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, the following General Contract Terms and Conditions have been drawn up, and shall be agreed between you and us
(we are Avenso Photo Art Inc., 474 West Broadway, New York, NY 10012, 646-513-4422, E-Mail: email@example.com):
Our platform at us.whitewall.com allows you to take advantage of various services provided by us. These services are presented here in a short summary:
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.
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.
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.
This section concerns our services with regard to printing, framing and lamination of works carried out by us at your request.
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.
2.1. A contract of sale shall not be concluded until we send the ordered product to you. For the avoidance of doubt, the contract shall not include products included in the same order which were then later not included on the delivery papers. The costs of delivery shall be invoiced. The extent of delivery costs will be indicated on order. Should any taxes or excise duties be incurred in case of delivery to a country outside the EU, all such costs shall be borne by you.
2.2. All delivery deadlines indicated by us are non-binding. We shall be entitled to make part delivery.
2.3. We draw your attention here to the fact that for this part of the contract a return policy under §312d(4)(1) BGB (right of revocation and return in distance contracts) (German Civil Code) is excluded, as the works are produced in accordance with your own individual specifications and are clearly personalised (§312d(4)(1) BGB).
The remuneration for our services as set down in Point I.1. of these General Contract Terms and Conditions is calculated with respect to the current price list available for viewing at us.whitewall.com as specified within the order process. We shall at all times be entitled to change the price list for future orders without prior notification.
4.1 WhiteWall is part of the Avenso Group. Avenso Ltd., UK is the provider of the services under this agreement, some of which may be provided on its behalf by other members of its group. Payment for the services provided by Avenso Ltd., UK and/or Avenso Photo Art Inc., will be taken by Avenso Photo Art Inc., USA for itself and/or on behalf of Avenso Ltd., UK.
The buyer pays the sale price by credit card or by PayPal upon placing the order (pre-payment).
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.
Ownership of the works produced shall remain vested in WhiteWall until all payments are made in full.
We shall assume that you hold all necessary property rights with respect to your works free of all encumbrances from third parties. Point II.6. shall apply mutatis mutandis.
Before communication of your mandate to us, it shall be incumbent upon you to make a backup copy of all sent data contents. Should you fail to make such security backups and damage or loss is incurred within the scope of this mandate, we shall not be liable for any damage which could otherwise have been avoided, had a security backup copy been made.
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; § 377 HGB (German Commercial Code) shall apply without restriction.
8.2. In all other cases, notification of all manifest defects must be made within one week. For the calculation of this time limit, the date of delivery and the date of receipt of notification of defect are decisive.
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. Defects in part of the delivery do not justify objection to the entire delivery, save in the case that partial delivery is of no interest.
9.1. In case of defect, we shall be entitled, at our option and within a reasonable period, to make new delivery or to repair the defect. Should the attempt to deliver a new or to repair the defect be unsuccessful, you shall be entitled your option either to rescind the contract or to demand an appropriate reduction in price.
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.
In the unlikely event that you would not be satisfied with your product, simply contact customer service within 14 days of receiving your order by emailing firstname.lastname@example.org with:
We are unable to exchange or refund your order for customer created errors such as color differences between your computer and our professionally calibrated printing systems, typos and misspellings, poor image quality or low resolution, layout errors and missing images, blank pages or mistakes in product design, content quality, product selection mistakes (i.e. product size, style or cover choices).
We cannot provide exchanges or refunds due to damages caused by customer handling, storage or treatment.
We reserve the right to request that your return the product to us and at our discretion; offer an exchange or reprint; issue store credit for items not including shipping; take no action; or, on the rare occurrence (in that we have exhausted all possible solutions and cannot find a resolution), offer a refund. Please ensure the work is packaged appropriately and that it is 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, if you have only provided 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.
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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 or suggest alternate product options.
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1.1. Should there exist concrete reasons to believe that you have contravened legal provisions, 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, the following measures shall be open to us:
In the choice of measure applied, we shall take into account your legitimate interests wherever possible, in particular, whether concrete reasons exist to believe that the breach occurred without fault.
1.2. We shall be entitled to ban all further use of the WhiteWall website (definitive blockage), where
1.3. Following definitive blockage, no return policy of access to our service shall exist. Any further use of the WhiteWall website, including through other member accounts, shall be prohibited. Re-registration is not allowed.
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.
3.1. Liability for damage resulting from defects in title and absence of warranty shall be unrestricted.
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.
4.1. Where you are not permanently or habitually resident in Germany, these General Contract Terms and Conditions shall be governed by the substantive law of the Federal Republic of Germany to the exclusion of UN trade law.
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.
The General Terms and Conditions shall apply for the entire term of the contractual relationship between you and AVENSO GMBH. 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.
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: October 14, 2016