Terms and Conditions

General Provisions

Date: November 21, 2024

1. Who can register?

1.1. Registration is restricted to natural persons 18 years of age or older and of legal capacity, legal persons, or partnerships. In particular, minors are not permitted to register. We ask for your understanding in this matter.

1.2. We must ask that all information requested upon registration is entered completely and correctly, e.g. first name and last name, current address (not a post-office box), telephone number (no value-added service number), a valid e-mail address and, where necessary, your EIN registration number(s) and indication of any applicable tax rules. We shall be entitled, though not obliged, to check the validity of all indications made.

1.3. Where registration is completed with respect to a legal person, registration may only be made by a natural person with necessary authority. This person must be named.

1.4. Should any or all of the information indicated at registration subsequently change, it shall be incumbent upon you to correct the information without delay.

1.5. On registration, a user name and password must be selected. The user name must not infringe the rights – in particular copyright or trademark rights – of third parties. Further, the username must not be misleading and must not be contrary to public policy or break the law. We shall be at liberty to define formal rules and restrictions for new user names and to reject existing user names – including with retrospective effect.

1.6. Passwords must be kept confidential and account access must be safeguarded. You shall be compelled to inform us without delay, should any suspicion arise concerning misuse of the account by third parties.

2. How are our services provided?

2.1. Availability

We ask for your understanding that we are only able to make the Robert Downs Photography website and its functions available for use within the limits and scope of current technology.

2.2. Maintenance

For reasons of further development and security as well as in the interests of an error-free service, we shall undertake regular maintenance work on our system. To this end, and with due regard to your interests, we shall be entitled temporarily to interrupt or restrict the provision of our services. Insofar as possible, such maintenance work shall be carried out in times of minimal use. Should longer periods of interruption or restriction be necessary, we shall notify you of the type, extent, and duration of the impairment provided that this is possible in light of all the circumstances and that such notification does not prejudice or delay necessary repair to any existing interruption of service.

2.3. System interference and breakdown

You will be aware that according to the current state of technology it is not possible for works to be made available for viewing on the internet entirely free of system interference and breakdown. We therefore accept no liability for non-accessibility of works on account of technical problems with communication networks, security breaches by third parties (e.g. denial of service attacks) or incomplete and/or dated offers on proxy servers (temporary caches), where such is beyond our control.

3. System integrity and disruption of the WhiteWall website

3.1. All use of mechanisms, software or other scripts capable of disrupting the function of the WhiteWall website when used in conjunction with this website shall be prohibited.

3.2. All use which may result in an unreasonable or excessive burden on WhiteWall infrastructure is prohibited. It shall be forbidden to block, overwrite or modify any contents generated by us, or otherwise cause disruption to the functioning of the WhiteWall website.

3.3. Contents held on the WhiteWall website may not be copied or disseminated, nor may they be used or reproduced in any other form, without prior consent from the right holder. This shall apply also with respect to copying by “Robot/Crawler” search engine technology or by other automatic mechanisms.

4. What is the extent of our liability?

4.1. Liability for damage resulting from defects in title and absence of warranty shall be unrestricted.

4.2. In all other cases, liability shall be unrestricted only with respect to damage caused through malice or gross negligence, including in respect of our legal representatives, managerial staff and vicarious agents.

4.3. With respect to damage arising though negligence, liability shall be accepted only insofar as a duty is breached, the adherence to which is of particular significance for the attainment of the purpose of contract (cardinal duty). Liability is restricted to double the value of contract and shall exist only with respect to typically foreseeable damage within the framework of the contract.

4.4. Liability for injury to life, body or health as well as liability under the Product Liability Act(Produkthaftungsgesetz) shall remain unaffected.

5. What is the place of jurisdiction for this contract and what law will be applied?

5.1. Where you are not permanently or habitually resident in Germany, these General Contract Terms and Conditions shall be governed by the substantive law of the Federal Republic of Germany to the exclusion of UN trade law.

5.2. Where you are a merchant/trader as defined in the German Commercial Code (HGB), a special public fund or a legal person under public law, exclusive place of jurisdiction for any and all dispute arising in connection with these General Contract Terms and Conditions as well as with any individual contracts concluded on the basis of such shall be Berlin.

6. What happens with my personal data?

All information can be found in our Privacy policy.

7. For what term will the General Terms and Conditions apply?

The General Terms and Conditions shall apply for the entire term of the contractual relationship between you and WhiteWall USA Inc. They will also apply for all future transactions and other business matters, without requiring a renewed confirmation in each individual case, until they are amended or the contractual relationship has been terminated by deleting the user’s data.

8. How can we amend the General Terms and Conditions?

We reserve the right to amend the General Terms and Conditions at any time without further explanation. In such case, we will explicitly notify you on our Webpage of the amended General Terms and Conditions. Your agreement will be required before any amendments are to take effect.

Services such as printing, framing, and mounting

This section concerns our services with regard to printing, framing and lamination of works carried out by us at your request.

1. What services do we provide?

Where requested through the input assistants on the Robert Downs Photography website, we provide the following services: On the basis of the digital submissions, we prepare physical prints and copies, that is, the digital data are reproduced on to a material which may then be framed or laminated as desired, e.g. for your personal use.

2. Workflow, production clearance, termination

2.1. A contract of sale shall not be concluded until we send the ordered product to you. For the avoidance of doubt, the contract shall not include products included in the same order which were then later not included on the delivery papers. The costs of delivery shall be invoiced. The extent of delivery costs will be indicated on order. Should any taxes or excise duties be incurred in case of delivery to a country outside the United States, all such costs shall be borne by you. To finish your order, you may receive a one-time invitation to participate in a voluntary customer satisfaction survey after dispatch of the goods.

2.2. All delivery deadlines indicated by us are non-binding. We shall be entitled to make partial delivery.

3. What remuneration do we receive for our services?

The remuneration for our services as set down in Point 1.1. of these General Contract Terms and Conditions is calculated with respect to the current price list available for viewing at Robertdownsphotography.com as specified within the order process. We shall at all times be entitled to change the price list for future orders without prior notification.

4. How does billing work?

4.1. The buyer pays the sale price through the payment options available on the site upon placing the order (pre-payment).

4.2. In the case that the buyer’s account does not contain sufficient funds or where the buyer contests the debit charge being taken from its account without good reason, Robert Downs Photography reserves the right to charge an administration charge of $ 19.00.

5. Retention of title

Ownership of the works produced shall remain vested in Robert Downs Photography until all payments are made in full. Copyright of all images are the sole property and title of Robert Downs Photography. Reproduction or duplication of the works is not allowed under this agreement and will be prosecuted under the full extent of the law.

6. What guarantee applies to our services?

6.1. In case of defect, we shall be entitled, at our option and within a reasonable period, to make new delivery or to repair the defect. Should the attempt to deliver a new or to repair the defect be unsuccessful, you shall be entitled your option either to rescind the contract or to demand an appropriate reduction in price.

6.2. The papers, dyes, chemicals and other materials used in our materials and manufacturing processes may, like other dyes, show trivial changes over time. These changes may be different from one production batch to another. Such discrepancies in product characteristics shall not form sufficient basis for defect.

Customer Satisfaction and return policy

1. All sales are final, non-refundable, and non-exchangeable. Due to the made-to-order nature of the Prints, refunds are not allowed.

1.1 If damage occurs during shipping, the Client must document the damage at the time of arrival and contact the robertdownsphotography@gmail.com expeditiously. Damage is addressed by the courier and every effort will be made to replace or repair the print to your satisfaction.

1.2 If you are dissatisfied with your purchase please contact robertdownsphotography@gmail.com to explore any options that might be available.