SYBARIS Art & Antiquities

SERVICE TERMS & CONDITIONS

These Terms & Conditions of Sybaris These Terms & Conditions of Sybaris Art & Antiquities (hereinafter: SYBARIS) form an integral part of purchase/sale agreements for works of art, antiques, and collectibles offered for stationary sale via the SYBARIS Service as well as within public auctions. Acceptance of these Terms is voluntary but necessary in order to register on the Service, to receive electronic services and/or to conclude a purchase/sale agreement. (hereinafter: SYBARIS) form an integral part of purchase/sale agreements for works of art, antiques, and collectibles offered for stationary sale via the SYBARIS Service as well as within public auctions. Acceptance of these Terms is voluntary but necessary in order to register on the Service, to receive electronic services and/or to conclude a purchase/sale agreement.

§ 1 SERVICE OPERATOR

The owner of the Service is Galeria Sztuki Dawnej SYBARIS Marcin Rudnicki, address: Al. Komisji Edukacji Narodowej 11, unit 12B, 02-797 Warsaw, NIP (Tax ID): 5251098967, REGON: 011024880, phone: +48 787 030 847, e-mail: sybaris.antiqart@gmail.com, owner of the website and domain www.sybaris.pl.

§ 2 DEFINITIONS

The capitalized terms below have the following meanings:

  1. CLIENT – a natural person with full legal capacity and/or at least 18 years old; a legal person; or an organizational unit without legal personality to which the law grants legal capacity; with whom a Sales Agreement has been concluded or who uses Electronic Services.
  2. CIVIL CODE – the Polish Civil Code of 23 April 1964 (consolidated text: Journal of Laws 2019, item 1145, as amended).
  3. ACCOUNT – an Electronic Service designated by an individual name (Login) and Password provided by the Client, being a set of resources in SYBARIS’s ICT system, within which the Client may use the Service functionalities indicated in these Terms.
  4. OBJECT – a movable item or a set of movable items offered for sale on the Service and constituting the subject of a Sales Agreement between the Client and SYBARIS.
  5. OBJECT DESCRIPTION – the description posted on the Service containing essential technical and substantive information identifying a given Object.
    Technical information includes the material the Object is made of, the artistic technique, and its dimensions (for easel paintings, the dimensions stated in the Catalogue – height x width – are the dimensions of the painting itself, excluding the frame, unless stated otherwise; for works on paper framed under glass, the dimensions provided are the sight size of the passe-partout or frame; for unframed works on paper, the sheet size or the size of the composition, impression, or plate mark is given. For three-dimensional Objects, typically three dimensions are provided – height x width x depth – though a single key metric may be given, e.g., sculpture height, chain length, plate diameter). Upon request, SYBARIS may provide exact dimensions including additional elements (e.g., framed painting, sculpture on a plinth) or the approximate weight of the Object.
    Substantive information includes: attribution (authorship or presumed authorship). Presumption or doubts about authorship may be marked in the Catalogue as follows: no life dates after the artist’s name; the artist’s surname preceded only by an initial; a question mark with or without brackets – “?” or “(?)” – after the artist’s name; the terms “przypisywany/e/a”, “Attributed” or the abbreviation “Attrib.” placed before or after the artist’s name. The Service may also attribute the Object to a broader stylistic circle of an artist, in which case terms such as “circle”, “school”, or “follower” are used, placed before or after the artist’s name; the term “after” indicates that another artist imitated or reproduced a composition of a more renowned master. The description may include information about the manufacturer or maker, the designer, and the time of creation (exact or approximate, expressed by year, year ranges, century or part of a century, e.g., early/late/mid-century, 1st/2nd half, specific quarter or decade; it may also use conventional historical/cultural period labels such as “interwar period”, “Duchy of Warsaw”). For a single year, qualifiers such as “circa” (“ok.”), “before” or “after” may appear. Two years separated by “/” may appear for reproducible Objects (e.g., photographs, prints, editions, casts), meaning the first date refers to the negative, design, mould, matrix or concept, and the second to the execution of a specific copy, cast or impression. The dating is made in good faith and to the best knowledge of SYBARIS specialists; for older artworks and historical items, precise dating may not always be possible; in case of doubt, SYBARIS adopts a more conservative dating (i.e., assumes a later date). Information about signatures, inscriptions, and maker’s marks may be included. The Object Description may, but need not, include all of the above. It may be supplemented by photographs and a condition note. The condition note is not a full conservation report. Information posted in the Service on provenance, exhibitions, literature, and opinions supplement the description but do not constitute the Object Description itself. The Object Description may, but need not, include all of the above. It may be supplemented by photographs and a condition note. The condition note is not a full conservation report. Information posted in the Service on provenance, exhibitions, literature, and opinions supplement the description but do not constitute the Object Description itself.
  6. AML STATEMENTS – a set of written statements obtained from Clients in order to fulfill SYBARIS’s obligations under the Act of 1 March 2018 on Counteracting Money Laundering and Financing of Terrorism (consolidated text: Journal of Laws 2021, item 1132, as amended).
  7. SERVICE – the electronic platform operated and administered by SYBARIS enabling online purchases by the Client and the provision of services made available by SYBARIS, consisting of interconnected web pages and a mobile application, available at www.sybaris.pl.
  8. SALES AGREEMENT – an agreement concluded between SYBARIS and the Client under which SYBARIS sells the Object for the agreed Price. Each Object is the subject of a separate Sales Agreement.
  9. ORDER – the monetary value expressed in Polish zloty constituting the offer by the Buyer (Client) to acquire an Object offered on the Service.

§ 3 TERMS FOR USING THE SERVICE

  1. 1. SYBARIS acts as an indirect commission agent acting in its own name but on behalf of the consignor entitled to dispose of the Object for sale to the Buyer, unless SYBARIS is the owner of the Object. Accordingly, SYBARIS shall not be liable for any defaults of the Consignor or the Buyer. SYBARIS guarantees the confidentiality of bids and personal data of participants in transactions conducted through the Service and public auctions. The Buyer has no right to disclosure of the Consignor’s identity, and acknowledges that SYBARIS may receive a commission from the Consignor for the sale. Sales results entail that the Consignor and SYBARIS bear no liability towards the Buyer or third parties, except as specified in the commission agreement with the Consignor.

2. A condition for purchasing via the Service is the Buyer’s full and unreserved acceptance of these Terms and— for new Clients—completion of registration.


3. Client registration includes providing the required information by completing the registration form provided by SYBARIS, submitting AML Statements, and presenting a valid identity document—SYBARIS notes that under the Act of 1 March 2018 on Counteracting Money Laundering and Financing of Terrorism, it is also authorized to copy Clients’ identity documents. The Bidder must provide the following data in the form:


3.1. 3.1. first name and surname,
3.2. address (street, house/flat number, postal code, city/town, country),
3.3. e-mail address,
3.4. contact phone number,
3.5. if requesting a VAT invoice or VAT-margin invoice: company name and Tax number,
3.6. PESEL number or series and number of a valid identity document (e.g., ID card or passport),
3.7. country of tax residence.


4. SYBARIS reserves the right, at its sole discretion, to refuse registration to any person—particularly in the case of outstanding amounts from previous purchases—and to condition registration on the delivery of additional documents confirming the identity or creditworthiness of the person applying for registration.

§ 4 TERMS OF SALES AGREEMENTS

1. The Buyer (Client) is obliged to pay the full Price within 7 days from the Purchase Date. In case of delay, SYBARIS may charge statutory interest for late payment.


2. Payment must be made in Polish zloty and may be effected by:
2.1. cash (no maximum limit) if payment is made by a consumer within the meaning of the Consumer Rights Act;
2.2. cash up to PLN 15,000 gross if payment is not made by a consumer within the meaning of the Consumer Rights Act;
2.3. bank transfer to mBank S.A. account 17 1140 2004 0000 3402 8191 4162, SWIFT: BREXPLPWMBK. The transfer title should include the name and number of the purchased Object.


3. At the Client’s special request and with SYBARIS’s consent, payment may be made in EUR (mBank S.A. 88 1140 2004 0000 3512 1124 9853, SWIFT: BREXPLPWMBK) or USD (mBank S.A. 40 1140 2004 0000 3112 1124 9846, SWIFT: BREXPLPWMBK). The value of such a transaction will be increased by a 1% handling fee. Currency conversion is based on mBank S.A.’s daily buy rate for the day preceding the purchase.


4. Title to the Object subject to the Sales Agreement shall not pass to the Client until SYBARIS receives full payment of the Price.


5. SYBARIS is not obliged to deliver the Object to the Client until title passes to the Client. Any earlier release of the Object does not constitute transfer of title nor release the Client from the obligation to pay the Price.


6. In the event of the Client’s delay in payment, SYBARIS may withdraw from the Sales Agreement after the ineffective expiration of an additional deadline set for payment. If SYBARIS exercises the right of withdrawal, it may seek damages for lost profits, including loss of SYBARIS’s remuneration for intermediary services related to concluding the Sales Agreement.


7. SYBARIS also reserves the right to withdraw from the Sales Agreement if the Client fails to submit AML Statements or submits false AML Statements, after an additional deadline for submission or correction expires without effect.


8. Any amendments to the Sales Agreement require written form under pain of nullity, except for termination by mutual agreement, which requires paper form under pain of nullity.


9. Withdrawal from the Sales Agreement requires paper form under pain of nullity.

§ 5 COLLECTION OF OBJECTS

1. Collection by the Buyer is possible after submitting valid AML Statements, paying the full Price and any storage fees, if due and payable.


2. Collection at SYBARIS’s premises is free of charge.


3. SYBARIS does not cover the costs of transport of Objects to the Client.


4. SYBARIS provides basic packaging free of charge.


5. Unless agreed otherwise, collection takes place at SYBARIS’s premises after prior contact. Release of the Object requires presenting the Client’s identity document; in the case of collection by a third party, a written authorization from the Client and AML Statements from the authorized person are required. SYBARIS notes that under the Act of 1 March 2018 on Counteracting Money Laundering and Financing of Terrorism, it is also authorized to copy identity documents of persons collecting Objects.


6. The Client is obliged to collect the Object within 30 days from the purchase date.


7. After the period specified in item 6, the Object will be placed in paid storage (deposit) with SYBARIS at the Client’s expense.

§ 6 COMPLAINTS ABOUT OBJECTS & OUT-OF-COURT DISPUTE RESOLUTION

1. The basis and scope of SYBARIS’s liability towards the Client if the sold Object has a physical or legal defect (statutory warranty) are set out in the Civil Code, in particular Articles 556 et seq., and for Clients who are Consumers in the Consumer Rights Act; however, due to the specific nature of the Objects offered (antiques, artworks, etc.), replacement of a defective item with a defect-free one is impossible.


2. SYBARIS provides reliable descriptions of each available Object. Descriptions are prepared in good faith using the experience and expertise of our staff and cooperating experts. Despite the care devoted to each Object during research, provenance documentation, exhibition history and bibliography, the information presented may not be exhaustive or indicate every minor damage. Objects offered by SYBARIS are generally age-old items which, by their nature, do not have the qualities of brand-new goods.


3. SYBARIS is liable under the statutory warranty if a physical defect is discovered within two years from the date the Object is handed over to the Client.


4. A complaint may be submitted by the Client in any form.


5. For the convenience of both the Client and SYBARIS and to expedite processing, it is recommended to submit complaints by e-mail to sybaris.antiqart@gmail.com. Complaints should include: circumstances and subject of the complaint, in particular the type and date of the defect; the requested remedy (bringing the Object into conformity with the Sales Agreement, price reduction, or withdrawal); and the complainant’s contact details.


6. Failure to include the information listed in item 5 does not affect the effectiveness of a complaint.

7. If a complaint cannot be considered without examining the Object, SYBARIS will contact the Client to arrange delivery of the Object to SYBARIS—the Client is then obliged to deliver the Object at SYBARIS’s cost. If, due to the type of defect or the nature of the Object (e.g., size), delivery by the Client would be impossible or excessively difficult, the Client may be asked to make the Object available to SYBARIS, after arranging a date, at the place where the Object is located.


8. If the sold Object has a defect, the Client may—subject to and under the rules of the Civil Code—submit a statement on price reduction or withdrawal from the Sales Agreement, unless SYBARIS promptly and without excessive inconvenience to the Client removes the defect. The reduced Price should be in the same proportion as the value of the defective Object to the value of a defect-free Object. The Client may not withdraw if the defect is insignificant.


9. SYBARIS will respond to a complaint promptly, no later than 14 days from the date of receipt; if examination of the Object is necessary, within 14 days from the date the Object is delivered to SYBARIS, with information about the need for delivery being provided within 14 days of the complaint.


10. The use of out-of-court complaint handling and dispute resolution is voluntary. The following information is for reference only and does not constitute an obligation for SYBARIS to use such methods. SYBARIS’s statement of consent or refusal to participate in consumer dispute resolution proceedings is made in writing or on another durable medium if the dispute remains unresolved following the Client’s complaint.


11. Detailed information on out-of-court complaint handling and redress, and access to these procedures, is available at the offices and websites of county (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection, and at the following addresses of the Office of Competition and Consumer Protection (UOKiK):
http://www.uokik.gov.pl/spory_konsumenckie.php;
http://www.uokik.gov.pl/sprawy_indywidualne.php;
http://www.uokik.gov.pl/wazne_adresy.php


12. Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (ODR Regulation), the Service Provider, as a trader established in the EU concluding online sales or service contracts, provides an electronic link to the ODR platform enabling out-of-court dispute resolution: http://ec.europa.eu/consumers/odr/. Service Provider’s e-mail: sybaris.antiqart@gmail.com.


14. SYBARIS informs that, pursuant to Article 38(11) of the Consumer Rights Act, Clients do not have the right to withdraw from a Sales Agreement concluded off-premises or at a distance.

§ 7 CONFIDENTIALITY & PERSONAL DATA PROTECTION

1. In respect for the privacy of Clients and Bidders, SYBARIS has taken the necessary technical and organizational measures to ensure that the processing of Clients’ personal data complies with applicable legal regulations, in particular the principles set out in the GDPR and the Act of 10 May 2018 on Personal Data Protection (consolidated text: Journal of Laws 2019, item 1781). Details regarding the protection of Users’ personal data and GDPR are provided in a separate tab – “Privacy Policy.”

§ 8 FINAL PROVISIONS

1. These Terms constitute a standard form contract within the meaning of Article 384 § 1 of the Civil Code.


2. SYBARIS does not provide permits for the export of Objects outside the territory of the Republic of Poland, nor any other forms of transport. The Client should independently obtain information on required permits or fees and perform the obligations incumbent on them. SYBARIS bears no responsibility for other obligations imposed on Clients by generally applicable law—Act of 23 July 2003 on the Protection of Monuments and Care of Monuments (consolidated text: Journal of Laws 2024, item 1292).


4. Any notices addressed to SYBARIS should be made in written or documentary form.


5. Amendments to the Terms require documentary form under pain of nullity.


6. For matters not covered by these Terms, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827, as amended); and other relevant generally applicable laws.


7. The Client’s personal data are processed by SYBARIS as the data controller. Providing personal data by the Client is voluntary but necessary to create an Account, use certain Electronic Services, or conclude a Sales Agreement. Detailed information on personal data protection is provided in the “Privacy Policy” available at www.sybaris.pl. The data of both Clients and consignors of SYBARIS are confidential.


8. These Terms, the Electronic Services Agreements, the Sales Agreements and all non-contractual obligations arising from or related to them are governed by Polish law.


9. Recording, safeguarding and making available the essential provisions of the concluded Electronic Services Agreement is effected by sending an e-mail to the Client’s e-mail address.


10. Recording, safeguarding, making available and confirming to the Client the essential provisions of the concluded Sales Agreement is effected by sending the Client an e-mail confirming the conclusion of the Sales Agreement.


11. SYBARIS informs that the use of Electronic Services involves typical risks associated with data transmission over the Internet, such as dissemination, loss or access by unauthorized persons.


12. SYBARIS provides technical and organizational measures appropriate to the level of security risk of the functionalities or services provided under the Electronic Services Agreement.


The content of the Terms is available to Clients free of charge at: https://sybaris.pl/regulamin-serwisu/, where Clients can view it at any time and print a copy.

15. Provisions of these Terms that are less favorable to a Client who is a consumer within the meaning of the Consumer Rights Act than the provisions of that Act are invalid, and the relevant provisions of the Consumer Rights Act shall apply in their place.