Terms and Conditions
Whitechapel Gallery Ventures Limited Terms and Conditions of Contract
I confirm acceptance of the below Terms and Conditions and in particular, I consent to the use of personal data in condition 6 below.
- Introduction
These terms and conditions (‘Terms and Conditions’) apply to the sale to you by the Whitechapel Ventures Limited (‘the Whitechapel’) of any limited edition print or any other piece of artwork (the “Artwork”) by any artist (the ‘Artist’) either at the Whitechapel’s premises or through its website.
- Orders and Prices
2.1 In respect of an order made through the Whitechapel’s website, the maximum order quantity for any one item is at the discretion of the Gallery and Whitechapel Gallery reserves the right to refuse an order. To place an order, select the number of items you wish to buy, then click on checkout and enter your personal details onto the form. Your order will then be sent to the Whitechapel by e-mail. You can also order by telephone on +44 (0) 207 522 7888 or by fax on +44 (0) 207 377 1685.
Your order will then be sent to the Whitechapel by e-mail. You can also order by telephone on +44 (0) 207 522 7888 or by fax on +44 (0) 207 377 1685.
2.2 Artwork prices are subject to change. Prices may rise as an edition of an Artwork begins to sell out. Every care has been taken to ensure accuracy of description, specifications, colour and price of all products. However, these may change due to circumstances beyond our control. Please be aware that handmade items are subject to variations in size, colour and shape owing to the unique nature of the product. All items are offered subject to availability.
- Delivery
3.1 Delivery of the Artwork shall be made by you collecting the Artwork from the premises of the Whitechapel at the time of purchase or at any other date and time so agreed.
3.2 If you purchase the Artwork through the Internet or Mail Order, delivery will be made by the Whitechapel delivering the goods to the address specified in your order. Delivery will be made through Crossflight Global Express Courier, Mail and Logistics (or alternative courier services if applicable) for UK orders and International courier services for non-UK orders. All delivery charges will be payable by you. Please allow up to 21 days for delivery.
3.3 Delivery to you will be deemed to have occurred once the packaged, stamped and addressed Artwork is placed with the Courier service, or such other carrier as we may use.
3.4 Where you request for delivery other than in accordance with condition 3.1, the Whitechapel shall be under no obligation under section 32 (2) of the Sale of Goods Act 1979.
- Title and Risk
Title and risk in the Artwork shall pass to you when the Whitechapel has received the payment price for the Artwork in full, in cash or in cleared funds, whether or not delivery has been made. Upon such payment, you will be responsible for the Artwork, the risk of damage to or loss of the Artwork will pass to you and you shall be responsible for insuring the same.
- Ownership of Copyright
5.1 The Artist has worked with the Whitechapel and produced the Artwork as a special commission in conjunction with an exhibition of Artist’s work shown by the Whitechapel. The Artwork was produced with the intention that it will be sold exclusively through the Whitechapel. The Artist and the Whitechapel have agreed that the Artwork may not be resold and accordingly, you agree that you will not do so.
5.2 In addition, but without prejudice to your undertakings set out at condition 5.1 above, you may not sell or offer to sell the Artwork on any internet-based site of any description.
5.3 In accordance with the Copyright, Designs and Patents Act 1988, copyright in the Artwork shall remain the property of the Artist at all times.
5.4 You may not produce any image of the Artwork and may not, at any time, publish or submit for publication or reproduction of any image of the Artwork to any third party, including any internet website, for any purpose.
5.5 If you breach any of your obligations set out under condition 5.3 you agree that the payment of damages alone may not be a sufficient remedy to compensate the Whitechapel or the Artist for any such breach. We and/or the Artist may carry out all or any of the following actions:
5.6 Apply to the Court seeking an Order to prevent you from continuing to breach your obligations under these Terms and Conditions;
5.7 Apply to the Court seeking an Order that the Artwork or any item or items produced in breach of these Terms and Conditions shall be delivered up to us carriage paid;
5.8 Apply to the Court seeking an Order to require that any items produced in breach of these Terms and Conditions shall be destroyed; or
5.9 Apply to the Court seeking an Order to require that any offer for sale or image of the Artwork placed by you (whether directly or indirectly) on any internet website is removed.
5.10 The list set out above is not exhaustive and you will indemnify us in respect of the cost of any steps taken pursuant to condition 5.5 as a result of your breach of these Terms and Conditions.
- Data protection
6.1 By signing these Terms and Conditions you agree that Whitechapel Gallery may store personal data you provide in this transaction in accordance with The Data Protection Act 2018 within our secure in-house payment system supplied by Shopify which is connected to Sagepay. The transaction is accessible with password protection to the Gallery’s Commercial and Marketing staff. The legal basis for this is to fulfil a contract, meaning to ensure that you correctly receive the product you have purchased. We will use your data to ensure that we continue to provide a high-quality service, for business development and sales analysis, using legitimate interest as a legal basis. With your consent we will email you regarding special Editions and Publications promotions via MailChimp. Your personal data will not be shared further by the Whitechapel Gallery.
6.2 You consent to the Whitechapel revealing personal data to the Artist should you breach these Terms and Conditions.
- Liability of the Whitechapel
7.1 Except in respect of death or personal injury caused by the Whitechapel’s negligence, The Whitechapel shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Whitechapel, its employees, agents, sub-contractors or otherwise) which arise out of or in connection with the sale of the Artwork or its use by you and the entire liability of the Whitechapel under or in connection with the sale of the Artwork to you shall not exceed the total sum paid under the invoice for the Artwork.
7.2 The Whitechapel does not accept any liability for damage to the Artwork caused by your own negligence or fault, in particular, but not restricted to, in the maintenance of the Artwork.
8. Rights of Third Parties
No third party shall have any rights under the Contracts (Rights of Third Parties) Act 1999 in connection with these Terms and Conditions other than in respect of condition 5 above, which confers a benefit on the Artist and is intended to be enforceable by the Artist.
- Cancellation rights
9.1 Please note that you cannot cancel this contract. Accordingly, all in person Artwork sales are final and Whitechapel does not offer refunds in the instance of Artworks purchased in person at the gallery, art fairs or any such other point of sale. Credit notes for Artworks purchased in person are at the discretion of the Gallery.
9.2 Whitechapel shall offer either a refund or credit note for editions purchased online or via telephone under the Consumer Contracts Regulations; you have the right to cancel at any time from the moment you place your online order, and up to 14 days from the day you receive your goods. Please contact the gallery at editions@whitechapelgallery.org to notify us in writing of your wish to cancel your order within this time period. You will then have a further 14 days from the date you notify the Whitechapel Gallery of your cancellation to return the goods. Unwanted Artworks must be returned including a receipt as proof of purchase, certification as applicable and be in resaleable condition. We reserve the right to refuse credit for any item that it is not in a good resaleable condition. We cannot authorise credit for any goods without proof of purchase and costs associated with returning unwanted Artworks shall be the responsibility of the buyer.
9.3 Please note that in the instance of works to be framed, once the Artwork has been passed over to Frame London (or alternative framing services if applicable), the Artwork shall thus be considered made to order and will be exempt from the returns outlined in condition 9.2. For faulty, damaged or incorrectly supplied frames, please contact Frame London directly and Whitechapel does not accept responsibility in this instance.
9.4 In cases of goods that are faulty, damaged or incorrectly supplied, please contact editions@whitechapelgallery.org to organise returning the goods to the Whitechapel Gallery. Where you cannot return goods in person, we recommend that you use registered post or recorded delivery to return goods to us to ensure safe delivery. Whitechapel Gallery shall use reasonable efforts to replace damaged or incorrect goods, but if replacement is not possible, or if an order is cancelled for any other reason, we will only be obliged to refund the full amount paid by you.
- Waiver
No failure or delay by the Whitechapel in exercising any right, power or privilege shall impair the same or operate as a waiver of the same, nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right power or privilege. The rights and remedies provided in these Terms and Conditions are cumulative and not exclusive of any rights and remedies provided by law.
- Severance
If any provision of these Terms and Conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and Conditions, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions.
- Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with English law and the parties irrevocably submit to the non-exclusive jurisdiction of the English courts.
Nothing contained in these Terms and Conditions affects your statutory rights.