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Online Terms of Sale
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.
1 FORMATION OF THE CONTRACT
1.1
These terms of sale (“Terms”) apply to goods supplied by Jay Jopling trading as White Cube (“White Cube”) of 48 Hoxton Square, London N1 6PB and ordered from White Cube’s website at www.whitecube.com (the “Website”).
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 accept these Terms you should not place an order.
1.3
No contract exists between you and White Cube for the sale of any goods until White Cube has received and accepted your order and sends you confirmation by writing or email to the address or email you have given. White Cube shall not be under any obligation to accept your order but once it has done so by sending you confirmation by writing or email there is a binding legal contract between you and White Cube.
1.4
You must be sixteen (16) years of age or older to order from the Website and by accepting these Terms you are confirming to us that you no less than sixteen years of age.
1.5
Any contract between you and White Cube is subject to your right of cancellation if you are a consumer (see 5.1 below).
1.6
White Cube may change these Terms without notice to you in relation to future sales.
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 available in stock, White Cube will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.2
The description, specification and price 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 will, unless specified to the contrary on the Website, include packaging and delivery charges.
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 despatch 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 or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.5
The price of the goods shown on the Website is exclusive of VAT or other applicable sales taxes which will be added on confirmation of your address and prior to you placing your order.
2.6
Where the goods are supplied for export from the United Kingdom, you will be liable for complying with any legislation or 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 credit card that is shown as acceptable on the Website at the time you place your order (presently being Switch, Visa, MasterCard and American Express).
3.2
All deliveries are subject to prior authorisation of your payment.
4 DELIVERY AND RISK
4.1
The goods you order will be delivered to the address you give when you place your order, subject to confirmation of your order by White Cube.
4.2
All “editions” ordered from White Cube shall be sent to you via a secure courier service. White Cube shall endeavour to deliver unframed 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 your address, White Cube will inform you as soon as possible, and refund or re-credit 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 at the address given who is competent to accept delivery of the goods, you will be notified of an alternative delivery date or a place to collect the goods.
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 30 days of receiving your order, White Cube will inform you as soon as possible and you will be entitled to cancel the order and obtain a refund or re-credit for any sum that has been paid by you or debited from you credit card for the goods. White Cube will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.
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
5.1
If you are a consumer, you have the right to cancel the contract at any time up to the end of seven working days after you receive the goods. A working day is any day other than weekends and bank or other public holidays in the United Kingdom.
5.2
To exercise your right of cancellation, you must give written notice to White Cube by hand or post, fax or email, at the address, fax number or email address shown at paragraph 10 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 below by registered post. 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 or re-credit 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.
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 by their nature cannot be returned or are liable to deteriorate or expire rapidly. White Cube will notify you at the time your order is accepted if this applies.
6 LIABILITY
6.1
Wite Cube shall not be responsible for any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party.
6.2
Sbject to paragraph 6.1, if the goods supplied to you are in any way defective or you have any other complaint about the goods, you should contact White Cube by phone or notify White Cube by post, fax or email in accordance with the contact details at paragraph 10 below.
6.3
Wite Cube will not be liable for losses relating to any business (such as lost profits or consequential loss) which arise from any failure by White Cube to supply the goods in accordance with the contract.
6.4
White Cube shall not be held responsible for any delay or failure to comply with its obligations under these terms of sale if the delay or failure arises from any cause which is beyond White Cube’s reasonable control. This condition does not affect your statutory rights.
7 DATA PROTECTION
7.1
White Cube will take all reasonable precautions to keep the details of your order and payment secure but unless White Cube is negligent White Cube will not be liable for unauthorised access to information supplied by you.
7.2
White Cube will only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to White Cube at the address, fax number or email address shown below.
7.3
White Cube would like to notify you of similar products and offers that may be of interest to you from time to time. If you would not like to be notified, please tick the box below. If at any time you wish to receive such information again, you can give notice to White Cube at the address, or email address shown at paragraph 10 below, or in reply to any email from White Cube.
8 COOKIES
White Cube may use technology to track the patterns of behaviour of visitors to the Website and ‘personalise’ your viewing experience. This can include using a ‘cookie’, which would be stored on your browser. The information collected in this way can be used to identify you unless you modify your browser settings. You can usually modify your browser to prevent this happening. However, the Website may not work as well as it might if you switch off cookies.
9 INTELLECTUAL PROPERTY
9.1
All copyright in the material contained on the Website and any trademarks and brands included in that material belong to White Cube or its licensors.
9.2
You may download or copy the content and other downloadable items displayed on the Website solely for personal non-commercial purposes for the purposes of placing an order. Copying or storing the contents of the Website for any other purpose is expressly prohibited.
10 WHITE CUBE’S CONTACT DETAILS
10.1 If you have any queries about these Terms or any other aspect of our Website you can phone us on + 44(0) 20 7930 5373 or e mail us at editions or write to us at White Cube, 48 Hoxton Square, London N1 6PB. We will endeavour to respond as quickly as possible.
11 GENERAL
11.1
White Cube may at its discretion record telephone calls for the purposes of staff training and quality control. Tapes will be erased after review.
11.2
These Terms are not intended to and shall not create any rights, entitlements, claims or benefits enforceable by any person other than the person who is party to a contract with White Cube for the supply of goods.
11.3
These Terms and the supply of the goods by White Cube will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract.
Artists Liaison
Direct Telephone: +44 (0)20 7749 7489
Fax: +44 (0)207749 7470