Terms & Conditions
(User Agreement)
The Spite Haus, Philadelphia, Pennsylvania, operates an ecommerce platform, provided by Squarespace, to sell artworks, art prints and design objects including those for promotional reasons, at thespitehaus.com.
The Spite Haus acts as commission agent for entities and individuals that offer original artwork for sale, and it acts in its own name when it sells prints and other items with images that are licensed to The Spite Haus for printing.
The Spite Haus’s website offers you content (texts, images, graphics, logos, photos, videos, audios and other products) and also tools and services, conditioned upon your acceptance of all terms, conditions, policies and notices stated in the present User Agreement. If you have any queries regarding present User Agreement please email us at thespitehaus@gmail.com.
The Spite Haus reserves the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to its website. It is your responsibility to check this page periodically for changes. Your access to The Spite Haus website following the posting of any changes constitutes acceptance of those changes.
These Terms and Conditions apply to all users of The Spite Haus website. The Spite Haus can refuse service to anyone for any reason at any time.
If you do not agree to these Terms and Conditions then do not register or use The Spite Haus’s website.
1. Data protection
1.1 The customer has been fully informed by The Spite Haus about the nature, scope, place and purpose of the collection, processing and use of the personal data required for fulfilling an order (see Privacy Policy). The customer expressly agrees to such collection, processing and use of personal data.
1.2 The provisions of the Privacy Policy, in addition to the present User Agreement, shall apply to all of our transactions.
2. Use of the website
2.1 By accessing The Spite Haus’s website or registering with it you will be deemed to have accepted this User Agreement regarding Terms and Conditions. If you do not accept these Terms and Conditions you must immediately stop using this website.
2.2 By buying any products through The Spite Haus’s website you accept These Terms and Conditions.
2.3 By placing an order for products through The Spite Haus’s website as an individual, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
2.4 By placing an order for products through the Site as a business entity, you warrant and represent that you have the authority to legally bind that entity.
2.5 You warrant that all data provided by you on the Site is honest, truthful and accurate.
2.6 If you have an account on The Spite Haus’s website and you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party or allow any third party to access or use your Registered User account. The only exception is that, if you are a business entity, you may disclose this information to your authorized representatives. You will be responsible and liable for any activity carried out on The Spite Haus’s website under the use of your user identification code or password. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if in our opinion you have failed to comply with any of the provisions of the User Agreement or if The Spite Haus’s website becomes unavailable for any reason. You will immediately notify us of any unauthorized use of your password or account or any other breach of security.
2.7 You will inform us immediately of any changes to the information that you provide in any application to become a Registered User.
2.8 You may terminate your Registered User account at any time by sending a notice to us at thespitehaus@gmail.com. Account closure cannot be made retrospectively.
2.9 These terms shall remain in effect after you cease to use The Spite Haus’s Website and/or termination of the User Agreement.
2.10 We may at our choice terminate or restrict your access to The Spite Haus’s website or some or all of the services without prior notice to you in the following circumstances:
(a) when we consider, in our sole discretion, that you are abusing The Spite Haus’s website, its services or other members or users or when you are acting in breach of the User Agreement;
(b) when there is a regulatory or statutory change limiting the ability to provide access to The Spite Haus’s website or its services; or
(c) when there is an event beyond our reasonable control preventing us from providing access to The Spite Haus’s website or its services.
2.11 We will not be liable or responsible for any delay or failure to perform our obligations under the User Agreement that is caused by events outside of our reasonable control.
3. Placing an order
3.1 When directed to enquire about price and discuss shipping options, please Contact Us at thespitehaus@gmail.com.
3.2 When the cart option is activated you can place an order to purchase a product from The Spite Haus’s website, at the checkout you will need to agree to our Terms & Conditions. Please check our policy before purchasing any item especially regarding placing an order, delivery, and returns and cancellations.
3.3 After checkout, we will send you an e-mail confirming receipt of your order and containing the details of your order. This order acknowledgement email is not an acceptance of the order by us and does not guarantee the fulfillment of the order.
3.4 If there are any problems or difficulties with your order at this stage, a member of the team will contact you to explain the issue and seek a resolution.
3.5 All goods are supplied subject to availability.
3.6 No contract of sale of any product will exist between you and us until the product(s) ordered have been dispatched. We will send a confirmation email when the products have left us. This confirmation email will constitute an acceptance by us of your offer to buy the products listed.
3.7 We may decline to supply the products to you without giving any reason. We are entitled to withdraw from any contract in cases of errors or inaccuracies regarding the information appearing on our website or in the order.
3.8 Payments to The Spite Haus shall be made in USD. If payments are made in a foreign currency, any exchange loss shall be borne by the customer. Any taxes, costs and charges incurring in connection with the payment (including any bank charges paid by The Spite Haus) shall also be borne by the customer.
3.9 Customs duties and taxes within the United States: No additional taxes or customs duties are charged for articles that are shipped within the United States.
4. Delivery
4.1 When you buy an original art work or a fine art print from our website you have a choice to arrange delivery yourself or to benefit from a shipment directly to you by us, our artists or partner galleries. The shipping is not included in the total price of the original paintings, unless it is differently stated in the product description.
4.2 If you prefer to arrange delivery yourself please contact us at thespitehaus@gmail.com.
4.3 If you chose to have the shipment of an original painting organized by the artist or our partner gallery, they will put together the best – i.e. the fastest and safest – shipping for you. In this case, we are happy to quote and organize it for you. We reserve the right to decline delivery to some destinations.
4.4 The original artwork will be ready for shipment within 3 working days of receipt of the full payment for the artwork. We will make every effort to deliver your order as scheduled, but delays can occur for a variety of reasons. We shall incur no liability for any delay or failure to deliver products within estimated timescales.
4.5 We do not deliver to post office boxes.
4.6 We process and ship orders during our normal office hours. These are Monday to Friday from 10 am to 6 pm CET (excluding public holidays).
4.7 The shipping of fine art prints is free within the United States. Free delivery does not apply to books or prints on canvas. The Spite Haus reserves the right to decline delivery to some destinations.
4.8 Delivery of canvas prints will be arranged through the courier of our choice unless you choose to arrange shipping or pick up in store.
5. Returns & Cancellations
5.1 We would like to keep you happy. You have the right to cancel an order if it has not yet been dispatched. In this case, we will refund the full amount paid for this order within 14 days. Fine Art cannot be returned. You will have 30 days from the date of sale to return all other items back to us in the same condition as purchased with any tags still attached to the item. You will be responsible for the cost of shipping the item you are returning. In case of receiving a damaged item you must notify us during the next 24 hours after the delivery takes place at thespitehaus@gmail.com and send us photographic evidence of the damaged artwork and packaging.
5.2 If you are returning an item, it must be returned in the original packaging. If you have already disposed of the original packaging, you will be responsible for purchasing packaging materials to send the item back safely. If the conditions above are met, we will refund your money within 14 days of the item being received by The Spite Haus. The money will be refunded to the account from which it came. The Spite Haus is not responsible for undelivered returns.
5.3 The conditions above are drawn from United States law. But because our artists, who are the sellers, and our customers, who are the buyers, may well both reside in countries other than the USA, different regulations may supersede these conditions.
5.4 Custom-made articles (e.g. digital prints, limited objects d'art and pictures on stretcher bars) can generally not be returned or exchanged.
6. Accuracy of Information
6.1 The Spite Haus seeks to ensure that all information on its website, including prices, is accurate. However, errors, discrepancies and changes in currencies exchange rates can occur. If we discover any errors in the price of products, we will notify you as soon as possible and give you the option to resubmit your order at the correct price or to cancel the order. If we are unsuccessful in contacting you then we will consider the order cancelled and you will receive a full refund.
6.2 All prices include United States taxes by state when and where applicable.
7. Liability & Indemnity
7.1 Although we will make reasonable endeavors to verify the accuracy of any information on the site we make no warranties, whether express or implied, in relation to its accuracy. The Spite Haus website is provided on an 'as is' and 'as available' basis and we make no representation or warranty of any kind, expressed or implied, regarding the contents or continued availability of our website or that it will be timely or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information on our website.
7.2 We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be entirely accurate.
7.3 We do not warrant either that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
7.4 The Spite Haus does not accept any liability for minor deviations of the delivered article. In case of works of art (paintings, prints or other products related to artworks) as well as other printed products, minor deviations from the samples as regards colors, format and quality of the paper, canvas or surface cannot fully be avoided for manufacturing and typographic reasons. Such deviations do not justify a notice of defects.
7.5 In case of wrong deliveries and obvious defects, the customer has to give notice to The Spite Haus of these errors or defects within two days of delivery of the articles.
7.6 You agree fully to indemnify, defend and hold us and our employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your account or personal information.
7.6 We will not be liable, in contract, tort, pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any economic or fiscal losses; or loss of goodwill or reputation; or special or indirect losses suffered or incurred by any party arising out of or in connection with the provisions of any matter under these Terms and Conditions.
8. Intellectual Property
8.1 The Spite Haus reserves copyright and intellectual property rights for its entire website content, excluding Squarespace ecommerce platform and theme design.
8.2 Personal permission is granted to our registrants to refer on social media to The Spite Haus’s products, including original artworks and art prints and other items related to them for the sole purpose of facilitating the purchase of those products from The Spite Haus’s website.
8.3 Any other use of content from The Spite Haus’s website, including reproduction for purposes other than those noted above, modification, distribution, or republication for commercial use or otherwise without the prior written permission of The Spite Haus, is strictly prohibited.
8.4 All information about the authorship, technique or signature of the work of art shall be deemed to be part of the specification agreed with the customer, as long as this information is given in good faith and to the best knowledge of The Spite Haus at the time of the sale. Specifications other than authorship, technique or signature of the work of art are not contractually agreed upon.
9. Links
9.1 You may link to our home page, provided that in each case you do so in a way that is fair and legal and does not damage our reputation or take advantage of it and provided also that any website or location to which you link complies in all respects with the User Agreement. Links to or from any other parts of The Spite Haus’s website are not permitted without our prior written consent.
9.2 You must not:
(a) establish a link in such a way as to suggest any form of association, approval or endorsement on the part of us without our prior written approval;
(b) establish a link from any website or location that is not owned by you (or operated by a third party on your behalf) unless we have given our prior written consent; or
(c) take any action, or allow any third party to take any action on your behalf, that would cause the appearance or presentation of The Spite Haus’s website or the Services as seen by Users linking to The Spite Haus’s website to be different from that seen by Users who access our website by hand-entering the applicable URL into a generally commercially available non-customized browser. Without limitation to the foregoing, you must not frame any part of the Services on any other website.
9.3 If you wish to make any use of content on The Spite Haus’s website or if you wish to establish links other than as set out above, please address your request to thespitehaus@gmail.com.
9.4 We reserve the right to withdraw linking permission without notice at our sole discretion.
9.5 Where The Spite Haus’s website contains links to other sites and resources provided by third parties, these links are provided for your information and click-through transactions. We do not monitor those other sites or any of the resources provided by third parties and further we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
9.6 You should also be aware that the User Agreement does not govern your use of those other sites or resources and you should review the applicable terms and policies, including privacy and data-gathering practices, of any third party sites to which you navigate from The Spite Haus’s website or relating to any resources or applications you use or install from third party sites.
9.7 These terms shall remain in effect after you cease to use The Spite Haus’s website and/or after termination of the User Agreement.
10. User feedback
10.1 If, at our request or without it, you send us comments or feedback, you agree that we may use it at any time, in any form and without any restriction.
11. Governing Law
11.1 The User Agreement and any dispute or claim arising out of or in connection with them or their subject matter of formation (including non-contractual disputes or claims) shall be governed, construed and enforced in accordance with the laws of The United States of America. You and The Spite Haus agree to submit to the jurisdiction of the United States Courts.
11.2 We make no guarantees or promises that the materials on The Spite Haus’s website are appropriate for use in locations outside of the United States. If you choose to access this site from locations outside of the US, you do so on your own initiative and are responsible for compliance with any local legislation.
12. Your concerns, complaints and notices
12.1 If you have any concerns about Content that appears on the The Spite Haus’s website, or complaints about or relating to the website, the Services, or the products, please contact thespitehaus@gmail.com.
12.2 When using The Spite Haus’s website you accept that any communications with us will be mainly electronic and you agree that such electronic communications will satisfy any legal requirement that such communications be in writing.
13. Entire agreement
13.1 These Terms, along with any additional rules or conditions referred to herein, constitute the entire agreement and understanding between you and The Spite Haus as to your use of the The Spite Haus’s website, superseding all prior or contemporaneous communications and/or proposals. These Terms are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.
14. Contact
The Spite Haus
thespitehaus@gmail.com
January 14, 2018