General Contract Terms and Conditions (T&C)

II.   Art market

Our website offers various possibilities: You may, for instance, compile your own web profile (gallery page). In this case, your work and services are made available for viewing under your own URL (WhiteWall.com/YourName). Alternately, you may collect and present works from several creative figures from your portfolio or works from other users on our website. Our publicly accessible art market also provides the opportunity for you to present your work to a more general audience on WhiteWall.com (without the addition "/YourName"). In addition to this, distribution can also be made by your own or franchise operated retail stores, by direct mail through advertisements, inserts, catalogues or resellers, e.g. specialised retailers and interior designers or other marketing agents. More specifically:

1. What service do we offer?

1. 1.1 WhiteWall.com is an art market on which works, which you have had produced by us (see here Point I), can be offered for sale, distributed and acquired. This opportunity is subject to the proviso that the offer, distribution or acquisition of such works is not contrary to public policy, illegal, or in breach of these General Contract Terms and Conditions.


2. 1.2 We advertise the art market WhiteWall.com, which may also be available through other URLs. To this end, access to data and information with respect to the works there presented will also be made available to third parties, so that these may in turn advertise the works on the art market, on their own websites, in software applications, in e-mails or in other forms of communication.


3. 1.3 WhiteWall provides you the opportunity to use the WhiteWall website, within the limits set by us, to publish your own contents. The contents published by you on the WhiteWall website are generally not checked with regard to content itself. Any jury assessment made will follow on the basis of artistic quality alone. Nevertheless, we reserve the right to prohibit the publication of works, either on initial posting or at any later time, at our discretion and without indication of reason, in particular in cases where we feel such publication could prejudice or jeopardise the general strategy and concept of WhiteWall.com. Any such decision is final and is not open to legal challenge.


4. 1.4 The posting, saving, and presentation of art work on WhiteWall media is currently free of charge. However, we reserve the right to restrict the number of works presented per user, to set data limits, and to change such limits. We reserve the right to introduce charges for the saving and presentation of works on WhiteWall in the art market or on a gallery page, or to introduce other charges given appropriate notice. Should you object to the introduction of any such charge as may be made in future, you shall be entitled to terminate all business relations with immediate effect.

2. Your works and your rights.

1. 2.1 You are the owner of rights to photographic and/or digitally compiled or processed creations or other digitalised contents ("works"). These works are to be expertly manufactured and/or advertised and distributed by us (see Point I) as digital copies (hereinafter "edition") of at least standard market quality.


2. 2.2 A distinction shall be drawn between editions not limited in the number produced ("open edition"), produced by us on a sales/demand basis, and editions limited in the number produced ("limited edition"), which will only be produced to the extent expressly agreed with you.


3. 2.3 If you are a member of the German collecting society BildKunst r.V in occupation category I or any other comparable collecting society, please inform this collecting society of the conclusion of this contract.

3. Which of your works are subject to this contract? What rules apply to limited editions?

1. 3.1 The subject of the contract concluded between you and us comprises the works posted by you on WhiteWall through our input refers to people.


2. 3.2 With respect to limited editions, independently of whether these are offered on the art market or gallery page, you shall make separate assurances both to us and to end consumers that the editions offered on WhiteWall and through other platforms and/or media exist only in the quantity indicated to the end consumer as determined by you with respect to the particular size. You shall refrain from offering editions both on WhiteWall and through other media of any size 20% smaller or larger than the editions offered on WhiteWall. Accordingly, the data file shall be posted only once on WhiteWall; this shall apply also to all variations or modifications of the data file or motif as may be capable of confusion with the original.
   Should you fail to adhere to this rule, we reserve the right to offer all affected buyers a right of revocation. All damage resulting from the breach shall fall to be compensated by you. All other activities outside of this art market, e.g. activities of a journalistic or marketing nature, remain unaffected by this provision.


3. 3.3 We have the right to issue a certificate to third parties, that is, make confirmation of the edition details, in your name and/or in the name of WhiteWall, either in electronic or in printed form. You may cooperate in the compilation of the edition certificate by means of scanned signature saved into our system, which will then be automatically integrated into the certificate.

4. What rights do you concede to us?

1. Insofar as you require physical prints and reproductions, not only for personal use (Point I) but for sale of your works to third parties through WhiteWall, the following provisions shall apply:


2. 4.1 In accordance with Point II.2.1. - and except where the rule in Point II.4.3. for limited editions applies - you shall grant us for the purpose of advertising and distribution of editions the following non-exclusive transferable exploitation right with respect to your works: the right of reproduction, distribution including broadcast, transmission including satellite and cable transmission, reproduction through picture, sound and multimedia, radio broadcast and the right of public disclosure. The concession of rights shall apply with respect to all modes of use required by the purpose of this contract (cf. summary), in particular use on the internet including push and pull technology, mobile applications, print usage in all media, digital offline usage on data carriers as well as use on television and radio including IPTV. The right of use shall include the right to copy and distribute the works either in whole or in part for the purpose of advertising in all print and electronic media, as well as to make works available to the public. This includes the possibility of editorial reporting on you, the works and us.


3. 4.2 At our request, you shall supply us with a photograph of yourself, alternatively of the artist - where you are not the artist - which we shall be entitled to use for all printing and online advertising purposes in connection with the relevant works. The photograph shall be supplied free of charge and must be free of third party rights. To the same end, and at our request, you shall supply us with a short biography and directory of collections and exhibitions in which you are or were represented which we shall be entitled to use either in full or in part and where necessary in abridged form.


4. 4.3 With respect to limited editions, the concession of rights in accordance with Point II.4.1. shall apply exclusively and for the duration of contract. This shall not exclude the possibility of personal use of these works outside the scope of this contract (e.g. purely editorial usage). With respect to these limited editions, you shall further undertake not to exceed use as described in Point II.3.2. even after termination of this contract.


5. 4.4 We will indicate you as author of the works only on the artist sites of WhiteWall.com and then only in connection with the listing of edition details to the usual extent. We accept no further duty to make indication of name with respect to other forms of use, e.g. summaries, collections, collages or "intros".

5. What specifications must your work meet? What rights does the jury have?

1. 5.1 You shall make the works available to us in the form required by WhiteWall input assistants and in accordance with the technical specifications there.


2. 5.2 Names of works, their description and categorisation, as well as the names of work groups must not infringe the rights of third parties - in particular personal rights, rights of copyright or trademark - and may not be misleading. Names may not include superlatives ("the most beautiful", "the best" etc) or special characters and must not be contrary public policy or otherwise infringe the law.


3. 5.3 We shall be entitled at our own discretion to use a jury and to change the composition for such at any time as we see fit. In accordance with a procedure determined and at all times changeable by us, the jury will select works to be presented on the central art market WhiteWall.com. The decisions of the jury, of authorised individual jury members capable of voting alone, or of members of our company are final and are subject to no requirement of justification. The decisions are not open to legal challenge.

6. What happens where third parties assert rights on your work or where these infringe your rights?

1. 6.1 You hereby affirm that you are the unrestricted owner of all rights conceded with this contract with respect to works and to any provided photographs (Point II.4.2). You shall guarantee that neither your works nor any provided photograph infringe third party rights, in particular rights of copyright or personality.


2. 6.2 You shall indemnify us against all third party claims asserted contrary to Point 6.1; this shall include appropriate costs of all necessary law suits or legal defence.


3. 6.3 In case of infringement of any right conceded to us under Point II.4., you hereby grant us the right to assert a legal claim against third parties both in and out of court, in our own name and on our own account.

7. In whose name is the offer made?

1. Where we have produced works on the basis of digital plans compiled by you, we will offer these for sale in our own name. This shall apply for the art market and gallery page. We shall be entitled to include the buyer of your work in our general communication and to treat it as a regular buyer. After successful completion of sale, remuneration to you shall be made in accordance with the rules set down in Point II.8.

8. What remuneration will you receive?

1. You shall receive a sales fee as remuneration for every piece sold, paid and not returned in accordance with Point II of these General Contract Terms and Conditions. Remuneration shall be made on the basis of the following scale and end sale prices excluding value added tax. Remuneration is not due so long as the work remains unsold. The end sale price is a dynamic price and is calculated on the basis of formats, ratings and sales status. The method of calculation is indicated on definition of the article and must be actively affirmed by you by means of mouse click. The end sale price used in the calculation of remuneration is to be understood exclusive of any charge for framing, lamination, other forms of finishing, dispatch and other service charges not giving rise to a right of remuneration. From this net end sale price, you shall receive the following remuneration calculated with respect to the particular sale price valid at time of sale:


2. 8.1   
3. a) When a piece produced on the basis of digital plans made available by you is sold via the portal www.whitewall.com, remuneration fee (author remuneration) is made as follows:
4. 1. 15% of all sales
5. b) When a piece produced on the basis of digital plans made available by you is sold via your own web profile (gallery page), for instance www.whitewall.com/YourName, remuneration (author remuneration and commission) is made as follows:
6. 1. 51% of all sales


7. For b) the following shall apply:


8. Where a piece presented on a gallery page is sold as a result of advertising on the central art market www.whitewall.com, the sale shall be remunerated in accordance with letter a).


9. 8.2 In the case that you are liable to pay value added tax, WhiteWall will pay statutory VAT on remuneration in addition, provided all necessary indication of tax number and/or your VAT registration number to WhiteWall has been made. Changes or amendments with respect to your liability to pay VAT must be communicated to us without delay. Should it be necessary, through your fault, to later correct invoices, we shall be entitled to charge an appropriate fee.


10. 8.3 We shall at all times be entitled to change all (end sale) prices relevant to invoice or to amend the method of calculation of sale price. Appropriate notification of any such change shall be made. Should you determine individual sale prices different to those set by our price scheme on your gallery page, presentation of the relevant work on the art market shall be excluded.


11. 8.4 We shall be entitled to change the above mentioned remuneration rates or invoice structure and method with at least 30 days notice prior to begin of the next calendar quarter, which of course will be made clear. In case of such change, you shall have the right to terminate all contractual relations to the end of the current quarter.


12. 8.5 In addition to the above mentioned remuneration, we shall also make all valid contributions to the artists' social welfare fund (Künstersozialkasse) if applicable. Should such contributions change by more than 20% with respect to the average across the last three years, we shall be entitled to amend the above mentioned remuneration rates accordingly.


13. 8.6 Determinable inventory differences, in particular as a result of theft, are exempt from fee up to a limit of 2% of the total quantity commissioned and duly licensed.


14. 8.7 Each year, we submit our accounts to be assessed and attested for their correctness to a reputable company of auditors. You may demand confirmation of this (after the 30th September of each year for the previous year) once per year.

9. When and how is remuneration paid?

1. 9.1 Licences and commissions are submitted at the end of each calendar quarter. The official rate of exchange valid at the time of order shall apply. We reserve the right to compile invoices for part-quarters (where quarter has already begun) together with the first full quarter. Returned debits, (partial) cancellations and returns from accompanying sales procedures will be taken into account. For invoice sums in excess of 100 EUR, we shall retain the right to make invoice per month. Payment shall be made within 30 days of the date of invoice.


2. 9.2 As soon as invoice is made, we shall inform you by mail to your indicated address. The invoice compiled by WhiteWall contains only the amount; an itemised invoice shall be made available on your password protected member page.


3. 9.3 Within the EU, payment shall be made by means of EU bank transfer or cheque; outside the EU by means of foreign bank transfer or cheque. Payment shall be made in accordance with the payment details and address data indicated by you through the WhiteWall input assistants. Where such occur, all bank charges or transfer costs are born by you, we transfer with the status "charges payable by recipient". To minimise all possible charges, we reserve the right to postpone transfer of all sums less than € 100 to countries outside the EU to the next quarter.


4. 9.4 In the case that payment cannot be made on account of incomplete or incorrect information or technical problems, we shall contact you within an appropriate period.


5. 9.5 Duty to pay tax on any and all transferred sums rests with you.

10. Over what period does this part of the contract apply? And what happens on termination of contract?

1. 10.1 This part of the contract applies for the duration of the copyright term on works posted by you. This part of contract may be terminated on notice of 30 days to the end of the month. Our rights of use extinguish on termination of contract save as regulated by Point II.10.2.


2. 10.2 Even after termination of contract - irrespective of the reason for the termination- we shall remain entitled to use the works within the framework of exploitation rights set out above for a further period of 3 months. With respect to prints, with or without framing/lamination, already compiled by us on the basis of digital plans made available by you, for instance for sale through retail stores, this period of extended right of use shall be 2 years following termination of contract.


3. 10.3 In all other cases, this part of contract may be terminated by either party without notice only for good reason.


4. 10.4 Termination of contract shall be made in writing.


5. 10.5 The rule in Point 3.2 shall remain unaffected even after termination of contract. Nevertheless, on receipt of the last invoice from us you shall be free, independently of us, to have all missing editions produced and to offer these for sale.

11. Contest

1. Should a third party post a contest on WhiteWall (e.g. a specialist magazine), you may take part in this contest in accordance with the rules of the contest and the provisions of these General Contract Terms and Conditions. A right to participate does not exist. Access restrictions in the form of passwords may be defined or the circle of possible participants restricted "by invitation only". The decision as to participation is final and is not open to legal challenge.