platform terms of service the ART

version 1.1 | effective september 3, 2026.

platform operator	Hi DESIGN Sebastian Siwy
address	21 różana st., 55-010 Radomierzyce
tax ID number	8941704766
contact	admin@the-art.pl
website	the ART / the-art.pl

the terms of service set forth the rules for using the platform the ART, including the rules for providing services electronically, publishing and presenting works, reservations, online sales, subscription plans, billing, and content moderation.

§ 1. general provisions

1. these terms and conditions (hereinafter: “terms”) set forth the rules for using the online platform the ART, operated by Hi DESIGN Sebastian Siwy, 21 różana st., 55-010 Radomierzyce, NIP 8941704766 (hereinafter: “operator” or “the ART”).

2. you can contact the operator regarding matters related to the platform, the terms of service, account management, content reports, and complaints at admin@the-art.pl, unless the platform specifies a different dedicated channel for a particular matter.

3. the ART is an online platform for showcasing works of art, creating profiles for artists and galleries, making reservations, and—in cases provided for by the platform’s functionality—entering into online sales agreements for works of art.

4. these terms and conditions constitute the terms and conditions for the provision of electronic services to the extent required by law to be made available to the user before the user begins using the services.

5. use of the platform constitutes acceptance of the terms of service to the extent applicable to a given feature. if additional terms and conditions are presented to the user for a specific service, plan, promotion, or transaction, those terms take precedence with respect to their specific provisions, provided they do not violate mandatory provisions of law.

6. the provisions of these terms and conditions do not exclude or limit consumer rights or other rights that, under applicable law, cannot be effectively excluded or limited by contract.

§ 2. definitions

1. platform – website the ART including features such as accounts, profiles, reservations, sales, payments, and user dashboards.

2. user – any person using the platform, including those who are not logged in.

3. account – the user’s individual account at the ART.

4. artist – a user who maintains an artist profile and publishes works in accordance with the functions specific to that role.

5. gallery – a user who maintains an art gallery profile and publishes artworks, including for the purpose of reserving them and—after the payment terms have been met—selling them online.

6. collector – a user who uses features specifically designed for discovering, reserving, and purchasing artworks.

7. architect – a user who uses features specifically designed for searching, reserving, and purchasing works for personal or project purposes.

8. exhibitor – artist or gallery.

9. seller – the party to a specific contract for the sale of a work, as identified in the offer, order, transaction details, or other information provided prior to the conclusion of the contract.

10. consumer – a natural person who enters into a legal transaction with a business entity that is not directly related to their business or professional activity, as well as—to the extent provided by law—a natural person conducting business who is entitled to consumer protection under a given contract.

11. business user – in particular, an artist or gallery using the ART in connection with a business or professional activity and offering goods or services to consumers.

12. artwork – a work of art or art object presented on the platform as an individual listing, along with a description, price, photos, status, and exhibitor details.

13. reservation – temporary suspension of access to the work pursuant to § 10, which in and of itself does not constitute a sales contract.

14. buy now – a feature that allows users to enter into and pay for a sales contract online for a work for which the feature is active.

15. plan – paid or free feature package the ART assigned to an artist or gallery, including a recurring schedule.

16. Stripe – an external payment infrastructure provider used by the platform, including in the Stripe connect/express model, in accordance with the current configuration the ART.

17. only at the ART – a special “artworks” mode that indicates an exclusive online sales channel through the ART; this status alone does not determine ownership of the work or that the seller is the operator.

§ 3. nature and role the ART

1. the ART provides online intermediary services and makes technical infrastructure available that enables exhibitors to display works and users to search for, reserve, and—in certain cases—purchase them.

2. as a general rule the ART is not a party to the contract of sale for the work concluded between the buyer and the seller. the seller’s identity should be evident from the information regarding the work, the checkout process, the order, or the sales document.

3. the mere fact that the payment is technically processed using the platform’s infrastructure or payment accounts associated with the ART, does not alter the terms of the sales contract, unless otherwise expressly stated prior to the conclusion of the contract.

4. if Hi DESIGN Sebastian Siwy is expressly identified as the seller in a specific transaction, the provisions governing sales by the operator and the information provided to the buyer prior to placing an order shall apply to such sale.

5. in “only in” mode the ART“the operator may act as a sales intermediary, a consignment agent, a transaction processor, or—if expressly indicated—the seller. the status ‘only in the ART” does not, on its own, determine the legal basis for the sale.

6. the ART does not provide the services of an appraiser, authenticity expert, conservator, insurer, carrier, or investment advisor, unless expressly stated otherwise for a specific service.

7. the ART may use third-party services, including hosting, email, payment systems, security, analytics, and anti-spam solutions, to the extent permitted by law and in accordance with the privacy policy.

§ 4. technical requirements and account

1. to use the platform, you must have at least the following: a device with internet access, a current web browser that supports standard javascript and cookies, and an active email address for features that require an account.

2. the user is required to provide accurate, current, and complete information and to update it whenever it changes.

3. the user is responsible for keeping their password confidential and ensuring the security of their own device. you may not share your account with unauthorized persons or use another person’s account without a legal basis.

4. the ART may require email confirmation, re-authentication, or additional verification before certain features are made available, specifically reservations, purchases, payments, postings, or withdrawals.

5. no single person or entity should create multiple accounts to circumvent the platform’s restrictions, plans, moderation, commissions, limits, or safeguards.

6. the ART may use automated and manual measures to prevent abuse, spam, fraud, and unauthorized access.

7. an account intended for entering into contracts, publishing works as an exhibitor, making payments, or receiving payments may be created by an adult with full legal capacity or by a person acting on behalf of an entity with legal capacity. a minor may use the platform only to the extent permitted by law and with the consent of, or through, a legal representative, if required.

§ 5. user roles and seller status

1. an account can have a business account type corresponding to the role of artist, gallery, collector, or architect. the role determines the platform features available and cannot be arbitrarily changed by manipulating the URL or the interface.

2. the exhibitor agrees to accurately indicate whether they are acting as a business. the ART may base relevant consumer communications on the exhibitor’s statement, subject to the right to request documents or verification.

3. if the seller is not a business, the provisions granting the consumer specific rights against a business may not apply to the contract concluded with the seller. information regarding the seller’s status must be provided to the buyer prior to the conclusion of the contract to the extent required by law.

4. an exhibitor acting as a business is required to provide the ART information and documents required by law or necessary for lawful sales, including—to the extent applicable—identification, registration, contact, tax, and payment information.

5. the ART may suspend the ability to sell online until the required seller verification or payment setup is completed, without blocking the profile, listings, or reservations themselves, if the platform’s functionality allows for such separation.

§ 6. plans and subscriptions

1. selected artist and gallery features may be available as part of plans. the scope, limits, price, billing period, and other terms of a given plan are presented before purchase.

2. if the plan is recurring, the payment may be automatically renewed in subsequent periods in accordance with the information provided at the time of purchase and the payment provider’s terms and conditions.

3. the user is responsible for providing accurate payment information and the funds necessary to cover the fee for the next billing period.

4. failure to renew may result in a limitation of the features included in the plan, a suspension of online publishing or sales, and—after an unsuccessful renewal period—the expiration of the plan, in accordance with the current policies of the platform and the payment processor.

5. renewing the plan and accounting for payments in the ordering system do not result in the creation of a new account, re-onboarding, or a change in the business account type.

6. plan prices are displayed on the platform along with the relevant tax information. the currently applicable tax class may result from the product configuration and applicable regulations; a change in taxes resulting from a change in the law does not require an amendment to these terms and conditions, provided that applicable regulations allow for the appropriate adjustment of the gross/net price.

7. a user may opt out of renewing their plan using the feature available in their account or by contacting the ART. as a general rule, cancellation takes effect prospectively and does not result in an automatic refund for the period already commenced, subject to mandatory consumer rights.

8. the ART may change prices or the scope of plans for future periods. business users are notified of changes in writing with the advance notice required by law, and in the event of a change to a recurring price, the user may cancel before the change takes effect if the terms or payment conditions so provide.

9. if the plan is purchased by a consumer and constitutes a service provided remotely, the consumer has the right of withdrawal under statutory provisions. if, at the consumer’s express request, the provision of the service begins before the withdrawal period expires, the consumer may be required to pay proportionally for the service provided up to the time of withdrawal, in accordance with applicable law. the ART may require an appropriate statement or consent before service can begin immediately.

§ 7. guidelines for artists

1. artists can create a public profile, publish works, and use the features included in their plan.

2. the standard mechanism for expressing interest in an artist’s work is a reservation. an artist’s works are not automatically eligible for the “buy now” feature, unless the platform explicitly introduces such functionality in the future based on separate terms and conditions.

3. reserving an artist’s work does not constitute a sales contract. the terms of any sale following a reservation—including the final price, delivery, payment, and sales documentation—are agreed upon between the parties involved outside the online sales platform. the ART, unless the platform specifies otherwise.

4. the artist is responsible for the accuracy of the artwork’s description, its availability, the rights to the presented content, and the accuracy of information regarding authorship, technique, dimensions, condition, and provenance.

§ 8. guidelines for art galleries

1. a gallery can create a profile, publish artworks, accept reservations, and—once payment and settlement conditions are met—enable the “buy now” feature.

2. the lack of a ready-to-use Stripe express configuration or another required payment mechanism does not, in principle, prevent the publication of a work or a reservation, but it does block online sales until the requirements are met.

3. for gallery works available for sale online, the platform may display both “reserve” and “buy now” simultaneously. an active reservation blocks the ability to purchase online for the duration of the reservation.

4. the gallery is the seller of the artwork in a standard online sale, unless another entity is explicitly identified as the seller prior to the conclusion of the contract.

5. the gallery is liable to the buyer for the performance of the sales contract, in particular for the work’s compliance with the contract, its authenticity and description, the right to sell, delivery or shipping, required documents, complaints, cancellations, and returns—to the extent provided by applicable law.

6. the gallery agrees to keep its identification and billing information up to date and to notify us immediately the ART regarding circumstances that may affect the legality of the sale, payment, or presentation of the works.

§ 9. publication of works

1. an exhibitor may publish only works to which they hold the rights or have valid authorization to display and offer within the scope of use on the platform.

2. the description of the artwork must be accurate and must not be misleading regarding authorship, originality, technique, dimensions, date, condition, signature, edition, provenance, certificate, price, availability, or other characteristics relevant to the buyer.

3. photos should depict the actual work. permissible technical editing must not result in a significant distortion of the work’s appearance, color, condition, or characteristics.

4. the ART may moderate content before or after publication and may refuse to publish, restrict the visibility of, or remove a work if there is reasonable suspicion of a violation of the law, the terms of service, the rights of third parties, security rules, the platform’s quality standards, or a risk to buyers.

5. publication on the platform does not constitute a confirmation of the authenticity, market value, legality of origin, or condition of the work by the ART, unless the operator has expressly provided separate written confirmation regarding a specific matter.

§ 10. reservations

1. a reservation serves to temporarily block the availability of a work to other users. the standard reservation period is 24 hours from the time it is successfully created, unless the platform interface specifies a different period.

2. a reservation is not a sales contract, a preliminary agreement, or a guarantee that a transaction will take place. its sole effect is to temporarily reserve the artwork in the system. the ART and enabling contact or further action in accordance with the exhibitor’s role.

3. while a reservation is active, the “buy now” feature for this artwork is unavailable. the ART it employs technical safeguards designed to limit the risk of a successful reservation and sale of the same work occurring simultaneously.

4. a reservation expires automatically after the specified time has elapsed, unless it is terminated earlier with another permitted status. by default, a reservation is not automatically extended.

5. the exhibitor or another person authorized to manage the work may, within the limits of the platform’s functionality, mark the work as sold or cancel the reservation. the ART may also cancel a reservation in the event of an error, abuse, violation of the terms of service, a security issue, or the need to comply with a legal obligation.

6. users should not make a reservation unless they have a genuine interest in the artwork. misuse of the reservation feature may result in restrictions on this feature or on your account.

§ 11. operational notifications

the ART may send artists and galleries operational notifications related to the functioning of accounts, artworks, reservations, sales, or other platform features via email, text message, or other communication channels available on the platform.
sms notifications may pertain, in particular, to the creation of a work reservation, its upcoming expiration date, and other events requiring a timely response from the exhibitor.
artists or galleries using features that require sms notifications are required to provide a valid and current phone number and to update it immediately if it changes.
the notifications referred to in this paragraph are of an operational or transactional nature and do not constitute marketing communications. the sending of text messages containing marketing communications is governed by separate rules and—if required by law—after obtaining the appropriate consent.
for the technical implementation of sms notifications the ART may use third-party communication service providers, specifically twilio. the rules for processing personal data in connection with such communication are set forth in the privacy policy.
the delivery of sms messages may depend on the operations of telecommunications carriers, network availability, the validity of the phone number, the recipient’s device configuration, and the operation of external communications infrastructure. the absence or delay of an sms message does not change the status of a reservation or the dates and events recorded on the platform. the user should use their account as the primary source for the current status of their reservations and artworks.

§ 12. buy now and conclusion of the sales contract

1. the “buy now” feature is available only for artworks that meet the current online sales conditions, including availability status, the seller’s readiness to process payments, and payment system requirements.

2. the information displayed immediately before placing an order must specify, at a minimum, the work, the seller, the price, any additional costs, the payment method, and other information required by law.

3. placing an order with an obligation to pay results in the conclusion of a sales contract between the buyer and the designated seller at the time specified in the checkout information and in accordance with applicable law. the ART provides technical support for the process, but as a general rule does not thereby become a seller.

4. a work is marked as sold after payment is successfully confirmed in accordance with the platform’s system. the statuses “pending,” “on-hold,” “failed,” or “canceled” do not constitute a successful sale.

5. the ART may refuse to accept an order or block checkout if the artwork has been reserved or sold, the seller has changed, the billing status has expired, or any other circumstance has occurred that renders the shopping cart invalid.

6. buyers may not effectively purchase their own artwork or circumvent the platform’s security measures through manually constructed urls, API requests, or shopping cart modifications.

§ 13. prices, payments, and settlements

1. the prices of the artworks are presented in PLN as the platform’s transaction currency, unless otherwise expressly indicated prior to the conclusion of the contract.

2. the ART it may display approximate price conversions in other currencies. these values are for informational purposes only, may be based on external exchange rates, and do not change the currency used for checkout, orders, or billing.

3. online payments may be processed by Stripe or other payment service providers. the user is also subject to the payment processor’s terms and procedures to the extent necessary for transaction processing, verification, kyc/kyb, fraud prevention, and withdrawals.

4. the ART it can technically collect and distribute funds using the Stripe connect/express platform model. the seller authorizes the ART and the payment processor to deduct any applicable commissions, adjustments, refunds, chargebacks, disputed amounts, and other amounts due arising from transactions or the terms of service, to the extent permitted by law and the payment terms.

5. the time it takes for the seller’s account to be credited depends on the transaction status, the settlement mechanism, security periods, the payment processor, the bank, and any applicable reviews. the ART does not guarantee a specific time or day when funds will be credited to the seller’s bank account, unless expressly agreed otherwise.

6. the ART may suspend, delay, or adjust a payment to the extent necessary to handle a return, dispute, chargeback, suspected fraud, violation of the law or the terms of service, or a negative balance associated with the seller.

7. the seller is required to refund the ART amounts that the operator has incurred or reimbursed to the buyer or the payment processor as a result of circumstances attributable to the seller, in particular non-performance or improper performance of the contract, justified withdrawal, a complaint, a chargeback, or a violation of the law. the ART may deduct such amounts from the seller’s future receivables, to the extent permitted by law.

§ 14. art gallery commissions

1. in the standard online sale of gallery works the ART it charges a commission in accordance with the active gallery plan. the commission is calculated prior to the transaction and recorded as billing data for that specific order; a subsequent change to the plan does not alter the historical commission for a transaction that has already been processed.

2. the basic commission rates for the current gallery plans are as follows:

gallery layout	commission the ART from standard online sales
the ART gallery home	15%
the ART Gallery Pro	10%
the ART gallery partner	5%
the ART Gallery Pro friend	10%

3. unless otherwise specified in the plan or transaction, the above rates do not include an additional fixed transaction fee. the ART. any payment processor fees, taxes, or third-party charges are settled in accordance with the current configuration and the information provided to the relevant user.

4. failure to correctly identify a plan or commission may result in the “buy now” button being disabled until the correct configuration is restored. the ART it does not apply an arbitrary substitute commission to the gallery’s actual sales in place of the rate required by the plan.

5. the above rates do not apply to “exclusive” works the ART”, if an individual transaction model has been configured for such a work. in this case, the terms specific to that work take precedence.

§ 15. delivery, transportation, and receipt

1. unless the platform expressly states otherwise, the seller is responsible for the proper delivery or shipment of the work.

2. the seller is responsible for properly packaging the artwork, selecting a carrier, providing shipping documents, arranging shipping insurance, and complying with requirements regarding export, import, cultural property, customs, and cross-border restrictions—to the extent that they apply to the transaction in question.

3. shipping costs and terms should be disclosed before the contract is concluded or agreed upon by the parties if the sale takes place outside the checkout process the ART after booking.

4. the ART is not liable for the carrier’s actions, delays, damage, or loss of the artwork during transport, unless the operator is itself a party to the contract of carriage or liability arises from mandatory provisions of law.

§ 16. consumer rights, cancellation, and complaints

1. if the buyer is a consumer and the seller is a business, mandatory consumer protection provisions apply, including those regarding pre-contractual information, conformity of the goods with the contract, complaints, and—as a general rule—the right to withdraw from a distance contract.

2. in typical online sales of goods to consumers, the withdrawal period is 14 days and, as a general rule, begins when the consumer or a person designated by the consumer takes possession of the goods, unless a statutory exception or a different specific rule applies.

3. the seller indicated in a given transaction is liable for any complaint regarding a work arising from the nonconformity of the goods with the contract. the ART it may provide a technical channel, information, or communication support, but this does not relieve it of the seller’s legal liability.

4. if the seller is Hi DESIGN Sebastian Siwy, information regarding withdrawal, complaints, the return address, and other obligations of the seller will be provided to the buyer in accordance with the law during the transaction.

5. if the seller is not a business, the seller may not be entitled to specific consumer rights against the business. the ART provides the buyer with information about the seller’s status based on the seller’s data and statements to the extent required by law.

6. in the event of a withdrawal or a complaint regarding a sale by the gallery, the gallery agrees to cooperate with the ART and the payment processor to the extent necessary to ensure the timely fulfillment of the buyer’s rights, including providing data, confirming a refund, collecting the work, and paying the amounts due, if such an obligation arises from law or contract.

7. a reservation in and of itself is not a sales contract; therefore, the right to withdraw from a sales contract generally does not apply to the creation of a reservation itself. the rights of the parties arise from any subsequent sales contract.

§ 17. authenticity, provenance, and conformity of the work

1. the exhibitor declares that the information about the work is true, and that the offering of the work complies with the law, the rights of third parties, and any restrictions arising from the work’s origin, status as a cultural asset, copyrights, inheritance rights, liens, attachments, and other encumbrances.

2. the seller is responsible for the authenticity of the claimed authorship, the accuracy of the information regarding provenance, and the documents in their possession, to the extent that this information is provided to the buyer.

3. the ART may request a certificate, document of origin, proof of ownership, information about previous owners, conservation documentation, or other verification materials; however, their acceptance does not imply that the ART guarantee of authenticity.

4. the ART may refuse to publish or sell a work if there is reasonable doubt regarding its legality, authenticity, ownership, provenance, sanctions, aml, export restrictions, or reputational risk.

§ 18. intellectual property rights

1. copyright and other intellectual property rights in the content submitted by the user remain with the user or the applicable rights holder. these terms and conditions do not transfer ownership of these rights to the ART.

2. to the extent necessary for the operation and promotion of the platform, the user grants the ART a non-exclusive, royalty-free, territory-unrestricted license to use the submitted photos, descriptions, profile name, logos, and other content for as long as they are available on the platform and for a reasonable period necessary for archiving, settlement of accounts, and documentation of previous publications.

3. the license covers, in particular, recording, reproducing, making available to the public on the internet, displaying on the platform, cropping and technical scaling, creating thumbnails, and use in promotional materials the ART and the user’s offer, including on social media, in newsletters, advertisements, search engines, and affiliate channels, while preserving the creator’s integrity and reputation to the extent required by law.

4. the user warrants that they possess the rights and consents necessary to grant the above license and that the use of the content by the ART in this regard, it does not infringe on the rights of third parties.

5. the trademarks, name, visual identity, software, layout, and elements of the platform belong to the operator or its licensors and may not be copied, used, or distributed beyond permitted use without the consent of the rights holder.

§ 19. prohibited content and activities

1. it is prohibited to publish, offer, or distribute via the ART content or works that are illegal, infringe on the rights of third parties, are derived from criminal activity, are counterfeit, are subject to a ban on trade or sanctions, or whose sale or transport requires permits that have not been obtained.

2. in particular, the following are prohibited: impersonating another person, falsifying authorship or origin, publishing malicious code, circumventing security measures, automatically harvesting data on a mass scale without consent, manipulating reservations, the checkout process, or rankings; spam; fraud; extortion; and using the platform for money laundering or to circumvent sanctions.

3. an exhibitor may not offer a work over which they do not have effective control, nor may they keep it listed as available if it has been sold, destroyed, lost, or subject to a restriction that prevents the performance of the contract.

4. the user is responsible for the content and actions carried out through their account, unless they can prove unauthorized use through no fault of their own.

§ 20. moderation, reports, and decisions

1. the ART may moderate users’ content and activities on its own initiative or based on reports. moderation may include refusing to publish content, restricting visibility, removing content, blocking monetization, restricting features, suspending, or closing an account.

2. reports of potentially illegal content can be submitted to admin@the-art.pl, providing at least: the exact URL or other unambiguous location of the content, a justification for why it is illegal, the reporter’s contact information—unless the law provides for an exception—and a statement that the report is made in good faith and is true.

3. the ART the operator reviews reports with due diligence, objectively, and without undue delay, in accordance with the nature of the case and the available information. the operator may request additional information if the report does not allow for the identification of the content or the assessment of the allegation.

4. if the ART if the company restricts content, monetization, functionality, or an account due to illegality or a violation of the terms of service, the user may receive information about the reasons for the decision and the available remedies to the extent required by law.

5. a user may challenge a moderation decision by sending an email to admin@the-art.pl that includes the account ID, the decision, or the content in question, along with a justification. the ART may provide a separate complaint form or system in the future.

6. the ART may use automated measures to help detect spam, abuse, malicious traffic, and violations, and decisions to significantly restrict an account may be subject to human review to the extent required by law.

§ 21. ranking, search, and recommendations

1. search results, lists of artworks, and recommendations may be sorted based on a combination of technical and editorial parameters, depending on the specific view of the platform.

2. key parameters may include, in particular: relevance to the search term and filters, the category and characteristics of the artwork, availability status, completeness and quality of information, timeliness of publication, relevance to the page context, editorial highlights or collections, as well as technical rules for sorting and balancing results.

3. the significance of individual parameters may vary depending on the feature used. in search, the primary consideration is matching the query and filters; in collections or editorial sections, curatorial or editorial selection may be more important.

4. simply having a more expensive plan does not guarantee a higher ranking in organic search results, unless that benefit is explicitly described as part of the plan. sponsored or paid-for featured content, if included, will be appropriately labeled.

5. the ART may modify the sorting and recommendation mechanisms to improve the quality, security, and usability of the platform, while complying with disclosure obligations to business users and consumers, if applicable.

§ 22. access to data

1. the user has access to the data and content available in their account to the extent provided by the platform’s features, including—depending on their role—profile data, artworks, reservations, orders, and plans.

2. the seller is granted access only to the data of buyers or bookers that is necessary to fulfill a specific booking, sale, delivery, complaint, or legal obligation. the seller does not have access to the data of other sellers or users not associated with their transactions.

3. the ART has access to data generated in connection with the use of the platform to the extent necessary for the provision of services, security, moderation, payments, billing, analytics, complaint handling, and the development of the platform, in accordance with the privacy policy and applicable law.

4. the ART may use aggregated or anonymized data for analysis, statistics, and product development, provided that such data does not allow for the identification of an individual in a manner that is unlawful.

5. after your account is closed, access to some of your data may be restricted. the ART may retain data and documentation for the period required by law, the statute of limitations on claims, accounting, security, and evidentiary obligations.

§ 23. platform security and availability

1. the ART the platform exercises due diligence to ensure that it operates securely and stably; however, it does not guarantee that all features will be available 100% of the time.

2. interruptions may result, in particular, from maintenance, updates, hosting outages, network outages, payment processor outages, email outages, third-party service outages, attacks, unforeseen events, or legal obligations.

3. the ART may temporarily disable or restrict a feature if justified by security concerns, financial risk, the need to resolve a malfunction, legal compliance, or the protection of users.

4. users should keep their own copies of content and documents that are important to them, unless they are explicitly covered by the archiving service the ART.

§ 24. suspension and termination of use of the ART

1. the ART may restrict, suspend, or terminate the provision of services in whole or in part in the event of a violation of the law or the terms of service, fraud, security risks, failure to fulfill payment obligations, provision of false information, infringement of third-party rights, abuse of bookings, circumvention of commissions or safeguards, failure to fulfill a transaction with a buyer, or any other serious risk to the platform or its users.

2. with regard to business users the ART it shall provide a justification for the restriction or suspension in a durable medium, and in the event of termination of the entire service, it shall observe the notice period required by the regulations governing online intermediary services, unless there is a statutory exception allowing for immediate action.

3. exceptions may include, in particular, a legal obligation to immediately terminate the service, an immediate threat to safety, fraud, a serious violation of the law, or repeated violations of the terms of service, to the extent permitted by law.

4. termination of the account does not automatically extinguish obligations arising from previously entered into agreements, settlements, commissions, refunds, complaints, intellectual property rights, or liability for infringements.

5. a user may terminate their account, subject to any active plans, reservations, orders, and billing obligations. deletion of the account may be postponed to the extent necessary to settle active obligations or to comply with mandatory data retention requirements.

§ 25. liability the ART

1. the ART is responsible for its own obligations as a platform provider to the extent provided for in the agreement and by mandatory provisions of law. no provision of the terms of service excludes liability that cannot be excluded by law.

2. subject to paragraph 1, the ART is not liable for the seller’s obligations arising from the sales contract, in particular for the authenticity, ownership, origin, condition, conformity with the description, quality, value, delivery, transportation, insurance, complaints, returns, taxes, or the seller’s public law obligations.

3. the ART is not liable for user content if such liability is excluded or limited under applicable laws governing intermediary services/hosting, and responds to sufficiently specific reports in accordance with the law.

4. the ART shall not be liable for lost profits, lost sales or purchasing opportunities, a decline in interest, search rankings, the expected investment value of a work, or business decisions made based on the platform’s data, to the extent that such limitation is legally enforceable.

5. the ART does not guarantee that every work will find a buyer, that a reservation will result in a sale, that the gallery will maintain its Stripe readiness, or that a specific number of views, inquiries, or transactions will be achieved.

6. the ART the operator shall not be liable for any failure to perform or delay resulting from force majeure, infrastructure providers, or payment operators, unless such liability arises from mandatory law or the operator’s own fault.

§ 26. special b2b rules

1. the provisions of this paragraph apply exclusively to users who use the ART as business owners or professionals, and to the extent that the law permits contractual limitations of liability.

2. in b2b relationships the ART is not liable for indirect or consequential damages, lost profits, loss of reputation, loss of data that can be recovered from the user’s copy, or lost business opportunities, unless the damage was caused intentionally or liability cannot be excluded under the law.

3. total liability for damages the ART toward a single business user for all events related to the platform during a 12-month period is limited to the total amount of fees paid the ART by this user during the 12-month period preceding the event giving rise to the claim, except in cases where such a limitation would be ineffective under the law.

4. the business user agrees to indemnify the ART from liability and to cover reasonable costs, damages, refunds, chargebacks, contractual penalties owed to third parties, and claims arising from false statements, lack of rights to the work, intellectual property infringements, failure to complete a sale, violations of consumer rights, or tax obligations by the user, to the extent that such claims result from the user’s acts or omissions and the law permits such a recourse claim.

5. limitations of liability do not affect mandatory provisions of law, including the prohibition on excluding liability for damages caused intentionally.

§ 27. complaints regarding services the ART

1. complaints regarding the operation of the platform or the services provided by the ART submissions can be sent to admin@the-art.pl.

2. a complaint should include information that identifies the user, a description of the problem, the date or circumstances of the incident, and the desired resolution, if applicable.

3. the ART it will consider the complaint without undue delay, and in the case of a consumer, within the time limit specified by applicable regulations. if resolving the matter requires information from the payment processor, the seller, or another entity, the ART may inform you of the need to obtain them.

4. any complaint regarding quality, compliance, authenticity, delivery, or any other obligation of the seller should be directed to the seller. the ART may help convey information or secure transaction data, but this does not relieve the seller of its obligations.

§ 28. amendments to the terms and conditions

1. the ART may amend the terms of service for important reasons, in particular changes in the law, decisions by regulatory authorities, platform functionality, security, technology, payment models, plans, billing rules, the manner of providing services, or the need to remove ambiguities.

2. business users are notified of proposed changes in writing at least 15 days in advance, unless the law provides for an exception or a longer period is required due to necessary technical or commercial adjustments.

3. the notice period may not apply to the extent that the change is required by law or by a decision of an authority, or is necessary to counter an unforeseen and immediate threat related to, among other things, fraud, malware, spam, data breaches, or cybersecurity, if permitted by law.

4. with respect to consumers, changes to the terms and conditions do not affect acquired rights or the terms of previously concluded contracts, unless a applicable provision provides otherwise.

5. continued use of the new features after the changes take effect may constitute acceptance of the new terms to the extent permitted by law. if consent is expressly required, the platform will ask you to provide it.

§ 29. governing law and disputes

1. these terms and conditions are governed by polish law, subject to provisions that cannot be excluded with respect to a consumer whose habitual residence is in another country.

2. the parties should first seek an amicable resolution of the dispute by contacting admin@the-art.pl.

3. consumers may use the out-of-court complaint resolution and redress mechanisms available in Poland, including assistance from the relevant consumer ombudsman or other authorized entities, in accordance with current regulations and information published by the office of competition and consumer protection (uokik).

4. in disputes with a business user, the court with jurisdiction over the operator’s registered office or place of business shall have jurisdiction, unless mandatory provisions of law provide otherwise.

5. the provision in paragraph 4 does not apply to consumers to the extent that it would infringe upon their statutory rights regarding the jurisdiction of the court.

§ 30. final provisions

1. the terms and conditions are made available free of charge in a manner that allows them to be obtained, reproduced, and preserved.

2. the privacy policy is a separate document that sets forth the rules for the processing of personal data and the use of tracking technologies/cookies.

3. if any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be replaced by the provisions of law or an interpretation that most closely reflects the lawful economic purpose of these terms and conditions.

4. failure to use the ART the exercise of a specific right in a particular case does not constitute a waiver of that right in the future.

5. these terms and conditions are effective as of september 3, 2026.

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