TERMS AND CONDITIONS / COOPERATION AGREEMENT
K&K ART ONLINE GALLERY WITH THE ARTIST

§1. General provisions

1. The Online Art Gallery operating at https://kkgallery.art, is operated by Łafra Spółka z ograniczoną odpowiedzialnością, Tax ID (NIP): 5253038656, with its registered office at ul. Długa 29, 00-238 Warsaw, hereinafter referred to as the “Gallery”

2. These Terms and Conditions set out the rules for cooperation between the Gallery and artists, owners of works of art and collectors, collectively referred to below as the “Artist”. Please read these Terms of Use (Terms and Conditions) carefully before using the services offered by K&K Art Online Gallery. These Terms and Conditions constitute a legally binding agreement between Łafra Sp. z o.o. and the User, collectively referred to as the Artist.

These Terms and Conditions constitute an unnamed distance contract comprising elements of service provision and commission sale, entered into pursuant to Article 353¹ of the Civil Code.

The Gallery acts in its own name but on behalf of the consignor.

§2. Conditions for accepting works

The Gallery accepts works of art for sale and display created by:

• professional artists,

• non-professional artists (in special cases),

• art collectors.

1. Accepted works must be free from legal and physical defects.

2. The Gallery accepts works on consignment remotely.

§3. Artist's representations and liability

1. A condition for accepting a work into the Gallery is that the Artist provides a declaration that:

   • the work 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 lawful origin of the work,

   • its authenticity,

   • the accuracy of its description,

   • copyright and related rights.

   • The proper safeguarding of the work and its availability throughout the consignment period

3. Proposals for works should be sent:

   • using the form available on the KKGallery.art website, or

   • by email to:kkgallery.art@gmail.com, biuro@kkgallery.art

§4. Verification and publication of works

1. The Gallery reserves the right to verify a work and to refuse it without stating a reason.

2. Notice of acceptance or rejection of a work will be sent by email within 5 business days. If a work is accepted, the Artist is required to provide accurate and up-to-date personal details for the purpose of entering into a Consignment Agreement.

3. The Artist grants the Gallery a non-exclusive licence to publish images of the works for promotional and sales purposes.

4. The Gallery reserves the right to remove a work from its offering in the event of:

   • a reasonable suspicion of a breach of law,

   • reports from third parties,

   • reputational or legal risk.

5. To the extent permitted by the provisions of the Civil Code, the Gallery is not liable under the statutory warranty for legal or physical defects in works.

§5. Consignment

1. Submitting a work via the form or by email and its acceptance into the Gallery's offering is equivalent to accepting these Terms and Conditions and entering into a remote Consignment Agreement for a period of 6 months with the option of extending it for an indefinite period.

2. During the consignment period, the work must remain available to the Gallery for display and sale.

§6. Acceptance of a work for an art auction.

1. Listing a work is free of charge

2. The opening bid for a work is PLN 1,100. The online system does not accept bids below the opening bid. The work is subject to a confidential reserve price. A sale takes place only if the highest bid at the close of the auction reaches or exceeds this amount. The Artist may negotiate the opening bid for the work (the artist's price + 20% commission).

3. The Gallery charges a commission only on a work that is sold, amounting to 20% of the bid price. (80% to the Artist and 20% to the Gallery)

4. An auction fee payable by the client, plus VAT, is added to the bid price

5. The opening bid includes the Gallery's 20% commission

6. After the auction ends, the Gallery ships the work or, in some cases, the Artist receives the shipping details for the sold work and ships it directly to the client.

7. Payment to the Artist is made 14 days after the client confirms and accepts the work

8. Artists who operate a business issue the Gallery an invoice/bill for the 80% of the bid price due to them.

9. Artists who do not operate a business independently report income from the sale of the work in their annual tax return.

10. A work not sold directly at auction remains available for sale through the Gallery outside the auction for 30 days.

§7. Withdrawal of a Work

1. Either party has the right to withdraw a Work from the Gallery’s offer by giving 10 days’ notice.

§8. Gallery Services for the Artist

1. • Managing the Artist’s profile,

   • publication of Works in the Gallery’s individual, sales and auction catalogues.

   • determining the sale price of a Work based on the submission form, which includes the Artist’s price (the Artist’s price includes income tax, which is payable by the Artist),

   • conducting price negotiations with a potential buyer of up to 10% below the Artist’s price,

   • listing a Work separately in an art auction, and representing the Work accepted by the Gallery at art auctions on the Artist’s behalf

   • keeping the Work in the Gallery’s offer for a period of 2 months after the auction ends, with the option to extend,

   • issuing the buyer proof of purchase or a VAT invoice,

   • transferring to the Artist the amount due from the sale of the Work, less the Gallery’s remuneration (commission), by the end of the month following the month of sale.

§9. Gallery Remuneration

1. The Gallery’s price list for services is attached to these Rules

§10. No Exclusivity and Duty to Inform

1. The Gallery does not reserve exclusive rights to sell Works submitted by the Artist.

2. To avoid misunderstandings with Clients, the Artist is obliged to inform the Gallery without delay if a Work is sold outside the Gallery during the term of the consignment agreement with the Gallery.

3. A change in the Work’s status to “sold” must be reported by email to: biuro@kkgallery.art, specifying the particular Work.

§11. Contractual Penalty

1. If the Artist fails to report the sale of a Work outside the Gallery and sells it to another client, the Gallery is entitled to claim from the Artist a contractual penalty equal to 20% of the price of the relevant Work stated in K&K Art Online Gallery’s offer, where the failure to report the sale caused the Gallery’s offer to become materially outdated. (Polish Civil Code, Arts. 483–484)

2. The contractual penalty is intended to protect the Gallery’s interests, ensure the reliability of its commercial offer, and protect Clients.

§12. Term of the Agreement

3. Submitting a Work via the form and its acceptance into the Gallery’s offer constitutes acceptance of these Rules and entry into a Consignment Agreement (a separate document) for a period of 6 months.

§13. Personal Data Protection

1. The controller of personal data is Łafra Sp. z o.o.

2. Personal data is processed for the following purposes:

   • performing agreements,

   • managing Artist profiles,

   • processing payments,

   • fulfilling accounting obligations.

3. Data is stored securely to prevent access by unauthorised persons.

§14 The Agreement is governed by Polish law.
Any disputes arising from the Agreement shall be resolved by the court with jurisdiction over the Gallery’s registered office.

§15 Contact

1. The Gallery may be contacted:

   • by email: kkartgaleria@gmail.com, biuro@kkgallery.art, kkgallery@gmail.com

   • by phone: +48 570 296 075, +48 790 258 878

   • via the contact forms available on the KKGALLERY.art website

§16. Final Provisions

1. The Gallery reserves the right to amend these Rules.

2. Matters not covered herein shall be governed by Polish law.

3. Disputes shall first be resolved amicably.

4. These Rules enter into force on the date of publication.

Appendix to

RULES / COOPERATION AGREEMENT
BETWEEN K&K ART ONLINE GALLERY AND THE ARTIST

PAYMENTS (Financial Terms)

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