tERMS OF SALE
Article 1. General
These terms apply to the preparation, content and fulfilment of all contracts between the buyer and FOTOMISSIE. General (purchasing) conditions of the purchaser do not apply unless expressly agreed.
Article 2. Definitions
In this terms of sale buyer means: the natural or legal person who has ordered Fotomissie to deliver products or to carry out work.
Article 3. Price
a. The prices of all products that can be ordered through this Internet site includes 19 percent VAT, unless otherwise indicated.
b. The prices of goods listed on the Internet site are subject to change, for whatever reason.
Article 4. Delivery
a. The delivery times specified FOTOMISSIE are indicative. Exceeding the delivery time, does not give the buyer any rights to compensation.
Article 5. Complaints and Liability
a. The buyer has the obligation to examine whether the products meet the agreement after they have been delivered. If this is not the case, he shall inform Fotomissie within eight days. After the expiry of that period, the buyer will be deemed to have accepted the goods.
b. If it is demonstrated that the products do not comply with the agreement, Fotomissie has choice to replace the returned products and for new products or to refund the invoice value.
c. If a buyer for whatever reason do not wish to take the product, he has the right to return the product to Fotomissie within two weeks after delivery. Returns are accepted only if the product is undamaged. The cost of returning goods shall be paid by buyer.
Article 6. Payment
a. Unless otherwise agreed, the buyer has to pay the price and other sums due under the contract within 15 days after delivery to the account designated by Fotomissie. Exceeding the limit of 15 days the buyer is legally in default towards Fotomissie.
b. Fotomissie is entitled to charge a rate of 1% per Month on her claim after the 15 days as mentioned in article 6a.
c. If Fotomissie, after the expiry of the payment period, duns the buyer for payment, the buyer also has to pay an amount of 25 euros for administration costs.
d. If Fotomissie gives its claim on the buyer to third parties for collection, all related costs, both judicial and extrajudicial, are on behalf of the buyer. The extrajudicial costs are set at least 15% of the claim Fotomissie.
e. Payments made by the buyer are considered first to pay all interest and costs as mentioned under article 6d. Only after these costs are paid the payment will deduct the principal claim.
f. For each order cost will be charged for packaging and shipping.
Article 7. Property
By goods delivered by Fotomissie remain its property until all claims are fully paid. The risk of damaging the goods is transferred at the time of delivery.
Article 8. Intellectual and industrial property
All intellectual property rights that rest on the products supplied by Fotomissie are completely and unconditionally respected by the buyer. Fotomissie ensures that the products delivered to the buyer do not infringe any (unwritten) intellectual and / or industrial property of third parties. The buyer does not copy or reproduce the materials or any parts thereof in any form whatsoever without the written permission of Fotomissie.
Article 9. Communications
Fotomissie is not liable for wrong or delayed transmission of order information and communications resulting from the use of the Internet or any other communication traffic between buyer and Fotomissie, or between Fotomissie and third parties as it relates to the relationship between buyer and Fotomissie.
Article 10. Force majeure
Notwithstanding other rights Fotomissie has the right to suspend the execution of an order or to terminate the contract without judicial intervention (by notifying buyer in writing) in case of force majeure. In that case Fotomissie is not liable to pay any damages.
Article 11. Exclusion precedent
Acceptance of exceptions to these general conditions by Fotomissie for a period of time, does not affect her right to require immediate and strict compliance with these conditions. The buyer can not assert any rights on the grounds that Fotomissie applies these conditions with are flexibility.