Regulaminy

Gallery Regulations

 

§1 General provisions

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

  2. The Seller can be contacted:
    - at: + 48 503 645 293
    - using the e-mail address: hello@galeriasopra.pl hello@galeriasopra.pl

     

§2 Definitions

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

  2. Customer - a natural person who has full legal capacity, a natural person conducting business, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who places an Order on the Online Store or uses other Services available on the Online Store.

  3. Regulations - this document.

  4. Seller - Sopra Art Foundation.

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

  6. Contract of sale - Contract of 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 provisions of the Act of 18 July 2002 on the provision of electronic services. 8. the Civil Code - the Act of April 23, 1964.

  8. Account - a part of the Online Store assigned to a given Customer, through which the Customer can perform 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. Law on Consumer Rights - Law of May 30, 2014 on consumer rights.

  12. Order - a declaration of will of the Customer, aimed directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.

     

§3 Object of sale

  1. Objects in sales conducted by the online Sopra Gallery are works of art, especially paintings, coming directly from their creators or from owners who are not creators.

  2. Objects offered by the Website may bear traces of the passage of time and individual features. The seller undertakes to inform buyers about
    individual characteristics of the objects and deliver them without defects, except for the defects indicated in the sales offer.

  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 accepting objects to the Website is the submission of a statement by the owners of the objects that the objects are original, are their property and do not infringe on anyone's copyrights.The Website reserves the right to remove from the Website objects for which there is a reasonable suspicion that the statements made in accordance with item 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, especially in terms of colors or visibility of textures.

  7. The Seller is the owner of all photographs posted on the Website, unless otherwise noted. 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 Store's websites, in particular their descriptions, technical and utility parameters and prices, constitute an invitation to conclude an Agreement, within the meaning of Article 71 of the Civil Cod

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

  3. Placing an Order is possible by Users of the Online Store who have properly completed the Registration Form located on the Online Store website. Placing an Order is also possible without the Registration Form.

  4. The Registration Form requires the following data: name, surname, delivery address, e-mail address, contact phone.
    Failure to fill out the form correctly or providing incorrect data may cause the Online Store to withdraw from processing the Order. Failure to exercise due diligence when filling out the form may result in the Customer having to incur additional costs, including: costs of an indemnity nature, costs of erroneous shipment, costs of re-shipment, and other reasonable costs that were incurred by the Store to process the order in question.

  5. The condition for placing an Order is having an active e-mail account. In the case of placing an Order through the Order form available on the website of the Online Store, the Order is submitted to the Seller by the Client in electronic form and constitutes an offer to conclude a Contract of Sale for the Goods that are the subject of the Order. An offer made in electronic form is binding on the Client if the Seller sends to the e-mail address provided by the Client a confirmation of acceptance for execution of the Order, which constitutes a statement of the Seller on acceptance of the
    Customer's offer and as soon as it is received by the Customer, the 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 is concluded in the Polish language with the content in accordance with the Regulations.

     

§5 Payments and Prices

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

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

  3. The customer authorizes 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 within 72 hours of receipt of payment at the latest, excluding Saturdays, Sundays and holidays, via courier.

  2. The cost of delivery is paid by the Customer. 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 cost of delivery is calculated individually at the request of the customer.

  4. The delivery time of the purchased item from the moment of sending is on average: in case of domestic courier service - two or three working days. In the case of foreign shipments, depending on the delivery address

  5. The seller 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 on the website, without giving any reason, within 14 days from the date of its receipt. In this case, the Seller will return all payments received from the Customer.

  8. The payment will be refunded immediately after the Seller receives the returned item, provided that the Customer returns the item in a condition unchanged from the one in which they purchased it. The Customer is obliged to properly secure the returned package. At the request of the Customer, the Seller shall give any instructions as to the proper form of packaging of the returned item.

  9. In case of domestic returns, if the purchased item is returned, the Seller shall reimburse the Customer for the cost of sending the item back to the Customer up to the amount of the shipping costs stated in the offer.

  10. To make a return, you must make the appropriate declaration of intent by writing to the e-mail address: hello@galeriasopra.pl
    The customer may use the withdrawal template provided in Appendix No.1.

     

§7 Complaints

  1. The seller emphasizes that the subject of his offer are individual, frequently used objects, and the canvas is soft, easily scratched and micro-bent. Although the Seller makes every effort to accurately describe any defects of the offered items, some of them show traces of the passage of time.

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

  3. If the data or information provided in the complaint needs to be supplemented, the Seller shall request the complainant to supplement it to the extent indicated before considering the complaint.
    o jej uzupełnienie we wskazanym zakresie.

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

  5. The answer to the complaint is sent to the e-mail address provided by the Customer or to the postal mail address.

     

§8 Uprawnienie do odstąpienia od Umowy

  1. The consumer may withdraw from the Agreement for the sale of goods without giving any reason by submitting an appropriate statement within 14 days from the date of delivery of the product.

  2. A consumer may withdraw from a contract for the provision of services or a contract for the supply of digital content that is not recorded on a tangible medium without giving a reason by submitting an appropriate statement within 14 days from the date of conclusion of the contract.

  3. The customer can formulate the statement himself or use the template statement of withdrawal from the Agreement ( Appendix 1 ).

  4. The 14-day period shall be counted from the day on which delivery of the Facility took place or, in the case of a Service Agreement, from the date of its conclusion.

  5. Upon receipt of the Consumer's statement of withdrawal from the Contract, the Seller will send an acknowledgement of receipt of the statement of withdrawal to the Consumer's e-mail address.

  6. In the event of withdrawal from the Contract concluded at a distance, the Contract is considered not concluded. What the parties have provided shall be returned unchanged, unless the change was necessary to determine the nature, characteristics and functionality of the Object. The return should be made immediately, no later than within 14 days.

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

  8. The Seller shall immediately, but no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Contract, return to the Consumer all payments made by the Consumer, including the cost of delivering the Goods. The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer agrees to a different method of refund, which method will not involve any cost to the Consumer.

  9. The Seller may withhold reimbursement of payments received from the Customer until it receives the item back or the Customer provides 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 method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for the additional costs incurred by the Consumer. The Consumer shall bear only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.

     

§9 Wyłączenie prawa do odstąpienia od umowy

  1. The Consumer's right to withdraw from the Contract is excluded in the case of the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service,
    że po spełnieniu świadczenia przez Sprzedawcę utraci prawo odstąpienia od Umowy;

  2. A contract in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the deadline for withdrawal from the Contract.

  3. A contract in which the object of performance 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. Agreement concluded through a public auction.

     

§10 Protection of personal data

  1. The personal data provided by the Customers is collected and processed by the Seller in accordance with applicable laws and in accordance with the Privacy Policy.

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

  3. Additional explanations of data protection are contained in the "Privacy Policy" tab available on the Website.

     

§11 Final provisions

  1. The Service reserves the right to make changes to the Terms and Conditions. Registered customers will be informed of the change in the Regulations when they next log in to the service 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, especially those prohibited by law, vulgar, offensive or otherwise violating the rules of social coexistence.

  3. For any questions or concerns, please email:hello@galeriasopra.pl

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

  5. Sopra Gallery is not responsible for interruptions in the provision of Services resulting from resulting failures or cases of malfunctioning of ICT systems, which are outside the Sopra Gallery site.

  6. Sopra Gallery is not responsible for the 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 regulations, the provisions of the Act on Provision of Electronic Services, the Act on Copyright and Related Rights and the Civil Code shall apply.

  9. Regulations are effective as of 01.03.2022
    Appendix 1 to the Regulations



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


WITHDRAWAL FORM TEMPLATE
(this form should be completed and returned only if you wish to withdraw from the contract) ………………………………………………………………………. ………………………………………………………………………. ……………………………………………………………………….
2- I/We(*) ..................................................................... hereby inform(*) about my/our withdrawal from the sales contract
the following things(*) / to provide the following service(*) / to provide digital content in the form(*):
Date of contract(*)/acceptance(*)
Name of Consumer(s):
Address of Consumer(s):
Signature of the Consumer
………………………………………………………………………………………………………………………………
(tylko jeżeli formularz jest przesyłany w wersji papierowej)
3. Date
4. (*) Delete as appropriate.

                                                   

       

Auction Rules

  1. The organizer of the auction is Sopra Art Foundation, based in Wroclaw, Wyszyńskiego 110 Street, 50-307 hereinafter referred to as the "Organizer".

  2. The auction is conducted under Polish law.

  3. All complaints will be considered under the provisions of Polish law.

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

  5. The auction is conducted on the OneBid platform.

  6. The subject of the auction are works of art, hereinafter referred to as Objects, put up for commission sale by commissaries, authors or owned by the Organizer.

  7. According to the declarations of the countrymen, 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 judicial and fiscal proceedings, and are free from seizure and liens, as well as any claims by third parties.

  9. The Organizer guarantees the conformity of the features of the auctioned Objects with the catalog description, which are made in the best faith using the experience and expertise of the employees or experts cooperating with the Organizer.

  10. The Objects to be auctioned will be presented by the Organizer in electronic form on the website and social media, and in the form of a catalog made available by email.

  11. The auction is conducted by the Auctioneer, who decides on the starting price, bids, settles any disputes or re-bids the object.

  12. The organizer of the auction is not responsible for hidden physical and legal defects of 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 Organizer sells the Objects in the condition in which they were delivered by the Seller. The Organizer does not consider complaints based on the state of preservation of the Object.

  14. Objects put up for sale have a certain asking price and contain descriptions in accordance with the facts.

  15. Descriptions of Objects in the catalog may be corrected before bidding.

  16. All adults 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 purchase offer (with any price limit) in the days preceding the auction. Employees of the Organizer will participate in the auction on their behalf (Information about the amount of the proposed highest price is completely confidential information).

  19. The value of the Object in the auction offer is determined by the 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 employees of the Organizer.

  20. It is possible to participate in the bidding of individual objects by telephone, provided that the organizers are notified in advance at least 5 hours before the start of the bidding. A representative of the Organizer 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 Organizer will contact the participant by telephone before the start of the bidding of a particular work of art and make proposals to purchase the work of art on behalf of the participant.

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

  22. The organizer is not responsible for technical problems, including the inability to connect online or by phone with 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 selling price including the auction fee:

    5% – do 50000 euro,

    3%- from €50,000.01 to the equivalent of €200,000

    1% - €200,000.01 to the equivalent of €350,000

  24. The droit de suite fee cannot exceed the equivalent of 12,500 euros and is not charged if the sale price is less than 100 euros.

  25. Auction bidding:
    · 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 striking 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 purchase and sale agreement. From that moment on, the Purchaser is obliged to redeem the Object.

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

  28. The buyer is obliged to redeem the auctioned object within 7 days after the end of the auction.

  29. After 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 estimation amount.

  30. In accordance with current law, customers buying at a public auction are not entitled to a 14-day withdrawal period (D.U.z dn.24.06.2014, item.827, Art.38, p.11)

  31. In the case of transfers, the day of payment is understood as the receipt of funds on the bank account of Sopra Art Foundation: 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 organizational fee is the gross amount.

  34. If the buyer fails to fulfill the contract, the Organizer may charge a storage fee of PLN 50 net for each day of delay and withdraw from the sales contract

  35. Ownership of the auctioned Object and its collection shall take place after the Purchaser has paid the total amount auctioned and the organizational fee.

  36. The organizer is not responsible for hidden physical and legal defects of the purchased objects, and complaints will be handled according to the applicable law.

  37. The Organizer does not offer shipping service for purchased items. Purchased items may be picked up in person at the Organizer's office or shipped at the buyer's request to the specified address at the buyer's expense. Questions about shipping can be directed by email or phone: E-mail: hello@galeriasopra.pl , Tel: 503645293

  38. The Organizer is not responsible for any damage during transportation. Upon request, the Organizer can pack and send the purchased works by courier at the expense of the recipient, but the Organizer is not responsible for any delay in delivery or damage to the object during transportation.

  39. Taking part in the auction is tantamount to accepting the rules and regulations.

  40. In accordance with the provisions of the Law of May 10, 2018 on the Protection of Personal Data (Journal of Laws 2019, item 1781), the Organizer processes the personal data of the auction participant or buyer to the extent necessary to conduct the auction or execute the sales contract, and to the extent necessary to execute the bidding orders.

  41. Persons whose data are processed by the Organizer have the right to inspect their data at the Organizer's headquarters and the right to correct them, as well as to demand the cessation of their processing.

     

    INFORMATION ON CURRENT LEGISLATION:

     

  1. According to the Law on Museums of November 21, 1996 (Journal of Laws of 2017, item 972), Polish registered museums have the right of first refusal to purchase objects sold at auction.

  2. According to the Law of July 23, 2003 on the Protection and Care of Monuments (Journal of Laws of 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 Law.

  3. According to the Law of July 23, 2003 on the Protection and Care of Monuments (Journal of Laws of 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 Law.

  4. In accordance with the Anti-Money Laundering and Countering the Financing of Terrorism Act of November 16, 2000 (i.e., Journal of Laws of 2017, item 1049), Sopra Gallery is required to collect the personal data of customers making transactions in excess of €15,000.

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

  6. Sopra Gallery is obliged to accept payment for the purchase of objects through a bank account in the event that:
    - another trader is a party to the transaction, and
    - a single transaction value, regardless of the number of resulting payments, exceeds the equivalent of PLN 15,000.