Gallery Rules

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

Sales of unique, limited-edition, and collectible items

§ 1. Introductory Provisions

• The online gallery operating under the name K&K Art Galeria and sales is operated by Łafra Spółka z ograniczoną odpowiedzialnością, with its registered office in Warsaw, ul. Długa 29, 00-238 Warsaw, entered in the Register of Entrepreneurs, Tax ID (NIP): 5253038656, National Business Registry Number (REGON): 541152308, hereinafter referred to as the Gallery.
• The gallery is available at the following web address: https://kkgallery.art.
• These Terms and Conditions set forth the rules governing the sale of works of art through the Online Gallery, including the rules for entering into distance sales contracts for works of art between the Gallery and the Customer.

1. These Terms and Conditions are intended specifically for Consumers as defined in the Consumer Rights Act.
2. A distance contract means a contract concluded without the parties being physically present at the same time, using means of distance communication, through the Gallery.

3. Contact the Gallery

4. Email address: biuro@kkgallery.art, kkartgaleria@gmail.com.
5. Phone number: +48 570 296 075, +48 790 258 878.
6. Bank account number: Bank PEKAO S.A. – the account number is listed on the VAT invoice or VAT margin invoice, or in the order confirmation.
7. You can reach us by phone on weekdays from 10:00 a.m. to 6:00 p.m.
8. The Gallery shall not be liable, to the fullest extent permitted by law, for any interruptions or disruptions in the operation of the website resulting from force majeure, the actions of third parties, or incompatibility with the Customer’s technical infrastructure

§2 Sales Model

• The gallery acts as a consignment agent on its own behalf on behalf of the artist (the consignor).
• The sale is documented by a margin VAT invoice for works of art.

§3 Prices and Payments

•  All prices are listed in Polish zlotys. The price includes VAT calculated using the margin method.
• The gallery issues margin VAT invoices for customers who are not VAT payers and VAT invoices for VAT payers.

§ 4. The Nature of the Gallery and the Works of Art

• The gallery sells contemporary art, particularly unique pieces, limited-edition works, and collectibles.
• The works on offer are artistic and collectible, and their value stems from their unique creative qualities, the artist’s reputation, and limited availability.
• The gallery shall not be liable for any latent defects in the works of art, subject to mandatory provisions of law.

§ 5. Collector’s item clause

• The customer acknowledges that the artwork being purchased is a collector’s item, not a mass-produced product.
• Given the collectible nature of the work: a) minor visual, structural, or material variations are a natural characteristic of the work,b) Using the work in a manner that goes beyond simply viewing it may result in a loss of its artistic or market value.
• If the Consumer withdraws from the contract, they are liable for any reduction in the value of the work resulting from improper handling.

§ 6. Certificate of Authenticity

• Every artwork sold by the Gallery may be accompanied by a Certificate of Authenticity.
• The Certificate of Authenticity is an integral part of the agreement and confirms the authorship and originality of the work, as well as—in the case of limited editions—the edition number.
• Failure to return the Certificate of Authenticity upon withdrawal from the contract will result in the artwork being refused for return.

§ 7. Reservation, Display, and Prices of Artworks

• Once the Order is confirmed, the artwork is marked as reserved and temporarily removed from the Gallery’s inventory.
• The Work is shipped to the customer after payment for the Work has been processed and secured. The customer is required to pay for the Work within 3 business days. The Work is shipped within 7 to 14 days, depending on the nature of the Work.

1. Once sold, these unique items cannot be reordered.
2. You don't need to create a user account to browse the Gallery's offerings.
3. Placing an order requires providing the personal and address information necessary to fulfill the Sales Agreement, which takes effect upon issuance of a margin VAT invoice, a VAT invoice, or a proof of payment.
4. The photographs of the works displayed in the Gallery are for illustrative purposes only and provide a general view of the work and its basic features.
5. The actual items may differ slightly from the photographs shown, particularly in terms of color and texture; such differences do not constitute grounds for a claim.
6. Prices are listed in Polish zlotys (PLN). The gallery is a VAT-registered business and issues VAT invoices or receipts.

§ 8. Transportation of high-value works of art

• The gallery provides professional packaging for artworks, tailored to their nature and value.  Shipping costs are determined on a case-by-case basis for each artwork.
• High-value artworks are transported by trusted carriers.
• The risk of accidental loss or damage to the work passes to the Customer upon delivery of the work to the carrier, subject to the mandatory provisions of consumer law.

§ 9. Right of withdrawal – Individual customers

• The consumer has the right to cancel a distance contract within 14 days of receiving the work.
• The artwork must be returned in its original condition, along with the complete Certificate of Authenticity.
• The gallery reserves the right to inspect the condition of the artwork upon its return.
• In the event of a valid withdrawal from the contract:

a) the contract is deemed not to have been concluded,

b) The Gallery may withhold the refund until it receives the returned artwork,

c) The Customer is required to return the work no later than 7 days from the date of submitting the notice of withdrawal,

d) The refund will be issued using the same payment method, unless the Customer agrees to an alternative solution.

1. The Consumer is not entitled to withdraw from the contract in the cases specified in the Consumer Rights Act, in particular when:

a) the subject of the performance is an item made to the Consumer’s specifications,

b) the item is delivered in sealed packaging that has been opened after delivery,

c) The service has been fully performed with the Consumer’s express consent,

d) Elements of the work have been inseparably combined with other elements after delivery.

§ 10. Business owners

• Businesses do not have the right to withdraw from a contract, unless mandatory provisions provide otherwise.
• The Mall’s liability to Merchants under the warranty is limited to the fullest extent permitted by law.

§ 11. Foreign Sales – EU and Non-EU

• The gallery sells its products both within the European Union and beyond its borders.
• Customers outside the EU may be required to pay additional customs, tax, or import fees.
• The gallery is not responsible for delays resulting from customs or administrative procedures.

§ 12. VIP Sale / Private Sale

• The Gallery offers the option to purchase artworks through a VIP / Private Sale process, which is conducted outside the Gallery’s standard shopping cart system, specifically via email correspondence, individual offers, or pro forma invoices.
• The VIP / Private Sale is aimed specifically at collectors, institutions, architects, B2B entities, and international clients.
• The provisions of these Terms and Conditions apply to VIP / Private Sales, unless otherwise specified in the individual terms of sale.
• Acceptance of a VIP / Private Sale offer constitutes the conclusion of a Sales Agreement under the terms and conditions outlined in the Terms and Conditions and in the individual offer.

§ 13. High-Value Artworks

• Works of art are considered high-value if their sale price exceeds the equivalent of 10,000 EUR or as indicated in the work’s description or individual offer.
• For high-value works, the Gallery may apply:

a) customized payment terms,

b) enhanced customer verification procedures,

c) specialized shipping and insurance,

d) the preparation of a Condition Report documenting the condition of the work prior to shipment.

• The Condition Report is a supporting and evidential document confirming the condition of the artwork at the time it was handed over to the carrier.
• The customer acknowledges that high-value works are subject to enhanced security standards and individual procedures.

§ 14. Foreign Arbitration

• In the case of Sales Agreements entered into with Customers residing or having their registered office outside the territory of the Republic of Poland, the parties may submit any disputes to the jurisdiction of an arbitration court.
• The arbitration will be conducted in English, in accordance with the rules of the selected permanent arbitration court.
• The Sales Agreement shall be governed by Polish law, unless otherwise required by mandatory provisions of law.

§ 15. Copyright and Final Provisions

• All works displayed in the Gallery are made available with the permission and knowledge of the copyright holders.
• It is prohibited to copy, distribute, or use any materials contained in the Gallery without the prior consent of the Gallery and the copyright holders.
• Contracts concluded through the Gallery are drawn up in Polish.
• The Gallery reserves the right to amend these Terms and Conditions for valid reasons, particularly in the event of changes to applicable laws or payment and delivery methods. Customers will be notified of any changes at least 7 days in advance.
• In matters not covered by these Terms and Conditions, the provisions of Polish law shall apply, in particular the Civil Code, the Consumer Rights Act, the Act on the Provision of Electronic Services, and the Personal Data Protection Act.

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