ONLINE TERMS OF SALE

PLEASE READ THESE TERMS CAREFULLY BEFORE PLACING YOUR ORDER AND PRINT OR SAVE A COPY OF THEM, TOGETHER WITH YOUR ORDER, FOR FUTURE REFERENCE

 

  1. FORMATION OF THE CONTRACT

1.1 These terms of sale set out the terms and conditions (“Terms”) on which The Dragon Year Limited (“The Dragon Year”, “we”, “us”) supplies goods ordered from The Dragon Year’s website at thedragonyear.com (the “Website”). We also refer you to The Dragon Year’s Terms of Use, which govern your use of the Website, the Privacy Notice, which sets out how we use personal information you provide to us, and the Cookie Policy).

 

1.2 These Terms should be read carefully by you before you place an order for goods from The Dragon Year. You will be asked to accept these Terms before placing your order. If you do not agree to these Terms, you should not place an order.

1.3 These Terms, and any contract between us for the sale of goods to you, are only in the English language.

1.4 To place an order on the Website, you will need to add goods to your basket on the relevant “Shop” pages of the Website, click “Checkout”, and provide us with the delivery and billing information requested. The order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

1.5 After you place an order, White Cube will send an email to the address you have provided acknowledging receipt of your order. Please note that this does not mean that your order has been accepted.

1.6 The Dragon Year will confirm its acceptance of your order by sending you an email confirming that, if you have ordered any editions or other artwork, they are ready to be dispatched or, if you have ordered any publications, they have been dispatched (“Dispatch Email”). The Dragon Year shall not be under any obligation to accept your order and the contract between you and The Dragon Year for the sale of goods will only be formed once The Dragon Year has sent you such Dispatch Email.

1.7 If you are a consumer, you must be at least 18 years old to order goods from the Website. By accepting these Terms you are confirming that you are no less than 18 years old. If you are using the Website to purchase goods on behalf of a business, by accepting these Terms, you confirm that you have authority to bind such business to a contract with White Cube for the purchase of goods.

 

1.8 The Dragon Year may change these Terms without notice to you in relation to future sales. Please check these Terms every time you wish to order goods from our Website to ensure you understand the terms which will apply at that time.

 

  1. AVAILABILITY, DESCRIPTION, SPECIFICATION AND PRICE OF THE GOODS

2.1 All goods are subject to availability. If on receipt of your order the goods you have ordered are not in stock, The Dragon Year will inform you as soon as possible, and refund you for any sum that has been paid by you or debited from your credit card for the goods and their delivery to you.

2.2 The description and specification of the goods you order will be as shown on the Website at the time you place your order.

2.3 Subject to 2.4 below, the price of the goods will be the price quoted on the Website at the date the order is received. All prices are quoted in HKD sterling and are exclusive of delivery charges, which will be added to the price of the goods on confirmation of the delivery address and prior to you making payment.

2.4 Every effort will be made to ensure that prices shown on the Website are accurate at the time you place your order. If an error is found prior to dispatch of the goods, The Dragon Year will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, White Cube will refund you for any sum that has been paid by you or debited from your credit card for the goods and their delivery to you.

 

2.5Where the goods are supplied for export from Hong Kong, you will be responsible for complying with all applicable laws and regulations governing the importation of the goods into the country of destination and for the payment of any import duties or taxes which are levied on them.

 

  1. PAYMENT

3.1 Payment for the goods and delivery charges can be made by any debit or credit card that is shown as acceptable on the Website at the time you place your order (presently being MasterCard, Visa, Maestro and JCB).

3.2 All deliveries are subject to prior authorisation of your payment.

3.3 If, where permitted by these Terms, you wish to receive a refund for the goods, you will need to provide The Dragon Year with details of the debit or credit card used for the purchase of the goods.

 

  1. DELIVERY AND RISK

4.1 The goods you order will be delivered to the delivery address you give when you place your order, subject to confirmation of acceptance of your order by The Dragon Year.

 

4.2 All editions or other artwork ordered from The Dragon Year shall be sent to you via a secure courier service. The Dragon Year shall endeavour to deliver editions within Hong Kong within 14 days after receiving payment from you and outside the Hong Kong within 30 days of receiving your payment, or within such other period indicated at the time you place your order.

 

4.3 All publications ordered from White Cube shall be sent to you by Royal Mail. White Cube shall endeavour to deliver the publications within 28 days after receiving your payment.

 

4.4 If delivery cannot be made to the delivery address provided, White Cube will inform you as soon as possible, and refund you for any sum that has been paid by you or debited from your credit card for delivery.

 

4.5 If there is no one available at the delivery address to accept delivery of the goods, you will be asked to re-arrange delivery for an alternative date or to collect the goods from a specified place. Where the delivery address is within Hong Kong and you wish the goods to be redelivered to you, you shall be liable for the costs of re-delivery and the goods shall not be re-delivered until White Cube has received payment in full for such costs.

 

4.6 A signature will be required on delivery of all The Dragon Year editions. Receipt of a signature at the delivery address for any edition and/or publications ordered by you shall be proof that the order has been delivered to you.

 

4.7 Every effort will be made to deliver the goods within the time periods specified above. If White Cube is unable to deliver the goods within such time periods, The Dragon Year will inform you as soon as possible of the revised estimated delivery date and you will be entitled to cancel the order and obtain a refund for any sum that has been paid by you or debited from your credit card for the goods and their delivery to you.

 

4.8 You will become the owner of the goods you ordered and responsible for risk of loss or damage to them once they have been delivered to you.

 

  1. YOUR RIGHT OF CANCELLATION AS A CONSUMER

5.1 If you are a consumer, you have the right to cancel the contract with The Dragon Year at any time up to the end of three working days after you receive the goods.  A working day is any day other than a Saturday, Sunday or public holiday in the Hong Kong.

 

5.2 To exercise your right of cancellation, you must give written notice to White Cube by hand or post or email, to the address or email address shown at 11 below, giving details of the goods ordered and (where appropriate) their delivery.

 

5.3 If you exercise your right of cancellation after the goods have been delivered to you, you must return the goods to The Dragon Year at your own cost, in unused and otherwise re-saleable condition. The goods must be returned to the address shown by courier, if you are returning editions or other artwork, or by registered post if you are returning publications. The goods must be adequately sealed in the original packaging and you must take reasonable care to ensure the goods are not damaged whilst in your possession or in transit.

 

5.4 Once you have notified The Dragon Year that you are cancelling the contract, The Dragon Year will refund you within 30 days of receiving notice of such cancellation for any sum that has been paid by you or debited from your credit card for the goods and their delivery to you.

 

5.5 If you do not return the goods as required after exercising your right of cancellation, The Dragon Year may charge you for the direct costs of recovering the goods.

 

5.6 You do not have the right to cancel the contract if the order is for audio or video recordings which have been unsealed by you or for goods which are custom-made or clearly personalised or by their nature cannot be returned or are liable to deteriorate or expire rapidly.

 

  1. NO RIGHT OF RESALE

 

6.1 If you are a consumer, we only supply the goods for domestic and private use. You agree not to use the goods for any commercial, business or re-sale purposes.

6.2 If you are a business, we only supply goods for internal use by your business. You agree not to use the goods for any re-sale purposes.

 

  1. PUBLIC DISPLAY OF EDITIONS OR ARTWORK

You are not permitted to display or to authorise any display of any edition or other artwork purchased by you in a commercial manner without the prior written consent of The Dragon Year on behalf of the artist of such edition.

 

  1. INTELLECTUAL PROPERTY

In purchasing any goods from the Website, you are not granted any right to any copyright or other intellectual property rights in the goods. Please note that in respect of any edition or other artwork purchased by you, the artist of such edition or artwork has asserted their right to be identified as the author of such edition.

 

  1. MARKETING COMMUNICATIONS

The Dragon Year would like to notify you of the availability of new editions and similar artwork that may be of interest to you from time to time. We would also like to send you the White Cube Newsletter. If you would like to be notified of new editions and similar artwork and/or subscribe to our Newsletter, please tick the relevant box on the screen shown before you make payment. You will be able to unsubscribe from such notifications or the Newsletter at any time by notifying us in writing at the address or email address shown at 11 below.

 

  1. THE DRAGON YEAR’S CONTACT DETAILS

If you have any queries about your purchase of goods, these Terms or any other aspect of our Website you can phone us on + 86 15915389649, email us at TheDragonYear@TheDragonYearGallery.com