LEGAL INFORMATION OF WWW.DESA.PL SERVICE

 

§ 1 OWNERSHIP 

 

The www.desa.pl website (including all it's sub-sites) is operated by the sole owner of the website, i.e. company DESA Unicum S.A. with it's registered office in Warsaw (00-477), str. Piękna 1A, XII Economic Division of the National Court Register under the number 0000718495, company identification number in the National Official Business Register: 142733824, tax identification number: 5272644731, with the capital of 13,314,000 PLN - fully paid-up capital; e-mail address: biuro@desa.pl, contact telephone no: +48 22 163 66 00 (charge as for a standard call - according to the price list of the relevant operator) (hereinafter referred to as "DESA").

 

§ 2 INTELLECTUAL PROPERTY

 

1. Subject to the rights in the original work referred to in paragraph 2 below, DESA indicates that all content and publications expressed, inter alia, in the form of: (i) textual, (ii) graphic, (iii) illustrative, (iv) literary, (v) photographic, (vi) audio, (vii) audiovisual and/or (viii) other, regardless of whether they have the character of works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (t. j. Journal of Laws 2025, item 24) published on the website www.desa.pl (and it's further sub-sites) by DESA and/or its partners, are the property of DESA and/or its partners (hereinafter referred to collectively or each individually as "Publications").

 

2. Notwithstanding the provisions described below, DESA stipulates that Publications showing objects (i.e. movables or sets of movables offered for sale, i.e. e.g. sculptures, paintings, posters, compositions, artistic installations and any other works of art) submitted to DESA by the consignor for sale ("Objects") may represent original copies (i.e. personally made by the author or copies deemed to be original) of works within the meaning of the Act on Copyright and Related Rights of 4th February 1994 (i.e. Journal of Laws 2025, item 24) ("Works"). DESA indicates that it is not entitled to copyright as well as related rights in the Works, but only to the rights to use the photographs, video recordings or other reproduction of the image of the Objects taken. For the avoidance of doubt, copyright and related rights of Works belong to third parties, viz: (i) the Comptroller, (ii) the artists and their heirs, (iii) the owners of the Objects, (iv) the purchasers of the Objects or (v) other authorised third parties ("Eligible Parties"). The present provisions published on the website www.desa.pl under the heading "LEGAL INFORMATION OF WWW.DESA.PL SERVICE" describing in it's continuation the intellectual property rights belonging to DESA do not in any way constitute a waiver or transfer of the Eligible Parties rights to Works in favour of DESA.

 

3. Each user of the www.desa.pl website undertakes to respect and not to infringe the rights of the Eligible Parties in particular copyright and rights related to Works, in accordance with the relevant provisions of law.

 

4. Publications, as well as rights to the www.desa.pl website, including property copyright and intellectual property rights to trademarks, name and domain, functionality of the www.desa.pl website and any logos, templates, forms or photographs (in particular photographs of Objects) and audiovisual materials published on the www.desa.pl website are subject to legal protection, including under the Act of 4th February 1994 on Copyright and Related Rights (i.e. Journal of Laws 2025, item 24).

 

5. The use of the Publications and other content mentioned above is only permitted with the written (otherwise valid) consent of DESA and/or the conclusion of a licence agreement with DESA.

 

6. Notwithstanding the consequences resulting from infringements of common law, DESA considers it unacceptable to infringe copyright or related rights in the Publications and other content made available on the website www.desa.pl.

 

7. The legal disclaimers expressed above shall apply to the entirety of the Publications made available on the website www.desa.pl as well as to their individual parts, elements and the composition of the individual elements and their layout.

 

8. The legal disclaimers expressed above shall apply to all Publications, including those made available on any of the further sub-sites of www.desa.pl without the need for a separate disclaimer of DESA's exclusive rights to each individual creation (in particular without the need for additional declarations by DESA).

 

9. Copying, dissemination, reproduction, translation, storage, processing into other electronic media or any other use in whole or in part of the information, data, materials, Publications or other content presented on the website www.desa.pl (except as provided for by mandatory provisions of common law) is prohibited without the consent of DESA, in accordance with paragraph 5 above.

 

10. The right to the Publications and their reproduction shall be vested exclusively in DESA and/or DESA's business partners.

 

11. Legal disclaimers apply irrespective of the manner in which the Publication is explored and the method of exploration used, e.g. manual or automated technique, including the use of machine learning or artificial intelligence programmes.

 

§ 3 PROVISIONS CONCERNING ENTREPRENEURS

 

1. The provisions set out in § 3 of the Legal Information shall only apply to entities (entrepreneurs) using the Publications, content and other information published on www.desa.pl without DESA's consent for commercial purposes within the framework of the aforementioned entities' business activities, i.e. entrepreneurs within the meaning of Article 43(1) of the Civil Code, but excluding entrepreneurs who are natural persons and who conclude a contract directly related to their business activities, where it is evident from the content of the contract that it is not of a professional nature for them ("Entrepreneur").

 

2. Except in the cases provided for by mandatory legal provisions, any infringement of any of DESA's rights to the Publications and/or any infringement of other DESA rights set out in §2 of the Legal Information may result in a monetary sanction of 5,000 PLN (in words: five thousand PLN) being imposed on such an unauthorised Entrepreneur for each infringement found (in particular the sanction relates to infringements relating to the use of a photograph belonging to DESA without the company's consent). The right to claim the above against the infringing Entrepreneur does not exclude DESA's right to claim damages in excess of the aforementioned monetary sanction under the general rules of the Civil Code against the Entrepreneur.

 

3. For the avoidance of doubt, the provisions indicated in §3 of the Legal Information shall not apply to consumers, including natural persons concluding a contract directly related to their business activity, if it follows from the content of the contract that it is not of a professional nature for such persons, arising in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

 

§ 4 FINAL PROVISIONS

 

1. It is not permitted to use the www.desa.pl website for illegal purposes.

 

2. The legal disclaimers mentioned above do not apply to the use of the Publication for: (i) facilitating the search of the Publication by Internet search engines, (ii) participating in an auction organised by DESA and bidding for products offered at the auction, (iii) purchasing the Object.

 

3. Legal disclaimers are not intended to exclude or restrict the rights of consumers to use the content made available on www.desa.pl within the framework of contractual relations or within the framework of permitted use as defined by applicable law.

 

4. Matters not regulated by the Legal Information in question shall be governed by generally applicable provisions of Polish law, in particular the provisions of the Civil Code and the Act on Copyright and Related Rights of 4th February 1994 (i.e. Journal of Laws of 2025, item 24).