General Contract Terms and Conditions (T&C)

Art and community are the main pillars of our work. But because our offer is also certainly about business (for all the parties involved), there is no avoiding the necessity of giving these transactions a uniform basic contract. This is the purpose of the rules set out below, which we agree are binding between you and us.

('us' being

WhiteWall Media GmbH

Europaallee 59

50226 Frechen

Germany

Tel.: +1-888-861-4881

WhiteWall.com

E-Mail: info@whitewall.com)

Our GTC are intended to regulate the business relationship between you and us in a binding and fair manner. Therefore, the basis for all orders and contracts is always the following General Terms and Conditions of WhiteWall Media GmbH, of which you confirm acknowledgment and comprehension by placing an order or logging into your customer account with us. You can view the terms and conditions here and print them out if required.

The following General Terms and Conditions shall apply exclusively to the business relationship between WhiteWall and the customer in the version valid at the time of the order. Any deviating terms and conditions from the customer side shall not be recognized by WhiteWall unless WhiteWall has expressly agreed to their validity in writing.

We would also like to point out the following in advance: The papers, dyes, chemicals and other materials used in our source materials and manufacturing processes may, like other dyes, change slightly over time, sometimes even from one production batch to the next. In particular, changes may occur over time due to high temperatures, high humidity – or high fluctuations thereof – as well as solar radiation. In order for you to enjoy our products for an extended time, the photographs, laminations and frames should not be exposed to direct sunlight in whole or in part, nor hung directly over heaters, nor exposed to humidity levels exceeding those of normal residential spaces. Accordingly, photographs, laminations and frames are not suitable for outdoor spaces, basements, bathrooms and kitchens. Laminations with UV protective film or acrylic glass and wooden frames are very sensitive to scratches and stains and should therefore only be handled with gloves or comparable protection.

GENERAL RULES

1. Who is permitted to register?

We ask for your understanding that only natural persons, legal entities or partnerships with unlimited legal capacity are permitted to register with us. In particular, minors are not allowed to register with us. We are compelled to ask that you provide complete and correct information as requested by us during registration, e.g. first and last name, current address (no P.O. Boxes) and telephone number (no value-added service numbers), a valid e-mail address and, if applicable, your tax number(s) and information on VAT liability. We are entitled, but not obliged, to check the accuracy of the information provided. If you are registering on behalf of a legal entity, this registration may only be made by a natural person who is authorized to represent the entity, and whose name is required. If the data provided changes after registration, you are obliged to correct the information in your account immediately. You choose a username (your email address) and password when you register. The user name may not infringe upon the rights of third parties – in particular naming or trademark rights – and it may not be misleading and may not violate morality or the law. We are entitled to define formal requirements and restrictions for new usernames or to reject usernames – even at a later date.

2. What services do we provide?

At your request via the input tools provided at WhiteWall, we will perform the following services: From the digital template provided by you, we will create physical prints, i.e. digital data reproduced on a mounting material with optional framing or lamination, e.g. for your own use or for resale, as well as coffee table books. In addition, we also create prints of photographs from our collection of images according to your individual specifications. You may also purchase vouchers and product sample boxes.

3. What is the process for ordering from WhiteWall?

The presentation of products in the online store does not constitute a legally binding offer, but a non-binding online catalog. The products selected by you via the button "Add to shopping cart" will be summarized once again in an order overview at the end of the ordering process. In this case, you should check all the information provided during the ordering process and complete or correct it using the "Edit" button. By clicking the "Buy now" button, you are submitting your order information and making a binding declaration to WhiteWall that you wish to purchase the products listed there (offer). We automatically accept your offer upon receipt of your order. Immediately after submitting the order, you will receive an order and contract confirmation by e-mail, in which the details of your order will be listed again. At the end of your order, you will receive a one-time e-mail invitation to participate in a voluntary satisfaction survey after the goods have been shipped.

The text of your order will be stored by us and can be sent to you upon request after completion of your order. For your security, WhiteWall recommends that you print out the order details and the General Terms and Conditions in force at the time of ordering. German is the contractual language available to you.

If the customer's domestic or foreign VAT identification number cannot be validated as part of the qualified confirmation request via the European Commission's VAT Information Exchange System (VIES) or if the customer has not provided a VAT identification number when placing the order, the order will be invoiced subject to VAT even in the case of a cross-border delivery. The risk of non-validation of the VAT identification number provided shall be borne by the customer, insofar as this is due to circumstances for which WhiteWall is not responsible.

4. How can I cancel my order?

4.1 We would like to point out that for works from the WhiteWall photo lab as well as for works with a freely selectable size, equipment, refinement or detail design ("individual product") from the WhiteWall image world, the right of revocation is excluded, as the created works are individually produced according to your specifications and tailored to your personal needs. For individual products, the right of revocation of the order according to § 312(g)(2)(1) of the German Civil Code (BGB) (right of revocation and return for distance sale contracts) is excluded.

4.2 Validity of the right of withdrawal for vouchers and product sample packages.

CANCELLATION POLICY

Right of withdrawal

You have the right to withdraw from this contract for vouchers and/or product sample packages within fourteen days without providing any reason.

The withdrawal period is fourteen days from the day on which you have, or the third party (who is not the carrier) named by you has, taken possession of the goods when you have ordered one item or several items as part of a single order and the goods are delivered in one overall delivery.

In order to exercise your right of withdrawal, you must inform us, WhiteWall Media GmbH, Europaallee 59, 50226 Frechen, Germany, Tel.: +1-888-861-4881, e-mail: info@whitewall.com by means of a clear declaration (e.g. an e-mail or a letter sent by post) of your decision to withdraw from this contract. You may use the sample withdrawal form attached for this purpose, but it is not mandatory to do so.

In order to comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

When you withdraw from this contract, we will reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that were used by you for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse to refund you until we have received the goods back or you have provided proof that you have returned the goods, whichever occurs earlier.

You must return the goods immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is considered met if you have sent the goods before the deadline of fourteen days.

You bear the direct costs of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods in a way which is not necessary for inspecting the condition, properties and functioning of the goods.

Legal right of withdrawal & sample withdrawal form:

SAMPLE WITHDRAWAL FORM

(If you wish to withdraw from the contract, please fill out and return this form)

To: WhiteWall Media GmbH

Europaallee 59

50226 Frechen

Germany

E-Mail: info@whitewall.com

I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/ the provision of the following service ()

Ordered on ()/received on ()

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only in case of a notification on paper)

Date

(*) Delete as applicable.

End of cancellation policy

4.3 Additional note on exercising the right of withdrawal

To ensure quick processing, you have the option of contacting our customer service. We also recommend that, if possible, you always use the original packaging when returning goods to avoid damage.

5. When and how will the ordered work be delivered?

5.1 The delivery time for a standard delivery in Germany is approx. 6 working days from the order date. For express deliveries, the delivery time is 3-4 business days from the order date. You can find more information about deliveries within Germany and outside of Germany here.

5.2 Unless otherwise agreed, delivery shall be made from the warehouse to the delivery address specified by you. After delivery, you will usually receive a confirmation email from us.

5.3 If possible, everything will be delivered in one shipment. We are entitled to make partial deliveries, insofar as this is reasonable for you. If we fulfill your order by partial deliveries, you will only incur shipping costs for the first partial delivery.

5.4 What factors have to be considered for a delivery outside of Germany?

Please note that express deliveries outside of Germany are not possible.

If any taxes, customs duties or fees are incurred when shipping to countries outside of the EU, these will be borne by you.

Payment by direct debit is only possible for deliveries outside of Germany if the billing address is in Germany.

6. How much are the shipping costs?

Shipping costs are not included in the price of the order and will be added to it in each case. The amount of shipping costs depends on the size of the image and the type of product ordered. The shipping costs are as follows:

Within Germany:

for a standard delivery starting from €4.95

for an express delivery starting from €14.95

Outside of Germany:

Information on shipping costs outside of Germany can be found on the respective websites.

7. What prices will we be charged?

7.1 The prices for our services pursuant to Section 2 of these GTC are derived from the current price list, which can be viewed under Formats & Prices and which we specify during the order process. For special formats, the price is specified during the ordering process.

7.2 The prices stated in the online store are final prices including VAT.

7.3 We are entitled to change the price list for future orders at any time without separate notification.

8. How is payment made?

8.1 Payment methods

The payment options that we currently offer and the conditions of their use can be found under Payment Options.

8.2 Payment due date

The purchase price – plus the shipping costs shown under point 6 – is to be paid in advance when paying by credit card or PayPal, and after shipment when purchasing on account.

8.3 PayPal

In the case of a PayPal payment, you will be automatically redirected to the PayPal payment service after completing the order process. The payment process is then governed by the terms of PayPal.

__Additional GTC for Ratepay payment methods and data protection information of Ratepay GmbH __

In order to offer you attractive payment methods, we work together with Ratepay. If an effective contractual relationship is established between you and us, we will assign our payment claim to Ratepay if you choose a Ratepay payment method. When using the Ratepay payment method, we assign our payment claim to the partner bank of Ratepay.

As part of the ordering process, we transmit your data to Ratepay for the purpose of identity and credit checks, as well as contract processing. All details can be found in the additional GTC for Ratepay payment methods and the data protection notices of Ratepay GmbH, which are part of these General Terms and Conditions.

8.4 In the event that the customer's account does not have sufficient funds or the customer lodges an unjustified objection to the direct debit, WhiteWall may demand a processing fee of EUR 5.00 from the customer.

8.5 If the customer is in default of payment, WhiteWall shall be entitled to charge default interest in the amount of 5 percentage points above the base rate of interest p.a. announced by the European Central Bank from time to time for consumers and 9 percentage points above the base rate of interest p.a. announced by the European Central Bank from time to time for businesses. In addition, WhiteWall may charge a flat rate of 5.00 EUR for the second reminder and 7.00 EUR for the third reminder. If it can be proven that WhiteWall has incurred higher damages due to the delay, WhiteWall shall be entitled to assert such damages.

8.6 The Purchaser may, in the above-mentioned cases, prove that WhiteWall did not suffer any damage at all or that the damage was lower than the above-mentioned flat rates.

9. Retention of title

The executed works shall remain the property of WhiteWall until full payment has been made.

10. What are your obligations to cooperate and responsibilities as the purchaser?

10.1 Third party rights

By placing an order, you declare that you have the necessary rights to the works you have ordered without restriction.

10.2 Data backup

You are obliged to make a backup copy of the data used (photos, images, designs, etc.) before sending your order to us.

10.3 The content stored on the WhiteWall website may not be copied or distributed, or used or reproduced in any other way, without the prior consent of the copyright holder, unless this is permitted by law or is necessary for accessing the website. This also applies to copying by means of "robot/crawler" search engine technologies or by other automatic mechanisms.

10.4 A password chosen by you or provided by us for the use of our services with your customer account must be treated confidentially and protected against misuse. You are liable for any damages resulting from misuse of your customer account and/or password for which you are responsible. You must keep your password secret and carefully secure access to your account. You are required to notify us immediately if there is any indication that your account has been misused by a third party.

11. What is there to consider when using the free software to create coffee table books?

11.1 We provide you with free downloadable software that allows you to create a coffee table book independently of an Internet connection and then order it in the WhiteWall online store.

11.2 You receive simple, non-sublicensable, non-transferable rights of use to the software. In using the software, you are prohibited from copying, translating, disassembling, decompiling, reverse engineering, or otherwise modifying any portion of the software except as permitted under this agreement or applicable law.

You are not entitled to use the software beyond the agreed use or to have it used by third parties or to make it accessible to third parties. In particular, it is not permitted to sell the software or to make it available for a limited period of time, especially not to rent or lend it.

11.3 You are liable for ensuring that you do not use the software for racist, discriminatory, pornographic purposes, purposes that endanger the protection of minors, politically extreme purposes or purposes that otherwise violate the law or official requirements or regulations, or create corresponding works and/or order from the WhiteWall online shop with the aid of the software.

11.4 If you violate the provisions of Section 11.2 or 11.3 for reasons for which you are responsible, we may block your access to the WhiteWall Online Shop after prior notification by e-mail if the violation can be demonstrably remedied by doing so.

11.5 Insofar as we create new versions, updates, upgrades or other new deliveries with regard to the software, the provisions of Section 11 shall also apply accordingly. However, no entitlement to updates or new deliveries of the software exists.

12. What am I allowed to do with the purchased work if it displays third party image content?

12.1 Please note that when you purchase a work with content from our imagery, you are only acquiring material ownership of the work produced. No other rights of use are granted. Any reproduction (duplication), distribution, renting, making available to the public or other analog or digital use is not permitted unless authorized by law.

12.2 You may resell the work as you wish.

13. What is the warranty for our services?

We are liable for defects in accordance with the applicable statutory provisions. The warranty period on goods delivered by us is 5 years. An additional guarantee exists for the goods delivered by us only if this was expressly provided in the order confirmation for the respective item.

14. What to do if you, as an entrepreneur, wish to complain about our performance?

14.1 If you are an entrepreneur according to § 14 BGB, your claims for defects presuppose that you have fulfilled your statutory obligations to inspect the goods and give notice of defects (§§ 377, 381 HGB (German Commercial Code)). If a defect becomes apparent during the inspection or later, we must be notified of this in writing without delay. The notification shall be deemed to have been submitted without delay if it is sent within two weeks, whereby timely dispatch of the notification shall suffice to meet the deadline. Irrespective of this obligation to inspect and give notice of defects, you shall notify us in writing of any obvious defects (including incorrect and short deliveries) within two weeks of delivery, whereby timely dispatch of the notification shall also suffice to meet the deadline. If you fail to properly inspect the goods and/or notify us of defects, our liability for the failure to notify us of the defect shall be excluded.

14.2 Defects in a part of the delivered goods do not entitle you to submit a complaint about the entire delivery, unless a partial delivery is of no legitimate interest to you.

15. How are we liable?

15.1 Within the scope of the statutory provisions, we are liable in each case without limitation for damages

(a) arising from injury to life, limb or health based on an intentional or negligent breach of duty or otherwise on intentional or negligent conduct on the part of WhiteWall or one of its legal representatives or vicarious agents;

(b) that are based on an intentional or grossly negligent breach of duty or otherwise on intentional or grossly negligent conduct of the provider or one of its legal representatives or vicarious agents.

15.2 We are liable within limitations to compensate for the foreseeable damage typical for this type of contract, for such damage that is based on a slightly negligent breach of material obligations by WhiteWall or one of its legal representatives or vicarious agents. Essential obligations are those whose fulfilment enables the proper performance of the contract in the first place and on whose compliance the Purchaser may rely.

15.3 The above provisions shall apply mutatis mutandis to WhiteWall's liability with regard to the reimbursement of wasted expenditure.

15.4 Liability under the Produkthaftungsgesetz (German Product Liability Act) shall remain unaffected.

15.5 If you fail to comply with the obligation to back up data as set out in 10.2 above and if you suffer damage in connection with this order, we shall not be liable for any such damage that could have been avoided if you had complied with the obligation to make a backup copy.

16. When do you release us from liability?

You shall indemnify us upon first request against all claims of third parties which they assert against us on the basis of or in connection with the culpable use of our offer by you from existing trademark, design patent, utility patent, patent, copyright and/or other intellectual property rights or in particular due to a violation of personal rights or due to violations of statutory prohibitions. The costs incurred by us in this respect for a reasonable legal defense and/or prosecution against third parties shall be borne by you.

If you recognize or must recognize that such a breach is imminent, you are obliged to inform us immediately.

17. What happens to my personal data?

You can find all relevant information to this regard in our privacy policy.

18. How long are the GTC valid?

These GTCs shall apply exclusively in the version valid at the time of the order. We do not recognize any deviating conditions on your side unless we have expressly agreed to their validity in writing.

19. Which law and which jurisdiction are applicable to this contract?

19.1 The GTC are subject to the substantive law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

19.2 If you are a merchant within the meaning of the German Commercial Code (HGB), a special fund under public law or a legal entity under public law, Berlin shall be the exclusive place of jurisdiction for all disputes arising from these GTC and individual contracts concluded thereon.

20. Information on online dispute resolution pursuant to Art 14(1) ODR Regulation and §§ 36(f) VSBG (German Consumer Dispute Resolution Act).

The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE. We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.

A list of the consumer arbitration bodies recognized in Germany can be found at List of consumer arbitration bodies.

In any case, you may contact the Zentrums für Schlichtung e.V. (General Consumer Arbitration Board of the Center for Arbitration) Straßburger Str. 8, D-77694 Kehl; Phone: +49 7851 79579 40; Fax: +49 7851 79579 4, Email: mail@verbraucher-schlichter.de. Internet: verbraucher-schlichter.de.

Status: May 2022