GENERAL BUSINESS TERMS AND CONDITIONS
WHITE & WEISS, s.r.o.
ARTICLE I .
SCOPE OF APPLICATION
These General Business Terms and Conditions ("Business Terms") shall govern any and a l l obligations that have arisen or
wi l l arise prior to the execution of the purchase contract between the seller: artwork author or owner ("Seller") represent
edbytheagent : WH ITE&WEISS s.r.o. , with registered office at : Krátka 4 , 81103 Bratislava , Business Identification (IČO) :
36 843 962, registered in the Commercial Register of Bratislava I District Cou r t , Section: Sro, File No. : 48263/B ("WHITE &
WEISS" or "Agent") and the buyer ("Buyer").
ARTICLE I I .
ORDERS AND PURCHASE CONTRACTS
1 . In order to make any purchases at www.whiteweiss.com, the Buyer needs to register at the website.
2 . To buy artwor k ("Artwor k " ) , the Buyer needs to place an order at www.whiteweiss.com by completing an electronic order
form ("Order"). The Buyer is required to fi l l a ll the mandatory f ields of the Order form. Unless the Buyer completes all the
mandatory fields, the Order form wi l l not submi t .
3 . A submitted Order containing all the required data (i.e. properly completed) shall be deemed an offer to execute a contract
and shall be effective once delivered to WHITE & WEIS S . After the Order is delivered, WHITE & WEISS wi l l send an e-mail
notification to the Buyer. Once the Order i s accepted by WHITE & WEISS, a purchase contract is deemed to have been executed
between the Seller, who i s represented by WHITE & WEISS, and the Buyer.
4 . The Seller agrees to deliver the purchase subject (Artwork) specif ied in the Order to the Buyer and transfer the t i t le to
the Artwor k to the Buyer.
5. The Buyer acknowledges that it buys the Artwork as pictured in the relevant photo and having the properties provided in
the applicable description of the Artwor k sol d .
ARTICLE I I I .
PURCHASE PRICE AND PAYMENT
1. The Buyer shall pay the purchase price ("Purchase Price") for the Artwork inclusive of VAT to the account of WHITE & WEISS.
2. The Purchase Price is the price listed on www.whiteweiss.com next to the Artwork at the time of Order placement. By placing an Order the Buyer agrees with the price quoted in the Order and the Artwork properties listed on www.whiteweiss.com at the time of Order submission.
3. The costs of Artwork packaging ("Packaging Costs") are included in the Purchase Price.
4. The Purchase Price does not include the costs the Seller has incurred as a result of Artwork delivery or any other costs, expenses, and fees it has otherwise incurred in relation to the delivery of the Artwork (such as customs duties).
5. The costs of Artwork delivery ("Delivery Costs") depend on the Artwork delivery method chosen by the Buyer (Article IV (5)). Where the Buyer opts for having the Artwork delivered by a courier company (courier), the Delivery Costs will correspond to the applicable rates listed in section "Rates" available on http://www.whiteweiss.com/en/postage-and-transport/. The Buyer acknowledges that the Delivery Costs depend in particular on the place of delivery (address provided by the Buyer in the Order) and the weight of the Artwork. Final Delivery Costs will be billed in the invoice that will be delivered to the Buyer as specified in this Article.
6. The Buyer has several options of paying the Purchase Price, the VAT, and the Delivery Costs:
a) wire transfer 2922846394/1100, IBAN: SK87 1100 0000 0029 2284 6394, SWIFT: TATRSKBX
b) payment against invoice, or
c) card payment.
7. The Buyer shall indicate the method of Purchase Price payment in the Order.
8. If the Purchase Price (inclusive of the Delivery Costs) payment is made by wire transfer, it will be deemed paid once the amount is credited to the account of WHITE & WEISS.
9. If payment against invoice is chosen, the invoice will be sent electronically to the Buyer to the e-mail address provided in the Order. The Buyer agrees with the invoice being issued and sent electronically.
1. The Seller agrees to process all accepted Orders within 10 days of Order acceptance. WHITE & WEISS or the Seller shall inform the Buyer of the Order status by sending an e-mail to the e-mail address the Buyer provided in the Order or by other appropriate means.
2. In the event the deadline for delivering the Artwork provided in Clause 1 of this Article is exceeded (not met) by more than 3 days and before sending the Artwork to the Buyer, the Buyer is entitled to cancel the Order. WHITE & WEISS shall then send an e-mail notifying the Buyer that the Order cancellation was accepted or shall notify the Buyer by other appropriate means.
3. If an Artwork cannot be delivered to the Buyer because the Artwork is either unavailable or there are other reasons, WHITE & WEISS or the Seller shall inform the Buyer by sending an e-mail to the e-mail address the Buyer provided in the Order or by other appropriate means.
4. Instead of delivering the Artwork specified in the Order, the Seller and the Buyer may agree an on alternative performance. In the event the Seller and the Buyer have agreed on an alternative performance, the Seller, represented by WHITE & WEISS shall enter into a new contract with the Buyer.
In the event the Artwork cannot be delivered to the Buyer because the Artwork is either unavailable or there are other reasons and the Seller and the Buyer have not agreed on an alternative performance, the purchase contract shall be treated as cancelled from the outset. Purchase contract (Order) cancellation shall be notified to the Buyer by WHITE & WEISS or the Seller.
5. The Artwork may be delivered to the Buyer as follows:
a) by way of a courier or courier company to the address the Buyer provided in the Order
6. The risk of damage to the Artwork shall transfer from the Seller to the Buyer once the Buyer accepts the Artwork.
7. The title to the Artwork shall transfer to the Buyer once the Artwork is accepted and the Purchase Price is fully paid (inclusive of the VAT and the Delivery Costs).
8. The Buyer shall take over the Artwork at the place and time agreed, either personally or through an authorised (third) person.
ARTWORK RETURNS AND PAYMENT REIMBURSEMENT
1. Pursuant to Section 7 (1) of Act No. 102/2014 Coll. on consumer protection in the sale of goods or the provision of services based on remote contracts or contracts made outside of seller's business premises as amended ("Act"), the Buyer is entitled to withdraw from the contract, without being obliged to provide a reason for the withdrawal, and may do so within 14 days of accepting the Artwork.
2. The Buyer agrees to read the Instructions for Exercising Consumer's Withdrawal Right (Schedule 1) prior to exercising its right to withdraw from the contract.
3. The Buyer may exercise its withdrawal right as per Clause 1 of this Article by sending a written withdrawal notice to the address of WHITE & WEISS, Krátka 4, 811 03 Bratislava or by e-mail to email@example.com. The Buyer may use the withdrawal form available on www.whiteweiss.com. Having properly packaged the Artwork, the Buyer shall send it jointly with a copy of the invoice and proof of payment within 14 days of withdrawal to the address of WHITE & WEISS provided in Clause 3 of this Article. The period shall be deemed observed if the Artwork was delivered for shipping no later than on the last day of the period.
4. The Seller shall reimburse to the Buyer without undue delay but no later than 14 days of the withdrawal notice delivery any and all payments the Buyer made to the Seller based on or in relation to the contract including the Delivery Costs applicable to the ordered Artwork.
5. The Seller is not obliged to reimburse any payments to the Buyer under Clause 5 of this Article before the Artwork is returned.
6. The costs of returning the Artwork ordered shall be borne by the Buyer. The Buyer shall also bear the costs of returning the Artwork, which, considering the nature of the Artwork, cannot be returned by mail.
7. The Buyer shall be liable for any decrease in Artwork value attributable to any treatment in excess of usual handling of the Artwork.
1. The Seller agrees to deliver the Artwork free of defects.
2. The Seller shall be liable for any and all defects of the Artwork sold, i.e. the Artwork as pictured in the published photo (Article II (5) Business Terms) upon receipt by the Buyer, meaning that the Seller shall not be liable for any defects of the Artwork frame and/or glass unless pictured in the photo published.
B. Requirements of Making Damage Liability Claims
1. The Buyer shall thoroughly inspect and check the Artwork upon receipt. If any defects are discovered, such as mechanical damage, the Buyer shall draw up a report without undue delay with the carrier (courier, courier company) of the Artwork or the Seller to record the defects established and shall file a complaint with WHITE & WEISS without undue delay. Any complaints of apparent Artwork defects including Artwork incompleteness (shortcomings), filed at a later point in time, shall disregarded.
2. The Buyer shall exercise its right to lay claims under liability for other defects (those that were not apparent upon Artwork receipt) without undue delay after the Buyer discovered any such Artwork defect.
3. The right to lay claims under liability for Artwork defects shall not apply to any defects attributable to wear & tear, mechanical damage, use of the Artwork in unsuitable conditions (such as climatic conditions), etc.
4. The Buyer acknowledges that Artwork defects shall not include any damage caused to the Artwork by normal deterioration due to the passing of time, or any damage indicated in the Artwork description (properties) or any damage pictured in the published Artwork photo.
C. Making Damage Liability Claims
1. The Buyer may file its complaint with WHITE & WEISS.
2. The Buyer is entitled to file its complaint in writing, by sending a letter to the address of WHITE & WEISS, Krátka 4, 811 03 Bratislava or by e-mail to firstname.lastname@example.org.
3. Prior to dispatching the Artwork as part of a complaint, the Buyer shall properly package the Artwork (identically as it was packaged at the time of receipt), allowing for the Artwork type. The Buyer shall be in particular liable for any damage caused to the Artwork as a result of or in relation to a breach of Buyer's obligations provided in this Clause.
4. In the complaint letter, the Buyer needs to describe in detail any and all Artwork defects and provide the address, including e-mail address, which WHITE & WEISS can use to notify the Buyer of the complaint status, and the damage liability claim it wishes to exercise.
5. Jointly with the complaint, the Buyer shall submit the Artwork invoice and proof of payment of the Artwork Purchase Price.
6. Failure to submit the documents in Clause 5 will result in dismissal of the complaint.
7. The complaint procedure shall start on the date when the Artwork is returned jointly with the relevant documents (specified in Clause 5 of this Article) to WHITE & WEISS.
8. In the event Buyer's complaint letter is incomplete (illegible, unclear, incomprehensible or does not contain the required documents), WHITE & WEISS shall send an e-mail or notify the Buyer by other appropriate means and request that the complaint be completed. In this case, the complaint procedure shall start on the day when the completed complaint is delivered by the Buyer.
9. Unless the Buyer completes the complaint, it shall be deemed unjustified.
10. WHITE & WEISS shall inform the Buyer without undue delay of the receipt of the complaint and to this effect it shall send the Complaint Receipt Confirmation by e-mail to the e-mail the Buyer provided as per Clause 4 of this Article or by other appropriate means, but no later than jointly with the sending of the notification of complaint settlement.
D. Complaint Settlement
1. WHITE & WEISS (or the person designated) shall advise the Buyer of its rights under Section 622 and Section 623 of Act No. 40/1964 Coll. Civil Code as amended, and depending on which right the Buyer wishes to exercise, WHITE & WEISS shall forthwith determine the method of complaint settlement, in complicated cases within 3 working days of the date the complaint was made, and in justified cases, in particular where a comprehensive technical appraisal of the Artwork condition is required the complaint shall be settled within 30 days of the day it was made.
2. Once the method of complaint settlement is determined, the complaint shall be settled forthwith, and if justified, complaints may also be settled at a later time; however, the complaint settlement shall not take longer than 30 days of the date when the complaint was made. Once the period for complaint settlement expires, the Buyer has the right to withdraw from the contract or to have the Artwork exchanged for a new Artwork, if the circumstances allow.
3. WHITE & WEISS shall issue a written confirmation of complaint settlement to the Buyer, and that no later than 30 days of the date the complaint was made.
4. WHITE & WEISS shall inform the Buyer on complaint settlement by letter or e-mail.
FILING MOTIONS AND GRIEVANCES
1. The Buyer, in its capacity as consumer, is entitled to file written motions and grievances in the form of letters and send them to the address of WHITE & WEISS, Krátka 4, 811 03 Bratislava or by e-mail to email@example.com.
2. WHITE & WEISS shall inform the consumer (Buyer) of the evaluation of the motion or grievance, and that by e-mail or letter sent to the address provided by the Buyer in the motion or grievance or by other appropriate means.
FIRST OPTION TO BUY OF WHITE & WEISS
1. The Buyer, the Seller and WHITE & WEISS hereby agree that in the event the Buyer wishes to further transfer the title to the Artwork, WHITE & WEISS shall have first option to buy the transferred Artwork as provided in Section 602 of Act No. 40/1964 Coll. Civil Code as amended.
2. Before transferring the Artwork to a third party, the Buyer agrees to first make a written proposal to offer the transferred Artwork to WHITE & WEISS at the Purchase Price and under the terms and conditions comparable to the conditions laid down herein.
1. The Seller and WHITE & WEISS shall use the personal data provided by the Buyer solely for the purpose of processing the Order placed by the Buyer and for their own marketing purposes.
2. The Seller and WHITE & WEISS agree to protect any and all personal data provided by the Buyer, as required by the generally binding legal regulations, in particular Act No. 122/2013 Coll. on data protection as amended.
3. The Seller and WHITE & WEISS shall not transfer the personal data they have received from the Buyer to any third parties, except in cases where it is expressly provided or necessary.
4. In compliance with the Data Protection Act, by submitting the Order, the Buyer grants consent to the Seller and WHITE & WEISS to process its personal data contained in the Order, to handle the Order and for the purposes set forth in this Article.
5. The Buyer hereby grants of its own will the consent pursuant to Clause 4 of this Article to the Seller and WHITE & WEISS and the consent shall be valid until revoked. The Buyer is entitled to revoke its consent at any time.
ALTERNATIVE DISPUTE RESOLUTION
1. In the event the Buyer is not satisfied with the way the Seller handled its complaint or if the Buyer is convinced that the Seller has violated its rights, the Buyer is entitled to apply for redress with the Seller. The Buyer may file its application as per the first sentence of this Article by e-mail to firstname.lastname@example.org.
2. The Buyer has the right to file a motion for alternative dispute resolution to an agency conducting alternative dispute resolution as provided in Section 11 (2) of Act No. 391/2015 Coll. on alternative dispute resolution as amended ("Alternative Dispute Resolution Act"), provided the Seller has dismissed the application under Clause 1 of this Article or failed to respond to it within 30 days of the application date.
3. The Buyer may file a grievance also through the RSO alternative dispute resolution platform at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
4. The Buyer is entitled to file the application under Clause 1 of this Article only if it is deemed a consumer as per Section 2 (1) (a) of the Alternative Dispute Resolution Act, i.e. an individual who does not act in the scope of its business, employment or vocation at the time of execution and performance of the consumer contract.
1. These Business Terms come into operation and effect on June 1st 2016. These Business Terms, as amended, shall be available at all times on the website of WHITE & WEISS www.whiteweiss.com and shall be also available for inspection at the offices of WHITE & WEISS, Krátka 4, 811 03 Bratislava.
2. WHITE & WEISS reserves the right to amend these Business Terms. Amended Business Terms (including any additions or changes) shall come into operation and effect on the date they are published on the website of WHITE & WEISS www.whiteweiss.com. Amended Business Terms shall also be available for inspection at the offices of WHITE & WEISS, Krátka 4, 811 03 Bratislava.
3. Once the Buyer submits the Order and the Order is accepted by WHITE & WEISS, these Business Terms shall automatically become binding on the parties, and regardless whether these Business Terms are attached to the Order or contract, they shall form an inseparable part thereof.
4. Schedule 1 - Instructions for Exercising Consumer's Withdrawal Right and Schedule 2 – Withdrawal Form shall both form an inseparable part of these Business Terms.
5. By submitting the Order, the Buyer confirms that it has properly read these Business Terms including the schedules hereto, has understood and accepts the same without any reservations and represents that it shall abide by them.
6. Subject to written consent of WHITE & WEISS, the Seller and the Buyer may agree to exclude the application of certain provisions of the Business Terms.
7. Any legal relations not specifically provided herein and existing prior to the execution of the purchase contract between the Seller represented by WHITE & WEISS and the Buyer as consumer as per Section 2 (a) of Act No. 250/2007 Coll. on consumer protection as amended, shall be governed by Slovak laws, in particular Act No. 40/1964 Coll. Civil Code as amended and other applicable Slovak legal regulations.
8. Any legal relations not specifically provided herein and following from the execution of the purchase contract between the Seller represented by WHITE & WEISS and the Buyer, who is not a consumer as per Section 2 (a) of Act No. 250/2007 Coll. on consumer protection as amended, shall be governed by Slovak laws, in particular Act No. 513/1991 Coll. Commercial Code as amended and other applicable legal regulations.
9. In the event of litigation, court jurisdiction shall be determined based on the provisions of Act No. 99/1963 Coll. Code of Civil Procedure as amended, and the venue shall be determined based on the address, place of business or residence of the defendant.
INSTRUCTIONS FOR EXERCISING CONSUMER'S WITHDRAWAL RIGHT
1. Right to withdraw from contract
- You have the right to withdraw from the contract within 14 days without the need to provide a reason for the withdrawal.
- The withdrawal period of 14 days starts on the date when you receive the Artwork.
- In case you wish to exercise the withdrawal right, be so kind to inform us accordingly in writing (e.g. by way of a letter sent by mail, fax or e-mail) to WHITE & WEISS s.r.o., Krátka 4, 811 03 Bratislava, or by e-mail: email@example.com.
- You may also want to use the withdrawal form template we have provided or sent to you for this purpose.
- The withdrawal period remains intact if you send the withdrawal notice before the withdrawal period expires.
2. Withdrawal consequences
- After you withdraw from the contract, all payments you have made in relation to the contract execution, in particular the purchase price inclusive of the costs of delivering the Artwork to the address you provided, will be reimbursed to you. The reimbursement will be made without undue delay but no later than 14 days of the date when we have received your withdrawal notice. The payment method will be the same as the one used to make your payment, unless you have expressly requested another method, without any further charges.
- The reimbursement for the purchased Artwork can be made only after the Artwork is returned to our address or after submission of a relevant proof that the Artwork was indeed sent back to us, whatever occurs first.
- Be so kind to send the Artwork back to us or bring it to our offices no later than 14 days of the date you exercise your withdrawal right. The period is deemed to be observed if the Artwork is sent back to us before the 14-day period expires.
- The costs of returning the Artwork to us will be borne by you.
- You are liable for any decrease in Artwork value occurring as a result of any handling beyond the handling necessary to establish the nature, properties and functionality of the Artwork.