Online Terms of Sale
A. GENERAL ONLINE TERMS OF SALE
- We are White Cube Limited, a company registered in Jersey under registration number 123395. Our business address is 144-152 Bermondsey Street, London, SE1 3TQ. Our registered VAT number is GB982 566 574.
- These terms and conditions (the "Terms") apply to the sale to you of goods, including editioned artworks, by White Cube Limited (“White Cube”/”us”) via our website shop (the “Online Shop”).
- White Cube sells and is authorised to sell editions as agent to the artist (the “Artist”). Without limiting the ways in which these Terms apply, acceptance of these Terms in store shall be demonstrated by full or partial payment of the price shown on the front of the invoice for the relevant edition (the “Edition”).
- These Terms should be read carefully by you. 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.
- 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 Online Shop to ensure you understand the terms which will apply at that time.
- If you are a consumer, you must be at least 18 years old to order goods from the Online Shop. By accepting these Terms you are confirming that you are no less than 18 years old.
- If you are using the Online Shop 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.
- Any contract between you and White Cube is subject to your right of cancellation if you are a consumer in the UK (see clause 10 below). References to a "consumer" for these purposes means an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession.
- You can contact us by telephoning us on +44 207 036 1515 or in writing. We will endeavour to respond as quickly as possible. If we have to contact you, we will do so by telephone or by writing to you at the email address you provide to us in your order.
- All orders that you place through the Online Shop will be subject to acceptance in accordance with these Terms.
- After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this email is not an order confirmation or order acceptance from White Cube. We may choose not to accept your order in our discretion for any reason whatsoever without liability to you including, without limitation, unavailability of items, an error in the price, image or product description, or an error in your order. If your credit card is charged for the purchase and White Cube subsequently rejects and/or cancels the order, White Cube will notify you and credit your credit card account for the amount charged or contact you to arrange a suitable refund method should that credit card no longer be valid.
- Acceptance of your order and the formation of a contract of sale of the goods between us and you will not take place unless and until: (i) we have sent you an email confirming that the goods have been dispatched; or (ii) in the event that you have elected to collect the goods from our address specified in clause 5.1 below, we have sent you an email confirming that the goods are ready for your collection
- The description and specification of the goods you order will be as shown on the Online Shop at the time you place your order. The images of the goods on the Online Shop are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the goods. Goods, including Editions, may vary slightly from those images.
- Artwork prices and prices of other items are subject to change over time. The price of an Edition may rise as an editioned artwork begins to sell out.
- Subject to 2.7. below, the price of the goods will be the price quoted on the Online Shop at the time your order is made. All prices are quoted in the currency shown in the Online Shop and are exclusive of delivery charges.
- Every effort will be made to ensure that prices shown on the Online Shop 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 delivery to you.
- Whether the price of the goods shown on the Online Shop is inclusive of taxes will depend on the location from which the goods will be dispatched.
- Where the goods are dispatched from the United Kingdom and unless you are notified otherwise at the point of sale, the price of the goods shown on the Online Shop 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 such that VAT is not applicable to the sale, any VAT added to the goods will be deducted from the price of the goods upon confirmation of the delivery address at check-out stage and prior to you making payment for the goods.
- Where the goods are dispatched from New York, the price of the goods shown on the Online Shop will not include taxes and New York sales tax will be added to your merchandise total.
- Payment for the goods and delivery charges can be made by any debit or credit card that is shown as acceptable on the Online Shop at the time you place your order.
- If, where permitted by these Terms, you wish to receive a refund for goods, you will need to provide White Cube with details of the debit or credit card used for the purchase of the goods.
- For non-edition goods and editions under €10,000, you will become the owner of the goods on delivery of the products to the specified address, provided that we have processed and received payment in full for the products (including all applicable packaging, insurance and delivery charges). Where you collect the goods from our address, the title to products shall pass to you once the goods have been handed over to you in store.
- For editions over €10,000, title to the Edition will pass to you on delivery of the Edition to you at the specified address, provided that White Cube has received the amount stated on the invoice in full and has satisfactorily completed any required anti-money laundering checks.
- From the time you are in receipt of the goods, risk shall pass to you and you shall be responsible for the risk of loss or damage to the goods. Where appropriate, you should make necessary arrangements to insure the goods.
- At the time of placing your order, you may elect to collect goods in person from our address at 144-152 Bermondsey Street, London, SE1 3TQ at a later date. There will be a tick box for you to make this choice at the time of placing your order. For some goods, collection will not be possible, and this will be noted on the product page.
- If you choose for goods to be delivered to you, you will be responsible for the delivery cost and, in the case of Editions, for casing costs (where applicable).
- Generally, you can check the delivery cost of your order by adding items to your cart and proceeding to ‘Go to Cart’. In this section, you can select if you would like your order to be delivered to you (rather than collected) and the relevant costs can be checked when proceeding to checkout and going through to the Shipping Method.
- The delivery address used by us will be the one you give when you place your order.
- If you opt for delivery of an edition, it will be sent to you via a secure courier service (the "Shipper"). Delivery for Editions is charged by volumetric size and weight and according to your delivery destination. White Cube will endeavour to deliver Editions within the United Kingdom and EU within fourteen (14) days after receiving payment from you and outside the EU within twenty-one (21) days of receiving your payment, or within such other period indicated at the time you place your order. You consent to White Cube providing your name, address and order details to the Shipper.
- All publications and other non-edition items ordered from White Cube are dispatched from the United Kingdom will be sent to you by Royal Mail (unless you elect to collect the items). White Cube shall endeavour to deliver these goods as soon as reasonably possible and in any event within thirty (30) days after receiving your payment, or within such other period indicated at the time you place your order.
- 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.
- Please note that we cannot ship products to certain destinations, including any country currently subject to a U.K., E.U. or U.S. embargo, sanction or other export control.
- 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 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.
- 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.
- If a product is dispatched from somewhere other than the United Kingdom, the country of dispatch will be noted on the product page. Depending on your delivery address , you may be subject to import duties, taxes and delivery service charges, which are levied once a shipment reaches your country. Any such additional charges must be borne by you. You should note that customs policies vary widely from country to country. White Cube recommends that each customer contacts their local customs office for further information.
- Please be aware that cross-border shipments are subject to opening and inspection by customs authorities.
- No copyright or other intellectual property rights in an Edition, artwork or other items are granted to you and the Artist’s moral rights are asserted.
- You may not produce any image of an Edition and may not, at any time, publish or submit for publication or reproduction any image of the Edition to any third party, including any internet website for any purpose.
- If you breach any of your obligations under this clause, you agree that:
- the payment of damages will not be a sufficient remedy to compensate us or the Artist for your breach;
- we may, and the Artist may, apply to the court for an order to prevent you from continuing to breach your obligations under these Terms;
- we may, and the Artist may, contact the operator of any internet website on which the Edition is being offered for sale at your direction, if such offer is being made within five years of your purchase of the Edition, and instruct such operator on your behalf to remove the offer for sale due to its being in breach of these Terms; and
- we may, and the Artist may, contact the operator of any social media account or website on which an image of the Edition has been placed by you or at your direction, and instruct such operator, on your behalf, to remove the image from its social media account or website.
7. RESTRICTIONS ON USE AND NO RIGHT OF RESALE
- 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.
- If you are a business, unless otherwise expressly agreed in writing with you, we only supply goods for internal use by your business and you agree not to use the goods for any re-sale purposes.
You acknowledge and agree to comply with the following before purchasing an Edition from White Cube:
b. Sales are strictly limited to one edition of each artwork per household.
c. You will be allocated an edition number at the point of sale.
d. Sales to dealers (being individuals or companies which buy and sell art by way of business) are strictly prohibited and the Edition must not be purchased for onward sale.
e. You agree not to make the Edition available for resale for a period of five years without first offering it back to White Cube at fair market value. White Cube shall be entitled to rescind the sale of the Edition for breach of this clause.
f. After purchasing the Edition, you shall not buy other editions of the same artwork, either by purchasing further editions directly or by asking third parties to purchase further editions on your behalf.
g. White Cube is regulated for the purposes of anti-money laundering and is required to carry out statutory customer due diligence checks on all orders for editions which exceed €10,000. Any funds received will be rejected and title to the Edition will not pass to the Purchaser until these checks have been satisfactorily completed.
If (in the reasonable opinion of White Cube) you are attempting to circumvent or have breached any of the above restrictions following your purchase of an Edition, White Cube reserves the right to (without limiting any other rights available under these Terms or at law): (a) cancel the sale of the relevant Edition (in which case you will return the Edition to us at your cost in the same condition in which it was purchased); and/or (b) refuse to make further sales to you.
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.
10. YOUR RIGHT OF CANCELLATION AS A CONSUMER
- If you are contracting with us as a consumer, you have the right to cancel the contract with White Cube (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the "Regulations")), at any time up to the end of fourteen (14) days after the day on which you (or someone you nominate) receive the goods in accordance with this clause 10. Any paid delivery charge will be included in your refund once we have received all (not part) of your order to the specified address. Please note that the delivery charge refund will be to the value of standard delivery.
- To exercise your right of cancellation, you must inform us of your decision to cancel the contract in writing within fourteen (14) days after the day on which you receive the goods ordered, by hand or post or email, to the address shown at clause 1.1 or email address shown at clause 1.9 above, giving details of the goods ordered and (where appropriate) their delivery.
- If you exercise your right of cancellation after the goods have been delivered to you, you must take reasonable care of the goods while in your possession. 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 clause 1.1 above by courier, if you are returning Editions or other artwork, or by registered post if you are returning publications or other items. The goods must be returned without undue delay and in any event not later than fourteen (14) days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back any goods before the period of fourteen (14) days has expired. You will have to bear the direct cost of returning any goods to us. 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. You are only liable for any diminished value of the goods resulting from the unnecessary handling of the goods in excess of what is necessary to establish the nature, characteristics and functioning of the goods.
- We will make any refunds due to you as soon as possible. If you are exercising your right of cancellation under clause 10.1, your refund will be made within fourteen (14) days from the day on which we receive the good(s) back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. In all other cases, your refund will be made within fourteen (14) days of you telling us you have changed your mind.
- Where you have paid any duties or taxes directly to the relevant authorities on the importation of the goods you wish to return, White Cube shall have no liability in relation to any claim for a refund of such duties or taxes from the authorities or whether or not such a refund is possible.
- 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.
- You do not have the right to cancel the contract if the order is for sealed audio or sealed 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.
11. RETURNSShould you wish to cancel or return any goods, you may only do so in accordance with our Returns Policy. This Returns and Cancellation Policy does not affect your statutory rights as a consumer (including, where applicable, your rights under the Regulations).
12. ANTI-MONEY LAUNDERING CHECKS
White Cube is regulated for the purposes of anti-money laundering and is required to carry out statutory customer due diligence checks on all of our customers who purchase an artwork worth €10,000 or more, or who spend more than €10,000 in a series of linked transactions.
A member of our compliance team or our third-party service provider will be in contact should your purchase require these checks. Any funds received will be rejected and title to the artwork will not pass to the Purchaser until these checks have been satisfactorily completed.
13. DATA PROTECTION
A. If you are a consumer:
- Nothing in this clause 14.A.1 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 breach 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 your; of satisfactory quality; fit for any particular purpose made known to us; or defective products under the Consumer Protection Act 1987.
- Subject to clause 14.A.1 above, except as expressly stated in these Terms, we shall not be liable for business losses (including loss of profits, loss of business or loss of anticipated savings) which you may suffer in connection with your order of goods. Any liability to you for losses you suffer arising from your order of goods shall be limited to the price paid for the item (excluding any delivery costs and VAT) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time the contract is formed.
- Subject to clause 14.A.2 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 clauses 1.1 and 1.9 above.
- 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.
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.
B. If you are a business:
- Nothing in this clause 14.B 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 or section 2 of the Supply of Goods and Services Act; or any matter which it would be unlawful for us to exclude or restrict liability.
- Subject to clause 14.B.1 above, we hereby exclude:
- all conditions, warranties and other terms which might be implied into these Terms by law or otherwise;
- 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 but not limited to loss of revenue, loss of profit, or loss of business and whether caused by tort (including negligence), breach of contract or otherwise;
- any liability for delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond White Cube’s reasonable control;
- any liability 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 clauses 1.1 and 1.9 above.
- Subject to clauses 14.B.1 and 14.B.2, our total liability to you for all losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the price paid by you for the item(s) (excluding any delivery costs and VAT).
15. RIGHTS OF THIRD PARTIES
No person other than you and White Cube has any rights under these Terms other than in respect of clause 9 above which confers a benefit on the Artist and is intended to be enforceable by the Artist.
These Terms and sales of goods including Editions are governed by and shall be construed in accordance with English law. Disputes arising in connection with these Terms be subject to the non-exclusive jurisdiction of the English courts.
B. RETURNS AND CANCELLATION POLICY