REGULATIONS / COOPERATION AGREEMENT
K&K ART INTERNET GALLERY WITH THE ARTIST

§1. General provisions
1. The Internet Art Gallery operating at https://kkgallery.art is
managed by Łafra Limited Liability Company, NIP: 5253038656,
with its registered office at ul. Długa 29, 00-238 Warsaw, hereinafter referred to as the "Gallery"
2. The regulations define the principles of cooperation between the Gallery and artists, owners of artworks
and collectors, hereinafter collectively referred to as the "Artist". We kindly ask you to thoroughly
familiarize yourself with these Terms of Use (Regulations) before using the
services offered by K&K Art. Online Gallery. These Regulations constitute
a legally binding agreement between Łafra Sp. Z o.o. and the User collectively referred to as the
Artist.
3. These Regulations have the character of an unnamed distance agreement with elements
of service provision and consignment sale, concluded based on Article 353¹ of the Civil Code.
4. The Gallery operates in its own name but on behalf of the principal.
§2. Conditions for accepting artworks

1. The Gallery accepts for sale and presentation artworks authored by:
 professional artists,

•  non-professional artists (in special cases),
•  art collectors.
• 2. The accepted artworks must be free from legal and physical defects.

3. Artworks are accepted by the Gallery in the form of distance consignment.
§3. Artist's statements and liability

1. A condition for accepting an artwork into the Gallery is also the submission by the Artist of a statement that:
 the artwork is original,

•  it is their property,
•  it does not infringe copyright or the rights of third parties.
• 2. The Artist bears sole responsibility for:

 the legality of the artwork's origin,

•  its authenticity,
•  the compliance of the description with the actual state,
•  Copyright and related rights.
•  The proper protection of the artwork/work and its availability throughout the duration of the
• consignment.

3. Proposals for artworks should be sent:
 Via the form available on the KKGallery.art website or

•  electronically to the address: z.biziuk@kkgallery.art.
• §4. Verification and publication of artworks

1. The Gallery reserves the right to verify and refuse to accept an artwork without providing
a reason.
2. Information about the acceptance or rejection of the artwork is communicated via email within
a period of up to 48 working hours.
3. In the case of acceptance of the artwork, the Artist is obliged to provide true and
current personal data in order to conclude the Consignment Agreement.
4. The Artist grants the Gallery a non-exclusive license to publish the image of the artworks for
promotional and sales purposes.
5. The Gallery reserves the right to remove the artwork from the offer in the event of:
reasonable suspicion of a legal violation,

• third-party reports,
•  Reputational or legal risks.
• 6. The Gallery is not liable for defects in law and physical defects of artworks, to the

extent permitted by the provisions of the Civil Code.
§5. Consignment

1. Submitting an artwork via the form or email and its acceptance into the Gallery's offer is equivalent to accepting these Regulations and concluding a Distance Consignment Agreement for a period of 6 months with the possibility of extension for an indefinite period.
2. During the term of the consignment, the artwork must remain available to the Gallery for presentation and sale.
§6. Withdrawal of the artwork

1. Each party has the right to withdraw the artwork from the Gallery's offer with a 10-day notice period.
§7. Gallery services for the Artist

 Management of the Artist's profile,

•  publication of artworks in individual, sales, and auction catalogs of the Gallery (publication requires an active monthly fee automatically renewed for a period of 6 months), the Artist has the right to terminate the subscription with a one-month notice period, effective at the end of the billing period. In the absence of a monthly fee, the artwork remains in the form of an individual offer at the client's request but is not visible in the Gallery's sales catalogs.
•  determining the sale price of the artwork based on the submission form containing the author's price (the author's price includes income tax, which is the responsibility of the Artist),
•  conducting price negotiations with potential buyers up to 10% below the author's price,
•  listing the artwork separately at the art auction,
•  keeping the artwork in the Gallery's offer for a period of 2 months after the auction ends, with the possibility of extension,
•  issuing the buyer a proof of purchase or VAT invoice,
•  wystawienia nabywcy dowodu zakupu lub faktury VAT,
• transfer of the amount due to the Artist from the sale of the work, reduced by the Gallery's fee (margin), by the end of the month following the month of sale.

§8. Gallery Fee
1. The price list of Gallery services is an attachment to these Regulations.

§9. No Exclusivity and Duty to Inform
1. The Gallery does not reserve the exclusivity of selling works submitted by the Artist.
2. To avoid misunderstandings with Clients, the Artist is obliged to promptly
inform the Gallery about the sale of the work outside the Gallery, if such occurs during the
term of the commission agreement with the Gallery.
3. Notification of the change of status of the work to "sold" is made by email to the address:
biuro@kkgallery.art, indicating the specific work.

§10. Contractual Penalty
1. In case of failure to fulfill the obligation to report the sale of the work outside the Gallery and its
sale to another client, the Gallery is entitled to a contractual penalty from the Artist in the amount of
20% of the price of the given work indicated in the K&K Art Gallery online offer, when the lack
of notification and sale caused a real devaluation of the Gallery's offer. (Civil Code art. 483 –484)
2. The stipulation of the contractual penalty aims to secure the interests of the Gallery, ensure
the reliability of the commercial offer, and protect Clients.

§11. Duration of the Agreement
3. Submission of the work via the form and its acceptance into the Gallery's offer is
equivalent to acceptance of these Regulations, concluding the Commission Agreement
(separate document) for a period of 6 months.

§12. Personal Data Protection
1. The administrator of personal data is Łafra Sp. z o.o.
2. Personal data is processed for the purpose of:

• executing contracts,
• maintaining Artist profiles,
• executing payments,
• fulfilling accounting obligations.

3. Data is stored in a secured manner against access by unauthorized persons.
nieuprawnionych.

§13 Polish law applies to the Agreement.
Any disputes arising from the Agreement will be resolved by the court competent for the location of the
Gallery.

§14. Contact
1. Contact with the Gallery is possible:

• by email: kkartgaleria@gmail.com, z.biziuk@kkgallery.art
• by phone: +48 570 296 075, +48 790 258 878
• via contact forms available on the KKGALLERY.art website.
•  

§15. Final Provisions
1. The Gallery reserves the right to change the Regulations.
2. In matters not regulated, the provisions of Polish law apply.
3. Disputes will be resolved primarily amicably.
4. The Regulations come into effect on the date of publication.

Attachment to the REGULATIONS / COOPERATION AGREEMENT OF K&K ART GALLERY WITH THE ARTIST
PAYMENTS (Financial Terms)

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