PLACING AN ORDER REQUIRES CREATING A CLIENT ACCOUNT
GENERAL TERMS AND CONDITIONS. E-ORDERS AND DELIVERIES
1. The online shop accessible on website www.nautilus-art.pl under the tab “Offer”, (hereinafter „E-shop”) is operated by Nautilus Galeria i Dom Aukcyjny Sp. z o.o. spółka komandytowa (hereinafter: „Gallery”).
2. E-shop sells goods via the Internet.
3. All trade names and trademarks used in the texts are registered in favour of their owners and are used only for identification.
4. Goods may be ordered via the www.nautilus-art.pl service on condition that these Terms and Conditions are accepted. By submitting an order Client accepts these Terms and Conditions.
5. To submit an order Client should first register as user or, if already registered, log in to the service by typing in their user ID and password.
6. To place an order Client should select the „Add to cart” option next to each available object, and then choose “Sum up” from cart level. As the next steps, Client is asked to select an address and a method of payment and delivery.
7. When the form is filled out, clicking on "Submit" sends the order and records the information from the form, the sender’s host and the time of submission in our data base.
8. Immediately after Client submits the order, a confirmation will be sent to the e-mail address provided at the time of registration.
9. An order is accepted for processing when
• Gallery receives electronically a confirmation of the order submitted by Client;
• Client wires the price to the account given in the order form and the payment is posted to Gallery’s account.
• For cash payments on pick-up, Client should contact Gallery to set the date to pick up the object and other order details.
• Clients located in foreign countries should contact Gallery to discuss the individual costs and methods of delivery. In exceptional cases when the object cannot be actually delivered to Client’s country, Gallery reserves the right to withdraw from the contract.
10. If the order cannot be confirmed, Gallery reserves the right to withdraw from the contract.
11. By submitting the order Client accepts that the receiver of the order will store and process Client personal data in order to process the order. Client has the right to view and correct Client’s personal data or demand that the data are no longer used, in keeping with the Personal Data Safety Act of 29 Aug. 1997.
SELLING PRICES, FEES, METHODS OF DELIVERY
12. All prices are stated in Polish zlotys and in gross value. The price displayed for each product is binding at the time Client files the order.
13. E-shop reserves the right to change prices for the products it offers, to add new products to its online offer and to carry out, revise or cancel the promotional activities on its website.
14. „*Podlega Droit de suite” (Subject to Droit de Suite) marks objects that are subject to an additional fee in respect of artist resale right, i.e. the artist’s or his successors’ entitlement to receive a resale royalty each time their original art work is professionally sold by an art market professional. The royalty is assessed if the selling price exceeds the equivalent of EUR 100. In Poland, Droit de Suite is regulated by Art. 19-195 of the Act of 4 Feb. 1994 on copyright and neighbouring rights (as amended) in compliance with the European Union’s regulation, Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art.
15. Shipping costs in Poland are added to the product cost at order form level. The costs of overseas deliveries, which are necessary to finalise an order, require prior individual contact with Gallery. Items collected personally by Client from Gallery carry no additional shipping costs.
16. Shipments are made via:
• Courier mail
• The Poczta Polska postal service.
17. Objects are normally delivered within up to three days from the date the payment is posted to Gallery’s bank account. In exceptional cases when the type of the object purchased so requires, the time of delivery is discussed individually between Client and Gallery over the phone or via e-mail.
LEGAL ASPECTS AND LIMITATION OF LIABILITY
18. The sale contract is made between Client and Gallery. The contract will be recorded and secured, and its essential details made available by printing the contract out and handing it to Client along with a tax invoice or order specification.
19. The sale contract is made in compliance with the laws of Poland (see limitations on art exports) and in the Polish language.
20. If a corporate seller is authorised by Client to raise an unsigned tax invoice, only the original of the invoice will be delivered with the item purchased. Such authorisation is given on a one-off bases, for each order separately.
21. Any disputes arising out of or in connection with the purchase contract will be resolved by a court competent for the place of contract performance or for the defendant’s place of residence.
22. Client may, within fourteen days of receipt of the item, withdraw form the sale contract if the catalogue listing of the object differs significantly and indisputably from the actual condition. In case of dispute, Client’s claims will be granted on condition that a reliable expert opinion is submitted within that period.
23. Gallery will not be held liable to Client for any damage exceeding the selling price, whether direct, indirect, accidental or consequential.
24. To the extent permitted by law, Gallery expressly excludes any warranty other than the certificate of authenticity.
25. A certificate of authenticity with an authenticated seal and signature of a licensed expert will be issued for the purchased object only on express request from Client.
26. The total liability of Gallery House will be limited to the value of the purchase price paid by Client.
27. The authenticity of an art work shall be understood to mean appropriate attribution and proper dating of the art work. Gallery House warrants the authenticity of the objects it offers for a period of five years from the date of sale except as described below.
28. Gallery warrants authenticity only to direct buyers of its objects (clients). The foregoing does not apply to:
a) any subsequent owner of the object, including one who acquired the object directly from the direct buyer for a fee or as a gift or inheritance;
b) objects for which dispute over their attribution is pending;
c) objects, the attribution of which is only presumable;
d) objects created in a more or less broadly defined environment influenced by an artist’s style, which is marked in the catalogue and on the certificate with the word “circle”, “school” or “follower” before of after the name of the artist;
e) objects the attribution of which is based on a generally acceptable opinion of specialists, scholars and other experts;
f) objects for which the date of making as stated in the catalogue differs from the actual one by less than fifteen years;
g) objects which were dated correctly in terms of century but incorrectly in terms of part of that century (half or quarter);
h) 20th-centry, 19th-century or older objects the actual dating of which differs from that stated in the catalogue in favour of the objects, i.e. the objects turn out older that stated in the listing;
i) Objects the description and dating of which were found imprecise upon application of scientific methods or tests that were not generally acceptable at the time of sale, or were then considered too expensive or impracticable, or, in all likelihood, could cause damage or loss of value.
29. None of the foregoing provisions excludes or limits the liability of Gallery to Client for conscious deceit or wilful misconduct.