SYBARIS Art & Antiquities

SERVICE TERMS & CONDITIONS


The Terms Conditions of SYBARIS Art Antiquities (hereinafter: Terms) 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, or to conclude a purchase/sale agreement.

§ 1 SERVICE OPERATOR


The owner of the Service is NUMIZMATYCZNE CENTRUM AUKCYJNE NUMISION, GALERIA SZTUKI DAWNEJ SYBARIS, MARCIN RUDNICKI (hereinafter: SYBARIS), address: Al. Komisji Edukacji Narodowej 11, unit 12B, 02-797 Warsaw, NIP (Tax ID): 5251098967, REGON: 011024880, phone: 787 030 847, e-mail address: kontakt@sybaris.pl, 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 of age; 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. SYBARIS acts as an indirect representative acting on its own behalf but for the account of the principal entitled to dispose of the Object for sale to the Buyer, unless SYBARIS is the owner of the Object. Consequently, SYBARIS is not liable for any defaults of the Principal or the Buyer. SYBARIS guarantees the confidentiality of submitted offers and personal data of transaction participants conducted via the Service and public auctions. The Buyer is not entitled to be informed of the Principal’s identity, and the Buyer acknowledges that SYBARIS may receive a commission from the Principal for the sale. The sales results mean that the Principal and SYBARIS bear no liability to the Buyer or third parties, except as specified in the commission agreement with the Principal.

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 first name and last name,

3.2 address, which includes street, house/apartment number, postal code, city, country,

3.3 e-mail address,

3.4 contact phone number,

3.5 in the event of a request for a VAT invoice or a VAT margin invoice, the company name and NIP (Tax ID) number are also required,

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 paying the Price, SYBARIS may withdraw from the Sales Agreement after the unsuccessful expiry of an additional payment deadline. If SYBARIS exercises its right of withdrawal, SYBARIS may claim compensation from the buyer for lost profits, which include, among others, damage caused by non-payment of SYBARIS’s remuneration for brokerage services in 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 of the Object by the Buyer is possible after submitting correct AML Declarations, paying the full Price, and storage fees, if they are 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. To facilitate the Client and SYBARIS, and to ensure the fastest possible complaint resolution, it is recommended to submit complaints via e-mail to: kontakt@sybaris.pl. They should contain information regarding the circumstances and subject of the complaint, in particular the type and date of the defect; a request for how to bring the Object into conformity with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and the contact details of the complainant.


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 regarding the Client’s ability to use out-of-court complaint and claim resolution methods and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following internet addresses of the Office of Competition and Consumer Protection:
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. In accordance with 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 (Regulation on ODR for consumer disputes), the Service Provider, as an entrepreneur established in the Union concluding online sales contracts or service contracts, provides an electronic link to the ODR (Online Dispute Resolution) platform enabling out-of-court dispute resolution: http://ec.europa.eu/consumers/odr/. The Service Provider’s e-mail address: kontakt@sybaris.pl.


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 contractual template within the meaning of Article 384 § 1 of the Civil Code.
  2. SYBARIS does not provide permits for the export of Objects outside the borders of the Republic of Poland, nor any other type of transport. The Client should independently obtain information about the permits or fees required for this purpose and independently fulfill their obligations. SYBARIS is not responsible for other obligations incumbent on Clients arising from generally applicable legal provisions – the Act of July 23, 2003, on the protection of monuments and care for monuments (Journal of Laws of 2024, item 1292, as amended).
  3. All notifications addressed to SYBARIS should be in written or documentary form.
  4. Any amendment to these Terms requires documentary form, otherwise it shall be null and void.
  5. In matters not regulated by these Terms, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the provisions of the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, item 827, as amended); and other relevant provisions of generally applicable law.
  6. The Client’s personal data is processed by SYBARIS as the personal data controller. Providing personal data by the Client is voluntary but necessary for creating an Account, using specific Electronic Services, or concluding a Sales Agreement. Detailed information regarding personal data protection is contained in the “Privacy Policy” tab available on www.sybaris.pl. Both Client and Principal data of SYBARIS are subject to confidentiality.
  7. These Terms, Electronic Service Agreements, and Sales Agreements, and all non-contractual obligations arising from or related to them, are governed by Polish law.
  8. The recording, securing, and making available of the essential provisions of the concluded Electronic Service Agreement occurs by sending an e-mail to the e-mail address provided by the Client.
  9. The recording, securing, making available, and confirmation to the Client of the essential provisions of the concluded Sales Agreement occurs by sending the Client an e-mail confirming the conclusion of the Sales Agreement.
  10. SYBARIS informs that the use of Electronic Services involves typical risks associated with data transmission over the Internet, such as their dissemination, loss, or unauthorized access.
  11. SYBARIS provides technical and organizational measures appropriate to the degree of security risk of the functionalities or services provided under the Electronic Service Agreement.
  12. The Terms are made available to Clients free of charge on the website www.sybaris.pl, which allows them to familiarize themselves with its content, download it, and save it at any time.
  13. Provisions of the Terms that are less favorable to the Client, being a consumer within the meaning of the Consumer Rights Act, than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply in their place.