General sales terms and conditions
Sergio Uda PHOTOGRAPHY
Kolderstraat 52, 3530 Houthalen-Helchteren
BTW BE 0 675.707.146
Article 1: General provisions
The e-commerce website of Sergio Uda PHOTOGRAPHY, a sole proprietorship with its registered office at Kolderstraat 52, 3530 Houthalen-Helchteren, VAT BE 0675.707.146, (hereinafter “Sergio Uda PHOTOGRAPHY”) provides its customers with the option of buying products from its webshop.
These General Terms and Conditions (“Terms”) are applicable to all orders placed by a visitor to this e-commerce website (“Customer”). When placing an order via the webshop of Sergio Uda PHOTOGRAPHY, Customer must explicitly accept these Terms, whereby Customer agrees to the applicability of these Terms with the exclusion of all other conditions. Additional Customer conditions are excluded, except when explicit accepted beforehand in writing by Sergio Uda PHOTOGRAPHY.
Article 2: Intellectual Property Rights
The buyer understands that when placing an order he / she can not claim the Intellectual Property Rights of the purchased artwork. The exclusive worldwide license of the purchased work will always be with the photographer. Due to the proprietary right, it is not allowed to copy, (re) print and / or edit the photos with photo editing software or otherwise. The buyer understands that when placing an order, he or she does not have the exclusive right to purchased artwork. Each sold work will be accompanied by an authentication document with limited serial number associated with the purchased artwork.
The content of this site is copyrighted. Any full or partial copy, translation, modification or dissemination thereof, in any form whatsoever, is prohibited, unless provided by Sergio Uda PHOTOGRAPHY in writing and prior agreement. The same goes for the pictures; As a result of the right of ownership, it is not allowed to print, print and / or edit the photos at their discretion, with photo editing software or otherwise, except with the written and written permission of the photographer. Any violation of these intellectual property rights may result in civil and criminal prosecution. Any full or partial reproduction is strictly prohibited.
Article 3: Price
All prices listed are expressed in EURO, always include VAT and all other required duties or taxes that the Customer must bear.
Any shipping, reservation or administration fees that are charged must be specified separately.
The specified price refers solely to the articles as set out in writing. The accompanying photos are intended as decorative and may contain elements that are not included in the price.
Article 4: Availability
Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for Sergio Uda PHOTOGRAPHY. With respect to the accuracy and completeness of the provided information, Sergio Uda PHOTOGRAPHY is solely bound to obligation of means. Sergio Uda PHOTOGRAPHY is in no way liable in event of obvious material or printing errors.
If the Customer has specific questions about for instance sizes, colour, availability, delivery terms or method, we ask the Customer to contact our customer service department in advance.
The product selection is valid while stocks last and may at any time be changed or withdrawn by Sergio Uda PHOTOGRAPHY. Sergio Uda PHOTOGRAPHY cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.
Article 5: Online purchases
To order a product online, the customer must choose the size and type of finish from the drop-down menu, then add his product to his shopping cart. Then he completes his customer information and chooses the payment method. In order to complete the order, the customer must end up pressing the "PURCHASE" button and making the payment.
The Customer may choose between the following payment methods:
- by credit card
- by PayPal
- Apple Pay
Sergio Uda PHOTOGRAPHY is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders.
Article 6: Delivery and execution of the agreement
All goods are delivered at the address indicated by the customer. For the security and safety of the customer, an identity document (or a copy) may be requested at delivery. The customer signs for receipt of delivery.
Home delivery is basically done by courier (only on ground floor).
Articles ordered via this webshop will be delivered in
Andorra, Belgium, Bosnia and Herzegovina, Bulgaria, Denmark, Germany, Estonia, Finland, France, Gibraltar, Greece, Hungary, Ireland, Iceland, Italy, Jersey, Kazakhstan, Kosovo, Croatia, Lithuania, Liechtenstein, Luxembourg, Macedonia, Malta, Monaco, Montenegro, Netherlands, Norway, Ukraine, Austria, Poland, Portugal, Romania, Russian Federation, San Marino, Serbia, Slovenia, Slovakia, Spain, Czech Republic, Vatican City State (Holy See), United Kingdom, Sweden, Switzerland
Anguilla, Antigua and Barbuda, Aruba, Bahamas, Belize, Bermuda, Netherlands Antilles, Canada, Costa Rica, Dominica, Dominican Republic, El Salvador, Greenland, Haiti, Jamaica, Cayman Islands, Mexico, Panama, Puerto Rico, Saint Barthelemy, Saint Lucia, Saint Pierre and Miquelon, Turks and Caicos Islands, United States, Virgin Islands (British), Virgin Islands (U.S.)
Central African Republic, Congo, Egypt, Ethiopia, Cote d’Ivoire, Cape Verde, Cameroon, Kenya, Madagascar, Morocco, Mauritius, Mozambique, Namibia, Rwanda, Seychelles, Senegal, South Africa
Australia, American Samoa, Cook Islands, Fiji, French Polynesia, Guam, Indonesia, Marshall Islands, New Zealand
Azerbaijan, Bahrain, British Indian Ocean Territory, Brunei Darussalam, China, Christmas Island, Cocos (Keeling) Islands, Cyprus, Egypt, Hong Kong, India, Indonesia, Iraq, Israel, Japan, Kazakhstan, Kuwait, Macau, Maldives, Malaysia, Pakistan, Qatar, Russian Federation, Saudi Arabia, Singapore, Taiwan, Korea (the Republic of), Korea (the Democratic People's Republic of), United Arab Emirates
Delivery occurs by courier, the shipping fee are for:
- Europe: Free shipping
- North America: 30€/item
- Africa: 40€/item
- Oceania: 50€/item
- Asia: 60€/item
Unless otherwise agreed or explicitly determined otherwise, the goods shall be delivered to the Customer’s residence within 30 business days of receipt of the order.
1) Sergio Uda PHOTOGRAPHY is always working with the most professional photo labs and always strives to meet the specified delivery deadlines.
2) The deadline is fixed at 30 business days. The term begins with the final term of the customer at Sergio Uda PHOTOGRAPHY. The aforementioned does not apply when the stated deadline for the customer is not acceptable. This is especially the case when it comes to a sale on delivery or the importance of the customer at an expiry date for compelling legally permissible reasons.
3) In the event of failure of Sergio Uda PHOTOGRAPHY (in particular because of force majeure or deliveries from its suppliers), which is not liable, Sergio Uda PHOTOGRAPHY has the right to terminate the contract if the performance barrier is not transient without the obligation to pay compensation. As long as the obstacle lasts, Sergio Uda PHOTOGRAPHY is not flawed. The purchase price already paid will be refunded in case of a contractual breach.
4) Orders and other services are only performed by Sergio Uda PHOTOGRAPHY, if there are no late payments from other contracts. Payments are initially settled on outstanding receivables, interest and costs, in the chronological order of the relevant expiration date.
5) Sergio Uda PHOTOGRAPHY is not liable for any consequential damage due to late delivery or non-delivery by the designated carrier. In such cases, liability is limited to the value of the items that are shown to be not received by the customer.
Any visible damage to and/or qualitative deficiencies of an article or other deficiency in the delivery must be reported immediately by the Customer to Sergio Uda PHOTOGRAPHY.
The risk due to loss or damage is transferred to the Customer at the time the goods have been physically received by the Customer (or a third party indicated by the Customer that is not the carrier). However, the risk transfers to the Customer upon delivery to the carrier when the carrier received the commission to transport the goods and this option was not offered by Sergio Uda PHOTOGRAPHY.
Article 7: Retention of title
Delivered articles remain the exclusive property of Sergio Uda PHOTOGRAPHY until the moment the Customer pays for the goods in full.
If necessary, the Customer undertakes to inform third parties of the retention of title belonging to Sergio Uda PHOTOGRAPHY, e.g. to anyone who would attempt to seize articles that are not fully paid for.
Article 8: Right of withdrawal
The provisions of this article apply solely to Customers in their capacity as consumers purchasing articles online from Sergio Uda PHOTOGRAPHY.
The right of withdrawal does not apply to contracts relating to the delivery of goods, which we have manufactured on the basis of customer specifications, or which are clearly adapted to your personal needs or which, by their nature, are not suitable for return.
The reproduction works performed on the basis of the detailed description of the buyer are not subject to the right of withdrawal. The Sergio Uda PHOTOGRAPHY webshop offers different sizes and finishes. In addition, the works a provided of a serial number.
"The delivery of goods manufactured according to the detailed description of the consumer or clearly personalized"
This exception is taken over in the "Market Practices and Consumer Protection" section of the new Belgian Code of Economic Law (Act of 21 December 2013, applicable since 31 May 2014). It complies with the exception laid down in European Directive 2011/83 / EU.
Article 9: Guarantee
The consumer has certain legal rights under the Act of 21 September 2004 concerning protection of consumers when purchasing consumer goods. This statutory guarantee applies from the date of delivery to the first owner. These rights remain in force irrespective of any commercial guarantee.
To make a claim under the guarantee, the Customer must provide some proof of purchase. Customers are advised to retain the original packaging used for the goods.
For articles purchased online and are delivered to the home of the Customer, the Customer must contact the Sergio Uda PHOTOGRAPHY customer service and to return the product at their own expense to Sergio Uda PHOTOGRAPHY.
Upon detection of a deficiency, the Customer must inform Sergio Uda PHOTOGRAPHY as soon as possible. In any case, any deficiency must be reported by the Customer within two months of detection. Hereafter, all rights to repair or replacement are voided.
The (commercial and/or statutory) guarantee are never applicable when there are deficiencies that arise as a result of accidents, neglect, falls, use of the product inconsistent with the purpose for which it was designed, failure to follow the operating instructions or manual, modifications or alterations to the article, rough usage, poor maintenance, or any other abnormal or incorrect use.
Deficiencies that manifest after a period of six months from date of purchase, or where applicable upon delivery, shall be deemed to not be hidden deficiencies, subject to contrary evidence provided by the Customer.
Article 10: Customer service
Sergio Uda PHOTOGRAPHY customer service can be reached at phone number +32 477 680 307, via e-mail at email@example.com or by mail at the following address Kolderstraat 52, 3530 Houthalen-Helchteren. Any complaints can be made through the aforementioned customer services contact methods.
Article 11: Penalties for non-payment
Without prejudice to the exercise of any other rights that Sergio Uda PHOTOGRAPHY is entitled to, the Customer owes interest at a rate of 10% per year on the non-paid amount in the case of non or late payment starting ipso jure on the date of the breach of contract and without notice. Furthermore, the Customer shall owe ipso jure a flat-rate compensation and without notice 10% of the pertinent amount, with a minimum of 25 euro per invoice.
Without prejudice to the foregoing, Sergio Uda PHOTOGRAPHY is entitled to take back the unpaid or incompletely paid for articles.
Article 12: Privacy
The responsible party for processing information, Sergio Uda PHOTOGRAPHY respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal information.
The personal information you share with us is used only for the following purposes: our customer management, order processing, newsletters, to keep you informed of our activities, advertising or marketing purposes, etc.
You have a statutory right to access and eventually correct your personal information. Subject to proof of identity (copy of identity card), you may receive a free paper record of your personal information by sending a written, dated and signed request to Sergio Uda PHOTOGRAPHY, Kolderstraat 52 – 3530 Houthalen-Helchteren, firstname.lastname@example.org. If necessary, you can also request the correction of information that is inaccurate, incomplete or irrelevant.
In the case when information is used for direct marketing purposes: You may preclude the use of your information for direct marketing purposes at no cost to yourself. To do so, you can always contact us in the aforementioned manner at Sergio Uda PHOTOGRAPHY, Kolderstraat 52 – 3530 Houthalen-Helchteren, email@example.com.
We treat your information as confidential and shall not communicate, rent or sell it to third parties.
The Customer is responsible for maintaining the confidentiality of their login information and the use of their password. Your password is stored in encrypted form and thus Sergio Uda PHOTOGRAPHY has no access to your password.
Sergio Uda PHOTOGRAPHY saves online (anonymous) visitor statistics in order to determine which webpages are accessed on the internet website and to what extent.
If you have any questions about this privacy statement, please contact us at firstname.lastname@example.org.
What is a cookie?
Use of permanent cookies
With the help of a permanent cookie we can recognize you on a new visit to our website. The website can therefore be customized to your preferences. Even when you have given permission to place cookies, we can remember this by means of a cookie. As a result, you do not always have to repeat your preferences, so you save time and make a more enjoyable use of our website. Permanent cookies can be removed from your browser settings.
Tracking cookies from ourselves
With your permission, we place a cookie on your equipment, which can be retrieved as soon as you visit a website from our network. As a result, we can find out that besides our website you have also been on the other website (s) in question from our network. The profile thus created is not linked to your name, address, email address, and the like, but only serves to match ads to your profile so that they are as relevant to you as possible.
Tracking cookies from our advertisers
With your permission, our advertisers place "tracking cookies" on your device. These cookies use them to track which pages you visit from their network, to build a profile of your online browsing behavior. This profile is co-built based on similar information that they receive from your visit to other websites from their network. This profile is not linked to your name, address, email address and the like, as we know, but only serves to match ads to your profile so that they are as relevant to you as possible.
Via our website, a cookie is placed from the U.S. company Google, as part of the "Analytics" service. We use this service to keep track of and report on how visitors use the website. Google may provide this information to third parties if Google is required to do so by law, or in so far as third parties process information on behalf of Google. We have no influence on this. We may or may not use Google's analytics information for other Google services.
The information collected by Google is as anonymous as possible. Your IP address is not expressly provided. The information is transferred to and stored by Google on servers in the United States. Google adheres to the Safe Harbor principles and is affiliated with the US Department of Commerce's Safe Harbor Program. This implies that there is an appropriate level of protection for the processing of any personal data.
On our website, buttons are included to promote ("liken") web pages or share ("tweet") social networks such as Facebook and Twitter. These buttons work through pieces of code that come from Facebook and Twitter, respectively. Cookies are placed through this code. We do not influence that. Read the Facebook and Twitter privacy statements (which can change regularly) to read what they do with your (personal) data they process through these cookies. "
"The information they collect is as anonymous as possible. The information is transferred to and through Twitter, Facebook, Google + and LinkedIn stored on servers in the United States. LinkedIn, Twitter, Facebook and Google + abide by the Safe Harbor principles and are affiliated with the US Department of Commerce's Safe Harbor Program. This implies that there is an appropriate level of protection for the processing of any personal data.
Right of access and correction or removal of your data
You have the right to request access to and correction or removal of your data. Please refer to our contact page. To prevent abuse, we can ask you to identify you appropriately. When it comes to access to personal data linked to a cookie, you must send a copy of the cookie in question. You can find it back in your browser settings.
Enable and disable cookies and delete them
You can set up your internet browser so that cookies are not accepted, or that you receive a warning when a cookie will be installed, or that the cookies will be deleted later from your hard drive. To do so, you must change the settings of your browser settings (via the help function). Keep in mind that in doing so you may prevent certain graphic elements from appearing correctly or prevent you from using certain applications.
Article 14: Invalidation - non-relinquishment
If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by Sergio Uda PHOTOGRAPHY to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.
Article 15: Disclaimer - Liability Limitation
Sergio Uda PHOTOGRAPHY can not be held liable for any damage resulting from the use of its website, including but not exhaustive, direct and indirect damage. Sergio Uda PHOTOGRAPHY assumes no responsibility whatsoever for the content of sites that have a hyperlink on its site, especially as regards privacy protection. Sergio Uda PHOTOGRAPHY can not be held liable for non-performance of the contract that has been concluded, in case of unavailability of the product, in case of force majeure, unrest or total or partial strike, in particular of postal services and transport And / or communication means, flooding, fire. Sergio Uda PHOTOGRAPHY is not liable for indirect damage resulting from the present terms, loss of operation, loss of profit, loss of opportunity, damage or expense.
Article 16: Amendments to the Terms
These Terms may be supplemented by other terms and conditions when explicitly referred to, and the general sales terms and conditions of Sergio Uda PHOTOGRAPHY. In case of inconsistencies, the present Terms take precedence.
Article 17: Proof
The customer accepts that electronic communications and backups shall serve as furnishing of proof.
Article 18: Applicable law - jurisdiction
Belgian law is applicable with the exception of the stipulations of private international law with respect to applicable law and with the exception of the Vienna Convention on the International Sale of Goods. Unless the Customer is a consumer, only the courts of the Sergio Uda PHOTOGRAPHY district have jurisdiction in the case of any disputes.