THE ART HOUSE GALLERY
TERMS AND CONDITIONS
These Conditions of Sale (“Conditions”) describe the relationship between The Art House Studio, Inc. d/b/a The Art House Gallery (“TAHG” or “we” or “our” or “us”) and the buyers, prospective buyers, bidders, sellers that use TAHG website, products, and services (collectively, the “Services”). By using the Services to buy, bid on, inquire about, or market, you (“you” or “your”) agree to be bound by these Conditions. Please read these Conditions carefully, and contact us if you have any questions.
1. BASIC CONDITIONS
These general conditions apply to all offers, sales, deliveries, contracts and all related services provided by TAHG.
The Services may include features that enable you to contact us or the artist regarding property listed on the Services. We have no obligation to accept or respond to any Inquiry and no liability for any delay or failure to do so.
3. ONLINE PURCHASES
You may be able to place orders to purchase some property using the online purchase feature (“Online Purchase”). Where available, the Online Purchase feature will be indicated on the Services with a "Buy Now" button. Online Purchase orders are binding on the buyer. When you place an order using the Online Purchase feature, you are required to complete the transaction subject to these Conditions.
4. BUYER INFORMATION
The Artwork for sale on TAHG website is the property of each individual artist. TAHG does not own or possess the artwork. Upon purchase, the artwork comes directly from the Artist. When you purchase artwork, through “Buy Now” or auction, you agree that TAHG will provide the Artist with your name, email address and other contact information, and the Artist may contact you directly.
We reserve the right to withdraw any property from the Services at any time and will have no liability whatsoever for any such withdrawal.
6. BUY NOW
Features. You may be able to place orders to purchase some property on the Services using the online purchase feature (“Buy Now”). Where available, the Buy Now feature will be indicated on the Services with a "Buy Now" button. Buy Now orders are binding on the buyer. When you place an order using the Buy Now feature, you are required to complete the transaction subject to these Conditions. If such an item is ordered using the Buy Now feature, it will be withdrawn from the available inventory pending completion of the Buy Now sale.
All Sales are Final. Please note that all sales are final once submitted and may not be cancelled or modified by you.
Total Purchase Price and Payment Deadline. Subject to these Conditions, upon the confirmation of any Online Purchase the sale contract between the buyer and TAHG is concluded. The “Total Purchase Price” includes: (i) the purchase price of the item; (ii) any sales tax, use tax, and/or any other taxes or levies that we are required to collect from the buyer under applicable law; (iii) any and all shipping and packing costs; and (iv) any and all other applicable charges.
Payment Processing. We accept payment from the buyer on behalf of the artist (The Art House Gallery does not take a commission of sales) in connection with sales. We use a third-party payment processor, Stripe that accepts American Express, Visa, MasterCard, Discover, and Diners Club. We may place limits on any credit card purchase to process any transaction at our sole discretion. You authorize us to send instructions to the financial institution that issued your credit card to take payments from your credit card account in accordance with the terms of our agreement with you. If any credit card payment is not approved, the buyer will remain personally liable for all amounts otherwise due. The buyer agrees to notify us directly in writing of any claims or issues regarding any payment made for these sales. Currently, all payments in connection with these sales must be made in the currency specified by us unless we expressly agree otherwise in writing. The buyer is responsible for any foreign exchange costs incurred to make all payments to us in U.S. dollars regardless of the buyer’s home currency, should such foreign exchange be necessary.
Taxes. The buyer is required to pay any and all sales taxes, VAT, export and/or import taxes and duties, and any other transactional taxes or levies related to the purchase of property by the buyer. The buyer is required to pay any taxes we are required to collect, but the failure to collect any taxes from the buyer will not relieve the buyer’s obligation to pay them. Unless expressly otherwise indicated, all prices listed on the Services are exclusive of taxes, and applicable taxes will be collected from the buyer in addition to the listed price.
The Art House Gallery offers artwork for sale through an auction process. Auctions are curated and timed. Some artworks will have a “BUY NOW” price, with a lower starting price for the auction. In order to bid, you must create/be logged in to your account. All bids are legally binding as a committed amount. The highest bid at the end of the auction wins the artwork. The winning bidder is legally required to complete the purchase at the end of the auction.
Bidder Registration and Requirements. In order to bid, you will need to create an TAHG account and register as a bidder, providing any required contact and payment information, and completing any required forms.
Bidder’s Responsibility. Each bidder that places a bid is required to complete the transaction if they place the winning bid (or their bid is otherwise accepted), as a bid is a legally binding commitment to purchase the item if you are the winning bidder. When you place a bid on any item, you are accepting personal liability for the purchase price, any applicable taxes, any and all shipping and packing costs, and all other applicable charges.
Our Discretion. We reserve the right, at our absolute discretion, to: (i) reject or revoke your registration or permission to bid at any time before, during or after any auction; (ii) reject, revoke or refuse to accept any bid at any time before, during or after any auction (even bids that have been previously confirmed, whether on the Services, by email, text message or otherwise); (iii) determine bidding increments and otherwise advance bidding on the Services at any time in any manner we may decide; and (iv) restart or continue bidding during or after any auction conducted on the Services.
All Bids are Final. Please note that all bids are final once submitted and may not be cancelled or modified by you, except with our express written consent under circumstances that we consider appropriate at our sole discretion. Potential examples include if a bidder accidentally enters the wrong bid amount on the Services (e.g. $10,000 instead of $1,000), if there is a material change to an item’s listing on the Services after a bid is placed, or if an item is withdrawn from an auction. You must contact us immediately after placing the bid at issue in order to request to cancel or modify any bid placed in error.
Bidding Record. Our own internal records related to bidding through the Services will be final and binding in all disputes. In the event of any inconsistency between our own internal records and any information provided to any bidder (whether on the Services, by email, text message, orally or otherwise), our own internal records will control.
8. AFTER SALE
Total Purchase Price and Payment Deadline. Subject to these Conditions, upon the confirmation of any Online Purchase, and upon the conclusion of any auction sale, the sale contract between the buyer and TAHG is concluded, and the buyer must pay the Total Purchase Price immediately. The “Total Purchase Price” includes: (i) the purchase price of the item; (ii) any sales tax, use tax, VAT and/or any other taxes or levies that we are required to collect from the buyer under applicable law; and (iii) (for items sold in an auction) any applicable buyer’s premium.
Certificate of Authenticity, Ownership and Risk of Loss. We do not transfer and are not responsible for transferring legal ownership of property from the artist to the buyer. The Uniform Commercial Code will apply to the transfer of ownership between the buyer and the artist, unless the buyer and the artist agree otherwise. TAHG represents that: (i) the artist is the sole owner of each item the gallery offers for sale through the Services and (ii) subject to these Conditions, the artist provides a Certificate of Authenticity certifying the item is unique and confirming it was created by that artist and is free from any claims of third parties.
Taxes. Unless exempt by law, the buyer is required to pay all sales and use taxes (including VAT), export and/or import taxes and duties, and any other transactional taxes or levies (“Transactional Fees”) related to the purchase of property by the buyer. The buyer is required to pay any taxes TAHG is required to collect, but the failure of the gallery to collect any taxes from the buyer will not relieve the buyer’s obligation to pay them. Buyers claiming exemption from any tax are responsible for providing proper documentation. Any delay in obtaining or failure to obtain any relevant documentation or a refund of any tax will not justify the cancellation of any sale or any delay in paying the Total Purchase Price by the Payment Deadline. Unless expressly otherwise indicated, all prices listed on the Services are exclusive of Transactional Fees and any other fees not defined in this Agreement may be collected from the buyer in addition to any listed price.
Shipping and Handling. The buyer is required to pay all shipping, packing, and transit insurance fees and costs for purchased property. We may, but are not obligated to, provide support in the shipping process, such as facilitating communication or payment between buyers and shippers, or recommending third-party service providers. However, any such support or recommendations are for convenience only and do not constitute or imply any representation, warranty, or assumption of liability of any kind by us. We are not the agent of any buyer, artist or third party in connection with the shipping, packing or handling of any property. We do not control and are not liable or responsible for the acts, omissions or policies of any third party in connection with the shipping, packing or handling of any property, whether or not recommended by us. Unless we specifically agree otherwise in writing with respect to certain property, we have no responsibility for the delivery of any purchased property.
Resale. The buyer must not re-offer any purchased property for sale until the buyer has paid for the property in full and has otherwise assumed legal ownership and physical possession of the property subject to these Conditions.
Remedies for Non-Payment. If the buyer for any reason cancels any payment made by credit card or otherwise fails to pay the Total Purchase Price with respect to any property by the Payment Deadline, the buyer will be in default ("Buyer Default") and will be liable for payment of such Total Purchase Price and any other applicable charges. In the event of Buyer Default in connection with any property, without limiting any other rights or remedies available to us or the artist (whether at law, in equity, or under these Conditions), subject to the Uniform Commercial Code, TAHG or artist may cancel the sale of such property to the defaulting buyer and resell such property publicly or privately on terms TAHG or the artist thinks fit, and the defaulting buyer will be liable for payment of any deficiency between the resale price obtained by TAHG and the purchase price originally owed by the defaulting buyer. In any case, the defaulting buyer will be liable to us and the artist for any and all costs, expenses (including reasonable attorneys’ fees), and damages of whatever kind incurred in connection with such Buyer Default, the collection of any amounts due from the defaulting buyer, and/or (if applicable) the resale of the property at issue. In addition, if the buyer for any reason fails to pay the Total Purchase Price with respect to any property by the Payment Deadline, the buyer irrevocably authorizes us, at our option, to charge the buyer for any outstanding portion of such Total Purchase Price using any credit card information the buyer has provided on the Services, whether or not the buyer provided such credit card information in connection with the sale at issue.
8. EXPORT AND IMPORT LICENSES AND OTHER RESTRICTIONS
Prospective buyers are advised that: (i) some countries may prohibit or require a license or permit in order to export or import some property; (ii) cross-border deliveries are subject to opening and inspection by customs authorities; (iii) the laws of some countries may prohibit the resale of some property once it is imported into those countries; and (iv) some countries may reserve the right to purchase some property exported from those countries (sometimes called a “right of preemption”). None of TAHG and our officers, owners, directors, consultants, agents, and employees (collectively, the “TAHG Parties”) or the seller makes any representations or warranties as to whether any property is or is not subject to any such laws or restrictions. It is solely the buyer’s responsibility to determine and obtain at its own cost any necessary export and/or import licenses and other required permits for purchased property. A delay in obtaining or failure to obtain any required license or permit will not justify the cancellation of any sale or any delay in paying the Total Purchase Price with respect to any property. None of the TAHG Parties or the artist will be liable for any damage or loss resulting directly or indirectly from any confiscation of purchased property, transportation restriction, or other action taken by any government or public authority.
9. AVAILABILITY AND PRICING
We cannot guarantee that any property appearing on the Service will be available to sell or listed with the correct price, including but not limited to items listed with the Online Purchase feature. We reserve the right to cancel any Online Purchase order at any time if we are notified by the artist or otherwise determine at our sole discretion that the item ordered is not available to sell for any reason or was listed with an incorrect price, even after the buyer receives an order confirmation (whether on the Services, by email or otherwise). If your Online Purchase order is cancelled under such circumstances, we will notify you by email of such cancellation and you will be refunded for any amounts that you have already paid for the applicable item and its delivery to you (if any), and the TAHG Parties and the artist will otherwise have no liability whatsoever for any such cancellations or listing errors. You acknowledge and agree that all property appearing on the Services is subject to availability.
10. “AS IS”
EXCEPT FOR THE CERTIFICATE OF AUTHENTICITY PROVIDED BY THE ARTIST IN SECTION 15 BELOW, ALL PROPERTY SOLD IN AN AUCTION OR VIA ONLINE PURCHASE IS SOLD “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES.
NONE OF THE TAHG PARTIES OR THE SELLER MAKES ANY REPRESENTATIONS OR WARRANTIES, OR ASSUMES ANY LIABILITY OF ANY KIND, WITH REGARD TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESCRIPTION, SIZE, QUALITY, CONDITION, ATTRIBUTION, AUTHENTICITY, RARITY, IMPORTANCE, MEDIUM, PROVENANCE, EXHIBITION HISTORY, LITERATURE OR HISTORICAL RELEVANCE OF ANY SUCH PROPERTY, AND NO STATEMENT ANYWHERE, WHETHER ORAL OR WRITTEN, WHETHER MADE ON THE SERVICES, IN A BILL OF SALE, AN ADVERTISEMENT, ANY OTHER SUPPLEMENTAL MATERIALS OR ELSEWHERE, WILL BE DEEMED SUCH A REPRESENTATION, WARRANTY, OR ASSUMPTION OF LIABILITY.
ARTIST RETAINS COPYWRIGHT OF THE WORKS SOLD.
12. RETURN POLICY
Returns for any reason are accepted within 7 days of delivery. Returns must be pre-arranged in writing with CEO Rebecca Gray at Rebecca@thearthouse.us within 7 days from tracked delivery. Artworks are returned to the sender’s address. Artworks returned must be received and inspected prior to a refund being issued to ensure the artwork is in the original condition. Refunds are issued to the same method of payment used in the original purchase.
In order to qualify for a refund, returned artwork must be sent with insurance and tracking. The buyer is responsible for all shipping fees, including the actual shipping paid by the artist. Tracked and insured shipping fees (actual price, demonstrated by receipt) will be deducted from refund. A 10% restocking fee will be deducted from the refund for the administrative, inventory and storage expenses related to accepting a return. Return tracking must demonstrate that it was sent within the 7 days from initial delivery.
Condition: Significantly Not as Described
NOTE: Buyer’s remorse or artwork appearance being different due to lighting are not covered in this section of the return policy.
If the item received is significantly different than described (missing a frame described in the listing, or another artwork altogether), contact CEO Rebecca Gray within 7 days of receiving the artwork at Rebecca@thearthouse.us with detailed pictures to demonstrate the inconsistency. This initial contact must be within the 7 days of receipt as demonstrated by the tracking number receipt. Once the return has been approved under the ‘significantly not as described’ section of the return policy, a prepaid label will be issued with insurance and tracking. The return shipment must be sent within a 2-week (14 calendar days) time period from the date the return label was received via email by the buyer. Once the return shipment has been received and inspected, a full refund (including shipping if it was paid by the buyer) will be issued to the same method of payment used in the original purchase.
Condition: Damaged in Shipping
If the item received was damaged in shipment, contact CEO Rebecca Gray at Rebecca@thearthouse.us with detailed pictures to demonstrate the damages. You will be sent an Affidavit requiring your notarized signature as to the exact nature of the damages you allege and that the damages were evident upon receipt. This initial contact must be within the 7 days of receipt as demonstrated by the tracking number. The photos and description of damages will be used to create an insurance claim with the shipping company used for the order. Once the return has been approved under the ‘damaged in shipping” section of the return policy, a prepaid label will be issued with insurance and tracking. The return shipment must be sent within a 2-week (14 calendar days) time period from the date the return label was received via email by the buyer. Once the return shipment has been received and inspected, a full refund (including original shipping if it was paid by the buyer) will be issued to the same method of payment used in the original purchase.
13. DISPUTE RESOLUTION
As we are not the agent of any buyer, prospective buyer or bidder for any purpose, the TAHG Parties have no duty to resolve, and will not act as the agent of any buyer, prospective buyer or bidder in connection with resolving any disputes. However, we reserve the right, but are not obligated, to investigate complaints or claims of buyers, prospective buyers and bidders, and you agree to cooperate with us in any such investigations that we may choose to conduct, as permitted by applicable law.
14. GENERAL RELEASE
THE TAHG PARTIES DO NOT ENDORSE OR CONTROL AND ARE NOT RESPONSIBLE FOR THE CONDUCT, PERFORMANCE OR NON-PERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY BUYERS, PROSPECTIVE BUYERS OR BIDDERS IN ANY WAY CONNECTED WITH THE SERVICES OR ANY PROPERTY LISTED, MARKETED, OFFERED OR SOLD THROUGH THE SERVICES. IF YOU HAVE A DISPUTE WITH ONE OR MORE BUYERS, PROSPECTIVE BUYERS OR BIDDERS IN ANY WAY CONNECTED WITH THE SERVICES OR ANY PROPERTY LISTED, MARKETED, OFFERED OR SOLD THROUGH THE SERVICES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE THE TAHG PARTIES FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL), OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU EXPRESSLY WAIVE ANY BENEFITS OR PROTECTIONS, WHETHER STATUTORY OR OTHERWISE, THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF ENTERING INTO THIS RELEASE.
15. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
16. LIMITATION OF LIABILITY
IN NO EVENT WILL ANY OF THE TAHG PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, REVENUE, ANTICIPATED SAVINGS, BUSINESS, GOODWILL OR OTHER INTANGIBLE LOSSES, OR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (i) THESE CONDITIONS; (ii) THE SERVICES; (iii) THE USE OF OR INABILITY TO USE THE SERVICES; OR (iv) ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
17. CHOICE OF LAW AND VENUE
These Conditions, and the rights and obligations of the parties under these Conditions, will be governed by and construed in accordance with the laws of the State of Michigan and, to the extent applicable, the laws of the United States, excluding any conflict of laws principles. You agree that any claims or disputes arising out of or related to these Conditions, the Services, or the listing, marketing, offer or sale of property through the Services, must be resolved exclusively by a state or federal court located in Barry County, Michigan, United States. You and we each agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Barry County, Michigan, United States, for the purpose of resolving all such claims or disputes, and you waive any objection as to inconvenient forum. The United Nations Convention on Contracts for the International Sale of Goods will not in any way apply to these Conditions, the Services, or the listing, marketing, offer or sale of property through the Services.
18. CHANGES TO THESE CONDITIONS
We reserve the right to change, modify, add or remove any part of these Conditions at any time at our sole discretion. All changes to these Conditions will be effective immediately when posted on the Services, and you agree to review these Conditions carefully and inform yourself of all applicable changes before buying or bidding on any property. Changes to these Conditions will not apply to any transaction, claim or dispute that arose before the changes became effective, all of which will remain subject to the version of these Conditions in effect at the time that such transaction, claim or dispute arose. Please save and/or print a copy of these Conditions for your records.
19. CONTACT US
All comments, questions and the like can directed to CEO Rebecca Gray at Rebecca@thearthouse.us