TERMS OF SALE
- Definitions and application of the conditions
The present general conditions of sale (hereafter the "Terms of Sale") can be found on the website www.photoplanet.shop (hereafter: the “Website”). The Website is an initiative of:
Adrian Munteanu – one man business (hereafter “PHOTOPLANET”)
Company number (VAT-BE) 0559.827.778
For the purpose of these Terms of Sale, the following definitions shall have the following meanings:
- “Purchaser”: Every natural or legal person that enters into a contractual relationship with PHOTOPLANET. Each Purchaser agrees not to purchase the Products of PHOTOPLANET with the sole purpose of reselling them. Hereafter also referred to as “you” or “your”.
- “Consumer”: Every natural person acting for purposes outside his trade or profession.
- “Artist”: The original creator of the artworks offered as Products on the Website.
- “Products”: All goods that are the subject matter of one or more Sales Contracts.
- “Goods made to the Consumer’s specifications”: Non-prefabricated goods made on the basis of an individual choice of or decision by the Consumer.
- “Sales Contract”: Every contract in which PHOTOPLANET commits to transfer the property of the Products to the Purchaser and where the Purchaser commits to pay for these Products.
The Terms of Sale apply to all current and future sales of Products by PHOTOPLANET to the Purchaser. By using the Website, the Purchaser accepts these terms, as well as all other rights and obligations as stated on the Website.
These Terms of Sale are always and exclusively applicable, except in the case of an explicit derogation. An explicit derogation is only valid when it is the result of a mutual agreement that is recorded in writing. Explicit derogations are only valid when they replace or supplement the clauses they relate to. These derogations do not affect the applicability of other provisions of the Terms of Sale.
PHOTOPLANET reserves the right to amend and/or supplement the Terms of Sale in the future. Any future changes will have no effect on existing product orders and consequential agreements.
- Offer and Acceptance
Our online offer is presented with the utmost care. PHOTOPLANET provides information about the features of the Products, including technical descriptions based on information we received from our partners and suppliers, and photographs illustrating the Products. We provide this information to the extent technical resources permit us. The images displayed on our Website provide an approximate representation of the substantial features of our Products.
Our online offer is presented as an invitation to purchase. PHOTOPLANET is not bound by its offer. An offer is only valid while stocks last. We reserve the right to attach particular conditions to a specific offer, such as a limited duration. The Purchaser can rest assured that these particular conditions are only applicable when explicitly communicated prior to the order placement.
To purchase a Product from the PHOTOPLANET range, the Purchaser must complete our online ordering method. This purchase is binding on the Purchaser. PHOTOPLANET will send a confirmation of the order within seven (7) calendar days directed at the e-mail address specified by the Purchaser at the moment of ordering. The sale contract shall be concluded as soon as the Purchaser has received the order confirmation email issued by PHOTOPLANET.
PHOTOPLANET retains the possibility to refuse the sending of an order confirmation email or to unilaterally reject an order placement by means of an explicit statement. There is no Sales Contract if PHOTOPLANET refuses the order. In such case, all payments that have been made will be promptly refunded. The Purchaser is not entitled to any form of compensation.
The Parties expressly acknowledge that the use of different types of electronic communications, such as email, give rise to a valid agreement. This is fully consistent with the Belgian Code of Economic Law. Within the limits of what is permitted by law, PHOTOPLANET can make use of all electronic files available to prove the existence of the Sales Contract. An ordinary digital or electronic qualified signature is not an essential requisite proof.
All prices are indicated in EURO and include VAT and other taxes. The individual product price does not include the costs of delivery and other additional costs. We will communicate these costs in the last step of our online ordering process.
The price as displayed on the confirmation of order is the final price to be paid, barring the exception of article 2 relating to Prices. Obvious errors in pricing, such as obvious inaccuracies, can still be corrected by PHOTOPLANET after the conclusion of the Sales Contract. The Purchaser must communicate any complaints regarding the pricing or the payment within seven (7) calendar days after the confirmation of order, in writing. The filing of a complaint does not suspend due payments.
We have the right to change our prices at any time but commit to always apply the prices that were indicated on our Website at the time of your order. Price changes that are due to changes in VAT rates will be borne by the Purchaser.
- Payment terms
Each payment is handled promptly and completely, i.e. when the Purchaser places his order. We may accept the payment methods as indicated on our Website:
In the future, PHOTOPLANET can always expand the payment methods. These expansions will always be announced on our Website. PHOTOPLANET takes all necessary precautions to ensure safe payments. Our main concerns are a loss or theft of your identity or financial information. The use of the above mentioned authorized payment partners and credit card issuers provide the necessary guarantees.
We make use of the secured payment system of provided by Shopify platform for the further processing of the payment. This closed security system processes your bank details always in an encrypted manner. Security measures via the SSL protocol are provided.
PHOTOPLANET shall only deliver the order as soon as it has received the full payment of all amounts owed by the Purchaser. PHOTOPLANET always retains ownership of all Products ordered until full payment of all amounts due under this Agreement has been made, regardless whether the delivery has already occurred.
We process every order in a rapid manner. Unless otherwise agreed, your order will be delivered within thirty (30) calendar days upon order confirmation. If PHOTOPLANET fails to deliver the Products within the agreed upon timeframe or within thirty (30) days upon order confirmation, the Purchaser has the right to request delivery within an additional, appropriate timeframe. The Purchaser may only terminate the agreement if PHOTOPLANET fails to deliver the Products within the additional communicated timeframe. In the event of such termination, PHOTOPLANET will reimburse all sums paid without undue delay and no later than fourteen (14) calendar days after termination of the agreement. The exceeding of the delivery time does not give rise to an additional right to compensation.
When you order a Product that is not in stock, there may be an indication of when the Product will be back in stock. The delivery time starts as soon as the Products are back in stock.
PHOTOPLANET uses external parties and carriers for the execution of the delivery, in particular (name carrier). This may have an effect on the deliveries. However, PHOTOPLANET takes no responsibility for late deliveries by third parties or for orders which are lost by third parties, nor does it take responsibility for late or lost deliveries in case of unforeseen circumstances or force majeure. If an order that has been sent remains undelivered, PHOTOPLANET will conduct an investigation at the carrier’s end. This can take several days. During this period, PHOTOPLANET cannot provide any reimbursement or proceed to a redelivery of the Products.
The Purchaser is responsible to make the delivery possible at the indicated address, either by being present himself or by designating a third-party present at the indicated address at the moment of the delivery. A delivery is performed as soon as the ordered Products are offered one time at the indicated address. If a delivery is unsuccessful due to a failure by the Purchaser or by the third party designated by the Purchaser, the cost of this delivery attempt is fully borne by the Purchaser.
PHOTOPLANET bears the risk for damage and/or loss of the Products until the moment of delivery. Risk associated with the Products shall pass from PHOTOPLANET to the Purchaser on delivery. Each delivery requires a signature of the delivery confirmation, but a lack of signature does not affect the transfer of risk.
- Defects and complaints
The legal guarantee obligation, as defined in Articles 1641 to 1649 of the Belgian Civil Code, is fully applicable to this agreement. Each Purchaser is consequently entitled to repair or replacement if he finds a defect in the delivered Products, to the extent that the requirements of the legal guarantee are fulfilled. Furthermore, every Consumer enjoys a legal guarantee period of two (2) years (Article 1649bis – 1649quinquies Belgian Civil Code). There is no legal guarantee obligation if the Purchaser was aware of the defects at the time of the sale.
The Purchaser or the third party designated by the Purchaser is required to examine the Products accurately on their conformity as soon as the Products are received. If the Product is affected by a visible defect, and the receiver perceives this defect, he must submit a complaint. Purchaser shall communicate these complaints towards PHOTOPLANET in a written statement and in an explicit, unambiguous and motivated manner. This must be done within seven (7) days upon delivery. It is the duty of the Purchaser to motivate this communication sufficiently.
The Purchaser must send the defective Products back to PHOTOPLANET in their original condition, including packaging, accessories and documentation, and always accompanied by the original invoice or a valid proof of payment. Any deficiency in this obligation will imply a proportional reduction in the repayment. All costs for return shipment shall be borne by the Purchaser. Sending back an order is always at risk of the Purchaser. We recommend a registered and insured return shipment to avoid the risks of loss and theft. This return shipment must be done within seven (7) calendar days after the communication.
The warranty is not applicable in case of:
- Damage caused by normal wear and tear; accidental or intentional changes caused by the Purchaser to the product, including improper and incorrect use; exposure to moisture, fire, earthquake or other external causes.
- Damage caused by an installation and/or use that is not compatible with the provided instructions and information.
In the absence of a motivated complaint, the Purchaser is not entitled to send back the Products. If the conditions of the guarantee are met, the Purchaser is firstly entitled to a free repair or replacement of the ordered Products, if the situation renders it possible. PHOTOPLANET is only held to a reimbursement if the reparation or replacement no longer produces the same benefit for the Purchaser. The Purchaser will have to communicate this ground in a clear and motivated manner. Any compensation and reimbursement can never exceed the amount invoiced to the Purchaser.
If the Products have been sent back even though the conditions were not met, PHOTOPLANET will send the Products back to the Purchaser. The cost of this shipment will be borne by the Purchaser. PHOTOPLANET may store the returned Products, on behalf and at risk of the Purchaser, as long as the costs of return have not been paid.
- Right of Withdrawal
7.1 Applicability of the Right of Withdrawal
The Consumer enjoys a right of withdrawal, in accordance with article VI.47 Belgian Code of Economic Law. The right of withdrawal provides the Consumer with the possibility to terminate the contract if, within fourteen (14) days after the delivery, he is not satisfied with the product. No motivation or penalty fee is required. PHOTOPLANET welcomes your feedback in order to improve our services.
If the Consumer applies his right of withdrawal in conformity to the legal conditions, PHOTOPLANET will take care of the reimbursement of the amount actually paid for the product within fourteen (14) calendar days. The reimbursement will be carried out through the same payment method you used for the initial transaction, unless the Consumer expressly agreed otherwise. No fee will be charged for the reimbursement.
Attention: PHOTOPLANET does not reimburse any additional delivery costs, such as the cost endorsed if the Consumer selects a delivery method that differs from the cheapest standard delivery method.
According to Article VI.53 of the Belgian Code of Economic Law, the Consumer is not entitled to exercise his right of withdrawal in the following cases:
- Service contracts after the service has been fully performed if the performance has begun with the Consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader (Article VI.53, 1° WER);
- The supply of Goods which are made to the Consumer’s specifications, or are clearly personalized (Article VI.53, 3°).
7.2 Exercising the Right of Withdrawal
The Consumer who wishes to exercise the right of withdrawal must communicate his decision explicitly and unambiguously, in a written statement. The communication must happen within fourteen (14) calendar days since the day of acquiring physical possession of the Products.
It is up to the Consumer to prove that he can rely on his right. The following information must always be clearly communicated:
- The following three dates: the date of order, date of receipt and the date on which the right of withdrawal is used;
- Name and address of the Consumer;
- Signature of the Consumer.
PHOTOPLANET shall make a model form available on its Website through which the Consumer can exercise his right of withdrawal. The Consumer must complete this form fully and truthfully.
The Consumer must send back the Products to PHOTOPLANET as soon he has notified his decision to exercise his right of withdrawal, and no later than fourteen (14) calendar days of the communication. The return shipment can only be done by manner of an authorized carrier. In any case, the Consumer will bear all costs and risks of remand. PHOTOPLANET may suspend the reimbursement until receipt of evidence by the Purchaser that the Products have been returned.
The Purchaser is liable for any diminished value of the Products resulting from the handling of the Products beyond what is necessary to establish the nature, characteristics and functioning of the Products. PHOTOPLANET is entitled to charge the costs of the impairment in proportion to the repayment.
The Consumer has no right of withdrawal if the above conditions are not met. In that case, the goods will be returned to the Consumer at the expense and risk of the Consumer. PHOTOPLANET commits to clearly communicate its motives to the Consumer.
- Force Majeure
Force majeure exists if PHOTOPLANET is, wholly or partially, prevented to accomplish its obligations towards the other party by circumstances beyond its control. In this case PHOTOPLANET is not obliged to fulfil its obligations. PHOTOPLANET may suspend its obligations for the duration of the force majeure.
- Intellectual property
PHOTOPLANET retains all intellectual property and other related rights with regard to the Website. These intellectual property rights include copyrights, trademarks, design rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable. The Purchaser is not allowed to make use of any of our intellectual property rights and/or to make changes in the presentation of these rights as described in this article, unless this is necessary for private use of the product.
Copyright of the art available on the Website remains the exclusive property of the Artist. The rights of representation and of reproduction of the works presented on the Website belong to the Artists and to PHOTOPLANET. Their conjoint authorization is necessary for all exploitation of these rights. Your rights to the purchased Products are therefore limited to a right to private use, excluding any right of representation and of reproduction.
- Applicable law and court of competent jurisdiction
In case of any dispute concerning the performance or interpretation of these Terms of Sale, PHOTOPLANET will put everything to work to find an alternative resolution for the dispute. As a Consumer, you have the possibility to bring your dispute concerning the Terms of Sale to an independent online dispute resolution service. For more information: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Belgian law exclusively applies to all of the offers and agreements. The application of the Vienna Sales Convention is explicitly excluded. All disputes that relate to or arise from the offers of PHOTOPLANET, or agreements that are made with them, shall be submitted to the courts of the judicial district of Brussels.