TERMS AND CONDITIONS
1. SCOPE AND CONTACT
The website www.photoimagegallery.com (hereinafter the ‘Site’) is published by ‘Alexandra Weinig’, whose head office is located at Avenue Jolé, 14, 1160 Auderghem, Brussels in Belgium, (Hereinafter the ‘HQ’). The company’s registration number is 0661.641.849 and its VAT number is BE0661641849.
The website is hosted by Squarespace.
Photo Image Gallery (hereinafter the ‘Seller’) sells imagery, posters, art photographs, and other decorative articles. The photographs by contemporary artists are numbered, in limited editions and offered in several formats (hereinafter the ‘articles’). The selection offered on the website will change in accordance with the level of stock and the artistic choices.
These General Terms and Conditions of Sale and of Utilization (hereafter the ‘Conditions’) govern the use of the website www.photoimagegallery.com and the contractual relations between ‘Alexandra Weinig’ (hereinafter ‘Photo Image Gallery’) and each user of the Site (hereinafter the ‘Buyer’ or the ‘User’ or the ‘Customer’) in case of online purchasing. The present conditions are governed by Belgian Law. By using the Site, the User accepts without reserve the Conditions, which are the only applicable, except prior derogation, explicit and written. The Conditions can be modified by Photo Image Gallery and the User is supposed to know the applicable conditions at the date of her/his purchase or visit. The revised terms and conditions shall apply to the use of our website from the date of publication. Each purchase is governed by the Conditions applicable at the date of the purchase. In approving a purchase, the Buyer accepts without reserve the conditions of sale.
Validating an order form is deemed to be equivalent to an electronic signature which has the same value between the parties as a written signature and serves as evidence that the order is complete and proper and that the amounts due may be claimed in performing that order.
Photo Image Gallery reserves the right to cancel or refuse any order from a customer with whom there was a dispute regarding for instance the payment of a previous order.
The present General Terms and Conditions govern the rights and obligations of the parties arising out of the online sales of products offered by the Seller. Although the site sells in Belgium and abroad (E.U. and non-E.U.), the Seller provides all its services from Belgium, and the contract between the parties will be deemed to be performed in Belgium, dispatching to different countries.
These General Terms and Conditions apply to all products sold via the site, and prevail over any and all other terms and conditions on the part of the Seller or the customer. They may not be varied without the Seller’s express prior consent in writing.
2. USE OF THE WEBSITE
Anyone wishing to buy products from the Seller must have the capacity to act in law. Should anyone be declared without capacity, they may not buy any products on Photo Image Gallery’s site and so acquire the capacity of customers. They must then purchase via their lawful representatives.
The Site is supposed to be available 24/7 but Photo Image Gallery do not warrant or represent that the website or any service on the website will remain available and the Photo Image Gallery could not be considered as responsible in case of technical problems or damages due to external fraud intrusion.
Information on the website is updated on a regular basis but Photo Image Gallery does not warrant or represent the completeness or accuracy of the information published on the Site. In case of mistakes by the Company about a price, Photo Image Gallery commits itself to apply the lowest price applied on the Site for a similar product (same mounting and size).
Products Photo Image Gallery offers are those as they appear on the sites at the time the customer implements their order subject to those products being available.
Photo Image Gallery agrees to make every effort to deliver all orders.
Photo Image Gallery cannot however be held liable for products not being available or for any losses which might arise as a result. Should one or more products in an order not be available, Photo Image Gallery will inform the customer via e-mail or in writing that it has cancelled his or her order wholly or in part or split it.
Should products be found to be unavailable and the Customer is informed of this but they have already paid for their products, Photo Image Gallery will ask its bank to refund the amount paid immediately, informing the customer by e-mail accordingly. How fast the refund is actually made depends on how the customer chose to pay when making their purchase. If they paid by credit card, the refund will appear on the next following monthly statement for that credit card. Should the customer find the refund is taking an abnormal length of time, they are advised to contact their bank.
Photo Image Gallery will in any case make the refund within 30 days.
All products offered for sale on site are described in good faith and conscientiously and as accurately as is possible; but the photographs on the website are of no contractual value whatsoever. Photo Image Gallery cannot accept any liability for any errors which may appear in the descriptions of the products or photographs, including slight variations in colours and dimensions.
4. PRICE AND ORDER
All the prices on the website are indicated in euros and inclusive of VAT. They are related to the purchase of a chosen article. The delivery fees are billed separately and depend on the country of the Buyer and the option chosen. In case of delivery to another country than Belgium, the Buyer does import the concerned article. In case of delivery outside the European Union, import duty and taxes may be applied. These charges are at the Buyer’s own expense. Please also note that the Buyer must comply with all applicable laws and regulations of the country for which the products are destined. Photo Image Gallery will not be liable for any breach by the Buyer of any such laws. The Buyer can contact his local customs office for further information before placing an order. The articles comply with Belgian law and Photo Image Gallery will not be liable for any breach of the law of the delivery country.
Billing is made on the basis of the price indicated at the date of the order and only if the article is still available. Payments are in euro only. The buyer becomes owner of the photograph as soon as the entire payment of the invoice is received by Photo Image Gallery.
Photo Image Gallery reserves the right to modify its prices at any moment. However, products will be invoiced based on the tariffs in force when the order was placed.
Products will remain Photo Image Gallery’s property until such time as the customer pays for them in full, i.e. until they pay the purchase price and costs in full. The purchase is considered as firm and final as soon as the buyer confirms the order. The Site sends a confirmation of the order by email.
In case an article appears to be unavailable without previous notice on the website, Photo Image Gallery will contact the buyer who will have the right either to cancel the order or to have another article of an equivalent price.
If there are deficiencies due to reasons of force majeure or false, inaccurate or misleading information provided by the buyer, Photo Image Gallery will not be liable. In case the responsibility of the Company is proven, compensation will not exceed the amount of the initial order.
The following payment methods are available: Credit or debit card from Visa, Mastercard, or American Express, or via PayPal. The Customer's bank account will be debited once the purchase has been confirmed, and payment will not take effect until such time as the customer's bank has given its consent to Photo Image Gallery. Should the customer's bank refuse payment, the order will be refused automatically.
The customer warrants they are authorised to make payments, and that there are sufficient funds in the bank account linked to the credit card to cover all the costs arising out of the transaction, failing which Photo Image Gallery may refuse the order.
Payment security is ensured by Stripe and a SSL certificate is used to guarantee the data protection. Photo Image Gallery uses Stripes and PayPal to handle payments online. Photo Image Gallery has no access to its customers' confidential payment details, nor does it keep them.
The Site and the payment service provider register all the transactions done between Photo Image Gallery and the Buyer. This information constitutes the proof of financial transactions.
Photo Image Gallery reserves the right to refuse any order from a customer with whom it is in dispute or who has brought a dispute in the past. Photo Image Gallery may also refuse an order should the customer not have paid for a previous order, wholly or in part.
Photo Image Gallery’s partner in shipping is bpost.
During the ordering process, the client provides and approves the delivery address details. The delivery address can be different from the billing address. The buyer who mentions the address and names of a third party for the delivery guarantees that he received prior authorization to use these details.
The delivery date depends on the level of stock and on the chosen delivery option. For information purpose, the average production is 5 working days. The delivery timescales mentioned on the Site start when the order is validated. It depends on the delivery company so that neither compensation nor order cancellation can be claimed by the buyer to Photo Image Gallery in case of delay.
Upon the reception of your purchase, it is your responsibility or the responsibility of the third party who receives the parcel to verify shipments and to express any reservations or complaints or even to refuse the parcel in case of clear signs of damage. In such a case, do not sign the delivery receipt, inform the delivery company and contact Photo Image Gallery within 24 hours. Otherwise, the right to return or exchange the purchased items is no longer valid.
Should the customer fail to arrange for redelivery within three weeks of confirming the order, or should they be out when that redelivery is made, the order will be returned to Photo Image Gallery automatically, who will then contact the customer to arrange for the order to be delivered, in which case the customer may be asked to pay additional delivery costs.
Photo Image Gallery reserves the right to split orders into one or more deliveries as products are available. Each delivery will be notified by e-mail. Deliveries will be accompanied by a delivery note which also gives details of the goods delivered.
Should a delivery go missing during the delivery process, and the provisions of this article are complied with, Photo Image Gallery will send a new shipment entirely at its expense if the product is still available or refund the value of the order including transport costs. The risks of loss and/or damage pass to the customer on delivery.
The articles are fragile. Once the delivery receipt is signed, the buyer is responsible of the damages due to an inappropriate use.
7. RIGHT OF CANCELLATION AND RETURNS
The Buyer has a legal cancellation right as stated in the European law. If one of the items purchased on the Site is not suitable for the Buyer, he has a period of fourteen (14) calendar days, to be counted from the day after the date of delivery, to cancel his purchase, without penalty or need for justification. From the notification of the cancellation, the Buyer has a period of 14 calendar days to return the article to Photo Image Gallery.
To exercise the right to cancel, you must inform Photo Image Gallery of your decision to cancel your order by filling out the Return Form and sending it to our customer services team, through postal service or email.
The articles to be returned must absolutely be returned properly protected in their original packaging and with the certificate of authenticity, in perfect resalable condition. If the article was damaged, broken or soiled by the Buyer, the right of cancellation will not be valid.
Any returns for which the sender cannot be identified will be refused. After the fourteen calendar days, Photo Image Gallery can no longer accept returns and will return them to the sender. Returns must be sent to the address below, which is also stated clearly on the Return Form.
Photo Image Gallery
Avenue Jolé 14
The costs and risks involved in returns will be borne by the customer.
Purchases will be refunded within 30 calendar days of Photo Image Gallery receiving the returns in good time, provided all conditions as specified above have been strictly complied with. Return costs will be at the Buyer’s expense. Under no circumstances can the amount repaid ever exceed what the customer actually paid.
You can find a Return Form template by clicking here.
The return right can be applied if the article you receive does not conform to your order. In such a case, Photo Image Gallery will refund the price of the article, the initial delivery costs and also any reasonable costs you incur in returning the item to us.
8. COPYRIGHTS IN THE PHOTOGRAPH
By buying a photographic print, the Buyer is only acquiring material ownership of the print for private use. No other rights are granted or implied. Reproduction, dissemination or public exhibition are not allowed. The artist and Photo Image Gallery remain the holder of the rights on intellectual property.
9. INTELLECTUAL PROPERTY IN THE WEBSITE
The Site is the exclusive property of Photo Image Gallery who gives access to it under the condition that the General Terms and Conditions of Sale and of Utilization are approved by the User. All the elements of the Site are protected by copyright laws. Those elements include, but are not limited to: text, graphics, artwork, user interfaces, software, domain name, visual interfaces, photographs, sounds, logo, computer code (including html code), programs, products, as well as the design, structure, contained on or available through the Website. Unless otherwise indicated, these elements are owned, controlled, and licensed by Photo Image Gallery. Any use of such elements (commercial use, reproduction, download, copy…) without express written permission is strictly prohibited, unless Photo Image Gallery itself has made it possible to share certain elements via social networks, in which case consent will be limited to the specific elements and social networks for which Photo Image Gallery has made it possible to share them. Any infringements of this will be pursued in the courts.
Any User who wishes to insert and use a direct link to the Site must request permission from Photo Image Gallery.
10. JURISDICTION AND APPLICABLE LAW
The present Conditions are governed by Belgian law. In case of litigation, an amicable resolution will first be sought before any legal action is taken. If no amicable agreement is reached, the courts in Brussels shall have sole jurisdiction.
Some information regarding other ways to solve conflicts can be found on http://ec.europa.eu/odr. However, Photo Image Gallery would all the same retain the right to submit the case to the courts in Brussels
11. SOCIAL NETWORKS
The Buyer can subscribe to the Facebook, Instagram or other social networks pages of the Company. By subscribing, the Buyer must comply with the terms and conditions of these social networks.
12. COLLECT AND USE OF PERSONAL DATA
Personal data obtained via this website are processed by Photo Image Gallery, Avenue Jolé 14, 1160 Auderghem, Belgium.
The Buyer allows Photo Image Gallery to store cookies on the Buyer’s computer hard drive. They are used to register the Buyer’s visit to our site in order to improve our personalized service to the Buyer. However, cookies can be blocked by configuring the internet browser.
Depending on the parameters chosen during the account setup, the Buyer may receive commercial proposals from Photo Image Gallery. If the Buyer no longer wishes to receive them, he can change the parameters at any time or contact Photo Image Gallery at email@example.com
Photo Image Gallery complies with the Belgian Act of 8 December 1992 on the protection of privacy in relation to the processing of personal data. According to it, the Buyer has the right to access, correct and delete personal details. He can use this right by sending an e-mail to firstname.lastname@example.org
Actual news updates on EU cookie law can be found on this website http://ec.europa.eu/ipg/basics/legal/cookies/index_en.htm
13. CUSTOMER SERVICE
For all information or any questions, our customer service is at your disposal via:
Mail : email@example.com
Phone: +32 (0) 484 85 08 83
Account number: BE90 0017 9264 0832
BIC CODE: GEBABEBB