Regulations

Regulations

Gallery regulations

§1 General provisions

  1. The owner of the Sopra Gallery website is the Sopra Art Foundation, hereinafter referred to as the Seller.

  2. The Seller can be contacted:
    - on telephone number: + 48 503 645 293
    - using the e-mail address: hello@galeriasopra.com

     

§2 Definitions

  1. Working days - these are days from Monday to Friday excluding public holidays.

  2. 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.

  3. Regulations - this document.

  4. Vendor - Sopra Art Foundation.

  5. Object - a product presented in the Online Shop, the description of which is available next to each product presented.

  6. Sales Contract - a contract for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer.

  7. 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.

  8. 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.

  9. Consumer - a customer who is a consumer within the meaning of Article 22[1] of the Civil Code.

  10. Entrepreneur - Customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code.

  11. Consumer Rights Act - Act of 30 May 2014 on consumer rights.

  12. 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.

§3 Object of sale

  1. The objects for sale by the online Sopra Gallery are works of art, in particular paintings, directly from their creators or from owners who are not creators.

  2. The objects offered by the Website may bear traces of the passage of time and individual characteristics. The seller undertakes to inform buyers of the following
    individual characteristics of the objects and to deliver them without defects, with the exception of the defects indicated in the offer for sale.

  3. The objects offered on the Website have been accepted for sale on the basis of a commission agreement or have been acquired by the Seller and are his property.

  4. The condition for the acceptance of objects to the Website is the submission of a declaration by the owners of the objects that the objects are original, are their property and do not infringe anyone's copyrights.The Website reserves the right to remove from the Website objects in relation to which there is a justified suspicion that the declarations made in accordance with point 1 above are not true. The website is not responsible for hidden physical defects of objects and their legal defects.

  5. The sale does not, under any circumstances, include copyright, in particular the right to reproduce or commercially exploit the objects or their images.

  6. The photos of the objects offered for sale presented on the Website may, due to their individual character, slightly differ from the original, in particular in terms of colour or visibility of textures.

  7. The Seller is the owner of all photographs placed on the Website, unless otherwise stated. It is forbidden to use content published on the Website without the written consent of the Seller.

§4 Sales contract

  1. Information about the Objects provided on the Shop's websites, in particular their descriptions, technical and usable parameters and prices, constitute an invitation to conclude an Agreement, within the meaning of Article 71 of the Civil Code.

  2. The seller informs you that he is obliged to deliver the order item free of defects.

  3. Placing an Order is possible by Users of the Internet Shop who have correctly filled in the Registration Form located on the website of the Internet Shop. Placing an Order is also possible without the Registration Form.

  4. The following data is required in the Registration Form: name, surname, delivery address, e-mail address, contact telephone.
    Failure to fill in the form correctly or providing incorrect data may result in the Online Shop's withdrawal from processing the Order. Failure to exercise due diligence when filling in the form may result in the Customer incurring additional costs, including: costs of an indemnity nature, costs of erroneous dispatch, costs of re-dispatch, and other justified costs which were incurred by the Shop in order to process a given order.

  5. The condition for placing an Order is having an active e-mail account. In the case of placing an Order via the Order form available on the website of the Online Shop, the Order is placed by the Client to the Seller in electronic form and constitutes an offer to conclude a Sales Agreement for the Goods being the subject of the Order. An offer made in electronic form binds the Customer if the Seller sends to the e-mail address provided by the Customer a confirmation of acceptance for execution of the Order, which constitutes a declaration of the Seller on acceptance of the Customer's
    offer and upon its receipt by the Customer a Contract of Sale is concluded.

  6. Orders can be placed 24 hours a day. Placing an order entails an obligation to pay.

  7. The contract of sale shall be concluded in the Polish language with contents in accordance with the Terms and Conditions.

§5 Payments and Prices

  1. The prices of goods are given in Polish zloty and include all components, including VAT.

  2. The customer may choose the following forms of payment :
    - by transfer to the bank account of the Sopra Art Foundation.

  3. The Customer authorises the Seller to issue a VAT invoice without the recipient's signature in electronic form (or any other bill documenting the sale
    in electronic form)

§6 Delivery

  1. Purchased items are dispatched no later than 72 hours after the payment is credited, except on Saturdays, Sundays and public holidays, via courier service.

  2. 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".

  3. In exceptional cases, the postage cost is calculated individually at the customer's request.

  4. 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

  5. The website is not responsible for the loss of objects or damage caused by courier companies.

  6. The buyer may also collect the purchased item in person, after agreeing the circumstances of collection with the Seller.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

§7 Complaints

  1. The seller emphasises that the objects on offer are individual, frequently used objects, while canvas is one of the soft items, easily subject to scratches, microscratches. Although the Seller makes every effort to accurately describe any faults of the offered items, some of them bear the signs of the passage of time.

  2. The Customer may submit complaints regarding the purchased item to the Seller at hello@galeriasopra.pl or in writing to the Seller's address. A correctly submitted complaint should include at least:
    - Name, address, e-mail address of the customer,
    - the date of purchase of the advertised item,
    - the subject of the complaint, indicating the customer's request,
    - any circumstances giving rise to a complaint

  3. If the data or information provided in the complaint needs to be supplemented, the service will ask the complainant
    to supplement it to the extent indicated before considering the complaint.

  4. The Service shall consider the complaint within 14 days of receipt in its correct form.

  5. A reply to the complaint is sent to the e-mail address or postal address provided by the customer.

§8 Entitlement to withdraw from the Agreement

  1. 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.

  2. 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.

  3. The Customer may formulate the declaration himself or use the model declaration of withdrawal (appendix no. 1).

  4. 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.

  5. 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.

  6. 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.

  7. The purchased Object should be returned to the Seller's address.

  8. 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.

  9. 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.

  10. 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.

§9 Exclusion of right of withdrawal

  1. The consumer's right of withdrawal is excluded in the case of the provision of services, if the Seller has performed the service in full with the express consent of the Consumer, who has been informed prior to the performance,
    that after the Seller's performance, he will lose his right of withdrawal;

  2. A contract in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the end of the withdrawal period.

  3. A contract in which the subject matter is sound or visual recordings or computer programs delivered in sealed packaging if the packaging is opened after delivery; delivery of albums, art magazines.

  4. Contract concluded by public auction.

§10 Protection of personal data

  1. The Seller collects and processes the personal data provided by the Customers in accordance with the applicable laws and in compliance with the Privacy Policy.

  2. The vendor uses appropriate technical and organisational measures to ensure the protection of the personal data processed.

  3. For further explanations on data protection, please refer to the Privacy Policy available on the Website.

§11 Final provisions

  1. The website reserves the right to make changes to the Terms and Conditions. Registered customers will be informed of changes to the Terms and Conditions during their next login to the website and/or by email.

  2. The Site respects the freedom of artistic expression guaranteed by Article 73 of the Polish Constitution. and shall not be held responsible for the content expressed by the Exposed Objects, in particular that which is prohibited by law, vulgar, offensive or otherwise violates the rules of social coexistence.

  3. Please direct any questions or concerns to the following email address:hello@galeriasopra.com

  4. These Regulations are available on the Sopra Gallery website.

  5. Sopra Gallery shall not be liable for any interruption in the provision of the Services due to any resulting failures or cases of malfunction of the ICT systems, which are beyond the control of Sopra Gallery.

  6. Sopra Gallery shall not be liable for any inability to access the Services resulting from incorrect registration of the User.

  7. Any disputes arising between the User and Sopra Gallery in connection with the provision of Services through the Site shall be resolved by the courts having jurisdiction over the seat of Sopra Gallery.

  8. In matters not covered by these terms and conditions, the provisions of the Act on Provision of Electronic Services, the Act on Copyright and Related Rights and the Civil Code shall apply.

  9. Terms and conditions effective from 01.03.2022
    Annex 1 to the Rules of Procedure

Below is a model withdrawal form, which the Consumer may or may not use:

WITHDRAWAL FORM TEMPLATE
1 (this form must be completed and returned only if you wish to withdraw from the contract) ............ .............................. .......... .............................. ...................... .............................. .......................
2- I/We(*) ..................................................................... hereby give notice(*) of my/our withdrawal from the sales contract
of the following items(*) / for the provision of the following service(*) / for the supply of digital content in the form(*): ...................................................................................................................................................................................................
- Date of contract(*)/receipt(*) ..................................................................
- Name of Consumer(s): .................. .............................. .............................. .............................. .............................. .............................. ...............
- Address of Consumer(s): ..................... .............................. .............................. .............................. .............................. .............................. ........................
3. signature of the consumer
………………………………………………………………………………………………………………………………
(only if the form is sent on paper)
Date ……………………………………..
4. (*) Delete as appropriate.

                                                   

       

Auction Rules

  1. 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".

  2. The auction is conducted under Polish law.

  3. All complaints will be dealt with on the basis of Polish law.

  4. Any disputes will be settled by the common court having jurisdiction over the premises of Sopra Gallery.

  5. The auction is being conducted on the OneBid platform.

  6. 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.

  7. According to the declarations of the Comptroller, the entrusted Objects are their property or they have the right to dispose of them.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. 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.

  14. All Objects offered for sale have a specific asking price and contain factually correct descriptions.

  15. The descriptions of the Objects in the catalogue may be corrected before bidding.

  16. All persons of legal age may participate in the auction after creating an account on the Onebid auction portal and accepting these auction rules.

  17. The auctioneer charges an auction fee of 18% of the bid price.

  18. 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).

  19. 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.

  20. 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.

  21. In the case of telephone bidding, the Organiser reserves the right to record and archive telephone conversations with the participant.

  22. The organiser is not responsible for technical problems including the impossibility of Internet or telephone connection to the customer during the bidding process.

  23. 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

  24. 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.

  25. 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

  26. 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.

  27. In the event of a dispute, the auction may be repeated.

  28. The purchaser is obliged to purchase the auctioned object within 7 days of the end of the auction.

  29. 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.

  30. 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)

  31. 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.

  32. The auction fee also applies to post-auction sales.

  33. The amount auctioned including the organisation fee is gross.

  34. 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.

  35. 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.

  36. 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.

  37. 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

  38. 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.

  39. By taking part in the auction, you accept the terms and conditions.

  40. 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.

  41. 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:

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. In accordance with the Act of 2 July 2004 on freedom of economic activity (i.e. Journal of Laws 2016, item 1829),

  6. 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.