Terms and conditions.

This English translation is provided for convenience. The Polish version of the terms is binding.

These terms and conditions govern the use of the Kersten Gallery website and distance sales of works of art. They are available free of charge on this page and can be saved or printed.

§ 1. The Gallery

This website is operated by KERSTEN GALLERY, a limited liability company with its registered office in Kraków, ul. św. Jana 12, 31-018 Kraków, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for Kraków-Śródmieście in Kraków, XI Commercial Division of the National Court Register, under KRS number 0000949237, NIP 6762610585, REGON 521083652, with a share capital of 5000 zł (hereinafter: the Gallery).

Contact the Gallery: email kerstengallery@kerstengallery.com.pl, telephone +48 12 287 13 61 or +48 602 253 846, or use the address above.

§ 2. Definitions

Customer means a person who uses the website or purchases a work. Consumer means an individual who enters into a contract with the Gallery that is not directly related to their business or professional activity. The consumer rights described in § 6 and § 7 also apply to an individual running a business if the contract is not of a professional nature for that person. Work means an original work of art (a painting, sculpture or print) presented on the website.

§ 3. Website services

The Gallery provides the following services free of charge: browsing the collection and artist information; a list of favourite works saved in the Customer’s browser; an artwork enquiry form and a contact form; ordering an artwork via the ‘Buy now’ button, where the Gallery makes it available for that work; newsletter subscription; and previews of artworks in interiors and in augmented reality (AR).

To use the website, you need a device with internet access and an up-to-date browser with JavaScript enabled. The AR preview requires a compatible phone: an iPhone with Quick Look or an Android phone with ARCore.

The agreement for browsing the website lasts until you leave it. The agreement for handling an enquiry or message ends when a reply is provided. The newsletter is sent until you unsubscribe. You can do this at any time by clicking the link in an email or writing to the Gallery.

You must not submit unlawful content through the forms. Please send complaints about the website’s operation to kerstengallery@kerstengallery.com.pl. We respond within 14 days.

§ 4. Prices and information about works

The gallery provides the price of the artwork on request, in the gallery or when you place an order. Prices are in Polish złoty and include all applicable taxes. We confirm delivery costs before the contract is concluded.

Information about artworks on the website does not constitute an offer within the meaning of the Polish Civil Code, but an invitation to enter into a contract. Each work is an original unless its description states otherwise. Colours in photographs may differ slightly from the original depending on your screen. On request, we can send additional photographs or a video, or arrange a viewing at the Gallery.

§ 5. Purchasing a work

You can buy a work at the Gallery or by enquiry. If the Gallery provides a ‘Buy now’ button beside a work, you can also order it online under the terms set out below. At the Gallery, you can pay by cash or card.

Purchasing by enquiry. You can enquire about a work using the form on its page, by email, by phone or at the Gallery. An enquiry carries no obligation. In response, the Gallery confirms the work’s availability, price, delivery cost and timing, and payment method. At the Customer’s request, the work may be reserved for an agreed period.

The sales contract is concluded when the Gallery accepts the Customer's order. The Gallery confirms the contract by email, including its terms and the information required by law. Payment is made by bank transfer to the Gallery's account specified in the confirmation, or in person at the Gallery. The work is released for collection or dispatched once payment has cleared, unless otherwise agreed by the parties.

Online purchase (‘Buy now’). The Customer selects a delivery or collection method, provides the details needed to fulfil the order and accepts the terms and conditions. Before placing the order, the Customer sees the total price of the work, including delivery. The order is placed using the ‘Order with obligation to pay’ button and constitutes an offer to purchase the work.

After placing an order, you are taken to the payment page. Online payments are processed by Stripe Payments Europe, Limited, based in Dublin (Ireland). The payment page lists the available methods, such as card, BLIK or Przelewy24. You have 30 minutes to complete payment. The work is reserved for you during this time. If payment is not completed, the order expires and the work returns to the collection.

The sales contract is concluded when the Customer receives an email confirming acceptance of the order, sent by the Gallery once payment has cleared. The email contains the terms of the contract and the information required by law. If the Gallery cannot accept a paid order, for example because the work has been sold at the Gallery at the same time, it will notify the Customer promptly. The full payment will be refunded using the same payment method within 14 days.

Delivery. You can collect the work free of charge from the Gallery at ul. św. Jana 12 during opening hours, once payment has cleared. For online purchases, the Gallery sends works by insured courier within Poland, where this option is available for the order. The cost is shown before you place your order. We dispatch the work within 10 working days of payment clearing and agree the delivery date by phone. International shipping is arranged individually on request.

The gallery provides proof of purchase for each sale: a receipt or, if requested when ordering, an invoice. Each work comes with a Kersten Gallery certificate of authenticity.

§ 6. Withdrawal from a distance contract

A Consumer who has entered into a distance contract (without both parties being present at the same time, for example via the website, by email or by telephone) may withdraw from it without giving a reason within 14 days. This also applies to online purchases collected in person from the Gallery. The period begins on the day the Consumer, or a third party designated by them other than the carrier, takes possession of the work.

To withdraw from the contract, simply send the Gallery a clear statement before the deadline, for example by email to kerstengallery@kerstengallery.com.pl or by post to the Gallery’s address. You may use the model form at the end of the terms and conditions, but this is not compulsory.

The Gallery refunds all payments received, including the cost of delivering the artwork, without delay and no later than 14 days after receiving the notice of withdrawal. This excludes any additional costs of a delivery method chosen over the least expensive standard option offered by the Gallery. The refund is made using the same payment method used by the Consumer, unless the Consumer agrees to another method that incurs no fees. The Gallery may withhold the refund until it receives the artwork back or proof that it has been sent back, whichever occurs first.

The consumer must send back or deliver the work without delay, no later than 14 days after withdrawing from the contract, and bear the direct costs of returning it. The work may also be returned in person to the gallery free of charge. If the work cannot be returned by ordinary post because of its dimensions or nature, the estimated return cost is equivalent to the insured courier delivery cost stated at the time of ordering. Please pack the work so that it is not damaged in transit. We are happy to advise on returning it safely. The consumer is liable for any reduction in the work’s value resulting from handling beyond what is necessary to establish its nature and characteristics.

The right of withdrawal does not apply to an artwork made to the Consumer’s specifications or tailored to their individual needs, or to a contract concluded at the Gallery.

§ 7. Complaints

The Gallery is liable to the Consumer for the artwork’s conformity with the contract under the Consumer Rights Act, and to other Customers under the Civil Code. You may submit a complaint by email to kerstengallery@kerstengallery.com.pl or in writing to the Gallery’s address. Please describe the issue and include photographs where possible. We respond within 14 days. If the Gallery does not respond to the Consumer within this period, the complaint is deemed accepted.

§ 8. Out-of-court dispute resolution

Consumers may use out-of-court procedures to resolve complaints and pursue claims. These include applying to a permanent consumer arbitration court or requesting mediation from the regional inspector of the Trade Inspection Authority. Free assistance is also available from a municipal or district consumer ombudsman. Information and addresses are available at prawakonsumenta.uokik.gov.pl.

§ 9. Personal data

How we process personal data is explained in our Privacy Policy.

§ 10. Final provisions

Matters not covered by these terms are governed by Polish law, in particular the Civil Code and the Consumer Rights Act. These terms do not restrict the Consumer's rights under mandatory provisions of law. The Gallery may amend these terms for valid reasons, such as changes in legislation. Contracts concluded before an amendment remain subject to the previous version of the terms. This version takes effect on 29 September 2026.

Model withdrawal form

Complete and return this form only if you wish to withdraw from the contract.