Gallery Regulations

Regulations of the K&K Art Gallery Online Gallery

Sale of unique, limited, and collectible artworks

§ 1. Preliminary provisions

1. The online gallery operating under the name K&K Art Gallery and the sale is conducted by Łafra Limited Liability Company based in Warsaw, ul. Długa 29, 00-238 Warsaw, entered in the business register, NIP: 5253038656, REGON: 541152308, hereinafter referred to as the Gallery.
2. The Gallery is available at the following website: https://kkgallery.art.
3. These Regulations define the rules for the sale of artworks via the Online Gallery, including the rules for concluding distance sales contracts for artworks between the Gallery and the Client.
4. The regulations are particularly directed at Consumers within the meaning of 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 with the Gallery

1. Email address: biuro@kkgallery.art, kkartgaleria@gmail.com.
2. Phone number: +48 570 296 075, +48 790 258 878.
3. Bank account number: Bank PEKAO S.A. – the account number is indicated on the VAT invoice/ VAT Margin or in the order confirmation.
4. Telephone contact is possible on business days from 10:00 AM to 6:00 PM.
5. The Gallery is not liable, to the fullest extent permitted by law, for interruptions or disturbances in the functioning of the service resulting from force majeure, actions of third parties, or incompatibility of the Client's technical infrastructure.

§2 Sales model

1. The Gallery acts as a commission agent in its own name on behalf of the artist (the consignor).
2. Sales are documented by a VAT margin invoice – for artworks.

§3 Prices and payments

1. All prices are quoted in Polish zlotys.
   The price includes VAT calculated according to the margin procedure.
2. The Gallery issues a VAT margin invoice for clients who are not VAT payers and a VAT invoice for VAT payers.

§ 4. Nature of the Gallery and artworks

1. The Gallery sells contemporary artworks, particularly unique pieces, limited works, and collectible objects.
2. The offered works have artistic and collectible character, and their value derives from individual creative features, the artist's reputation, and limited availability.
3. The Gallery is not responsible for hidden defects in artworks, subject to mandatory legal provisions.

§ 5. Collector's item clause

1. The Client acknowledges that the purchased artwork is a collector's item, not a mass-produced product.
2. Due to the collectible nature of the work:
   a) minor visual, structural, or material differences are its natural feature,
   b) using the work in a manner exceeding ordinary acquaintance may result in a loss of its artistic or market value.
3. In the event of withdrawal from the contract, the Consumer is responsible for the decrease in the value of the work resulting from improper handling.

§ 6. Certificate of authenticity

1. Each artwork sold by the Gallery may be accompanied by a Certificate of Authenticity.
2. The Certificate of Authenticity is an integral part of the contract and confirms authorship, originality of the work, and – in the case of limited editions – the number of the copy.
3. Failure to return the Certificate of Authenticity in the event of withdrawal from the contract results in the refusal to accept the return of the work.

§ 7. Reservation, presentation, and prices of artworks

1. Upon confirmation of the Order, the work receives the status of reservation and is temporarily excluded from the Gallery's offer.
2. The shipment of the Work to the client occurs after the payment for the Work has been accounted for and secured. The Client is obliged to make payment for the Work within 3 business days. The Work is shipped within 7 to 14 days depending on the specifics of the Work.
3. Unique works cannot be reordered after sale.
4. Browsing the Gallery's offer does not require creating a user account.
5. Placing an order requires providing personal and address details necessary for the execution of the Sales Agreement, which occurs upon issuing the VAT margin invoice, VAT invoice, or proof of payment.
6. Photographs of the works presented in the Gallery are for illustrative purposes and show the general image of the work and its basic features.
7. The works may slightly differ from the presented photographs, particularly in terms of color and texture; these differences do not constitute grounds for claims.
8. Prices are quoted in Polish zlotys (PLN). The gallery is a VAT payer and issues VAT invoices or payment receipts.

§ 8. Transportation of high-value artworks

1. The gallery provides professional packaging for artworks, tailored to their character and value. The cost of transportation is determined individually for each piece.
    
2. Transportation of high-value artworks is carried out through trusted carriers.
3. The risk of accidental loss or damage to the artwork passes to the Client upon handing the artwork over to the carrier, subject to mandatory consumer protection laws.

§ 9. Right of withdrawal from the contract – Individual Client

1. The consumer has the right to withdraw from the distance contract within 14 days from the date of receiving the artwork.
2. The return of the artwork must occur in an unchanged condition, along with a complete Certificate of Authenticity.
3. The gallery reserves the right to verify the condition of the artwork upon its return.
4. In the event of a successful withdrawal from the contract:
   a) the contract is considered not concluded,
   b) The gallery may withhold the refund until the returned artwork is received,
   c) The Client is obliged to return the artwork no later than 7 days from the date of submitting the withdrawal statement,
   d) the refund will be made using the same payment method unless the Client agrees to another solution.
5. The right of withdrawal from the contract does not apply to the Consumer in cases specified in the Consumer Rights Act, particularly when:
   a) the subject of the service is a thing made according 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 explicit consent,
   d) elements of the artwork have been inseparably connected with other elements upon delivery.

§ 10. Entrepreneurs

1. Entrepreneurs do not have the right to withdraw from the contract unless mandatory provisions state otherwise.
2. The gallery's liability towards Entrepreneurs under warranty is limited to the fullest extent permitted by law.

§ 11. Foreign sales – EU and outside the EU

1. The gallery conducts sales within the territory of the European Union and beyond its borders.
2. Clients outside the EU may be required to incur additional customs, tax, or import costs.
3. The gallery is not responsible for delays resulting from customs or administrative procedures.

§ 12. VIP Sale / Private Sale

1. The gallery allows the sale of artworks in the mode ofVIP / Private Sale, conducted outside the standard shopping cart of the gallery, particularly via email correspondence, individual offers, or pro forma invoices.
2. VIP / Private Sale is primarily directed towards collectors, institutions, architects, B2B entities, and foreign Clients.
3. The provisions of these Regulations apply to VIP / Private Sale unless individual sales conditions state otherwise.
4. Acceptance of the VIP / Private Sale offer is equivalent to concluding a Sales Agreement under the conditions specified in the Regulations and in the individual offer.

§ 13. High-value artworks

1. High-value artworks are considered to be artworks whose selling price exceeds the equivalent of10,000 EUR or as indicated in the description of the artwork or individual offer.
2. In the case of high-value artworks, the gallery may apply:
   a) individual payment terms,
   b) extended client verification procedures,
   c) specialized transportation and insurance,
   d) the preparation of aCondition Report documenting the condition of the artwork before shipping.
3. The Condition Report serves as an auxiliary and evidentiary document confirming the condition of the artwork at the time of handover to the carrier.
4. The Client acknowledges that high-value artworks are subject to heightened security standards and individual procedures.

§ 14. Foreign 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 to the resolution ofan arbitration court.
2. Arbitration will be conducted in English, in accordance with the rules of the chosen permanent arbitration court.
3. The governing law for the Sales Agreement remains Polish law unless mandatory provisions state 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. It is prohibited to copy, distribute, or use materials found in the Gallery without prior consent from the Gallery and the copyright holders.
3. Agreements made through the Gallery are concluded in Polish.
4. The Gallery reserves the right to change the Regulations for important reasons, particularly in the event of changes in legal provisions or payment and delivery methods. The Client will be informed of any changes at least 7 days in advance.
5. In matters not regulated by these Regulations, Polish law applies, particularly the Civil Code, the Consumer Rights Act, the Act on Providing Services by Electronic Means, and the Personal Data Protection Act.

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