1. Scope of application
1.1 These General Terms and Conditions (henceforth referred to as "GTC") of White Square Gallery / WSG GmbH (henceforth referred to as "Seller"), apply to all contracts entered between a consumer or contractor (henceforth referred to as "Customer") the Seller for the delivery of goods which have been displayed by the Seller in their online shop. The inclusion of the customer's own terms and conditions is hereby excluded, unless otherwise agreed upon.
1.2 In accordance with the GTC, a consumer is defined as any natural person who enters into a legal transaction for purposes that largely fall outside of their commercial or self-employed professional activity. A Contractor, following the GTC, is a natural or legal person or a partnership with legal capacity who, upon entering a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Entering contracts
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to provide a binding offer by the customer.
2.2 The customer can submit their offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer, with regards to the selected goods, clicking the button to conclude the ordering process.
2.3 The seller may accept the customer's offer within five days. They can do so in several ways:
- sending the customer a written order confirmation or an order confirmation in text form (e-mail). Confirmation is only valid upon the customer’s receipt of the order confirmation;
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting the customer to remit payment after placing their order.
Should the seller employ more than one of the aforementioned alternatives, the contract is concluded depending on whichever method occurs first. The period for accepting the offer begins on the day following the customer’s offer submission, and ends after the fifth day following the submission of the offer. If the Seller does not accept the customer's offer within the aforementioned period, the offer will be deemed rejected and the customer will no longer bound by her declaration of intent.
2.4 When submitting an offer through the Seller's online order form, the contract text will be stored by the Seller after conclusion of the contract. It will then be sent to the customer in text form (e.g. e-mail or letter) after the customer has sent their order. The Seller shall not make the text of the contract accessible beyond this interaction.
2.5. Contracts and information are available in German and English
2.6. Contracts and orders are usually carried out by e-mail and through automated order processing. The customer must ensure that the e-mail address she provides is correct. This ensures that orders will be processed correctly and that the seller can contact the customer. Importantly, should SPAM filters be enabled, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order, can be delivered.
3. Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Please see the seller’s withdrawal instructions for more information on the right of withdrawal.
3.3 The right of withdrawal does not apply to customers who, at the time of entering the contract, are members of Non-EU states as well as those whose sole residence and delivery address are outside the European Union.
4. Prices and terms of payment
4.1 Unless stated otherwise in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred for which the seller is not responsible and which are to be carried by the customer. These include, for example, costs for money transfer through credit institutions, (e.g. transfer fees, exchange rate fees) import duties or taxes (e.g. customs duties). Such costs may also be incurred during money transfer, in cases where delivery is inside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The customer will be informed of payment option(s) in the seller's online shop.
5. Terms of Delivery and Shipping
5.1 The delivery of goods shall be made by dispatch to the delivery address indicated by the customer, unless otherwise agreed. The delivery address included in the seller's order processing is decisive for successful transaction.
5.2 If the delivery of goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller. If the customer exercises their right to withdrawal, the customer will not be responsible for the costs of shipment returns. In the event that the customer effectively exercises their right of withdrawal, the provision made in the seller's withdrawal instructions shall apply to the costs of return shipment.
5.3 In the case of collection by the customer, the seller shall first inform the customer by e-mail that the goods ordered by the customer are ready for collection. After receipt of this e-mail, the customer can pick up the goods at the seller's place of business after consultation with the seller. In this case no shipping costs will be charged.
6. Retention of title
f the seller agrees to advance payment, the seller reserves the right of ownership over the delivered goods until full payment of the purchase price owed has been received.
7. Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is requested to inform both the delivery service and the seller about any delivered goods with obvious transport damages. Whether or not the customer informs the delivery service or the seller about transport damages, has no effect on their legal or contractual claims for defects.
8. Applicable law
8.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. For consumers, this legal framework shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence has not been withdrawn.
8.2 Furthermore, this legal framework, as it attends to the statutory right of withdrawal, does not apply to consumers who are members of Non-EU states and whose sole residence and delivery address are outside the European Union at the time of entry into the contract.
9. Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer holds their registered office outside of the territory of the Federal Republic of Germany, the registered office of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the seller shall in any case be entitled to appeal to the court at the customer's place of business.
10. Alternative dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution under the following internet link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
11. EU Money Laundering Regulation
In January 2020, new anti-money laundering regulations have taken effect within the EU. Art galleries participating in transactions of €10,000 (£8,500 or $11,000) and above must now register with the government and keep records of due diligence checks on their clients.
Therefore, if your purchase exceeds the above stated amount, we will ask you to provide an original or legally certified copy of photographic ID, such as a passport, and also recent proof of a permanent residential address.
For companies, we will require details including evidence of incorporation, directors, and the ultimate beneficial owner of any artwork.