TERMS AND CONDITIONS OF SALE
These terms and conditions of sale (the « Conditions ») apply to all sale of artwork pieces (the “Artwork”) by ImageOffice BV, Korenbloemstraat 27, 9000 Gent BTW: BE 0508.946.627 email: firstname.lastname@example.org (commercial denomination “ID/ PHOTO GALLERY”) to the client (the “Client”).ID/ PHOTO GALLERY informs the Client that for certain pieces of artwork, it is only acting as an intermediary for private individuals and that it is not the owner of the Artwork..The Conditions exclude any and all general or particular conditions of the Client. The Client acknowledges having read the Conditions and having the possibility to keep and reproduce them. The Conditions can be accessed at any time on ID/ PHOTO GALLERY’s website.
ARTWORK Although the best efforts are made, ID/ PHOTO GALLERY cannot guarantee the perfect representation of the Artwork on its website, notably due to the differences in colour, therefore, ID/ PHOTO GALLERY shall not be responsible for the accuracy of the reproduction. Differences between the Artwork delivered and the Artwork represented on the website that do not affect the essential characteristics nor the quality cannot justify the cancellation of the order nor the refusal to take delivery.
ORDERS AND CONFIRMATION
3.1. To place an order, the Client fills his basket on ID/ PHOTO GALLERY’s website, provides his contact details, billing and delivery address. The Client will receive by email an order confirmation, containing notably the order number, the details of the Artwork ordered and the prices, the Conditions or a link to said Conditions, as well as the approximate delivery time.
3.2. The modifications made by the Client to his order shall only be valid if accepted and confirmed in writing by ID/ PHOTO GALLERY.
3.3. ID/ PHOTO GALLERY reserves the right to suspend or refuse the order, in particular in the event that the data communicated by the Client is incorrect or incomplete.
3.4. The Artwork is offered subject to availability. In case unavailability after the order is made, ID/ PHOTO GALLERY will promptly notify the Client via email. The Client will choose between ordering another Artwork or cancelling his order.
3.5. ID/ PHOTO GALLERY may prioritize orders and allocate limited stock between orders as it deems fit. ID/ PHOTO GALLERY reserves the right to limit the quantity of items purchased by person/household/order, for any reason.
DELIVERY AND RISKS
4.1. The Artwork shall be delivered within the time frame mentioned on the order confirmation. However, the following circumstances shall exempt ID/ PHOTO GALLERY from any liability or damages in case of late delivery:* force majeure, such as delay from carrier, bad weather, terror attacks, etc.;* in case of non-respect of the payment terms by the Client : * in case of modification to the order by the Client.
4.2. The Artwork shall be delivered at the address indicated on the order confirmation.
4.3. Except if otherwise specified, the Artwork is considered delivered when it is put at the disposal of the Client or of the carrier at the place indicated in the order confirmation. The Client shall be responsible for risks of loss or damage either as soon as he takes possession thereof or as soon as it is put at his disposal. In case the Client should designate another delivery place, the collection and, if applicable, the storage and insurance coverage of the Artwork will be the responsibility of the Client, at his risks and expenses.
RETENTION OF TITLE
The Artwork shall remain the property of its owner, until full payment of the price, including late interest and indemnities, if applicable.
PRICE AND PAYMENT
6.1. The purchase price shall be mentioned on the order confirmation. Except if otherwise specified, invoices are payable on the date mentioned in the order confirmation. The order shall only be processed after full payment of the purchase price. ID/ PHOTO GALLERY reserves the right to require additional securities, such as the payment by certified check or a bank guarantee.
6.2. Payment shall be made on the following bank account: Beneficiary: ID/ PHOTO GALLERY , Bank details: Bank: ING BELGIUM NV/SA, AVENUE MARNIX 24, BRUSSELS or on any other account designated by ID/ PHOTO GALLERY.
6.3. Except if otherwise specified in the order confirmation, the prices are in euros and are exclusive of packing, shipping, insurance and transport and customs costs, VAT, duties, taxes, and other supplements, which shall be paid by the Client prior to the delivery. The delivery costs are calculated separately during the order process, depending on the quantity of items, the delivery method and the location. After payment, an invoice may be downloaded through the Client’s account.
6.4. Any claim in connection with an invoice must be notified within 7 days following its reception, otherwise it will not be taken into consideration and the invoice will be deemed accepted.
6.5. The Client may not claim any right to set-off its debts towards ID/ PHOTO GALLERY, whatever the reason, with sums due or that could be due by ID/ PHOTO GALLERY to the Client, whatever the reason.
6.6. In case of non-payment of an invoice on its due date, the Client shall pay to ID/ PHOTO GALLERY, automatically and without prior formal notice, a late interest of 10% per year. Furthermore, any invoice unpaid on its due date shall be automatically and without prior formal notice increased by an additional fixed indemnity of 15% of the sums dues, without prejudice to the right of ID/ PHOTO GALLERY to claim additional damages. In case of judicial recovery of an invoice, the Client shall bear the reasonable recovery expenses such as lawyer’s fees and internal management fees.
7.1. The Client is required to verify the state of the Artwork delivered to him or collected from the chosen pick-up point and its compliance with the order. Any claims for apparent defects shall be made in writing, within 24 hours as from delivery or notification of the availability at the chosen pick-up point, with clear and frontal images of all sides of the package and detail images of the damaged areas. If the package is already opened, clear visuals of the front and back of the Artwork need to be included as well. Should the Client fail to proceed as detailed above, his claim cannot be taken into account and the Client shall be deemed to have definitively accepted the delivery.
7.2. In accordance with Articles 1641 to 1643 of the Belgian Civil Code, ID/ PHOTO GALLERY is required to guarantee the Artworks against hidden defects, provided the claim is made by the Client within a brief delay. If the Client’s claim is founded, the Client shall have the choice between returning the Artwork in its original packaging and obtaining full reimbursement of the purchase price or keeping it and obtaining partial reimbursement.
PECIFIC PROVISIONS FOR PRIVATE CONSUMERS
If the Client is a private consumer (ie. an individual customer acting for purposes that do not fall within the scope of his commercial, industrial, artisanal or self-employed activity), the following will also apply:
8.1. RIGHT OF WITHDRAWAL
8.1.1 The Client has a period of 14 calendar days as from the date of delivery of the Artwork or notification of its availability at a chosen pick-up point, to notify in writing to ID/ PHOTO GALLERY that he wishes to withdraw from the purchase, without penalties and without stating the reasons.
8.1.2. The Client may notify ID/ PHOTO GALLERY of his intention to withdraw from the purchase by by making a clear and non-ambiguous declaration by e-mail.
8.1.3. The Client shall return the Artwork in perfect condition, in its original packaging.
8.1.4. ID/ PHOTO GALLERY shall reimburse the amount paid upon return of the Artwork or when the Client communicates the proof of return, whichever is the earliest.
8.1.5. The costs related to the return of the Artwork shall be bore by the Client.
8.1.6. In accordance with Article 53 of the Belgian Book VI of the Code of Economic Law, in case of goods made to the Client’s specifications or clearly personalised, the right of withdrawal shall not apply.
8.2. CONFORMITY WARRANTY
ID/ PHOTO GALLERY shall be responsible, in accordance with articles 1649bis to 1649octies of the Belgian Civil Code, for any lack of conformity which exists at the time of delivery and which appears in a two years delay as of delivery. The lack of conformity must be notified to ID/ PHOTO GALLERY within two months of its discovery, after such delay, the Client will lose his right to invoke such lack of conformity. THIS SECTION APPLIES ONLY FOR THE ARTWORK WHICH BELONGS TO ID/ PHOTO GALLERY AND NOT FOR THE ARTWORK BELONGING TO PRIVATE PERSONS FOR WHICH ID/ PHOTO GALLERY ACTS AS INTERMEDIARY.
- LIABILITY OF ID/ PHOTO GALLERY ID/ PHOTO GALLERY GIVES NO WARRANTY AS TO THE AUTHENTICITY, FITNESS FOR A PARTICULAR USE, MERCHANTABILITY, CORRECTNESS, DESCRIPTION OF THE PHYSICAL CONDITION, SIZE, QUALITY, ORIGIN OR PROVENANCE OF THE ARTWORK. If the Client is a private consumer, this declaration concerns only the Artwork for which ID/ PHOTO GALLERY acts as intermediary. If and when available, the Artwork shall be delivered with an authenticity certificate or a condition report issued by ID/ PHOTO GALLERY upon the Client’s request. ID/ PHOTO GALLERY shall in no event be liable for any damages resulting from framing, mishandling, inappropriate conservation or exposition of the Artwork by the Client nor for its normal wear and tear.ID/ PHOTO GALLERY SHALL NOT BE LIABLE IN CASE OF LOSS OF INCOME AND/OR PROFITS, DAMAGES SUFFERED BY THE CLIENT OR ANY OTHER INDIRECT OR CONSECUTIVE DAMAGE, SUCH AS, WITHOUT THIS BEING LIMITATIVE, LOSS OF BENEFITS, CLIENTELE, LOSS OF EARNINGS, ETC. IN NO EVENT SHALL ID/ PHOTO GALLERY’s LIABILITY UNDER THESE PROVISIONS EXCEED THE VALUE OF THE ARTWORK AT THE TIME OF THE ORDER
- INTELLECTUAL PROPERTYThe sale of the Artwork implies no transfer whatsoever of any copyright or intellectual property rights. Intellectual property rights on the Artwork belong to and remain with their authors. It is expressly forbidden for the Client to reproduce or duplicate in any manner the Artwork without the prior and written approval of the concerned author.
- INTERNET AND NEW TECHNOLOGIES
11.1. All content on the website of ID/ PHOTO GALLERY such as text, graphics, logos, images, data, music, etc, is owned or licensed by ID/ PHOTO GALLERY or its suppliers and is protected by copyrights, trademarks, patents or other proprietary rights.
11.2. The Client is aware of the restrictions and risks related to use of the internet and any other means by which the website of ID/ PHOTO GALLERY is currently or will in the future be made available. ID/ PHOTO GALLERY gives no warranty that the site is virus-free or as to its inter-operability with any hardware of the Client. The Client is also aware of the risks of storage or transmission of information by digital or electronic means. The Client accepts that ID/ PHOTO GALLERY cannot be held liable for any harm caused by use of the website (as well as any applications) or the internet, following the above mentioned risks. The Client also accepts that the electronic information exchanged and the back-ups created by ID/ PHOTO GALLERY can serve as proof.
- DATA PROTECTION In the order process, the Client shall communicate personal data. This data is used by ID/ PHOTO GALLERY, acting as controller, to process the Client’s orders. The persons with access to the data are members of ID/ PHOTO GALLERY’s staff. ID/ PHOTO GALLERY shall process the data in accordance with applicable regulations, including the Belgian law of 8 December 1992 regarding the protection of privacy with respect to the processing of personal data, modified by the law of 11 December 1998. The Client has the right to request from the controller access to and rectification or erasure of personal data. The Client has the right, at any time, free of charge and upon request, to prevent the use of its data from being used for direct marketing.
13.1. The Conditions, together with the order, contain the entire agreement between the parties with respect to the subject matter hereof.
13.2. The nullity or inapplicability of one of the provisions of the Conditions shall not affect the validity or applicability of the other provisions. If necessary, the parties undertake to replace the null or inapplicable provision.
13.3. The fact that ID/ PHOTO GALLERY does not prevail itself of one of the Conditions at a given time may not be interpreted as a waiver to prevail itself of such Condition at a later stage.
13.4. Except if agreed otherwise, all notifications between the parties shall be in writing and shall be deemed to be received 5 working days after the sending of a registered letter or 2 working days after the sending of a fax or email to the address of the parties mentioned in the order.
13.5. In the event of conflict, the English version of the Conditions shall prevail.
13.6. The order is governed by Belgian law. In case of dispute, the courts of Ghent shall have sole jurisdiction. ID/ PHOTO GALLERY reserves the right to initiate any procedure before the courts of the address or registered address of the Client.
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