Last updated: March 8, 2023

Thank you for visiting Whitestone (heretofore also referred to as “we”, “our,” or “us”) Online Gallery website (the “Site”). By using the services on the Site, such as browsing, placing orders on the Site, membership registration, and request for sales negotiations (collectively, the “Services”), you are agreeing to all of the Terms and Conditions, the Privacy Policy, and the Cookie Policy provided herein. We will collect, use, store, and disclose any personal data provided by you in accordance with the Privacy Policy and the Cookie Policy. Please read the Terms and Conditions carefully from time to time to check for any updates or changes to any sections of our Terms and Conditions (including the Privacy Policy and the Cookie Policy) before using our Services. We reserve the right to terminate or change some or all of the Services at any time at our discretion. It is your responsibility to use our Services and bear the burden of any costs associated with their use at your own discretion. If you have any questions or comments regarding the Site, please contact us.

1. Registration

In order to use some of the Services available on the Site, you must register for an account. In registering for an account and using the Site, you agree to provide us with true, accurate, current, and complete information about yourself (as applicable). For more information on how we use your personal data, please refer to our Privacy Policy.

We will never ask you for your account’s password in writing (via email or otherwise), in person, or by telephone. You agree to safeguard your account and password used to access our Services and to use our Services through your account. In the unlikely event that you suspect that the security of your account has been compromised or that your account is being used in an unauthorized manner, please contact us immediately.

2. Order

Artworks listed for sale on the Site (“Artwork” or “Artworks”) are subject to varying availability. Each of the Artworks offered comes with a short explanation containing information about its medium, dimensions, name, artist, availability, and type. The price displayed for an Artwork’s includes its shipping costs.

To place an order for an Artwork, you must first register for membership, select the Artwork of your choosing, place it in your cart, and provide the necessary personal information to place your order. Please apply for a business meeting using the inquiry form if you have any questions.

3. Payment

We accept payment made through bank transfer or credit/debit card (Visa, MasterCard, American Express) for all orders. By placing an order using one of the above credit/debit card payment methods, you confirm that the method of payment used is yours or that you have been authorized to use it by the owner. If your card issuer refuses to authorize payment to us, we will not be liable for any delay or non-delivery.

After the sales contract has been concluded, you shall pay for the Artwork(s) by the due date in accordance using the method specified by us. In the event that you fail to pay for the Artwork(s) by the relevant time limit, we are entitled to cancel the sales contract.

4. Delivery

Unless otherwise specified, artwork will be shipped from our storage facility in Hong Kong or Japan and delivered by international courier.

5. Returns and Refunds

As a general rule, WHITESTONE GALLERY (including stores and online galleries) does not accept cancellations after the shipment has been completed at your discretion. Return or refund is only available when the Artwork(s) arrive damaged upon delivery. Any request for a return or refund must be made to Whitestone Online Gallery within 48 hours from the date of delivery. For refunds, shipping charges, taxes, and customs duties will not be refunded.

6. Pricing

An Artwork’s selling price listed on the Site in the currency set by you does not include local taxes, such as sales taxes or import taxes, that may require payment in the customer's country of residence. The delivery and packaging costs depend on the type of artwork, its dimensions, its weight, as well as the place of delivery. According to the laws and regulations of our shipping point (Hong Kong or Japan) and the country of destination, the delivery may be subjected to additional charges that require payment, including sales tax, import duty, customs duty, etc. Please note that these additional charges are the responsibility of the customer. In addition, please note that prices displayed are subject to change depending on market conditions and may fluctuate during the period of sale.

Prices displayed on the Site at the time your order will be honored except in the case of obvious error. While we put forth our best effort to ensure that all prices appearing on the Site are accurate, we do not guarantee that they are error-free and reserve our right to rectify any errors. If we discover an error in the price of any Artwork(s) that you have ordered, we will inform you as soon as possible and offer you the option of reconfirming or canceling your order. If we are unable to contact you, we will consider the order canceled.

7. Force Majeure

We shall not be responsible or liable for any failure or delay in the performance of the Services caused, either directly or indirectly, by forces beyond our control, including, without limitation, acts of God, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, server malfunctions, hacking activities or other security breaches, and/or disruption of utilities.

In case of a situation of force majeure, the execution of the sales contract may be suspended or, if the contract has been completed, cause the cancellation of the sale.

The party invoking this force majeure clause must immediately inform the other party upon invoking the clause, as well as upon cancellation of sale or of sales contract thereof.

8. Prohibitions

We reserve the right to terminate, suspend the use of all or part of the Service, cancel sales contracts, or take other necessary measures for any reason without prior notice or liability if we believe that you have breached these Terms and Conditions or applied any of the following. The following stated will result in the mentioned above:

• Using any technology to attempt to hide the use of multiple accounts or disrupt any of our Services in any way.
• If the communication required for the delivery of an Artwork has not been established for 14 days.
• If the price of the work and shipping charges are not paid to the designated account within 30 days after the invoice is issued.
• Initiating any communication that contains unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or racially, ethnically or otherwise objectionable material.
• Impersonating others or providing any kind of false information.
• In the event when the payment processor requests you to stop using the service.
• In the event when the payment processor or any other payment service provider takes measures to suspend the use of payment or receive agent services.
• When we determine that the customer falls under the category of anti-social forces, such as organized crime groups or those with close relationships to these parties or those equivalent to such forces.

9. Disclaimer

Without limitation to the foregoing, we provide no warranty or undertaking and make no representation of any kind that the Services will meet your requirements, nor do we imply that the Services will be free from defects, errors, bugs, infringements of rights relating to factual or legal deficiencies, safety, reliability, accuracy, completeness, effectiveness, suitability for a particular purpose, or any other standard related to the quality, function, or compatibility with other products either explicitly or implicitly.

Certain jurisdictions do not allow the exclusion of specific types of warranties or limitations on a consumer's applicable legal rights. Therefore, some or all of the above exclusions and limitations may not apply to you. However, in such cases, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

We do not guarantee that the use of the Site and Services will be error-free or that the Site or the servers that make it available are free of viruses or other harmful components. We recommend all users of the Site to ensure they have up-to-date software, including anti-virus software, installed.

Some events may happen beyond our reasonable control, such as adverse weather. Under such conditions, we will always do our best to aim at maintaining our Services but will not be responsible for failing to meet any obligations in the Terms & Conditions.

10. Intellectual Property

All “Content” (which is heretofore defined as, or includes, any text, audio or music, videos, graphics, photographs, and/or images) are the intellectual property of Whitestone Online Gallery or the Artists, which is protected by intellectual property and copyright laws and international treaty provisions.

The Site is for your personal and non-commercial use only. Any non-personal and/or commercial use of the Content is only permitted when expressly authorized by us and/or its third party licensors. You may not distribute, reproduce, publish, sell, or license any Content contained within the Site without Whitestone Gallery’s prior consent or authorization. Any such unauthorized actions may result in civil consequences or criminal penalties.

We reserve the right to withdraw or amend any component of the Services without notice. We will not be liable if for any reason the Site is unavailable at any time and for any period.

11. Governing Law and Dispute Resolution

Terms and Conditions and your use of the Services will be governed by the laws of Hong Kong SAR, except in the case of the conflicting legal provisions.

You agree that, if you have any concerns or disputes about the Services, you must first try to resolve the dispute informally by contacting us. Our policies and procedures are in accordance with Hong Kong SAR law. In the event of any dispute or claim relating to these Terms and Conditions, the relevant courts of Hong Kong SAR will have exclusive jurisdiction.

12. Indemnity and Waiver

At our request, you agree to compensate us fully and hold us (including our officers, directors, agents, affiliates, licensors, and suppliers) exempt from and against all liabilities, claims, expenses, damages, and losses, including legal fees, arising from any breach of the Terms and Conditions by you. This includes the use of the Site by any other persons using your account caused by your action or inaction.

If you breach the Terms and Conditions and we take no action against you, we will require no waiver or disclaimer in order to exercise our rights and/or seek remedies in any or all situations when you breach the Terms and Conditions.

13. Translation and Interpretation

These Terms and Conditions may have been translated if we have made them available to you through our Services. You agree that the original English text shall prevail in the case of a dispute.

14. Changes to These Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace the Terms and Conditions at any time. If the amendment is significant, we will make reasonable efforts to notify you as soon as possible before the new Terms and Conditions become effective. What constitutes a material change will be determined at our sole discretion.

After these amendments take effect, you agree that your continued access to or use of our Services will be bound by the amended Terms and Conditions.

Contact Us

If you have any questions about these Terms and Conditions, please contact us.