General Contract Terms and Conditions (T&C)

Part B

You are a buyer and acquire works through Whitewall

1.    How and with whom is the contract concluded?

1. 1.1    The works presented on for sale on WhiteWall are offered either in the name and on the account of WhiteWall, or in the name and on the account of one of our members. With respect to the latter, this will be made clear on the offer pages as well as within the order process. In this case the member is solely responsible for the offers posted. The member alone will become contract partner with respect to any sale.


2. 1.2    Your order shall represent an offer to contract. When you make an order, you shall receive an e-mail confirming receipt of order and all particulars (order confirmation). This order confirmation does not represent the acceptance of your offer, but is intended only to inform you that your order has been received.


3. 1.3    A contract of sale shall arise first with dispatch of the product ordered. Products from one and the same order not listed in the dispatch documents are not subject to contract. Please note that all products are sold only in standard amounts.


4. 1.4    The contract can be concluded in either German or English.

2.    Mode and time of payment, default

1. 2.1    The purchase price - including all delivery charges as indicated on the offer page - shall be paid in advance by debit charge or credit card, as your order is made with respect to a product to be individually produced for you. In individual cases, sale on invoice may be possible for state authorities and corporate clients following assessment by us.


2. 2.2    Payment shall always be made to WhiteWall as beneficiary; insofar as the offer is made by one of our members, WhiteWall will forward the payment to the vendor.


3. 2.3    In the case that the buyer's account does not contain sufficient funds or where the buyer opposes the debit charge being taken from its account without good reason, we reserve the right to charge an administration charge of € 9.00.


4. 2.4    Where the buyer defaults on payment, WhiteWall shall be entitled to charge default interest on all outstanding sums to the amount of 6% p.a. above the basic interest rate set down by the European Central Bank. Additionally, a charge of € 7.50 per reminder with exception of the first reminder shall be made. Where greater damage arising through the default can be proved, WhiteWall shall be entitled to assert this against the defaulting buyer. In the above listed cases, it shall remain open to the buyer to prove that WhiteWall has occurred either no damage or else damage to a lesser extent than the above listed fixed sums.

3.    How will delivery of the work ordered be made?

1. 3.1    In absence of any agreement to the contrary, delivery will be made ex warehouse to your indicated delivery address. In the absence of express indication to the contrary, all indications as to the delivery date are subject to change.


2. 3.2    A confirmation e-mail will be sent following delivery.

4.    How high are the dispatch costs?

1. Dispatch costs are listed in the offer and summary of order.

5.    Retention of title

1. Ownership of works produced shall remain vested in WhiteWall, alternately the vendor, until all payments are made in full.

6.    What may I do with the works bought?

1. 6.1    Please note that the purchase of works entails the purchase of real property only. The sale vests no further exploitation rights in respect of the work in the buyer. Reproduction (copying), distribution, leasing, public disclosure or other analogue or digital use is prohibited.


2. 6.2    Even the presentation of acquired works at public exhibitions may require consent from the artist.


3. 6.3    You may sell works on at your discretion.

7.1    Right of revocation

1. You have the right to revoke your contractual statement within 2 weeks, without stating reasons, either in writing or in another durable medium (e.g. letter, e-mail, fax) or, if the goods are dispatched to the customer within the revocation period, as well as by returning them. The revocation period begins after receipt of these instructions in writing or in another durable medium, but not before receipt of goods by the customer (for repeat deliveries of similar goods, not before receipt of the first partial delivery) and not before we have fulfilled our obligation to instruct pursuant to article 246 § 2 in connection with § 1 (1) and (2) EGBGB as well as our obligations pursuant to §312g (1) (1) BGB in connection with article 246 § 3 EGBGB. In order to observe the revocation period, you must give notice of revocation, or return the goods, within the revocation period. Please address notice of revocation to:
   
   Avenso AG
   Giesebrechtstraße 20
   10629 Berlin
   Germany
   Fax: +49 (0) 30 30 30 69 70
   E-mail: info@whitewall.com
   
   Please note that we have excluded the right of revocation for works from the WhiteWall photo laboratory as well as works with a freely selectable size (variable size) from the WhiteWall Art Market and the WhiteWall galleries. This is because these works are individually finished according to your preferences and our cut according to your needs.

7.2    Consequences of revocation

1. In the case of valid revocation, all considerations received by either party and, where applicable, any utilization (such as interest) shall be returned. If you are unable to return the goods provided in full or in part, or only in an impaired state, you may be required to provide compensation for the loss in value. This does not apply in case of goods provided if the deterioration of the goods is exclusively due to testing the goods, as could occur in a shop. You can avoid being held liable to provide compensation for lost value in case of orderly use of an item, by not using the item as if it were your own property and avoiding any actions that could impair the item's value. Goods that can be returned as packages must be returned at our risk. Please ensure the work is packaged appropriately and that it is will protected. Ideally, use the original packaging in which the item was delivered, including all protective material.
   You are responsible for covering the regular cost of return postage if the goods delivered are as ordered and if the price of the goods to be returned is less than € 40, or in case of a higher price you have not provided consideration or a partial payment agreed under the terms of the contract. Return mail is otherwise free of charge. Goods that cannot be returned as packages will be picked up from your address. Obligations to refund payments must be fulfilled within 30 days. This period commences for you when you issue notice of revocation, or dispatch the goods, and for us on their receipt.
   End of revocation instructions
   To ensure quick processing, please call our hotline in advance. This is not obligatory.

8.    Agreement on liability for costs if revocation of consent is exercised

1. You are responsible for covering the regular cost of return postage if the goods delivered are as ordered and if the price of the goods to be returned is less than € 40, or in case of a higher price you have not provided consideration or a partial payment agreed under the terms of the contract.

9.    Procedure if unavailable

1. In the unlikely event that the material needed for the production of your order is unavailable we will contact you immediately and, if possible, give an approximate delivery date.