Regulations for the Artist The key principles of cooperation:
These Regulations define the general rules of cooperation between the Cosma Gallery auction house (Commissioner) and the Artist (Committee). Acceptance of the regulations signifies agreement to and acceptance of all terms contained herein.
The sale of the Artists’ works takes place under a commission agreement. Under this commission agreement, the Auction House undertakes, for remuneration (commission) in the scope of its business activity, to sell works of art for the artist’s account, but on its own behalf.
In order to sell their works, the Artist (Committee) must register on the website
After receiving the information – by phone or e-mail about the purchase of the work, the Committee (Artist) undertakes to promptly (within 3 days) send the work to Cosma Gallery or to another address agreed with the Committee (Artist).
The Committee’s payment shall include the sale price of the work paid by the Client less the auction house’s commission, the amount of which will be 40% of the sale price.
Payment by the Commissioner to the Committee is to be made no later than 45 days after the sale has been completed by receipt of funds to the Commissioner from the buyer.
Clients purchasing the work have the right to return it within 14 days, if the Client returns the work, the transaction is considered void and the work is returned to the Agent (Artist).
We do not require the exclusive right to the sale of works. However, if a piece of work offered through Cosma Gallery is sold through other channels, the Committee must immediately – within 3 days from the date of sale – inform Cosma Gallery about the sale. Failure to do so incurs a contractual penalty on the Committee equal to the price of the work / object placed on the website.
Below are detailed Regulations of cooperation between the Artist and the auction house and Cosma Gallery on-line.
Regulations of the Cosma Gallery and Auction House
Poniższy regulamin określa zasady współpracy pomiędzy galerią internetową prowadzoną pod domeną:cosmagallery.com
której właścicielem jest Cosma Gallery Sp. z o.o. z siedzibą w Sopocie, przy ulicy Łokietka 49b/14, 81-736 Sopot, reprezentowaną przez Prezesa Spółki, Monikę Ziółek, zamieszkałą w Sopocie, Ul. Łokietka 49b/14, 81-736, legitymującym się dowodem osobistym CIC 740106 (nr i seria dowodu osobistego) wydanym przez Prezydenta Sopotu, zwanym w treści umowy Komisantem oraz Artystą (Właścicielem pracy, Kolekcjonerem) zwanym w treści umowy Komitentem, zwanymi dalej Stronami.
Purpose of cooperation
Przedmiotem umowy jest współpraca stron, która polega na sprzedaży komisowej prac (dzieł sztuki) oraz przedmiotów kolekcjonerskich poprzez serwis internetowy cosmagallery.com, inne kanały internetowe oraz za pomocą tradycyjnych kanałów sprzedaży.
In order to perform the contract, Cosma Gallery enables the owners of works and collectibles to submit them for sale on the Website.
To submit a work, you must register with the Website, that is, before submitting a work, you must register and set up an Artist’s or Committee’s Account. The artist (Committee) opens his account using the registration form on our website, providing his name, surname, required data, biographical information and a photo in the appropriate format.
The committee submits the work or object using the form available on the website, where he places photos of the work or object in the appropriate format along with all necessary additional information.
The committee declares that he is the rightful owner of the work or facility, and the works or facilities in question are not subject to any administrative, court or fiscal proceedings, are free from attachment and lien and other limited property rights, and are not subject to any claims of third persons. In the case of joint ownership, written consent of all joint owners is required for the sale. The Committee declares that the submitted works are free from legal defects, they will not infringe or may not infringe any personal rights, copyrights or related rights of other persons, in particular they will not be wholly or partially copies of other works of art, photographs or other items. The Committee declares that it owns the copyrights to the submitted works and that all artistic objects / works are in perfect technical condition. The gallery is not responsible for physical and legal defects of objects offered for sale.
Cosma Gallery places works or objects on its Website after their prior approval, along with the profile of the author of the work, if he or she submits the work to the website for the first time. After approval by Cosma Gallery, the work will be placed in the gallery at www.cosmagallery.com. Information about the publication of the work in the gallery in question will be sent to the Committee on the e-mail address provided when registering the account. The website will also contain biographical information and a photo of the Artist. Cosma Gallery reserves the right to present the submitted works on other websites dealing with art at the fair.
The Committee undertakes to immediately inform the Cosma Gallery Website in the event of sale of their work or object on other channels or withdrawal from sale on the Website of a work or object for any other reason. Information on the withdrawal of the work (object) from sale should be provided by phone or e-mail: by sending information to the following address: info@cosmagallery.com or by calling: (+48) 660-468-137.
Sale of works on a commission basis
The parties agree that the order placed on the Website for a given work will be tantamount to the sale of the work on a commission basis. In the case of sale of a work or an object by the Service, the Committee is obliged to send it at his own expense and risk to the following address: Cosma Gallery Sp z oo, Monika Ziółek, Łokietka 49b / 14, 81-736, within 3 days of their being informed by Cosma Gallery about the receipt of the order. The work should be sent to the address in Sopot or any other address provided. Depending on bilateral arrangements, the works may be sent to Cosma Gallery earlier.
Cosma Gallery reserves the right to grant the customer of the shop a discount of up to 10% calculated on the final sale price without consulting the Committee. In such a case, the same (in percentage terms) discount will be included in the amount transferred to the Committee.
The Committee consents to the use of photos and images of the works for marketing purposes, as well as taking photos of the objects accepted for sale and their publication in the catalogue published in electronic and printed form.
Sales settlement
The Committee’s payment shall include the sale price of the work paid by the Client less the auction house’s commission, the amount of which will be 40% of the sale price.
Cosma Gallery’s fee referred to above will be deducted from the price of the artwork paid to the Committee. The fee is paid gross – it already includes the VAT due.
Payment by the Commissioner to the Committee is to be made no later than 45 days after the sale has been completed by receipt of funds to the Commissioner from the buyer.
The sale by the consignor will be confirmed by a VAT invoice.
The Committee is obliged to provide the current account number together with full data enabling the transfer of sold.
Failure to deliver the work sold / consequences of copyright infringement
In the event of: a) failure by the Committee to provide information on the prior sale of the work – in accordance with point 7 b) failure to deliver work within 3 days of a customer’s order being placed on the website – in accordance with point 8, Cosma Gallery Sp z o.o. the Committee shall be entitled to a contractual penalty in the amount of the agreed price for a given work on the Website. The penalty will be paid to the bank account of Cosma Gallery Sp z o.o. within 14 days from the date of receipt by the Committee of the request in this regard.
In the event of a breach by the Committee of the statements contained in point 6 above of this agreement, Cosma Gallery Sp z o.o. reserves the right to withdraw work from the Website.
In the event that, as a result of a failure by the Committee to fulfill the statements contained in point 6 above, Cosma Gallery Sp z o.o. will be forced to satisfy the claim submitted by the injured person, i.e. the person whose rights (in particular copyrights) have been infringed by the Committee, Cosma Gallery Sp z o.o. will be entitled to compensation from the Committee in the amount of the claim satisfied for the injured person increased by any costs directly related to this claim incurred by Cosma Gallery Sp z o.o. (e.g. penalties, legal aid costs, etc.).
End Buyer Withdrawal from the Contract
If the work or object is returned by the Client within 14 days, the transaction is considered void, and the relevant work shall be returned to the Agent within 7 days of its actual return to Cosma Gallery.
No receipt of work
In the event that the Client does not collect the work returned by the client (sent to the Committee by Cosma Gallery Sp. Z o.o.) and despite the additional request of the Artist (Committee agent) to collect such work personally, the ownership of the work is transferred to Cosma Galery Sp. z o.o. within 6 months of sending the summons for personal collection. .
Correspondence on cooperation
The Parties agree that the correspondence related to the cooperation will be directed to the following addresses: To the Committee: address entered on the Website upon registration Do Komisanta / Cosma Gallery Sp z o.o .: Cosma Gallery Sp. z o.o. Łokietka 49b / 14 81-736 Sopot Monika Ziółek info@cosmagallery.com or another provided by Cosma Gallery Sp z o.o. The parties undertake to immediately notify each other of changes to the above addresses.
Processing of personal data.
The Committee agrees to the processing of personal data in accordance with the Act of May 10, 2018 on the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation). The data administrator is Cosma Gallery Sp z o.o .. Contact with the administrator is possible on the phone number 660-468-137. The data will be used and processed for purposes related to commission sale. The data will be stored until any claims are time-barred. Personal data may be transferred to an external accounting company in order to fulfil obligations resulting from legal provisions. Each person has the right to request access to their personal data, rectification, deletion, limitation of processing and their transfer. Each person has the right to lodge a complaint with the supervisory body and withdraw consent at any time without affecting the lawfulness of the processing which was carried out on the basis of consent by its withdrawal.
Final Provisions
Any changes to this agreement should be made in writing.
In matters not regulated by this contract, the provisions of the Polish Civil Code shall apply.
Any disputes arising from this Agreement will be settled by the District Court with territorial jurisdiction.
