pages are denominated in Polish zlotys (PLN), and are gross prices (i.e. to pay).

2. A standard price is the price of the given Artwork without the frame. If the frame is an integral part of the Artwork, it will be so described, and the price will include the Artwork with the frame.

3. The cost of delivery of the Artworks to the Client must be added to each order. The amount is given in the description of the Artworks. In special cases, the cost of delivery depends upon the specific type of Artwork and will be determined with the Client prior to shipment.


§5 Shopping

1. Orders are submitted via the form available at the Gallery website.


2. Adding the Artworks to the "Shopping Cart", clicking on "Submit Order" and then, after providing personal data, clicking on "Confirm", is tantamount to sending the Client's inquiries about the availability of the Artwork and giving the Artwork(s) in the shopping cart the status of reservation.


3. The reservation is valid for a period of 48 hours. At that time, the Parties shall agree on all elements of the transaction in accordance with the provisions of these Terms of Sale. In case the conditions are not agreed, the reservation is automatically cancelled, without any need for other action by the Client.


4. The Gallery shall immediately acknowledge the receipt of the order by sending a message to the e-mail address specified by the Client in the registration form.


5. The sale contract is deemed concluded upon confirmation of availability of the Artwork in the Gallery (i.e. possibility of purchase).


6. The Gallery shall confirm availability of the Artworks within 48 hours from the time of receiving the order by sending an e-mail to the address provided by the Client in the registration form. In the event that the Artworks are not available at the same time, the Gallery sends information to the Client about non-availability of the Artworks. In the case of non-availability of the Artworks, the transaction is not concluded.


7. In the case of confirmation of availability ofthe Artworks, the parties should carry out the transaction in accordance with the following requirements.


8. The Client shall pay 100% of advance payment for the Artworks to the Gallery's bank account within 3 working days after receiving the confirmation of the availability of the Artworks for sale. The advance payment is the sum of the sale price of the Artworks and the delivery costs.


9. Should the advance payment for the Artworks not occur by the date specified in paragraph 8 of this section, the Gallery reserves the right to cancel the purchase contract of the Artworks, about which the Client will be informed by e-mail.


10. For each accepted order a bill or invoice is issued. The bill or invoice is issued immediately upon receipt of the advance payment from the Client, when the Artworks requested by the Client is prepared for shipping.


11. The Gallery shall update the Client about changes in the order status, sending the information to the e-mail address provided by Client in the registration form.


12. The Gallery reserves the right to offer the Artworks for sale in an auction organised separately. Only a person registered in the Gallery can participate in the auction. Details of the auction will be determined by separate regulations.


13. In the areas not covered by the auction regulations, the provisions of these Terms of Sale apply.


§6 Delivery

1. Shipping costs including insurance, packaging and transport of the consignment are borne by the Client.


2. Delivery of the Artworks are carried out in Poland and the European Union via courier service.


3. The price of domestic shipping is given on the Gallery's website individually for each Artwork. In special cases, the cost of delivery depends on the character of the Artworks and will be agreed on with the client prior to shipment.


4. The shipping rates and time of delivery within the European Union are determined immediately after receiving the order.


5. The total time of completing the order, i.e. the time that elapses from the moment the advance payment is made untill the ordered goods are sent (only working days are considered here) is 3 to 7 working days for domestic shipments.


§7 Damage to the consignment in transit

1. Notification of damage to the shipment during transport will be accepted only on the basis of a complaint made to the employee of the courier company at the time of delivery.


2. Please be advised that each consignment dispatched by the Gallery is insured and therefore, in the event of damage, breakage or flooding of the package, as well as in the case of damage to the protective tape, the Client should draw up a report with a description of the damage and the signature of the employee of the courier service making the delivery.


§8 Complaints and return of Artworks by the Client who is a consumer

1. For the purposes of these Terms of Sale, the term 'Consumer' is understood as the Client of the Gallery who is also a consumer in the meaning of the Article 22[1] of the Polish Civil Code.


2. The provisions of this section apply only to consumers.


3. A consumer may withdraw from the purchase contract within 10 days from the date the Artworks were sent to them, according to the Act of March 2, 2000 on protection of consumer rights and liability for damage caused by dangerous products (Journal of Laws of 2000, Item No. 2.271, as amended), by returning the item intact. The cost of the return shipment, including the cost of the transport service provided by the carrier is borne in this case by the Consumer.


4. The return of the purchased Artworks should be made to the following address: Artinside, ul. Swiecka 4, 60-454 Poznan, Poland.


5. The returned Artworks must be accompanied by the bill / invoice and the account number for which the reimbursement of the selling price of the Artworks are to be made.


6. The Gallery shall not receive COD (cash on delivery) items.


7. In the event that the Consumer returns the Artwork in accordance with the contents of these Terms of Sale, the Gallery shall return the price levied within 14 days from the date of return of the Artworks by the Consumer, to the specified bank account.


8. In case the Artworks purchased at the time of delivery are inconsistent with the contract, the Consumer is entitled to lodge a complaint of the purchased Artworks. The Consumer is entitled to this privilege only in case of non-compliance within six months from the date of receipt of the Artworks. After that date the right to lodge a complaint lapses.


9. The complaint referred to in the preceding paragraph shall not be granted if the Artworks correspond to the description indicated on the Gallery's website, or has the characteristics shown on the photograph on the Gallery's website.


10. Non-compliance with the contract is not tantamount to minor colour differences between the photograph presentation of the Artwork posted on the Gallery's website and the original Artwork which are a result of technical reasons, and therefore can not be subject to complaint. The Gallery shall endeavour to ensure that the digital photographs of the Artworks are of the best quality.


11. The non-compliance with the contract must be notified to the Gallery in writing or by electronic mail (e-mail).


12. The complaints lodged in the manner and within the time specified in these Terms of Sale shall be dealt with within 14 days from the receipt of the complaint.


§9 Complaint and return of the Artworks by a non-consumer Client.

1. Should a Client notice a defect (damage) of the Artworks, a declaration in writing or electronically, no later than 7 days from the receipt of the shipment by the Client, should be made.


2. The Complaints lodged in the manner and within the time specified in these Terms of Sale shall be dealt with within 14 days from the receipt of the complaint.


3. Slight colour differences between the photograph presentations of the Artworks posted on the Gallery's website and the original Artworks that are a result of technical reasons, cannot be subject to complaint. The Gallery shall endeavour to ensure that the digital photographs of the Artworks are of the best quality.


4. Gallery is not responsible for hidden physical or legal defects of the Artworks.


5. This excludes the responsibility of the Gallery of implied warranties.


§10 Copyrights

1. All Artworks presented on the Gallery's web pages are there with the consent and knowledge of the copyright owners of these Artworks. It is prohibited to copy and distribute materials on the Gallery's website without the knowledge and consent of the copyright owners.


§11 Final Provisions

1. Any questions about making purchases at the Gallery shall be sent to the following e-mail address: galeria@artinside.pl

2. The Gallery reserves the right to make changes in the Terms of Sale without prior notification to the Client. Changes in Terms of Sale will be published every time on the Gallery's website under the tab 'Terms of Sale'.


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