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Working days - these are days from Monday to Friday excluding public holidays.
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Customer - a natural person with full legal capacity, a natural person running a business, a legal person or an organisational unit that is not a legal person, to which specific provisions grant legal capacity, who places an Order at the Online Store or uses other Services available at the Online Store.
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Regulations - this document.
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Vendor - Sopra Art Foundation.
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Object - a product presented in the Online Shop, the description of which is available next to each product presented.
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Sales Contract - a contract for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer.
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Services - services provided by the Seller to Customers electronically within the meaning of the Act of 18 July 2002 on provision of electronic services. 8. 8. Civil Code - the Act of 23 April 1964.
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Account - a part of the Online Store allocated to a given Customer, by means of which the Customer may carry out certain actions within the Online Store.
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Consumer - a customer who is a consumer within the meaning of Article 22[1] of the Civil Code.
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Entrepreneur - Customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code.
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Consumer Rights Act - Act of 30 May 2014 on consumer rights.
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Order - the Customer's declaration of intent, aiming directly at the conclusion of the Sales Agreement, specifying in particular the type and number of Goods.
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Purchased items are dispatched no later than 72 hours after the payment is credited, except on Saturdays, Sundays and public holidays, via courier service.
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The cost of delivery is paid by the customer. The charges may vary depending on the item offered and are stated in the order in the section: "Method of delivery".
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In exceptional cases, the postage cost is calculated individually at the customer's request.
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The delivery time of the purchased item from the moment of dispatch is on average:In the case of a domestic courier company, two to three working days. In the case of international delivery, depending on the delivery address
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The website is not responsible for the loss of objects or damage caused by courier companies.
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The buyer may also collect the purchased item in person, after agreeing the circumstances of collection with the Seller.
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The Customer, who is a Consumer, has the right to return an object purchased from the service, without stating a reason, within 14 days of its receipt. In this case, the service will refund all payments received from the Customer.
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The payment will be refunded as soon as the service has received the returned item, provided that the Customer returns the item in a condition unchanged from that in which it was purchased. The Customer undertakes to properly secure the returned parcel. Upon the Customer's request, the Seller shall give any instructions as to the proper form of packaging of the returned item.
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For domestic returns, if the purchased item is returned, the service will reimburse the customer for the cost of returning the item up to the shipping costs quoted.
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To make a return, a declaration of intent must be made by writing to: hello@galeriasopra.pl
The customer may use the model withdrawal given in appendix no.1.
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The consumer may withdraw from the Agreement for the Sale of Goods without stating a reason by making a declaration to that effect within 14 days of delivery of the product.
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The consumer may withdraw from the contract for the provision of services or from the contract for the supply of digital content which is not recorded on a tangible medium without stating a reason by making a declaration to that effect within 14 days of the conclusion of the contract.
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The Customer may formulate the declaration himself or use the model declaration of withdrawal (appendix no. 1).
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The 14-day period shall be counted from the day on which the delivery of the Object takes place or, in the case of a Service Contract, from the date of its conclusion.
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Upon receipt of the Consumer's notice of withdrawal, the Seller shall send an acknowledgement of receipt of the notice of withdrawal to the Consumer's e-mail address.
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In the event of withdrawal from a Contract concluded at a distance, the Contract shall be deemed not to have been concluded. What the parties have provided shall be returned unchanged, unless the change was necessary in order to ascertain the nature, characteristics and functionality of the Object. The return should take place immediately, no later than within 14 days.
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The purchased Object should be returned to the Seller's address.
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The Seller shall immediately, but no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Contract, refund to the Consumer all payments made by the Consumer, including the costs of delivering the Goods. The Seller shall reimburse the payment using the same method of payment used by the Consumer, unless the Consumer agrees to a different method of reimbursement, which method shall not involve any cost to the Consumer.
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The Seller may withhold reimbursement of payments received from the Customer until it has received the item back or the Customer has provided proof of its return, whichever event occurs first, unless the Seller has offered to collect the item from the Customer itself.
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If the Consumer has chosen a method of delivery of the Goods other than the cheapest ordinary means of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for any additional costs incurred by the Consumer. The Consumer shall only bear the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.
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The organiser of the auction is Sopra Art Foundation with its registered office in Wrocław, ul. Wyszyńskiego 110, 50-307 hereinafter referred to as the "Organiser".
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The auction is conducted under Polish law.
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All complaints will be dealt with on the basis of Polish law.
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Any disputes will be settled by the common court having jurisdiction over the premises of Sopra Gallery.
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The auction is being conducted on the OneBid platform.
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The objects of the auction are works of art, hereinafter referred to as Objects, placed on consignment sale by commissaries, authors or owned by the Organiser.
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According to the declarations of the Comptroller, the entrusted Objects are their property or they have the right to dispose of them.
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According to the declarations of the Comptroller, the Facilities are not subject to any legal or fiscal proceedings and are free from seizure and liens, as well as from any claims of third parties.
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The Organiser guarantees that the characteristics of the objects to be auctioned correspond to the catalogue description, which is done in the best of faith using the experience and expertise of the employees or experts cooperating with the Organiser.
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The Objects to be auctioned will be presented by the Organiser in electronic form on the website and social media and in catalogue form made available by email.
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The auction is conducted by the Auctioneer, who decides on the amount of the starting price, the bids, settles possible disputes or re-bids the object.
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The organiser of the auction is not responsible for any hidden physical or legal defects in the purchased objects, and reserves the right to withdraw the object from the auction without giving any reason and without incurring any liability on this account.
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The Organiser sells the objects in the condition in which they were delivered by the Seller. The Organiser does not take into consideration complaints based on the state of preservation of the Object.
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All Objects offered for sale have a specific asking price and contain factually correct descriptions.
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The descriptions of the Objects in the catalogue may be corrected before bidding.
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All persons of legal age may participate in the auction after creating an account on the Onebid auction portal and accepting these auction rules.
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The auctioneer charges an auction fee of 18% of the bid price.
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Persons interested in bidding have the opportunity to submit a bid (with any price limit) in the days preceding the auction. Employees of the Organiser will participate in the auction on their behalf (Information on the amount of the proposed highest price is completely confidential information).
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The value of an Object in an auction offer is determined by an estimate (given in the range from lower to upper limit, in PLN). The Object may have a guarantee price and its amount is confidential information known only to the Organiser's employees.
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It is possible for individual objects to participate in the auction by telephone, provided that this is notified to the organisers at least 5 hours before the auction starts. A representative of the Organiser will bid on behalf of these persons, being in telephone contact with them during the auction. In the case of confirmed telephone participation in the auction, a representative of the Organiser will contact the participant by telephone before the start of the bidding for a particular work of art and make proposals to purchase the work on behalf of the participant.
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In the case of telephone bidding, the Organiser reserves the right to record and archive telephone conversations with the participant.
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The organiser is not responsible for technical problems including the impossibility of Internet or telephone connection to the customer during the bidding process.
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For Objects marked with [*], a droit de suite fee is added to the final price, i.e. the sale price including the auction fee:
5% - up to €50000,
3%- from EUR 50,000.01 to the equivalent of EUR 200,000
1% - €200,000.01 up to an equivalent of €350,000
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The droit de suite fee may not exceed the equivalent of €12,500 and is not charged if the sale price is less than €100.
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Bidding threshold:
· 100 zł – 1000 zł. / 100 zł.
· 2000 zł – 5000 zł. / 200 zł.
· 5000 zł – 10000 zł. / 500 zł.
· 10000 zł. – 20000 zł. / 1000 zł.
· 20000 zł. – 50000 zł. / 2000 zł
· 50000 zl. – 100000 zł / 5000 zł
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The highest price bid is confirmed by hitting the auctioneer's gavel three times or by the end of time in the case of online auctions and is tantamount to the conclusion of a sales contract. From that moment on, the Purchaser is obliged to purchase the Object.
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In the event of a dispute, the auction may be repeated.
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The purchaser is obliged to purchase the auctioned object within 7 days of the end of the auction.
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At the end of the auction, it is possible to submit purchase bids for Unsold Objects, but the Auctioneer will only consider those above the minimum estimate amount.
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Under current law, customers buying at public auction are not entitled to a 14-day withdrawal period (D.U. of 24.06.2014, item 827, Art.38, p.11)
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In the case of bank transfers, the date of payment is understood to be the receipt of funds on Sopra Art Foundation's bank account: mBank with the number 82 1140 2004 0000 3802 8129 5585.
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The auction fee also applies to post-auction sales.
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The amount auctioned including the organisation fee is gross.
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If the buyer fails to fulfil the contract, the Organiser may charge a storage fee of PLN 50 net for each day of delay and withdraw from the sales contract.
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Ownership of the object auctioned and its collection shall take place upon payment by the Purchaser of the total amount auctioned and the organisation fee.
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The organiser is not responsible for hidden physical and legal defects of the purchased objects and complaints will be dealt with according to the applicable law.
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The Organiser does not offer a shipping service for purchased items. Purchased items can be collected in person at the Organiser's premises or shipped at the buyer's request to the address indicated at the buyer's expense. Questions regarding shipping can be made by email or telephone: E-mail: hello@galeriasopra.com , Tel: 503645293
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The Organiser is not responsible for possible damage during transport. Upon request, the Organiser may pack and send the purchased works by courier at the recipient's expense, but the Organiser is not responsible for any delay in delivery or damage to the object during transport.
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By taking part in the auction, you accept the terms and conditions.
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In accordance with the provisions of the Personal Data Protection Act of 10 May 2018 (Journal of Laws 2019, item 1781), the Organiser processes the personal data of the auction participant or the buyer to the extent necessary for the conduct of the auction or the performance of the sales contract and to the extent necessary for the execution of the bidding orders.
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Persons whose data is processed by the Organiser have the right to inspect their data at the Organiser's registered office and the right to correct their data, as well as the right to request the discontinuation of its processing.
INFORMATION ON CURRENT LEGISLATION:
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Pursuant to the Act of 21 November 1996 on museums (Journal of Laws 2017, item 972), Polish registered museums have the right of first refusal to purchase objects sold at auction.
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Pursuant to the Act of 23 July 2003 on the protection and care of historical monuments (Journal of Laws 2014, item 1446), the export of works of art abroad is permitted, provided that the Object is not older than 50 years and its value does not exceed the limits listed in Article 51 of the Act.
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Pursuant to the Act of 23 July 2003 on the Protection of Monuments (Journal of Laws 2014, item 1446), as of 6 December 2017, a business entity specialising in the trade of works of art is obliged to keep a record book of monuments accepted or offered for sale, both for its own benefit and for the benefit of others, with a value exceeding PLN 10 000, as well as expert opinions issued by the entity, in particular valuations and estimates of the time of creation of the monument.
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Pursuant to the law of 16 November 2000 on the prevention of money laundering and terrorist financing (i.e. Journal of Laws 2017, item 1049), Galeria Sopra is obliged to collect the personal data of customers making transactions of more than €15,000.
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In accordance with the Act of 2 July 2004 on freedom of economic activity (i.e. Journal of Laws 2016, item 1829),
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Sopra Gallery is obliged to accept payments for the purchase of objects through a bank account in the case where:
- another entrepreneur is a party in the transaction and
- a single transaction value, regardless of the number of resulting payments, exceeds the equivalent of PLN 15 000.
