The Art73 Gallery's mission is to present the works of contemporary Polish artists to a wider audience and to promote the patronage of art among them by offering their works for sale.
These Regulations define the rules for using the Gallery Website as well as the rights and obligations of the Gallery and Buyers as part of the commission sale of Works provided by the Gallery to the account of the Artists conducted electronically, as well as the provision of other services described in the regulations.
The condition for using the Website and purchasing the Works is to read and accept all the provisions of the Regulations without reservations.
The Regulations are published on the Gallery Website at https://art73.gallery/en/pages/regulamin, presented to Users for approval before placing an Order or setting up an Account, as well as available at the Gallery headquarters.
DEFINITIONS
Artist - author of the Work intended for commission sale by the Gallery. For the purposes of the Regulations, the Artist also means another entity that owns the Work and transfers it for commission sale.
Price - the sales price of the Work, including VAT (gross), presented in the Catalog and the Accepted Order.
Work - a copy of an artwork or other collector's item presented by the Gallery for consignment sale.
Gallery - Art73 sp.Z o.o. with headquarters in Warsaw, address: ul. Chmielna 73, postal code 00-801, entered by the District Court, Commercial Division ___ - KRS into the Register of Entrepreneurs of the National Court Register under no. KRS 0000870452 with the share capital of PLN 20,000 fully contributed; having NIP 5272942434, email address INFO@ART73.PL, tel. 0048-785558855.
Catalog - the current collection of Works presented by the Gallery for commission sale.
Consumer - a User who is a natural person who performs a legal transaction with the Gallery not related directly to his business or professional activity.
Account - a free electronic service consisting in storing the User's data, enabling in particular the identification of the User on the Website and facilitating the placement of Orders by him and obtaining other services provided by the Gallery electronically.
Buyer - User submitting a declaration of will to conclude an Agreement consisting in the purchase of the Work.
Newsletter - a free service provided electronically via e-mail, consisting in informing interested Users about cultural events, the current catalog of the Gallery.
Privacy Policy - the rules for the processing of personal data adopted by the Gallery in accordance with the General Data Protection Regulation (GDPR).
Cookies Policy - rules for obtaining basic information about computers using the Website.
Acceptance of the Order - acceptance by the Gallery of the Buyer's offer for the purchase of the Work, confirming its availability and Price, and proof of concluding the Agreement.
Regulations - these regulations of the Art73 Gallery website.
Website - a website available at the address of the art73.gallery internet domain, through which the Gallery presents and sells Works and provides other services electronically.
Agreement - a contract for the sale of the Work on a commission basis concluded with the Buyer by the Gallery on its own behalf for the Artist.
User - a natural person who uses the functionality of the Website with full legal capacity or a legal person, or an organizational unit without legal personality, to which the law grants legal capacity.
Order - an offer to purchase the Work, which the Buyer places using the order form available on the Website.
SCOPE AND CONDITIONS FOR PROVIDING ELECTRONIC SERVICES
As part of the Website, the Gallery provides the following services by electronic means:
commission sale of the Works under the conditions described in detail in § 3;
information (Newsletter);
data storage (Account).
The condition for the provision of services is the registration of the User on the Website by entrusting the Data Gallery enabling his identification and the provision of services under an individually set Account. The necessary data includes the e-mail address and password. Additionally, for the purposes of providing services, the User may provide additional data necessary for the sale:
in the case of a Consumer: name and surname, address details, telephone number.
in the case of an entity other than the Consumer: name, address data, telephone number, NIP.
The User may not provide illegal content and data to the Gallery, and the Gallery, by providing ICT space for the User's needs, does not initiate the transmission of this content, does not delete or modify it, and does not examine whether the content is illegal. In the event of obtaining official or reliable information about illegal content, the Gallery is entitled to take actions described in §2 para. 4 of the Regulations.
The Gallery may refuse to register, suspend or delete the User's Account in the event of providing incorrect or unlawful data, persistent or gross violation of the Regulations, and in particular using the Website contrary to its purpose, for purposes that may constitute a crime, an offense or other violation of the law, or principles of social coexistence.
After registration, the data will be stored and used in a manner consistent with the law, their nature and the Gallery's Privacy Policy until the termination of their storage service (Account deletion), unless their further processing is justified by the performance of other services or legal obligations incumbent on the Gallery.
The Newsletter is a voluntary information service provided electronically via the Website or e-mail, consisting in periodic informing of interested Users about cultural events supported by the Gallery and its current Catalog.
The Account and Newsletter services are free, provided for an indefinite period and may be terminated by the Gallery or the User at any time with immediate effect. Their provision begins after their order (registration), including possible commercial and marketing consent to send information as part of the Newsletter service to the e-mail address provided and confirmation in the first e-mail of the activation link (double opt-in).
The provision of services via the Website requires a terminal device with access to the Internet and the current version of the web browser, an active e-mail account and enabled cookies.
The Gallery informs that it uses the Shopify platform as part of the operation of the Website. Shopify has taken the necessary measures to comply with Level 1 PCI DSS (https://www.shopify.com/security/pci-compliant) standards and to ensure that communications security is protected in a way that prevents unauthorized access to data, however Due to the variety of threats of hacking and data leakage beyond the control of the Gallery, we recommend using secured Internet networks, in particular the use of software or encryption technologies. In the event of detecting new types of threats or violations, the Gallery will take remedial measures to restore the normal level of security of services and notify the User of any data leakage.
The user may agree to enable cookies. Information on the Gallery's policy regarding the use of cookies, in particular for the purpose of accessing and storing information, as well as the possibility of personalizing the settings in Cookies, using the software settings installed in the telecommunications end device used by the User, in the Cookies Policy available on the Gallery's website: ___________
CONDITIONS FOR CONCLUDING A CONTRACT FOR THE SALE OF A WORK
The Gallery sells the Works presented in the Catalog published on the Website. The Gallery concludes Agreements on its own behalf, but on behalf of the Artists (commission sale).
Information about Works and Artists included in the Catalog, including the Prices, does not constitute an offer within the meaning of Art. 66 § 1 or 543 of the Civil Code, but are informative and constitute an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code.
The Gallery reserves the right to withdraw the Work from the Catalog or change the Price until the Buyer's Order is accepted. Orders placed after the withdrawal of the Work or a change in the Price are deemed not accepted, about which the Gallery will inform the Buyer together with a possible invitation to submit a new offer at the current Price.
The Buyer wishing to conclude the Agreement electronically should place an Order by:
activation of the "Add to cart" field for the selected Work;
activation of the "Checkout" field for the entire basket;
filling in the form prepared for this purpose;
confirmation of its submission by activating the "Order" field.
The Gallery will immediately, but not later than 5 days after receiving the Order, verify the availability and current conditions of sale of the Work, and in the event of a positive result, will Accept the Order. Failure to Accept the Order within the time limits indicated above should be considered as the expiry of the Order without concluding a contract.
The Gallery reserves the right to refuse the Order in any case, of which it will notify the Buyer indicating the reason for it.
In the case of Acceptance of the Order, the Buyer is obliged to pay the Price on the dates and on the terms described in § 5, and the Gallery to release the Work under the conditions described in § 6.
The moment of payment of the full Price by the Buyer to the Gallery's bank account number indicated in the Order Acceptance, is the moment of transfer of ownership of the Work to the Buyer. The Gallery reserves the right to withhold the release of the Work until the full Price is paid and the ownership of the Work is transferred to the Buyer.
PRICE AND PAYMENT
The price included in the Order Acceptance is the gross selling price of the Work (including VAT), expressed in the Polish currency (PLN).
In the event that the execution of the Order is to be a further resale of the original copies of the Work, the Price will be additionally increased by the fee resulting from the law for the so-called droit de suite for the Artist who is the author of the Work. The fee is charged only when the selling price - included in the Catalog and the Order - exceeds the equivalent of EUR 100 and amounts to:
5% of the part of the selling price, if this part is included in the range up to the equivalent of EUR 50,000,
3% of the part of the selling price, if this part is in the range from the equivalent of EUR 50,000.01 to the equivalent of EUR 200,000,
1% of the part of the selling price, if this part is in the range from the equivalent of EUR 200,000.01 to the equivalent of EUR 350,000,
0.5% of the part of the selling price, if this part is in the range from the equivalent of EUR 350,000.01 to the equivalent of EUR 500,000,
0.25% of the part of the selling price, if that part is in the range exceeding the equivalent of EUR 500,000 - but not higher than the equivalent of EUR 12,500 This fee is determined using the average euro exchange rate announced by the NBP on the date of Order Acceptance or - in the case of Order Acceptance on the day on which the average NBP exchange rates are not published - using the last average euro exchange rate published by the NBP, and the amount of the fee is given in The catalog is estimative.
Payments should be made in the Polish currency (PLN). Payment in foreign currency is allowed only after prior arrangement with the Gallery.
Payment of the Price is to be made by the Buyer within 7 days from the date of receipt of the Order Acceptance. The day of payment is the day the money is credited to the Gallery's account or handed over to the Gallery representative. Failure to pay within this period is the basis for withdrawal from the contract within 30 days from the date of expiry of the payment deadline.
The payment method is selected when placing the Order. Payment can be made in one of the following ways:
in cash for personal collection of the Work, up to PLN 15,000;
cash on delivery in the case of delivery of the Work by carriers, up to PLN 15,000;
by transfer in advance to the bank account indicated in the Order Acceptance;
credit card;
In the case of payment by bank transfer, the Buyer should indicate the title provided in the Order Acceptance in the title of the transfer.
COLLECTION AND HELP IN TRANSPORT
Pickup of the purchased Work is possible in person after paying the full Price on a date individually agreed with the Buyer at the premises or warehouse of the Gallery. The Gallery will make every effort to ensure that the Work is ready for collection no later than 7 days from the payment of the Price.
Before delivering the Work to the Buyer or his representative, the Gallery is entitled to verify the identity by presenting a proof of his identity. A person other than the Buyer should additionally have a written authorization to collect it from the Buyer.
The Gallery can offer the basic packaging of the Work, enabling personal collection at the request of the Buyer.
At the express request of the Buyer, the Gallery will provide the Work to the carrier selected by him. Any such entrustment is the responsibility of the Buyer and the Gallery is not responsible for improper performance of the service by the carrier or other third parties. The carrier should contact the Gallery by phone at least 24 hours before the scheduled pickup.
The Buyer is obliged to collect the purchased Work within 30 days from the date of receipt of the Order Acceptance. After this date, the Gallery may send the purchased Work to an external warehouse (deposit), at the expense and risk of the Buyer. The amount of fees will depend on the warehouse operator and the type and size of the Work.
In the case of Works, for which the law requires additional permits to export outside the country, in particular paintings older than 50 years with a value of more than PLN 40,000, the Buyer intending to export is obliged to comply with the provisions in this regard, and the inability to obtain the relevant documents or the delay in obtaining them does not justify the withdrawal from the sale or the delay in paying the full purchase price of the Work.
RIGHT OF WITHDRAWAL
The consumer may, within 14 days from the conclusion of the Agreement covering the sale of the Work, withdraw from it without giving any reason.
The running of the time limit specified in sec. 1 begins with the receipt of the Work by the Consumer or a person designated by him.
The consumer may withdraw from the sales contract by submitting a declaration of withdrawal to the Gallery. To meet the deadline for withdrawing from the Sales Agreement, it is enough for the Consumer to send a statement before that deadline.
The declaration of withdrawal from the Sales Agreement may be sent:
with the help of any postal operator to the following address: ul. Chmielna 73, 00-801 Warsaw;
by e-mail to the following address: info@art73.pl
The declaration of withdrawal may be submitted, inter alia, by sending a completed form, a model of which is attached as Annex 1 to the Regulations.
If the Consumer sends a declaration of withdrawal by e-mail, the Seller shall immediately send the Consumer to the e-mail address provided by the Consumer confirmation of receipt of the declaration of withdrawal from the Agreement.
In the event of withdrawal from a Distance Agreement:
This agreement is considered void;
The Gallery returns the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement, all payments made by him, including the cost of delivering the item, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard method. delivery offered by the Gallery. The reimbursement will be made by the Gallery using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve any costs for him. reimbursement of the payment until receipt of the Work from or until proof of its return is provided to him, whichever occurs first.
The consumer will return the Work to the following address: Chmielna 73, 00-801 Warsaw, immediately, no later than 14 days from the day on which he informed the Gallery about the withdrawal from the Agreement. The deadline will be met if the Consumer sends the Work before that deadline.
The consumer bears the direct costs of returning the Work;
The consumer is only responsible for reducing the value of the Work resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Work.
LIABILITY AND COMPLAINTS
The gallery will exercise due diligence in the scope of the services provided, referred to in § 2 para. 1 of the Regulations, including the delivery of Works without defects and the uninterrupted provision of continuous services (Account and Newsletter). This does not affect the right to interruptions in the provision of these services resulting from the need to carry out technical work on the Website, about which the Gallery will inform Users.
In the scope of commission sale of the Works, the Gallery is not responsible for hidden physical defects of the Work, as well as for its legal defects. This restriction does not apply to Consumers.
If the Consumer finds that the Work is defective, the Gallery shall be liable in the scope of the warranty specified in the Civil Code. Notifications of defects will be considered in the form of a complaint.
Complaints should be submitted in writing to the address of the Postal Gallery, ul. Chmielna 73, 00-801 Warsaw, Poland or electronically to the address info@art73.gallery, as soon as possible after the occurrence of the circumstances constituting the basis for the complaint. Within 30 days from the date of receipt of the complaint, the Gallery shall inform the Buyer in writing about the method of its consideration, however, failure to reply within the indicated period is tantamount to accepting the complaint. The complaint should include the name, surname or name of the Buyer, the Order number and a description of the defect.
The Gallery will endeavor to resolve any disputes that may arise in connection with the conclusion or performance of the Agreement amicably. Notwithstanding the foregoing, in the event of failure to reach an agreement, you have the right to refer the matter to mediation or court proceedings.
The court competent for resolving disputes arising from the application of these Regulations is the court competent for the seat of the Gallery, except for cases in which a consumer is a party.
Notwithstanding the foregoing, the Consumer may ask for help from the municipal (poviat) consumer ombudsman. All necessary information in this regard can be obtained on the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl.
At the same time, the Gallery informs that at the address http://ec.europa.eu/consumers/odr there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is a website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or contract for the provision of services.
INFORMATION CLAUSE
The administrator of personal data provided by Users who are natural persons as part of the provision of electronic services is the Gallery. Contact details of the Personal Data Inspector: info@art73.pl, phone no.
Personal data will be protected and processed in order to:
performance of Orders (pursuant to Article 6 (1) (b) of the GDPR);
marketing of the Gallery services (Article 6 (1) (a) of the GDPR - in the case of consent to informing about the commercial offer);
implementation of a legitimate interest consisting in the possible determination or pursuit of claims or defense against claims (the legal basis for processing is Article 6 (1) (f) of the GDPR).
Personal data will be kept for the period necessary to achieve the purpose with systematic control of their usefulness, no longer than every 6 years from the date of their introduction. In particular, they will be processed for the period of validity or performance of the Order, but not longer than for the duration of the claims related to them, and in the case of expressing consent - until the consent is withdrawn. To the extent that the data is processed for the purpose of directing marketing content, it will be processed until the consent is withdrawn or the objection to such processing is raised. The period of personal data processing may be extended each time by the period of limitation of claims, if the processing of personal data is necessary for the pursuit of possible claims or defense against such claims by the Contractor. After this period, the data will be processed only to the extent and for the time required by law, including tax and accounting law.
The data will not be transferred to other entities except: the carrier or intermediary carrying out shipments on behalf of the Parties, suppliers of IT systems and IT services, entities providing the Contractor with services necessary for the performance of contracts concluded with the Ordering Party, including legal services, postal operators and couriers, banks in the scope of making payments.
Persons whose data has been provided as part of the Order, have the right to: access the content of personal data, including requests for their copy and request for rectification, deletion of personal data (the right to be forgotten), restrictions on the processing of personal data, the right to transfer data personal data to another administrator, the right to object to the processing of personal data, and for the purposes of direct marketing, to withdraw consent if the Contractor processes personal data on the basis of consent, at any time and in any way, without affecting the lawfulness of processing, which was made on the basis of consent before its withdrawal. You have the right to lodge a complaint with the President of the Personal Data Protection Office, if you feel that the processing of personal data violates the provisions of the GDPR.
The administrator also informs about automated decision making, including profiling on the basis of analyzing the history of sales and activity on the website, in order to provide a personalized offer.
FINAL PROVISIONS
Any disputes arising between the parties will be settled in accordance with the provisions of Polish law, with the exception of the Vienna Convention on Contracts for the International Sale of Goods, signed in Vienna on April 11, 1980.
The invalidity or ineffectiveness of some of the provisions of these Regulations does not affect the validity or effectiveness of the remaining provisions.
Any changes to these Regulations must be published and made available in the same way as the publication of the Regulations.
In the event that these Regulations have also been formulated in a language other than Polish, in the event of a dispute, the Regulations in Polish will apply.
These Regulations enter into force on May 20, 2021.
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