Terms & Conditions
These Online Shop Terms set out:
– your legal rights and responsibilities;
– our legal rights and responsibilities; and
– certain key information required by law.
Who we are
The hauserwirth.com website (the “Site“) is operated by Hauser & Wirth Gallery AG (“we“, “us” or “our” being interpreted accordingly. We are a company registered in Switzerland with our registered office at Limmatstrasse 270, 8005 Zürich. Our VAT number is CHE 107 362 077 MWST.
In these Online Shop Terms “you” or “your” means the person using our site to buy products from us.
If you don’t understand any of this contract and want to talk to us about it, please contact us by email on firstname.lastname@example.org.
1.1. If you buy products on our Site you agree to be legally bound by these Online Shop Terms.
1.2. This contract is only available in English. No other languages will apply to this contract so far as applicable law permits.
1.3. When buying any products you also agree to be legally bound by:
1.3.2. extra terms which may add to, or replace some of, these Online Shop Terms. This may happen for legal reasons. We will contact you to let you know if we intend to do this and you can cancel any order and receive a refund for any products paid for but not receive;
1.3.3. specific terms which apply to certain products. If you want to see these specific terms, please visit the relevant product web page.
All these documents form part of these Online Shop Terms as though set out in full here.
2. If you are a consumer – a summary of your legal rights
2.1. This clause 2 shall only apply if you are a consumer on our Site.
2.2. We are under a legal duty to supply products that are in conformity with these Online Shop Terms. See the box below for a summary of your key legal rights as a consumer in relation to the products. Nothing in these Terms will affect your legal rights.
2.3. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, you will find it on each product web page, or you can contact us using the contact details at the top of this page.
2.4. The key information we give you by law forms part of these Online Shop Terms as though it is set out in full here.
2.5. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
3. If you are a business customer
3.1. This clause 3 only applies if you are a business customer on our Site.
3.2. If you are not a consumer, you confirm that you have authority to represent any business on whose behalf you use our Site to purchase products.
3.3. These Online Shop Terms and any document expressly referred to herein constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made, or given by, or on behalf of us set out in these Online Shop Terms or any document expressly referred to within them.
4. How the contract is formed between you and us
4.1. Below, we set out how a legally binding contract between you and us is made.
4.2. You place an order on the Site by following the on-screen instructions on the web page displaying the product you are interested in to a) select the relevant product options when prompted and add the products to your basket and, once you have finished selecting the products you wish to purchase, b) enter your delivery and payment details.
4.3. Our order process allows you to check and amend your order before submitting it. Please take the time to read and check your order carefully at each stage of the order process.
4.4. When you place an order for a product, we will require your payment details in order to pre-authorize payment with your bank, but your payment will not be charged until we have confirmed availability of the product to you.
4.5. When you place your order at the end of the online checkout process (e.g. when you click on ‘submit’ or ‘confirm’), we will acknowledge it by email (“Acknowledgement“). This Acknowledgement does not, however, mean that your order has been accepted.
4.6. We may contact you to say that we do not accept your order. This is typically for the following reasons:
4.6.1. the products are unavailable;
4.6.2. we cannot authorise your payment;
4.6.3. you are not allowed to buy the products from us;
4.6.4. we are not allowed to sell the products to you;
4.6.5. you have ordered too many products; or
4.6.6. there has been a mistake on the pricing or description of the products.
If we are unable to supply you with a product, for example because that product is not in stock, or no longer available, or because of an error in the price on our Site, we will inform you of this by email and we will not process your order. If the product is not available the payment pre-authorization will be removed and your bank details will not be retained.
4.7. Product availability will be confirmed to you by email within 7 days (“Order Confirmation“). Once you have our Order Confirmation, a binding contract will be formed between you and us for purchase of the product and your payment will be processed.
4.8. If following Order Confirmation and process of your payment the product is no longer available we shall refund any payment taken from you using the credit or debit card you used to pay for the product.
4.9. You shall receive a dispatch confirmation from us once your product has been dispatched for delivery (“Dispatch Confirmation“).
4.10. If you are a consumer, you must be at least 18 years of age to purchase products from our Site.
5. Your cancellation rights should you change your mind
5.1. This clause 5 shall only apply if you are a consumer on our Site.
5.2. You do not have the right to change your mind and cancel the contract between us for bespoke orders, such as editions, or where a product has been made to your specifications and is clearly personalised, unless that product is faulty.
5.3. You may cancel a contract from the date you receive the Order Confirmation, which is when the contract between you and us is formed.
5.4. If the product has already been delivered to you, you have a period of 28 (twenty eight) days in which you may cancel, starting from the day you receive the product.
5.5. To cancel a contract if you change your mind, you must contact us in writing by sending an email to email@example.com or by using the cancellation form attached to these terms. You may wish to keep a copy of your cancellation notification for your own records.
5.6. Returns made in accordance with these Online Shop Terms are only accepted for products purchased directly from our Site.
5.7. We will pay the costs of return:
5.7.1. if the products are faulty or misdescribed;
5.7.2. if you are ending the contract because we have told you of an upcoming change to the product or these Online Shop Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
5.8. We will process the refund due to you using the credit or debit card you used to pay for the product and refunds will be processed without undue delay, and in any event no later than 14 days after we receive the returned product.
5.9. If the products were delivered to you:
i. you must return the products to us in accordance with the Shipping and Returns Policy and within 28 days of receipt, unless the products were split into different deliveries over different days in which case you must return the products within 28 days from the date the last product was received, in the original packaging and including any certificates provided with the product;
ii. you have a legal obligation to keep the products in your possession and to take reasonable care of the products while in your possession.
5.10. If the value of the product is diminished as a result of your handling of the product beyond what is necessary to establish the nature, characteristics and functioning of the product, we may recover that amount from you, up to the value of the product, by either:
i. deducting that amount from the refund due to you; or
ii. otherwise requiring you to reimburse this amount.
6. Our cancellation rights to end the contract
6.1. We may end the contract for a product at any time by writing to you if you do not, within a reasonable time:
6.1.1. provide us with information that is necessary for us to provide the product following a request by us for the information from you; or
6.1.2. allow us to deliver the product to you.
6.2. If we end the contract in the circumstances above, we will refund any money you have paid in advance for products not provided.
7.1. The cost of delivery shall be as notified to you before you place your order. We shall deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which your order is confirmed.
7.2. If the supply of the products is delayed by an event outside our control, we shall contact you as soon as possible to let you know and take steps to minimize the effect of the delay. In doing so, we shall not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.3. Delivery will be completed when the products are delivered to the address supplied by you. Please note that occasionally, where multiple products have been ordered, these may be delivered to you separately, on different days.
7.4. You have legal rights if any products are delivered late. If the estimated delivery deadline is missed then you may treat the contract as at an end straight away if any the following applies:
7.4.1. we have refused to deliver the goods;
7.4.2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
7.4.3. you told us before we accepted your order that delivery within the delivery deadline was essential.
7.5. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.4, you can provide a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.6. If you do choose to treat the contract as at an end for late delivery under clause 7.4 or 7.5, you can cancel your order for the product or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them) unless splitting them up would significantly reduce their value. After that we shall refund any sums that you have paid for the cancelled products and their delivery (as per clause 5.6). If the products have been delivered to you, you must either post them back or (if they are not suitable for posting) allow us to collect them from you. We shall pay for the costs of postage or collection.
Please contact customer services on 01749 605 420 (for UK & EU store purchases) or by email at firstname.lastname@example.org to request a return label or to arrange collection.
7.7. The products will be your responsibility from the completion of delivery. In other words, the risk in the products passes to you when you take possession of the products.
7.8. You own the products once we have received payment in full, including all applicable delivery charges.
8. International delivery
8.1. Delivery charges on your order and in your Order Confirmation are estimates. We reserve the right to amend the delivery charges and will advise you of any changes once we have received your order. Lead times for delivery may vary, depending on the delivery location. For some territories, such as the Asia, South America and Australasia, delivery charges may be based on delivery to port and you may need to arrange collection, provision of necessary documentation and customs clearance. We will advise you of this once we have reviewed your order.
8.2. If your delivery address is not within the United Kingdom, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance are the responsibility of the customer. You should note that customs policies vary widely from country to country; Hauser & Wirth advises you contact your local customs office for further information.
8.3. You should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
9. Price of products
9.1. The price to be paid for a product (which includes VAT) will be the price as quoted on our Site when you place your order. We take all reasonable care to ensure that the price of the Product advised to you is correct.
9.2. Prices for our products may change from time to time, but changes will not affect any order for which we have issued an Order Confirmation.
9.3. The price of a product does not include delivery charges. Our delivery charges are as quoted on our Site and may be subject to variation from time to time. Delivery options and charges will be notified to you on the Site before you place your order.
9.4. If the rate of VAT changes between the date of your order and the date of the Order Confirmation we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
9.5. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing we may end the contract, refund you any sums you have paid and require the returns of any goods provided to you.
10.1. You can only pay for products using a debit card or credit card. We accept payment with: Visa, MasterCard, AmEx and PayPal.
10.2. We will do all that we reasonably can to ensure that all of the information you give us when paying for the products is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
10.3. Your credit card or debit card will only be charged when the products are dispatched.
10.4. If you think that a payment which has been debited from your debit card or credit card is wrong please contact us promptly to let us know.
10.5. If your payment is not received by us and you have already received the products, you:
10.5.1. must pay for such products within 5 days; or
10.5.2. must return them to us as soon as possible. If so, you must keep the products in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the products) and not use them before you return them to us.
10.6. If you do not return any products (such as where you have not paid for them) we may collect the products from you at your expense. We will try to contact you to let you know if we intend to do this.
10.7. Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under clauses 5 and 7.
11. Nature of the products
11.1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the products:
11.1.1. are of satisfactory quality;
11.1.2. are fit for purpose;
11.1.3. match the description, sample or model; and
11.1.4. are installed properly (if we install any products).
11.2. We must provide you with products that comply with your legal rights.
11.3. The packaging of the products may be different from that shown on the site.
11.4. While we try to make sure that the colours of our products are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.
11.5. Any products sold:
11.5.1. at discount prices;
11.5.2. as remnants; or
11.5.3. as substandard;
will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
11.6. If we can’t supply certain products we may need to substitute them with alternative products of equal or better standard and value. In this case:
11.6.1. we will let you know if we intend to do this but this may not always be possible; and
11.6.2. you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
12. Faulty products
12.1. Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of your key rights. For more detailed information on your rights and what you should expect from us, please:
12.1.1. contact us using the contact details at the top of this page; or
12.1.2. visit the Citizens Advice website or call 03454 04 05 06.
12.2. Nothing in these Online Shop Terms affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
12.3. Please contact us using the contact details at the top of this page, if you want:
12.3.1. us to repair the products;
12.3.2. us to replace the products;
12.3.3. a price reduction; or
12.3.4. to reject the products and get a refund.
13. Liability if you are a consumer
13.1. This clause 13 shall only apply if you are a consumer on our Site.
13.2. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for:
13.2.1. losses that:
184.108.40.206. were not foreseeable to you and us when the contract was formed; or
220.127.116.11. that were not caused by any breach on our part;
13.2.2. business losses; and
13.2.3. losses to non-consumers.
14. Liability if you are a business
14.1. Nothing in these terms shall limit or exclude our liability for:
14.1.1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
14.1.2. fraud or fraudulent misrepresentation; or
14.1.3. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
14.2. Except to the extent expressly stated in these Online Shop Terms all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
14.3. Subject to clause 14.1:
14.3.1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
14.3.2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to one hundred per cent (100%) of the total sums paid by you for products under such contract.
15. How we may use your personal information
15.1. We will use the personal information you provide to us:
15.1.1. to supply the products to you;
15.1.2. to process your payment for the products; and
15.1.3. if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
16.1. We will try to resolve any disputes with you quickly and efficiently.
16.2. If you are unhappy with:
16.2.1. the products;
16.2.2. our service to you; or
16.2.3. any other matter;
please contact us as soon as possible.
16.3. If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
16.3.1. let you know that we cannot settle the dispute with you; and
16.3.2. you may use the online dispute resolution (‘ODR’) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal.
16.4. These Online Shop Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. This does not affect any mandatory rights you may have under applicable law to bring legal proceedings outside England and Wales. Without limitation, if you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts and if you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
>17. Third party rights
17.1. No one other than a party to this contract has any right to enforce any term of this contract.
Copy, then complete and return this form only if you wish to cancel your order.
Hauser & Wirth AG
I/We*, hereby give notice that I/We* cancel my/our* contract of sale of the following product:
Order number _____________________
Ordered on _____________________ / Received on_________________________
Name of consumer(s): _____________________________________________________________________
Address of consumer(s): ____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
Signature of consumer(s) (only if this form is notified on paper): _________________________________
*(delete as appropriate)