Prices are stated in euros unless the accepted Order says otherwise. For Consumers, the total price will be stated inclusive of applicable VAT and mandatory charges before the contract is formed. For business Collectors, prices may be stated exclusive of VAT where clearly indicated. Qualifying original artworks supplied in the Spanish VAT territory by Wiktoria Maria Florek Maceluch as their author are invoiced at the reduced Spanish VAT rate of 10%, subject to Article 91 of Law 37/1992 and the statutory definition of an artwork. Services, mixed supplies, supplies by another contracting entity and supplies outside that territorial treatment may be subject to a different rate, exemption, reverse charge or destination-country rules. The invoice will show the treatment legally applicable at the tax point.

Intra-EU business customers must provide a valid VAT number and any evidence reasonably required for reverse-charge or exempt treatment. Exports and other zero-rated or exempt supplies are conditional on legal requirements and documentary proof. If information provided by the Collector is inaccurate or tax becomes payable, the Collector remains responsible for amounts lawfully due, without prejudice to mandatory consumer price protections.

Purchase of an Artwork transfers ownership only of the physical Artwork. All copyright, intellectual-property rights, moral rights and reproduction rights in the Artwork remain with the artist, Wiktoria Florek, unless expressly transferred under a separate written agreement.

The purchaser may privately own, display and resell the physical Artwork. Purchase does not grant the purchaser any right to reproduce, copy, modify, adapt, publish, distribute, create derivative works from, manufacture merchandise from, commercially exploit or otherwise use the Artwork or images of it without the artist’s prior written permission, except where permitted by mandatory law.

The artist may continue to photograph, document, publish, exhibit and use images of the Artwork for archival, editorial, portfolio, exhibition, publicity and promotional purposes, subject to applicable privacy rights. Ownership of the physical Artwork does not transfer ownership of the photographs or other images created by or for the artist.

Any qualifying resale of the Artwork is subject to the artist’s statutory resale right (droit de suite / derecho de participación) and to the royalty rates and procedures established by the law applicable to that resale. Where Spanish law applies, this right arises for qualifying resales with a sale price of at least €800, excluding taxes, where an art-market professional—such as a gallery, auction house or art dealer—participates as seller, purchaser or intermediary.

The purchaser must not represent that copyright is transferred with the Artwork. When reselling or transferring the Artwork, the purchaser should provide the Certificate of Authenticity to the subsequent owner and inform any participating art-market professional of the identity of the artist and the potential application of the artist’s resale right.

Where a resale is not subject to the statutory Artist’s Resale Right because no art-market professional participates, the purchaser agrees to notify the Artist in writing before completing the resale and to pay the Artist a contractual resale royalty equal to 5% of the resale price, excluding VAT and other applicable taxes.

The royalty shall be paid within fourteen (14) days after completion of the resale. Upon reasonable request, the purchaser shall provide documentary evidence sufficient to confirm the resale date and price.

No contractual private-resale royalty shall be payable where the Artwork is resold for less than its original acquisition price. Where the statutory Artist’s Resale Right applies, no additional contractual private-resale royalty shall be payable.

As a condition of the transfer, the purchaser shall require the subsequent purchaser to accept this private-resale provision in writing and shall transfer the original Certificate of Authenticity with the Artwork.

This contractual obligation applies only to the extent permitted by applicable law, is separate from the statutory Artist’s Resale Right and is intended to benefit the Artist, Wiktoria Florek, who may enforce it directly.

Packing, crating, transport, courier, art handler, installation and storage are included only if the accepted Order says so. Shipping quotations are estimates until the work, destination, access requirements and carrier are confirmed. We may adjust an estimate before acceptance or agree a documented variation if the Collector later changes the destination or requirements.

International shipments may require export, import, cultural-goods, sanctions, customs or materials documentation. Unless the Order expressly states that delivery is duties paid, the Collector is the importer of record and is responsible for destination-country import VAT, customs duty, brokerage, handling, inspection, storage and similar charges. These amounts are not paid to or controlled by the Seller. The Seller will declare the transaction accurately and will not understate value or mark a commercial shipment as a gift.

The Collector must provide correct consignee, tax and customs information promptly. Customs clearance delays are outside our direct control. Refusal to pay lawful import charges does not by itself cancel the Order; any recoverable return, storage, duty or disposal costs may be deducted from a lawful refund, subject to mandatory consumer law. 

Production and delivery dates are good-faith estimates unless expressly guaranteed in writing. We will notify the Collector of material delay. For a Consumer sale, risk of loss or damage passes when the Consumer or a third party designated by the Consumer (other than the carrier) physically receives the goods, except where the Consumer independently commissioned a carrier not offered by us and the law provides otherwise. For a business Collector, the accepted Order may specify a different Incoterm or risk-transfer point.

Where the Seller arranges transport, the shipment will be professionally packed and transit insurance will be arranged for the amount and on the conditions stated in the Order. Insurance is subject to carrier/insurer terms and exclusions; it does not limit the Consumer’s mandatory rights against the Seller. After risk passes, the Collector is responsible for appropriate fine-art/property insurance, security, environment and conservation.

On delivery, inspect the exterior before opening where reasonably possible, photograph any impact or moisture, retain all packaging, and notify us promptly at hello@wiktoriaflorek.com. Do not repair or discard a damaged work or packaging before instructions. Prompt notice assists the claim but does not shorten any mandatory statutory period. 

Installation is included only if stated. The Collector is responsible for safe access, permissions, suitable walls/substrates, disclosed hazards and an appropriate site. Unless expressly contracted, the Seller is not responsible for third-party installers selected by the Collector. Cancellation, waiting time, redelivery, special lifting or access costs caused by inaccurate site information may be charged where reasonable and documented.