General Contract Terms and Conditions (T&C)
Art and community are the two main pillars of our project. But because our service is (for all concerned) also a matter of business, the provision of a set of standard rules with respect to these business transactions is unavoidable. To this end, these are the General Contract Terms and Conditions on which we will supply products to you in Canada. We are WhiteWall USA Inc (trading under the brand name ‘WhiteWall’). (“WhiteWall”, “we” or “us”). You can contact us by telephoning us on (+001)3438030922 or by emailing us at: firstname.lastname@example.org)
Our platform at whitewall.com allows you to take advantage of various services provided by us. These services are presented here in a short summary:
- You can upload digital copies of works (e.g. photographs) onto our platform.
You can order prints of the uploaded works, also including framing and lamination, to be provided by us for your own use.
For reasons of clarity, these General Contract Terms and Conditions are divided into three parts: Part A concerns all general provisions and rules for use of our online service. Part B concerns the return policy. Part C contains general concluding provisions. By using our site, you confirm that you accept Parts A and C of these General Contract Terms and Conditions and you agree to comply with them. If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these General Contract Terms and Conditions for future reference.
Our site is directed to people residing in Canada.
We amend these General Contract Terms and Conditions from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
1. Who can register?
1.1. Registration is restricted to natural persons of full age and legal capacity, legal persons, or partnerships. In particular, minors are not permitted to register. We ask for your understanding in this matter.
1.2. We must ask that all information requested upon registration is entered completely and correctly, e.g. first name and surname, current address (not a post-office box), telephone number (no value-added service number), a valid e-mail address and, where necessary, your VAT registration number(s) and indication of any applicable VAT rules. We shall be entitled, though not obliged, to check the validity of all indications made.
1.3. Where registration is completed with respect to a legal person, registration may only be made by a natural person with necessary authority. This person must be named.
1.4. Should any or all of the information indicated at registration subsequently change, it shall be incumbent upon you to correct the information without delay.
1.5. On registration, a user name and password must be selected. The user name must not infringe the rights - in particular copyright or trademark rights - of third parties. Further, the username must not be misleading and must not be contrary to public policy or break the law. We shall be at liberty to define formal rules and restrictions for new user names and to reject existing user names - including with retrospective effect.
1.6. Passwords must be kept confidential and account access must be safeguarded. You shall be compelled to inform us without delay, should any suspicion arise concerning misuse of the account by third parties.
2. How are our services provided?
We ask for your understanding that we are only able make the WhiteWall website and its functions available for use within the limits and scope of current technology.
For reasons of further development and security as well as in the interests of an error-free service, we shall undertake regular maintenance work on our system. To this end, and with due regard to your interests, we shall be entitled temporarily to interrupt or restrict the provision of our services. Insofar as possible, such maintenance work shall be carried out in times of minimal use. Should longer periods of interruption or restriction be necessary, we shall notify you of the type, extent, and duration of the impairment provided that this is possible in light of all the circumstances and that such notification does not prejudice or delay necessary repair to any existing interruption of service.
2.3. System interference and breakdown
You will be aware that according to the current state of technology it is not possible for works to be made available for viewing on the internet entirely free of system interference and breakdown. We therefore accept no liability for non-accessibility of works on account of technical problems with communication networks, security breaches by third parties (e.g. denial of service attacks) or incomplete and/or dated offers on proxy servers (temporary caches), where such is beyond our control.
Services such as printing, framing and mounting, etc.
This section concerns our services with regard to printing, framing and lamination of works carried out by us at your request.
1. What services do we provide?
Where requested through the input assistants on the WhiteWall website, we provide the following services: On the basis of the digital submissions, we prepare physical prints and copies, that is, the digital data are reproduced on to a material which may then be framed or laminated as desired, e.g. for your personal use.
2. Workflow, production clearance, termination
2.1. A contract of sale shall not be concluded until we email you to accept your order, at which point a contract will come into existence between you and us. The costs of delivery shall be charged to you in addition to the product price. The delivery costs will be displayed to you on our website.
2.2. We will deliver the products to you as soon as reasonably possible and any in event within 30 days after the day on which we accept your order, except as otherwise agreed with you. We shall be entitled to make partial deliveries if you agree to this.
2.3. We draw your attention here to the fact that if the products we are supplying to you are made to measure for you, then you have no rights of cancellation if you have changed your mind. You are responsible for ensuring that these specifications are correct. You may however return and receive a refund for these products if these are faulty or misdescribed (see Section 1.2 of Part C of these General Contract Terms and Conditions).
The price of the products is set out in the current price list available for viewing at whitewall.com, as shown within the order process. The price for the products includes VAT. We may change the price list for future orders without prior notification to you.
4. How does billing work?
4.1. Payment Methods
Our current payment methods and their conditions are published here: Payment Methods.
In case of a PayPal or RatePAY payment you will be automatically redirected to the payment services PayPal or RatePAY after completing the order process. The process of payment is then governed by the terms of PayPal/RatePAY.
The buyer pays the sale price by credit card, by debit, upon making the order (pre-payment). When paying via PayPal or RatePAY the buyer pays after delivery.
4.2. In the case that the buyer's account does not contain sufficient funds or where the buyer contests the debit charge being taken from its account without good reason, WhiteWall reserves the right to charge an administration charge of € 9.00.
4.3. 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.
4.4. If you do not make any payment to us by the due date, WhiteWall shall be entitled to charge interest to you on all outstanding sums to the amount of 3% p.a. above the base interest rate per annum published by the Bank of England.
5. Retention of title
Ownership of the works produced shall remain vested in WhiteWall until all payments are made in full. The produced works will be the consumer’s responsibility from the time the producst is delivered to the address provided by the consumer.
6. Performance of contract and third party rights
We shall assume that you hold all necessary property rights (including all intellectual property rights) with respect to your works free of all encumbrances from third parties.
7. Duty to safeguard information
Before you send us your prints or images with your order, please ensure you have made a backup copy of those materials.
8. What you should do if you want to query our services.
8.1. Merchants and traders shall inspect the consignments without delay upon delivery within the proper course of business and shall make written notification to us of any defects without delay.
8.2. For consumers, please check the goods after delivery at the earliest opportunity and take prompt action if defects are discovered.
8.3. In case of any objection, all documentation with respect to the contract must be made available to us. Failure to do so may result in delay to the assessment and processing of the notification of defect.
8.4. If you have agreed to deliveries in instalments, defects in part of the delivery do not justify objection to the entire delivery.
9. What are your rights in relation to the products?
9.1. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. In case of a defect during the expected lifespan of your product, your legal rights entitle you to the following:
(a) up to 30 days: if your products are faulty, you can get a refund.
(b) up to 6 months: if your products can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
up to 6 years: if your products do not last a reasonable length of time you may be entitled to some money back.
9.2. The papers, dyes, chemicals and other materials used in our materials and manufacturing processes may, like other dyes, show trivial changes over time. These changes may be different from one production batch to another. Such discrepancies in product characteristics shall not form sufficient basis for defect.
1. Return policy
You have the following rights of cancellation for online orders of products:
• You have the right to cancel this contract without reason within 14 days after the day you (or someone you nominate) receives the products, unless:
A) your products are split into several deliveries over different days – in this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products;
B) your products are for regular delivery over a set period – in this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
This right does not apply to “Custom Finish” or made to measure products.
• You may have the right to cancel this contract if what you have bought is faulty or misdescribed (see Section 11).
• You have the right to cancel this contract if we have delivered the products late.
• You have the right to cancel this contract where we change the terms of the contract.
• In all other cases (if we are not at fault and there is no right to change your mind), you can still end the contract before it is completed, but you may have to pay us compensation. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
To exercise your right to cancel, you must inform us
WhiteWall USA Inc
of your decision to cancel in a clear, written statement (by letter or e-mail, for instance). You may use the cancellation form we've provided here, but are not required to do so.
The deadline for the right to cancel will be met as long as your statement indicating you will be exercising the right to cancel is sent within the allotted cancellation period.
Please note that we have excluded the return policy 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.
Should you cancel the contract, we will refund all payments received from you, including shipping costs (with the exception of additional costs from selecting a different type of delivery than the standard, cost-effective shipping we offer) promptly. If you are exercising your right to change your mind then:
A. if we have not offered to collect the products, your refund will be made within 14 days from the day on which we have received the product back from you or until you have provided proof of their return shipment, whichever comes first; or
B. in all other cases, your refund will be made within 14 days of you telling us you have changed your mind.
If you end the contract for any reason after the products have been dispatched to you or you have received them, you must return them to us. If you are exercising your rights to change your mind, you must send the products off within 14 days of the date you inform us of the cancellation. This deadline will be met as long as you post the goods to us within this 14-day period.
We shall bear the costs for returning products if the products are faulty or misdescribed, if you are ending the contract because we have told you of an upcoming change to the product or these terms, a delay in delivery due to events outside of our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you have exercised your right to change your mind), you shall bear the direct costs for returning products. Typically, goods cannot be returned by normal post. Please contact our Customer Service for more information on [(+001)3438030922] for more information or to arrange a collection.
We may make deductions from the price of the products when refunding you, if you are exercising your right to change your mind. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the product if this has been caused by your improper handling of the products.
Should you notify us that the goods are defective or misdescribed, we shall refund all payments received from you, including shipping costs (with the exception of additional costs from selecting a different type of delivery than the standard, cost-effective shipping we offer) promptly. You must return the goods to us.
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.
Goods that cannot be returned as packages will be picked up from your address.
To ensure quick processing, please call our hotline in advance. This is not obligatory.
2. Costs of returning products
We shall bear the costs for returning goods if the goods are faulty or misdescribed, if you are ending the contract because we have told you of an upcoming change to the product or these terms, a delay in delivery due to events outside of our control or because you have a legal right to do so as a result of something we have done wrong.
3. Out of stock products
In the unlikely event that the material needed for the production of your order is unavailable we will not charge you for the product, we will contact you immediately and, if possible, give an updated approximate delivery date.
4.1 In relation to the supply of products to you, we are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with Part B of these General Contract Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of us breaking this contract or our failing to use reasonable skill and care. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
4.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability:
(a) for death or personal injury due to our negligence or the negligence of our employees, agents or subcontractors; and
(b) for breach of your legal rights in relation to the products, including the right to receive products which are as described and match information we provided to you and any sample or model seen or examined by you, of satisfactory quality, fit for any particular purpose made known to us, supplied with reasonable skill and care, and for defective products under the Consumer Protection Act 1987.
4.3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
4.4 Different limitations and exclusions of liability will apply to liability arising as a result of the use of our site, which will is set out in Part C of these General Contract Terms and Conditions.
General concluding provisions
1. What happens on breach or infringement of third party rights?
1.1. You may use our site only for lawful purposes. In particular, you must not use our site in any way that breaches any applicable local, national or international law or regulation, to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards. Any material uploaded by you to the site must not infringe any copyright, database right or trade mark of any other person.
Where we consider that that you have contravened the law, infringed third party rights or breached these General Contract Terms and Conditions, or should we have any other legitimate interest, in particular the protection of other users from deception or fraud, we may take such action as we deem appropriate, including the following measures
• Issuing of a warning to you;
• Immediate, temporary or permanent withdrawal of your right to use our site and the online service provided by WhiteWall; and/or
• Immediate, temporary or permanent removal of any materials uploaded by you to our site.
In choosing which measure to apply, we shall take into account your legitimate interests wherever possible, in particular, whether evidence exists to indicate that the breach occurred without your fault.
1.2. We shall be entitled to ban you from all further use of the WhiteWall website, where
• you cause considerable damage to us, in particular where our services are abused; and
• you breach these General Contract Terms and Conditions.
1.3. Following permanent withdrawal of your right to use the site, any further use of the WhiteWall website, including through other member accounts, shall be prohibited. Re-registration is not allowed.
1.4 We exclude our liability for all action we may take in response to breaches of Parts A and C of these General Contract Terms and Conditions. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
2. System integrity and disruption of the WhiteWall website
2.1 All use of mechanisms, software or other scripts capable of disrupting the function of the WhiteWall website when used in conjunction with this website shall be prohibited.
2.2 All use which may result in an unreasonable or excessive burden on WhiteWall infrastructure is prohibited. It shall be forbidden to block, overwrite or modify any contents generated by us, or otherwise cause disruption to the functioning of the WhiteWall website.
2.3 Contents held on the WhiteWall website may not be copied or disseminated, nor may they be used or reproduced in any other form, without prior consent from the right holder. This shall apply also with respect to copying by "Robot/Crawler" search engine technology or by other automatic mechanisms.
3. What is the extent of our liability?
3.1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
3.2. In all other cases, liability shall be unrestricted only with respect to damage caused through malice or gross negligence, including in respect of our legal representatives, managerial staff and vicarious agents.
3.3. With respect to damage arising though negligence, liability shall be accepted only insofar as a duty is breached, the adherence to which is of particular significance for the attainment of the purpose of contract (cardinal duty). Liability is restricted to double the value of contract and shall exist only with respect to typically foreseeable damage within the framework of the contract.
3.4. Liability for injury to life, body or health as well as liability under the Product Liability Act(Produkthaftungsgesetz) shall remain unaffected.
4. What law applies to this contract?
4.1. These General Contract Terms and Conditions shall be governed by european law and you can bring legal proceedings in respect of the products in the courts.
4.2. Where you are a merchant/trader as defined in the German Commercial Code (HGB), a special public fund or a legal person under public law, exclusive place of jurisdiction for any and all dispute arising in connection with these General Contract Terms and Conditions as well as with any individual contracts concluded on the basis of such shall be Berlin.
5. What happens with my personal data?
6. For what term will the General Terms and Conditions apply?
The General Terms and Conditions shall apply for the entire term of the contractual relationship between you and WhiteWall USA Inc. They will also apply for all future transactions and other business matters, without requiring a renewed confirmation in each individual case, until they are amended or the contractual relationship has been terminated by deleting the user’s data.
7. How can we amend the General Terms and Conditions?
We reserve the right to amend the General Terms and Conditions at any time without further explanation. In such case, we will explicitly notify you on our Webpage of the amended General Terms and Conditions. Your agreement will be required before any amendments are to take effect.
Date: May 2019