GENERAL TERMS OF SALE: Daniloff Productions – Fine Art Photography
Article 1: Introductory Clause
All rights and obligations of the parties are exclusively governed by these general terms of sale. Any deviations must be recorded in writing between the parties. Any nullity of one of these provisions does not automatically result in all other provisions, as well as the agreement, being null and void. For all matters not regulated in these general terms of sale and contracting, common law applies.
Article 2: Application
These General Terms and Conditions apply to all legal relationships between Didier de Daniloff, hereinafter referred to as the seller, and a Counterparty, hereinafter referred to as the buyer, including quotations, order confirmations and oral or written agreements, even after the termination of an agreement, unless the parties have expressly deviated from these terms in writing.
- The buyer acknowledges the applicability of these General Terms and Conditions by the mere fact of giving an assignment to the seller, of any nature whatsoever, unless these terms have been expressly rejected in writing by the buyer.
- A simple reference by the buyer to their own terms or a standard clause on the letterhead or in the buyer’s own terms with the content of the exclusive effect of these own terms is not sufficient for this purpose.
- If deviations have been agreed upon with regard to certain subjects regulated by these terms, the present general terms remain in force for the rest of that agreement. Agreed deviations never apply to more than one assignment, unless confirmed in writing each time again.
- General terms and conditions (including payment terms) used by the buyer are expressly rejected by the seller at all times.
Article 3: Quotations
All quotations are given purely for informational purposes and can never be considered binding. They are based on the data provided with the request. Only the signing of a written contract creates the agreement between the parties.
Article 4: Orders
With every order placed, the buyer is obligated to pay in full for all ordered goods.
In case a backorder is cancelled without force majeure, the seller reserves the right to charge a flat administrative fee of 50 euros. If the buyer indicates that they wish to withdraw from the sale or contract wholly or partially, the seller has the choice between:
– forced execution of the agreement or
– dissolution of the agreement at the buyer’s expense, whereby the buyer is obligated to pay a flat compensation of 40% of the order amount, without prejudice to the seller’s right to prove their additional damages. The seller will communicate their choice to the buyer in writing. Force majeure releases both parties from their mutual obligations.
If the seller indicates that they wish to withdraw from the sale or contract wholly or partially, the buyer has the same rights and obligations as the seller as determined above.
When concluding a wedding photography package, a flat reservation fee of 500 euros must always be paid with the order and another 500 euros the week before the wedding. The remaining amount must be paid in cash upon delivery of the goods and/or wedding album.
When the bridal couple cancels the agreement for any reason or when a circumstance concerning the bridal couple is in any way the cause that the assignment cannot be executed, the reservation amount is forfeited to the seller. This also applies to date changes, except in exceptional cases! such at the seller’s discretion. In case of cancellation within 2 months of the wedding date, 70% of the total photography package is due.
When concluding an agreement for event photography, an advance payment of 30% of the total amount will always be charged and this must be paid before the start of the event.
Article 5: Delivery Terms
The predetermined delivery term starts on the date of the order.
All delivery terms are given purely for informational purposes and can never be considered binding: exceeding the delivery term can under no circumstances give rise to termination of the agreement, nor to any compensation. The buyer has no right at any time to refuse a late delivery.
Article 6: Validity Period
When purchasing a gift voucher, a validity period is always stated. Unless otherwise clearly agreed and stated on the voucher, this is always valid for a period of 6 months from the date of purchase. Upon expiration of the indicated date, gift vouchers are no longer accepted or exchanged for money. Gift vouchers are never exchangeable for money anyway.
Article 7: Transport
The transport or shipment of goods via any means of transport is done at the buyer’s risk. Even when this is done free of charge.
Article 8: Prices
Unless otherwise stated, all quoted prices are inclusive of VAT. Any adjustment in taxes of any nature (VAT, import duties, recupel, bebat, copyright, …) will be charged to the advantage or disadvantage of the buyer as the case may be.
Article 9: Complaints
Every complaint for visible defects must be noted in writing on the delivery note at the latest upon delivery, otherwise the goods are deemed to have been accepted. A claim based on hidden defects must be filed at the latest within one month after discovery of the defect, on penalty of forfeiture. The seller is in no way liable for the malfunction of the goods or services delivered by them when these are related to other products not delivered by them or if no mention was made of the complete configuration in the agreement. All complaints must be registered within 8 days.
Article 10: Warranty
The seller provides for the delivered goods the same warranties that are given to them by the manufacturer and/or suppliers of the goods. Unless otherwise agreed, the buyer cannot make more extensive claims. The warranty period begins on the day of acceptance of the goods or services. The liability under the seller’s warranty obligation is limited to a maximum of the delivery of new goods or parts excluding the costs for transport, installation or relocation costs, whereby the seller reserves the right to repair the defective parts instead of delivering new parts, to replace the delivered whole or to take it back against repayment of the purchase price. The consequences of wear, inexpert handling or incorrect maintenance are expressly excluded from the provided warranty. The warranty runs provided the buyer has immediately warned, has fulfilled the payment conditions and proves that the cause of the defect is attributable to a defect in construction, material or execution and provided the defect or damage does not result from unprofessional use, nor from negligence or malicious intent, nor from normal wear. The seller is not responsible for the fading of colors and images delivered by them and no warranty claim can ever be made for this. Goods returned to the seller must always arrive at the seller’s in original packaging or, failing that, in proper packaging: goods that arrive damaged at the seller’s, whether or not caused by transport, are returned to the buyer at their expense, without being eligible for exchange or warranty. If goods are returned to the seller that upon closer inspection turn out not to be defective or were not purchased from the seller, all handling costs will be charged to the buyer. All goods or delivered material, whether or not purchased from the seller, brought in by the buyer for finishing, inspection or repair remain in the seller’s business premises at the customer’s risk.
Article 11: Liability
The seller’s liability is limited to physical and material damage. The seller is not liable for consequential damage, including the loss or damage of delivered film or image material and the loss of data.
The seller is not liable for any damage that has arisen for the buyer, unless there is gross negligence or intent on the part of the seller or persons engaged by them. The liability is in any case limited to the amount of the invoice, or, if and insofar as there is insured damage, to the amount of the sum actually paid out under the insurance.
Article 12: Duty of Care
After completion of the assignment, neither the buyer nor the seller has a duty of care towards each other regarding the materials and data used.
Article 13: Illness and Force Majeure
Illness and temporary or permanent incapacity for work of the seller is considered force majeure and releases the seller from fulfilling an assignment according to an agreed delivery term or from their delivery obligation, without the client being able to claim any right to compensation for costs, damage and interest on that basis. In case of force majeure, the seller will immediately notify the buyer. After receiving this notification, the Counterparty has the right for eight days to cancel the assignment in writing, however under the obligation to take from the seller and compensate them for the executed part of the assignment.
Article 14: Payments
Unless otherwise agreed, all our invoices are payable net cash in Roeselare. In the absence of payment on the due date, interest of 10% per year is due by operation of law and without any notice of default. In addition, the amount of the outstanding claim will be increased by a minimum of 50€ for claims smaller than 500€, and by a minimum of 100€ for claims from 500€. If the goods or services are to be delivered in the context of performing contracting work, the seller reserves the right to charge for the goods and/or services as the delivery of the goods and/or the performance of the services progresses.
Article 15: Retention of Title – Copyright
With every order and delivery, a retention of title applies in favor of the seller. All goods remain the property of the seller until full payment for the delivered goods and/or services. The transfer of ownership of the goods is suspended until full payment in accordance with the general terms of sale. The buyer expressly acknowledges that the seller retains the right to reclaim the goods and/or services in the absence of full payment. The buyer also undertakes to insure the goods against all risks as long as full payment has not been made. The buyer may neither sell, nor move, nor rent or pledge, nor encumber with a mortgage the delivered goods before the full purchase price has been paid. The buyer is liable for loss, damage and any other cause that results in depreciation, even in case of force majeure.
All recordings made by Didier de Daniloff remain the copyrighted property of Daniloff Productions. Any form of reproduction, copying, internet use or other use is strictly prohibited unless there is a written agreement with the seller. Commercial use of recordings is always subject to a written agreement and payment of an agreed amount. Images delivered or purchased by a customer may not be passed on to third parties without written agreement from the seller and payment of compensation by third parties. By accepting these sales agreements, the depicted person accepts the right that the photographer uses their photos for publication (storefront, internet, publication, etc.).
Article 16: Disputes
In case of dispute, only the Courts of the Kortrijk district have jurisdiction. The contractual relations between the parties are exclusively governed by Belgian law.
