Gallery Rules

Terms and Conditions of the K&K Art Gallery Online Gallery

Sale of unique, limited-edition and collectible works

§ 1. Preliminary provisions

1. The online gallery operating under the name K&K Art Gallery and sales are conducted by Łafra Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. Długa 29, 00-238 Warsaw, entered in the Register of Entrepreneurs, NIP: 5253038656, REGON: 541152308, hereinafter referred to as the Gallery.

2. The Gallery is available at the following website address: https://kkgallery.art.

3. These Terms and Conditions set out the rules for the sale of works of art through the Online Gallery, including the rules for concluding distance sales contracts for works of art between the Gallery and the Customer.

4. These Terms and Conditions are addressed in particular to Consumers as defined by the provisions of the Consumer Rights Act.

5. A distance contract means a contract concluded without the simultaneous physical presence of the parties, using means of distance communication through the Gallery.

Contact the Gallery

1. Email address: biuro@kkgallery.art, kkartgaleria@gmail.com.

2. Telephone number: +48 570 296 075, +48 790 258 878.

3. Bank account number: Bank PEKAO S.A. – the account number is provided on the VAT margin/VAT invoice or in the order confirmation.

4. Telephone contact is available on business days from 10:00 to 18:00.

5. To the fullest extent permitted by law, the Gallery shall not be liable for interruptions or disruptions in the operation of the website resulting from force majeure, acts of third parties or incompatibility of the Customer’s technical infrastructure.

§ 2. Sales model

1. The Gallery acts as a commission agent in its own name on behalf of the artist (the principal).

2. Sales are documented by a VAT margin scheme invoice for works of art.

§ 3. Prices and payments

1. All prices are quoted in Polish zlotys.
   The price includes VAT accounted for under the margin scheme.

2. The Gallery issues a VAT margin scheme invoice to customers who are not VAT payers and a VAT invoice to VAT payers.

§ 4. Nature of the Gallery and works of art

1. The Gallery sells contemporary works of art, in particular unique works, limited-edition pieces and collectible objects.

2. The works offered are artistic and collectible in nature, and their value derives from their individual creative characteristics, the artist’s reputation and limited availability.

3. The Gallery shall not be liable for hidden defects in works of art, subject to mandatory provisions of law.

§ 5. Collector’s item clause

1. The Customer acknowledges that the work of art being purchased is a collectible item and not a mass-produced product.

2. Given the collectible nature of the work:
   a) minor visual, structural or material differences are a natural feature of the work,
   b) using the work in a way that goes beyond ordinary examination may result in a loss of its artistic or market value.

3. If the Consumer withdraws from the contract, the Consumer shall be liable for any reduction in the value of the work resulting from improper handling.

§ 6. Certificate of Authenticity

1. Each work sold by the Gallery may be accompanied by a Certificate of Authenticity.

2. The Certificate of Authenticity forms an integral part of the contract and confirms the authorship and originality of the work and, in the case of limited editions, the edition number.

3. Failure to return the Certificate of Authenticity when withdrawing from the contract will result in the refusal to accept the return of the work.

§ 7. Reservation, presentation and prices of works

1. Upon confirmation of the Order, the work is marked as reserved and temporarily removed from the Gallery’s offer.

2. The Work/Piece is shipped to the customer after payment for the Work/Piece has been credited and secured. The Customer is required to pay for the Work/Piece within 3 business days. The Work/Piece is shipped within 7 to 14 days, depending on its specific nature.

3. Unique works cannot be reordered once sold.

4. Browsing the Gallery’s offer does not require creating a user account.

5. Placing an order requires providing personal and address details necessary to perform the Sales Agreement, which is concluded upon issuance of a VAT margin scheme invoice, VAT invoice or proof of payment.

6. Photographs of works displayed in the Gallery are for illustrative purposes and show the general appearance of the work and its basic features.

7. Works may differ slightly from the photographs shown, particularly in terms of colour and texture; such differences do not constitute grounds for claims.

8. Prices are quoted in Polish zloty (PLN). The Gallery is a VAT payer and issues VAT invoices or proofs of payment.

§ 8. Transport of High-Value Works of Art

1. The Gallery provides professional packaging of works, tailored to their nature and value. The transport cost is determined individually for each work.

2. High-value works are transported by trusted carriers.

3. The risk of accidental loss of or damage to a work passes to the Client when the work is handed over to the carrier, subject to mandatory consumer protection laws.

§ 9. Right of Withdrawal – Individual Clients

1. Consumers have the right to withdraw from a distance contract within 14 days of receiving the work.

2. The work must be returned in an unchanged condition, together with the complete Certificate of Authenticity.

3. The Gallery reserves the right to verify the condition of the work after its return.

4. In the event of effective withdrawal from the contract:
   a) the contract is considered not to have been concluded,
   b) the Gallery may withhold reimbursement until it has received the returned work,
   c) the Client must return the work no later than 7 days from the date of submitting the withdrawal notice,
   d) reimbursement will be made using the same payment method, unless the Client agrees to another arrangement.

5. Consumers do not have the right to withdraw from a contract in the cases specified in the Consumer Rights Act, in particular where:
   a) the subject of the contract is an item made to the Consumer’s specifications,
   b) the item is delivered in a sealed package that has been opened after delivery,
   c) the service has been fully performed with the Consumer’s express consent,
   d) parts of the work have, after delivery, been inseparably combined with other items.

§ 10. Businesses

1. Businesses are not entitled to withdraw from a contract unless mandatory provisions of law provide otherwise.

2. The Gallery’s liability to Businesses under the statutory warranty is limited to the fullest extent permitted by law.

§ 11. International Sales – EU and Non-EU

1. The Gallery sells within the European Union and beyond its borders.

2. Clients outside the EU may be required to pay additional customs, tax or import charges.

3. The Gallery is not liable for delays resulting from customs or administrative procedures.

§ 12. VIP / Private Sale

1. The Gallery offers the sale of works of art through VIP / Private Sale, conducted outside the Gallery’s standard shopping cart, in particular by email correspondence, an individual offer or a pro forma invoice.

2. VIP / Private Sale is intended in particular for collectors, institutions, architects, B2B entities and international Clients.

3. The provisions of these Terms and Conditions apply to VIP / Private Sale unless the individual terms of sale provide otherwise.

4. Acceptance of a VIP / Private Sale offer constitutes conclusion of a Sales Agreement on the terms set out in these Terms and Conditions and in the individual offer.

§ 13. High-Value Artworks

1. High-value artworks are works of art whose sale price exceeds the equivalent of EUR 10,000 or as otherwise indicated in the work description or individual offer.

2. For high-value works, the Gallery may apply:
   a) individual payment terms,
   b) enhanced Client verification procedures,
   c) specialist transport and insurance,
   d) preparation of a Condition Report documenting the condition of the work before dispatch.

3. The Condition Report is an auxiliary evidentiary document confirming the condition of the work when it is handed over to the carrier.

4. The Client acknowledges that high-value works are subject to enhanced security standards and individual procedures.

§ 14. International Arbitration

1. In the case of Sales Agreements concluded with Clients residing or having their registered office outside the territory of the Republic of Poland, the parties may submit any disputes for resolution by an arbitral tribunal.

2. The arbitration shall be conducted in English in accordance with the rules of the selected permanent arbitral tribunal.

3. Polish law shall govern the Sales Agreement unless mandatory provisions of law provide otherwise.

§ 15. Copyright and Final Provisions

1. All works presented in the Gallery are made available with the consent and knowledge of the copyright holders.

2. Copying, distributing or using materials available in the Gallery without the prior consent of the Gallery and the copyright holders is prohibited.

3. Contracts entered into through the Gallery are made in Polish.

4. The Gallery reserves the right to amend the Terms for important reasons, in particular in the event of changes to the law or to payment and delivery methods. The Customer will be notified of any changes at least 7 days in advance.

5. Matters not covered by these Terms are governed by Polish law, in particular the Civil Code, the Consumer Rights Act, the Act on the Provision of Services by Electronic Means and the Personal Data Protection Act.

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