1. Definitions:

Quaggaart Gallery – internet service enabling listing online auctions; the brand and its content belong to Quaggaart Gallery. Every time the Quaggaart Gallery is mentioned in this text, it should be clear that it also refers to Quaggaart Gallery.

User = An artist/group of artists – private person, corporate body or an organizational unit that does not have legal status and after having registered gains the access to the services offered by Quaggaart Gallery. The user takes part in auctions both as a seller and a buyer; the user must be an adult.
Auction – is a process of listing items for sale; the items may be sold either by bidding or by making an immediate purchase.
Work of art/culture/item – is a service, thing or facility listed for sale, which can be done by bidding/making immediate purchase. The subjects of sale in Quaggaart Gallery are either items made by a seller himself/herself or these made by a group of sellers.
Account – is a user’s profile, which is created by the operational system of the auction; it contains personal and contact data of the user along with his/her portfolio.
Feedback – is a written form of a report of the post-auction process; it especially concerns shipment and the item’s compatibility with the description.
Post-auction Process – are the actions performed by both sides (buyer and seller) after the end of auction. It includes shipment of the item (seller) and fulfillment of requirements concerning the method of payment (buyer).
Description of an auction – is a portrayal containing description of the item, rules of shipment and forms of payment in both: the mother tongue of the selling artist and in English..
2. Types of auctions:
2.1. There are a few types of transactions (called auctions) performed by Quaggaart Gallery. Types of transactions are defined as: regular one-subject auction, one-subject auction with a buy now option, only buy now one-subject auction, normal multi-subject auction, multi-subject auction with the “buy now” option.

3. Terms of participation:
3.1. User = is an artist or a group of artists who gain(s) access to the services offered by Quaggaart Gallery after having completed the registration procedure. The user takes part in auctions both as a seller and a buyer; the user must be an adult and must have an e-mail account.
3.2. The only subjects which may be sold on the Quaggaart Gallery auction are the items and services that have been legalized by Polish law and the Gallery’s regulations.
3.3. All the actions that might impede or destabilize work of Quaggaart Gallery are unacceptable.

4. Registration:
4.1. Quaggaart Gallery user is registered after completing the the registration form on this page: Quaggaart Gallery.
4.2. The user is obliged to update his personal data as soon as they are modified. It is forbidden to the user to remove any data from the registration form while using services of Quaggaart Gallery.
4.3. By completing the registration form the user agrees for his personal data information to be collected and processed by Quaggaart Gallery in accordance with Privacy Protection Policy, discussed further in these regulations, Personal Data Protection Act from August.29.1997 and Act Of Electronic Service Providing from July.18.2002 with its further changes. All the information given in the form is used by Quaggaart Gallery in order to enter into contact with users, so that the content of the service could be properly adjusted.
4.4. The user is able to modify his/her personal data via the websites of Quaggaart Gallery. The user may demand to remove his data from the database. Quaggaart Gallery may refuse to remove personal data in legally justified cases.
4.5. Quaggaart Gallery may collect data concerning popularity and appliance of the particular services offered by the gallery. These data will be revealed only to individuals or to groups.
4.6 It is forbidden to use other users’ accounts or to give the access to one’s personal account to others – it doesn’t concern artistic groups.
4.7. Each user commits himself/herself not to reveal (for the purposes not connected with initiating and finalizing transactions within Quaggaart Gallery) any information about other users, which are gained by using Quaggaart Gallery or received from the gallery or other user – including i.e. use of e-mail address for spamming or persecution.
4. 8. All the accounts which are unused for longer than 12 months (since last logging) can be removed. The user will be informed about the removal 2 weeks before deadline.
4.9. An account may be blocked (temporarily or permanently) if any rules from these regulations are broken
4.10. A contract with Quaggaart Gallery may be cancelled at any time in accordance with the procedure described on our website. The contract is cancelled immediately, however, all the offers made before the cancellation are still binding. The contract may also be cancelled on the basis of Quaggaart Gallery’s decision

5. Sale in Quaggaart Gallery
5.1. The buyer is obliged to obey the conditions of sale which are set by the seller.
5.1.1. Each form of activity of the buyer and/or seller expressed in taking part in bidding obliges to fulfill a particular accomplishment.
5.1.2. Each auction may be verified by the admin in compliance with Gallery’s regulations and with Polish and European law.
5.1.3. Each bidding made from the user’s account and each participation in auction is legally binding and cannot be withdrawn by the user.
5.1.4. The user when making an offer, should be aware of consequences which will follow in accordance with these regulations and with Polish and European law.
5.2. The auction ends when the time period runs out, when the “buy now” option has been used or on the basis of seller’s decision.
5.2.1. The winning bid in the one-subject auction is the one of the highest value (in auctions with minimal price the pre-determined price has to be reached). In multi-subject auction the winning bids are the bids of the highest value which stay in agreement with the number of listed items. All the bids made for the auction are binding until the end of the auction or the seller’s deletion of the auction (acceptable reasons: bidder’s request, lack of contact with the bidder, great number of negative comments or other justified reasons; theft or any damage of the item).
5.2.3. The contract is in force from the end of the auction. It doesn’t concern the multi-subject auction with the “buy now” option (even if the auction is still running).
5.2.4. Seller and buyer should get in touch within 7 days from the end of the auction. The contract may be cancelled if there is no answer from the contractor.
5.3. It is forbidden to list more than three pieces of the same item in different auctions neither in the same nor in other category. It is unacceptable to list one item in a few similar auctions. It is forbidden to sell or buy items presented in Quaggaart Gallery on any other auctions.
5.4. You may suggest any new category to the admin of Quaggaart Gallery. Such a suggestion should be substantiated. Quaggaart Gallery may refuse to implement a new category without giving any reasons.
5.4.1. An auction should be listed in the category that best suits the item. If the item is placed in an improper category, the user will be informed about this fact via e-mail. If the correct modification is not done within 2 days, the listing may be removed by the admin.
5.5. Prices of items are the gross ones, which mean that they include the VAT tax (in the cases where it is necessary).
5.5.1. Quaggaart Gallery The buyer is obliged to discharge the payment for the purchased item within 7 days from making the offer via Quaggaart Gallery service. In justified cases the buyer should contact Quaggaart Gallery.
5.6. Legitimacy of auction
5.6.1. By listing items or services for sale, the seller confirms that he/she is authorized to pass the title deed to the items or services purchased via the Gallery. Quaggaart Gallery is obliged to notify police of any suspicions that offered items are illegally possessed or that the user commits crimes pursued by law.
5.7. Prohibited items
5.7.1. It is prohibited to offer items or services that cannot be sold without breaking Polish and European law or third party rights. What is more, it is forbidden to list works/items that may be regarded as obscene, abusive or misleading.
5.7.2. It is strictly forbidden to list items trading of which is carefully regulated and controlled in Poland or EU (i.e. weapon, drugs etc.).
5.7.3. If any of the bans mentioned above are not obeyed, Quaggaart Gallery may remove the listing. Quaggaart Gallery classifies the items in relation to the list of prohibited item’s list.
5.7.4. The seller is responsible for veracity of declaration. Sellers are responsible for offered artistic/cultural works and items. False declaration may subject the seller to criminal responsibility. The seller-artist is responsible for listing items that mismatch Polish/European law or morals.

6. Responsibility
6.1. Quaggaart Gallery is not responsible for quality, safety and legal status of items/works of art or services sold on auctions. It is also not responsible for relevance of description, for the sellers’ rights to list the items and for the solvency of buyers. Quaggaart Gallery, its representatives, admins and staff are not responsible for any transaction made via Gallery, including demands concerning listed items and services, incompatibility between items and descriptions or value of offered prices.
6.2. The users are fully responsible for items listed for sale in Quaggaart Gallery.
6.3. Quaggaart Gallery supervises correctness of financial transactions connected with sale and in justified cases such transactions may not be completed.
6.4. Items or services are listed for sale by the users. Quaggaart Gallery is not a party of auctions it only offers technical means required to list auctions. Quaggaart Gallery does not check all the items and services offered on auctions but it is permitted to remove any auctions that does not stay in agreement with these regulations or with binding law.
6.5. Quaggaart Gallery has right to remove any auction that has got negative influence on website’s image.
6.6. All the conflicts, in which the owner of the service is a party, will be judged by Polish courts.

7. Payments and provisions
7.1. Services offered by Quaggaart Gallery are payable.
7.2. The role of Quaggaart Gallery in transactions is limited to being an agent and provider of technical solutions.
7.3. Quaggaart Gallery accepts payments to the account registered in mBank,  Bankowość Detaliczna BRE Bank SA. . Quaggaart and gets 30%-provision from the money transferred into the Gallery’s account by the buyer. Quaggaart Gallery is obliged to transfer the rest of payment to the seller’s account (given by the seller) via bank transfer within the first week of the month coming after the date of shipping.

8. Feedback
8.1. All the users can provide feedback as sellers or buyers. It enables users to express their opinion about a particular work of art or about the transaction. Opinions have to be accurate, honest and may not contain anything that does not stay in agreement with regulations.
8.2. It is forbidden to undertake any actions that may result in false improvement of seller’s liability.
8.3. It is forbidden to exchange feedbackss between the owners of related accounts (i.e. accounts of family members) as we aim to ensure neutrality of users’ comments.
8.4. The buyer is obliged to provide a commentary about the seller.

9. Sellers’ duties
9.1. The seller is obliged to ensure accuracy while listing works of art/culture/items for sale. Each item has to be carefully described in seller’s mother tongue and in English (at least in a communicative way – as for English). Every listing should contain a picture, description or should be properly displayed as a file. The seller is fully responsible for any errors or inaccuracies in such description. The description has to be complete, accurate and mustn’t be misleading.
9.1.1. Besides, the description must not be used as an advert and/or a way of promoting items or organizing competitions. It is also forbidden to suggest communication of the users beyond the Gallery’s service in order to finalize transactions elswhere.
9.1.2. Subject of bidding can’t be described ambiguously. The order and the date of bidding mustn’t influence the change of the subject of bidding and the total value of the transaction.
9.1.3. It is forbidden to use in the title of auction any key words that suggest an attempt to manipulate searching results.
9.1.4. Each work of art should be displayed in such a form that seems the most accurate according to its character, i.e. as a text, audio, video file or as an image.
Acceptable sizes of files:
Text file: 5MB
Audio file: 5MB
Video file: 5MB
Image: 500kB
9.2. When listing an item the seller must possess the item and must be able to send it to the buyer (after having been informed by Quaggaart Gallery about the way of passing the payment) -to the address given by the gallery or by the buyer. Shipping costs must be given in the description and covered by the buyer.
9.3. Quaggaart Gallery does not forbid the artists to present their works in other galleries. The only stipulation is that if an artist wants sell a piece, the Gallery has priority.
9. 4. The seller is obliged to make every efforts to finalize transaction.
9.5. The seller is obliged to send the item within 2 working days from getting information about the payment from Quaggaart Gallery (via e-mail). The seller is obliged to make the shipment as soon as possible.
9.6. If the buyer lodges a complaint about the item, the seller will be informed about it by Quaggaart Gallery. The seller is obliged to send the item again (the subject of complaint) within 21 days from receiving the item ,it must be done at his/her own expense via priority mail. The payment will not be passed to artist’s account until the complaint is not considered positive.
9.7. The user mustn’t bid for the items in his own auctions. It concerns offers from both the user’s account and from the accounts of other users. The user mustn’t trump his offers in other users’ auctions by using different accounts
9.8. All the arbitrary conditions concerning the subject of a particular auction, agreed between the seller and the buyer, are defined in a written or other form by the seller. The seller is obliged to notify about them all the users who make offers. Arbitrary conditions mustn’t break the rules of these regulations or Polish law.
9.9. At one time the user may list no more that 10 one- or multi-subject auctions of similar (the same) items.
9.10. Description of subjects:
9.10.1. Programming language can’t be used to: automatically direct to other page (also within Quaggaart Gallery) while item’s description is shown; block, cover or double permanent elements of the page with description; automatically open new window of a browser (so called pop-up); open dialogue boxes while the page with item’s description is shown or while trying to leave this page; read-in new pages (internal and external); read and generate cookie files; influence/block/interrupt the process of making offers in any other way.
9.10.2. It is forbidden to suggest sending the following files by e-mail: electronic publications, graphics, audio, video files etc. It is permitted to send these files on recordable carriers such as CD-R. Description of the item has to contain detailed information about the type of delivery.
9.11. Quaggaart Gallery has right to suspend the account of the user who breaks any of the rules stated in these regulation; especially, as a result of selling goods beyond the auction, spamming, advertising competitive services and using abusive vocabulary. Quaggaart Gallery has right to suspend the account of the user whose actions will be found maleficent for the gallery.

10. Portfolio – a so called page about me
10.1. Every user has the possibility to create his/her own portfolio, which is the page “about me”. The aim of this option is to place some information about a particular artist or a group of artists. Within your portfolio the following data can be placed: i.e. contact data, or a link to you website . However, neither the form nor the web’s context may encourage making purchase beyond the Gallery or breaking any of the regulations.
10.2. It is desired that the portfolio should be created both in the mother tongue of the artist and in English; as our service is international.
10.3. Quaggaart Gallery has right to remove the portfolio if it does not stay in agreement with these regulations or if it spoils the service’s image.

11. Individual ownership of Quaggaart Gallery
11.1. The user accepts that copyrights, brand marks, users’ accounts and the rest of the intellectual ownership connected with services offered by Quaggaart Gallery, belong to X. It is forbidden to use the individual ownership or services of X for any actions that are not strictly connected with the aims of sale defined therein.

12. Changes in the regulations.
12.1. Quaggaart Gallery has right to change the content of these regulations and to implement a new version of services offered by the gallery. Having logged in, each user will be informed about such changes. If new regulations are not accepted, the contract between Quaggaart Gallery and the user will be cancelled. However, all the auctions which have already been listed up, will be carried on in accordance with the old rules.
12.2. If one of these regulations is considered, in compliance with a legal decision, invalid or impossible to fulfill, the rest of regulations will still be in force.

13. Privacy protection policy
13.1. X as a data administrator is obliged to take care of the data that were made available for it. The data are protected from the access of unauthorized persons.
13.2. In compliance with Personal Data Protection Act from August.29.2997 you have right to modify your personal data or to demand to remove them from the service (all the conditions have been defined by the regulations).
13.3. Information about personal data may be passed to authorized public units and in the case of not paying the fees to Quaggaart Gallery subjects conducting its procedures of execution.
13.4. The collection of personal data has been passed to the Inspector General for the Protection of Personal Data (currently we are waiting for the number awarding). We are allowed to collect data from the moment of application. Quaggaart Gallery renders the data accessible only for the purposes of a given transaction. In such cases, data are sent to the user via e-mail. In some cases, Quaggaart Gallery may render such data accessible for third parties for the purposes of copyrights protection; however, a written request or an appropriate contract with Quaggaart Gallery is required. A person, company or institution that submits such an application is obliged to prove the copyrights of the item. The condition is that must be some suspicions that such rights have been broken. The users may remove their personal data from the service in accordance with the described procedure. Electronic mail directed to Quaggaart Gallery is archived and in some cases, may serve as evidence.