ONLINE TERMS OF SALE

PLEASE READ THESE TERMS CAREFULLY BEFORE PLACING YOUR ORDER AND PRINT OR SAVE A COPY OF THEM, TOGETHER WITH YOUR ORDER, FOR FUTURE REFERENCE

1. FORMATION OF THE CONTRACT

1.1 These terms of sale set out the terms and conditions (“Terms”) on which White Cube Art LLP (“White Cube”, “we”, “us”) supplies goods ordered from White Cube’s website at whitecube.com (the “Website”). We also refer you to White Cube’s Terms of Use, which govern your use of the Website, the Privacy Notice, which sets out how we use personal information you provide to us, and the Cookie Policy).

1.2 These Terms should be read carefully by you before you place an order for goods from White Cube. You will be asked to accept these Terms before placing your order. If you do not agree to these Terms, you should not place an order.

1.3 These Terms, and any contract between us for the sale of goods to you, are only in the English language.

1.4 To place an order on the Website, you will need to add goods to your basket on the relevant “Shop” pages of the Website, click “Checkout”, and provide us with the delivery and billing information requested. The order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

1.5 After you place an order, White Cube will send an email to the address you have provided acknowledging receipt of your order. Please note that this does not mean that your order has been accepted.

1.6 White Cube will confirm its acceptance of your order by sending you an email confirming that, if you have ordered any editions or other artwork, they are ready to be dispatched or, if you have ordered any publications, they have been dispatched (“Dispatch Email”). White Cube shall not be under any obligation to accept your order and the contract between you and White Cube for the sale of goods will only be formed once White Cube has sent you such Dispatch Email.

1.7 If you are a consumer, you must be at least 18 years old to order goods from the Website. By accepting these Terms you are confirming that you are no less than 18 years old. If you are using the Website to purchase goods on behalf of a business, by accepting these Terms, you confirm that you have authority to bind such business to a contract with White Cube for the purchase of goods.

1.8 Any contract between you and White Cube is subject to your right of cancellation if you are a consumer (see 5.1 below).

1.9 White Cube may change these Terms without notice to you in relation to future sales. Please check these Terms every time you wish to order goods from our Website to ensure you understand the terms which will apply at that time.

2. AVAILABILITY, DESCRIPTION, SPECIFICATION AND PRICE OF THE GOODS

2.1 All goods are subject to availability. If on receipt of your order the goods you have ordered are not in stock, White Cube will inform you as soon as possible, and refund you for any sum that has been paid by you or debited from your credit card for the goods and their delivery to you.

2.2 The description and specification of the goods you order will be as shown on the Website at the time you place your order.

2.3 Subject to 2.4 below, the price of the goods will be the price quoted on the Website at the date the order is received. All prices are quoted in UK pounds sterling and are exclusive of delivery charges, which will be added to the price of the goods on confirmation of the delivery address and prior to you making payment.

2.4 Every effort will be made to ensure that prices shown on the Website are accurate at the time you place your order. If an error is found prior to dispatch of the goods, White Cube will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, White Cube will refund you for any sum that has been paid by you or debited from your credit card for the goods and their delivery to you.

2.5 The price of the goods shown on the Website is inclusive of VAT (where applicable) at the relevant rate chargeable in the UK at the date of your order. Where the goods are supplied for export from the EU, any VAT added to the goods will be deducted from the price of the goods upon confirmation of the delivery address and prior to you making payment.

2.6 Where the goods are supplied for export from the EU, you will be responsible for complying with all applicable laws and regulations governing the importation of the goods into the country of destination and for the payment of any import duties or taxes which are levied on them.

3. PAYMENT

3.1 Payment for the goods and delivery charges can be made by any debit or credit card that is shown as acceptable on the Website at the time you place your order (presently being MasterCard, Visa, Maestro and JCB).

3.2 All deliveries are subject to prior authorisation of your payment.

3.3 White Cube’s associated company, MYJ Services Limited (whose company number is 06808024 and registered address is 144/152 Bermondsey Street, London, England, SE1 3TQ) shall collect payments on White Cube’s behalf, and MYJ Services Limited uses a third party payment provider for administering payments on its behalf (currently WorldPay). Neither White Cube nor MYJ Services Limited has access to your debit or credit card details.

3.4 If, where permitted by these Terms, you wish to receive a refund for the goods, you will need to provide White Cube with details of the debit or credit card used for the purchase of the goods.

4. DELIVERY AND RISK

4.1 The goods you order will be delivered to the delivery address you give when you place your order, subject to confirmation of acceptance of your order by White Cube.

4.2 All editions or other artwork ordered from White Cube shall be sent to you via a secure courier service. White Cube shall endeavour to deliver editions within the UK and EU within 14 days after receiving payment from you and outside the EU within 21 days of receiving your payment, or within such other period indicated at the time you place your order.

4.3 All publications ordered from White Cube shall be sent to you by Royal Mail. White Cube shall endeavour to deliver the publications within 28 days after receiving your payment.

4.4 If delivery cannot be made to the delivery address provided, White Cube will inform you as soon as possible, and refund you for any sum that has been paid by you or debited from your credit card for delivery.

4.5 If there is no one available at the delivery address to accept delivery of the goods, you will be asked to re-arrange delivery for an alternative date or to collect the goods from a specified place. Where the delivery address is within London and you wish the goods to be redelivered to you, you shall be liable for the costs of re-delivery and the goods shall not be re-delivered until White Cube has received payment in full for such costs.

4.6 A signature will be required on delivery of all White Cube editions. Receipt of a signature at the delivery address for any edition and/or publications ordered by you shall be proof that the order has been delivered to you.

4.7 Every effort will be made to deliver the goods within the time periods specified above. If White Cube is unable to deliver the goods within such time periods, White Cube will inform you as soon as possible of the revised estimated delivery date and you will be entitled to cancel the order and obtain a refund for any sum that has been paid by you or debited from your credit card for the goods and their delivery to you.

4.8 You will become the owner of the goods you ordered and responsible for risk of loss or damage to them once they have been delivered to you.

5. YOUR RIGHT OF CANCELLATION AS A CONSUMER

5.1 If you are a consumer, you have the right to cancel the contract with White Cube at any time up to the end of seven working days after you receive the goods and in accordance with this clause 5. A working day is any day other than a Saturday, Sunday or public holiday in the UK.

5.2 To exercise your right of cancellation, you must give written notice to White Cube by hand or post or email, to the address or email address shown at 11 below, giving details of the goods ordered and (where appropriate) their delivery.

5.3 If you exercise your right of cancellation after the goods have been delivered to you, you must return the goods to White Cube at your own cost, in unused and otherwise re-saleable condition. The goods must be returned to the address shown at 11 below by courier, if you are returning editions or other artwork, or by registered post if you are returning publications. The goods must be adequately sealed in the original packaging and you must take reasonable care to ensure the goods are not damaged whilst in your possession or in transit.

5.4 Once you have notified White Cube that you are cancelling the contract, White Cube will refund you within 30 days of receiving notice of such cancellation for any sum that has been paid by you or debited from your credit card for the goods and their delivery to you.

5.5 If you do not return the goods as required after exercising your right of cancellation, White Cube may charge you for the direct costs of recovering the goods.

5.6 You do not have the right to cancel the contract if the order is for audio or video recordings which have been unsealed by you or for goods which are custom-made or clearly personalised or by their nature cannot be returned or are liable to deteriorate or expire rapidly.

6. NO RIGHT OF RESALE

6.1 If you are a consumer, we only supply the goods for domestic and private use. You agree not to use the goods for any commercial, business or re-sale purposes.

6.2 If you are a business, we only supply goods for internal use by your business. You agree not to use the goods for any re-sale purposes.

7. PUBLIC DISPLAY OF EDITIONS OR ARTWORK

You are not permitted to display or to authorise any display of any edition or other artwork purchased by you in a commercial manner without the prior written consent of White Cube on behalf of the artist of such edition.

8. INTELLECTUAL PROPERTY

In purchasing any goods from the Website, you are not granted any right to any copyright or other intellectual property rights in the goods. Please note that in respect of any edition or other artwork purchased by you, the artist of such edition or artwork has asserted their right to be identified as the author of such edition.

9. LIABILITY

9.1 Nothing in this clause 9 or otherwise in these Terms shall exclude or limit our liability for: death or personal injury caused by our negligence; or for fraud or fraudulent misrepresentation; or breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or defective products under the Consumer Protection Act 1987.

9.2 Subject to 9.1 above, except as expressly stated in these Terms, to the fullest extent permitted by law, we hereby exclude:

9.2.1 all conditions, warranties and other terms which might be implied into these Terms by law or otherwise;

9.2.2 any liability for any business loss or damage or any indirect or consequential loss or damage suffered by you in connection with your order of goods, including loss of revenue, loss of profit, or loss of business, and whether caused by tort (including negligence), breach of contract or otherwise.

9.3 Subject to 9.1 above, White Cube shall not be responsible for any defect in the goods arising from fair wear and tear, wilful damage, accident, or negligence by you or any third party. Subject to the foregoing, if the goods supplied to you are in any way defective or you have any other complaint about the goods, you should, in the first instance, contact White Cube by phone or post or email in accordance with the contact details at 11 below.

9.4 White Cube shall not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond White Cube’s reasonable control.

9.5 If you are a consumer, you will have legal rights in relation to goods that are defective or not as described. These legal rights are not affected by these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

10. MARKETING COMMUNICATIONS

White Cube would like to notify you of the availability of new editions and similar artwork that may be of interest to you from time to time. We would also like to send you the White Cube Newsletter. If you would like to be notified of new editions and similar artwork and/or subscribe to our Newsletter, please tick the relevant box on the screen shown before you make payment. You will be able to unsubscribe from such notifications or the Newsletter at any time by notifying us in writing at the address or email address shown at 11 below.

11. WHITE CUBE’S CONTACT DETAILS

If you have any queries about your purchase of goods, these Terms or any other aspect of our Website you can phone us on + 44(0) 20 7930 5373, email us at editions@whitecube.com, or write to us at White Cube, 144-152 Bermondsey Street, London SE1 3YQ. We will endeavour to respond as quickly as possible.

12. GENERAL

12.1 White Cube may transfer its rights and obligations under a contract made with you pursuant to these Terms to another organisation, but this will not affect your rights or obligations under these Terms.

12.2 You may only transfer your rights or obligations under these Terms to another person if we agree in writing.

12.3 These Terms are not intended to and shall not create any rights enforceable by any person other than the person who is party to the contract with White Cube for the supply of goods.

12.4 If any court or relevant authority finds that any of these Terms is unlawful or unenforceable, the validity and enforceability of the other Terms shall not be affected.

12.5 No failure by us to exercise any right or remedy under these Terms shall constitute a waiver of that or any other right or remedy.

12.6 These Terms and the supply of the goods by White Cube and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with English law, and the English courts will have non-exclusive jurisdiction in respect of any such dispute or claim.

12.7 These Terms were last updated on 30/07/2013.