Terms of service

1. Scope and provider

These General Terms and Conditions apply to orders placed through the WILPSIZE online shop.

The provider and contracting party is:

WILPSIZE – Thomas Klein
Golfstrasse 35
60528 Frankfurt am Main
Germany

Email: contact@wilpsize.com
Phone: +49 157 5244 9600
VAT ID No.: DE317533203

These General Terms and Conditions apply both to consumers and to entrepreneurs, unless otherwise provided below.

A consumer is any natural person who enters into a legal transaction predominantly for purposes that cannot be attributed to their commercial or self-employed professional activity.

2. Subject matter of the contract

WILPSIZE offers photographs for purchase as physical works of art in various formats and configurations, in particular using different materials and frame configurations.

The production, packaging and shipping of the ordered artworks are carried out by the production and fulfillment partner WhiteWall.

The purchase contract for the artwork is concluded exclusively between the customer and WILPSIZE. WhiteWall is not a contracting party of the customer.

3. Conclusion of the contract

The presentation of products in the online shop does not constitute a legally binding offer to enter into a purchase contract, but rather an invitation to place an order.

Before submitting an order, the customer can review the selected products, variants, delivery and payment information and correct any input errors.

By clicking the payment-obligating order button provided at checkout, the customer submits a binding offer to purchase the products contained in the shopping cart.

WILPSIZE accepts this offer by means of an express order confirmation or by arranging the shipment of the ordered goods. An automatically generated acknowledgement of receipt initially only confirms that the order has been received, unless it expressly states that the offer has been accepted.

The contract language is German. An English version of these General Terms and Conditions is provided for ease of understanding. In the event of any discrepancies between the German and English versions, the German version shall prevail, unless mandatory statutory provisions provide otherwise.

The statutory requirements for the electronic ordering process, including the possibility of correcting input errors and the clear identification of an order involving an obligation to pay, arise in particular from Sections 312i and 312j of the German Civil Code (BGB).

4. Prices and shipping costs

The prices shown in the online shop are total prices and include all applicable statutory taxes and other price components, insofar as these apply.

Additional shipping costs may apply. Their amount depends in particular on the country of delivery, the format and the configuration of the artwork ordered and is shown to the customer in the checkout before the order is completed.

For distance selling offers, the total price, VAT and any additional shipping costs must be displayed transparently.

5. Payment terms

The payment methods displayed in the respective checkout are available to the customer.

The payment methods actually offered may depend in particular on the country of delivery, the currency used and the respective payment service provider.

For customers in Switzerland paying in CHF, TWINT may in particular be available as a payment method, provided that TWINT is offered in the respective checkout.

Unless otherwise stated for the selected payment method, the purchase price becomes due for payment upon conclusion of the purchase contract.

When external payment service providers are used, their respective payment terms may additionally apply

6. Production, delivery and shipping

The artworks are produced after receipt of the order. Production, packaging and shipping are carried out by WhiteWall.

WhiteWall ships the order directly to the delivery address provided by the customer during the ordering process.

The currently available delivery areas, shipping costs and delivery times are determined by the information displayed in the online shop and at checkout, as well as by the WILPSIZE Shipping Policy.

For consumers, the statutory provisions apply with regard to the delivery of the goods and the transfer of risk. In the case of a consumer goods purchase, the shipping risk does not generally pass to the consumer merely because the goods have been handed over to the carrier engaged by WILPSIZE.

7. Deliveries to Switzerland

Deliveries to Switzerland are handled by our production and fulfillment partner WhiteWall using the DDP (Delivered Duty Paid) procedure.

WhiteWall handles customs clearance on the basis of the production value commissioned from WhiteWall. This does not mean that Swiss VAT or import taxes are charged on, or included in, the sales price displayed in the WILPSIZE shop.

Further details are set out in the WILPSIZE Shipping Policy.

8. Right of withdrawal

Consumers generally have a statutory right of withdrawal in the case of distance contracts.

The details regarding the requirements, time limits, exercise and consequences of the right of withdrawal, as well as the model withdrawal form, are set out in the separate WILPSIZE Instructions on Withdrawal.

The statutory provisions governing the right of withdrawal in distance contracts are set out in particular in Section 312g of the German Civil Code (BGB).

9. Defects and warranty

The statutory provisions apply to the customer’s rights in the event of defective goods.

WILPSIZE remains responsible to the customer for ensuring that the ordered artwork conforms to the contract, even where production and shipping are carried out by WhiteWall.

The statutory rights of consumers in respect of defects are not restricted by these General Terms and Conditions. As a general rule, German consumer sales law does not permit statutory rights in respect of defects to be restricted to the consumer’s disadvantage by pre-formulated contractual terms.

10. Transport damage

If an artwork or its packaging is damaged upon delivery, we ask the customer to contact WILPSIZE as soon as possible at contact@wilpsize.com, stating the order number.

Where possible, we also ask the customer to provide photographs of the damaged packaging and the artwork. This facilitates the processing of the damage claim.

The customer’s statutory warranty rights remain unaffected.

11. Liability

WILPSIZE is liable in accordance with the statutory provisions.

In particular, statutory mandatory liability claims arising from injury to life, body or health, as well as from intentional or grossly negligent conduct, are not restricted by these General Terms and Conditions. Corresponding exclusions of liability in General Terms and Conditions would be inadmissible in relation to consumers.

12. Copyright and rights of use

The purchase of an artwork transfers ownership of the acquired physical work to the buyer.

Copyright and other intellectual property rights in the photographs are not transferred through the purchase of the artwork.

In particular, reproduction, modification, digitization, commercial exploitation or distribution of the photographs requires the separate consent of the respective rights holder, unless such use is already permitted by law.

13. Applicable law

The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

In relation to consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.

This is particularly relevant for cross-border consumer contracts: a choice of law must not deprive the consumer of the mandatory protection afforded by the law of their country of residence.