GENERAL CONDITIONS – SARAH DE GHESELLE
We are: Sarah De Gheselle, with registered office at 8660 De Panne, Bortierlaan 22 and company number 0550.880.222. You can reach us at the email address: firstname.lastname@example.org
PART 1 – GENERAL
Article 1 – Definitions
In these general terms and conditions, the following definitions apply:
- Offer: all offers and quotations issued by us, either via the website, via quotation or via social media.
- Service: the services we provide: Sarah De Gheselle
- Right of withdrawal: the right of a consumer to waive a distance contract within the statutory cooling-off period of 14 days and this in accordance with Article VI.47 ff. WER.
- Effective date: the agreement starts with the purchase of a product or service.
- Customer: The consumer or entrepreneur who purchases a product from us and thereby accepts the general terms and conditions.
- Agreement: the agreement entered into between you, as a Customer, and we, as a Service Provider.
B2C: Lightroom presets, ebooks, courses, photography
B2B: Social media & blog promotion, Social media coaching, Social media management, Content creation packages: Photography – Videography – Articles
- Written: the written communication such as e-mail or by registered letter where necessary.
- Website: Https://www.sarahdegheselle.com
Article 2 – Applicability of general terms and conditions
2.1. In these general terms and conditions we describe the rules on the basis of which we, as a Service Provider, will deliver our products to you, as a Customer. These terms and conditions apply to all our offers, agreements and products/services, and contain important information about your rights and obligations.
2.2. These general terms and conditions always take precedence over any general terms and conditions of you, as a Customer. This insofar as there is no deviation from these conditions in writing.
2.3. The latest version of these general terms and conditions always apply.
Article 3 – Offer and acceptance
3.1. We, as a Service Provider, always make an offer via the website, social media or via quotation. The prices are expressed in euros. VAT is charged. All prices are always exclusive of VAT.
3.2. If you, as a customer, act in the capacity of an entrepreneur, we, as a Service Provider, offer customized packages via a quote. Sarah De Gheselle’s quotations are valid for 14 days, unless stated otherwise in writing in the quotation. After a period of 14 days or the period indicated on the quotation, the offer from us, as a Service Provider, lapses and you, as a Customer, can no longer accept it.
3.3. We, as a Service Provider, always have the right to adjust the rates and/or conditions. The offer that existed at the time you, as a Customer, purchase it, is the current offer.
3.4. We, as a Service Provider, cannot be held to our offer if, as a Customer, you could reasonably understand that the offer, or any part thereof, contains an apparent material error or clerical error, such as an unrealistically high discount or unusually low asking price.
Article 4 – compensation:
The price always depends on the chosen product or service. The prices of the preset packs for B2C customers are listed on our website. For B2B customers the prices are stated in the quotation.
We, as a Service Provider, are subject to VAT. Any additional costs will always be indicated separately and will be borne by you, as a Customer.
4.2.1. Our physical products must be paid for immediately via the website upon purchase.
4.2.2. If you, as a Customer, act in the capacity of a consumer, you, as a Customer, must pay for the presets via the website.
4.2.3. If you, as a Customer, act in the capacity of an entrepreneur, you, as a Customer, will receive an invoice from us, as a Service Provider. This invoice must be paid within a period of 14 days, unless otherwise agreed in writing.
4.2.4. For photography assignments for both B2C and B2B, each invoice must be paid no later than before the start of the shoot.
4.2.5. In the event of non-payment or non-payment of the invoice within the set term, all outstanding invoices will become immediately due and payable by operation of law and without notice of default and the Customer will owe a default interest of 5% per month on the invoice amount from the due date, by operation of law and without prior notice of default. a fixed compensation amounting to 10% with a minimum of 75.00 euros. In case of partial payment, full compensation remains due.
Article 5 – Right of withdrawal
5.1. You, as a Customer, have the right to cancel the purchase of the purchased physical products within a period of 14 calendar days. We, as a Service Provider, have the right to ask you, as a Customer, for the reason for withdrawal, but you, as a Customer, are not obliged to give a reason.
The reflection period from the previous paragraph starts on the day after you, as a Customer, or a designated third party, have received the confirmation e-mail.
5.2. Exceptions: The right of withdrawal does not apply to our preset packs, ebooks,…
The dissolution of downloads and other deliveries of digital content, not delivered on a material medium, is thus not possible if the Customer has expressly consented prior to the delivery to commence the fulfillment of the agreement before the end of the cooling-off period and he has acknowledged to lose the right of withdrawal when granting this permission.
The dissolution of services is also not possible once they have been fully or partially performed. When purchasing coaching, retreats, courses and programs, you as a Customer agree that the service will be performed immediately, whereby you, as a Customer, waive your right of withdrawal.
The right of withdrawal does of course not apply to our customized products, once you purchase these, the implementation starts immediately and you, as a Customer, can no longer invoke the right of withdrawal.
Article 6 – Exercise of the right of withdrawal
6.1. In order to exercise the right of withdrawal, you, as a Customer, must inform us, as a Service Provider, by means of an unambiguous statement (e.g. in writing by post, or by e-mail) of your decision to withdraw from the agreement. You, as Customer, state the order number and the name of the product. This communication must reach us, as the Service Provider, before the withdrawal period has expired.
In order to comply with the withdrawal period, you, as a Customer, must send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.
6.2. You, as a Customer, must return the goods to us, as a Service Provider, without undue delay, but in any case no later than 14 calendar days after the day on which you communicated your decision to withdraw from the contract. You, as a Customer, are on time if you return the goods before the period of 14 calendar days has expired.
6.3. If the returned product is in any way diminished in value, we, as Service Provider, reserve the right to hold you, as Customer, liable and claim compensation for any loss in value of the goods resulting from use of the goods by you, as Customer, that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods. Only items that are in the original packaging, together with all accessories and invoice or proof of purchase can be returned.
6.4. If you, as a Customer, revoke the agreement, we, as a Service Provider, will own all of you, as a Customer; refund payments received, including standard delivery charges, to you, as the Customer, within a maximum of 14 calendar days after we have been notified of your decision, as the Customer, to withdraw from the agreement. In the case of sales agreements, we, as the Service Provider, may withhold reimbursement until we have received all the goods back, or until you, as the Customer, have demonstrated that you have returned the goods, whichever comes first.
6.5. We, as a Service Provider, will refund you, as a Customer, with the same payment method with which you, as a Customer, made the original transaction, unless you, as a Customer, have expressly agreed otherwise; in any event, you, as the Customer, will not be charged for such reimbursement.
Article 7 – Delivery and risk
7.1. We, as a Service Provider, decide for ourselves which content (photos, videos, articles) is made available digitally to you, as a Customer.
7.2. The content (photos, videos, articles) is only effectively printed by us, as a Service Provider, and made available to you, as Customer, after approval by you, as Customer, and after full payment of the advance and the final invoice. , regardless of the fact that, if necessary, a delivery time has been expressly agreed between the parties.
We, as a Service Provider, will, if this is reasonably possible, make the corrections indicated by you, as a Customer. The agreement of you, as Customer, with the content releases us, as Photographer, from any responsibility with regard to the form and content of the content.
7.3. All orders are shipped by us, as a Service Provider, by regular mail. The costs for an express delivery by courier that are the result of an emergency or at the simple request of you, as a Customer, are at your expense, as a Customer.
7.4. The following provisions apply to the purchase and shipment of products:
The shipping address is the address that you, as a Customer, have provided. We, as a Service Provider, are not liable for any errors in supplying this delivery information.
7.5. We, as a Service Provider, do our utmost to deliver our physical products within a delivery period of 3-4 weeks (depending on the destination).
7.6. The delivery time always starts after receipt of your payment. The full amount must be received by us, as the Service Provider, before delivery is made.
7.7. If no delivery time has been agreed, this will be determined in all reasonableness by us, as the Service Provider. If we, as the Service Provider, and you, as the Customer, agree that the delivery time will be brought forward, we, as the Service Provider, have the right to increase the originally agreed fee by at least 50%.
7.8. If you, as a Customer, change the original agreement, the delivery period can be extended.
7.9. If the delivery of a product is delayed, you, as a Customer, will be notified as soon as possible.
7.10. If you, as a Customer, are not at home at the time of delivery of the product, it will be taken to a postal point. However, the late collection of your package by you, as a Customer, does not entitle you, as a Customer, to dissolve the agreement.
7.11. We, as the Service Provider, cannot be held responsible for any consequential damages due to late delivery or non-delivery by the carrier appointed by the company.
If the shipment with the order again arrives at us, as Service Provider, because you, as Customer, have provided an incomplete or incorrect delivery address, you, as Customer, cannot claim compensation. At the request of you, as a Customer, the order will be sent again and you, as a Customer, will have to pay the shipping costs again.
7.12. If you, as a Customer, do not receive the order within the agreed term, you have one week to notify us, as the Service Provider. Under no circumstances can exceeding the delivery term entail a reduction of the price, nor cause any compensation or termination/dissolution or termination of the agreement.
7.13. We, as a Service Provider, are always entitled to ask you, as a Customer, an advance for costs. All travel costs such as transport tickets, overnight stays, catering, etc. are for the account of you, as a Customer. They are either charged to you, as the Customer, in the fee, or invoiced directly by us, as the Service Provider, to you, as the Customer. Travel time and travel by us, as a Service Provider, can be charged up to a maximum of 50% of our fee.
7.14. The time used for location scouting, casting, pre-lighting, setting up and breaking down the set and other preparatory work can be charged at a maximum of 50% of the day’s fee.
7.15. We, as a service provider, keep the digital content in our archives. A possible backorder is therefore always possible.
Article 8 – Quality of the work
8.1. We, as a Service Provider, declare that we make high-quality content according to our own standards and that we also edit it in our own style. †
8.2. We, as a Service Provider, have the right to carry out everything that is not expressly described in an assignment according to our own technical and creative insight.
8.3. Changes to the order by you, as the Customer, for whatever reason and pending the execution of the order, are for the account of you, as the Customer, and will only be carried out by us, as the Service Provider, after a separate quotation of additional costs has been signed for agreement to you, as a Customer, and has been delivered to us, as a Service Provider. Changes to the original order extend the execution period.
Article 9 – Liability
We, as a Service Provider, will always make every effort to perform the agreement to the best of our knowledge, ability and in accordance with the requirements of good workmanship. You, as a Customer, acknowledge that we, as a Service Provider, only have a best efforts obligation and not a result obligation. Our liability, as a Service Provider, is limited to the purchase amount/invoice amount.
We, as a Service Provider, have the right to engage third parties for the execution of the agreement. We, as a Service Provider, have selected these third parties with the utmost care in order to achieve a good quality of execution.
We, as a Service Provider, exclude any liability to our customers or any third person, with the exception of its possible liability to our customers for intent or gross negligence.
We, as a Service Provider, can in no way be held liable for indirect damages resulting from any use or performance of the services, such as loss of profit or loss of data.
In the event of direct damage, our liability, as Service Provider, is limited to the compensation paid by you, as Customer, for the service that caused the damage.
You, as a Customer, are responsible for personal accidents and your personal belongings.
You, as a Customer, are liable for damage caused to property of us, as a Service Provider, or of our appointee.
We, the Service Provider, must then make the corrections indicated in writing by you, as the Customer, but we are not liable for unspecified spelling, linguistic or grammatical errors. As soon as we, as a Service Provider, have sent the order to the printer, you, as the Customer, can no longer request corrections.
We, as the Service Provider, do not bear any responsibility for color deviations that may arise when fulfilling the order, for example due to the composition of the photographed objects or as a result of fluctuations in color temperature.
The verbal changes are made at the risk of you, as the Customer.
9.2. Force of the majority
We, as a Service Provider, do not accept any liability if we are unable to fulfill our obligations as a result of force majeure or other reasons. If the force majeure is only temporary, we will still try to meet our obligations from the moment that this is reasonably possible again.
9.3. Relationships with third parties
To the extent that we, as a Service Provider, would depend on the cooperation, services and deliveries of third parties, we, as a Service Provider; cannot be held liable in any way for damage arising from these relationships or their termination.
We, as a Service Provider, are not liable for damage caused by burglary or hacking of the Website. We, as a Service Provider, will do the necessary to observe all reasonable security measures and this in accordance with the state of the art techniques currently available.
We, as a Service Provider, are not liable for damage caused by phishing, farming or other forms of internet fraud or other criminal activities.
Article 10 – Disputes
You, as a Customer, are obliged to notify us in writing, as a Service Provider, of any complaints about invoices and/or services or products provided within 8 days of the complaint arising.
If a defect is reported later in a physical product, then you, as the Customer, no longer have an absolute right to repair, replacement or compensation.
You, as a Customer, can always choose to submit a complaint to the consumer ombudsman service of the Federal Government. This can be done via this link: http://www.consumentenombudsdienst.be/nl.
Article 11 – Caveat
Wij, als Dienstverlener, behouden ons het recht voor een opdracht te weigeren indien na aanvaarding nieuwe informatie beschikbaar komt die uitvoering voor ons, als Dienstverlener, onaanvaardbaar maken of indien niet aan de gevraagde acties en voorbereiding vanwege jou, als Klant, werd voldaan.
Article 12 – Portrait right
We, as a Service Provider, have the right and permission to use, reuse, publish and republish content created by us, in the currently and in the future known media, including the Internet, and for all our purposes, as a Photographer, including the portfolio, studio samples, self-promotion, participation in photo contests or exhibitions, educational purposes, editorial use, art and advertising. You, as a Customer, agree to this use. We, as a Service Provider, ensure that all images are first shown to you, as a Customer, before they appear on external media.
Artikel 13 – Intellectual property right
13.1. Content creation performed by us, as a Service Provider, is considered an artistic work and is subject to copyright. The content remains our property, as the Service Provider. Upon delivery of the files, we, as the Service Provider, give you, as the Customer, permission to use the files for the pre-agreed purposes and to reproduce the photos. In the event of an infringement of our copyrights, as the Service Provider, we charge three times the usual license fee for such a case, as compensation for the damage suffered. Compensation does not entitle you to further use of our work, as a Service Provider
13.2. By accepting these terms and conditions it is expressly acknowledged by you, as Customer, that all designs, information, images, emails, downloads, schematics and/or materials, and other content on the website, presets, products and items that you, as a Customer, through the use of our services, is owned by us, as a Service Provider, and is protected by the relevant intellectual property rights, including but not limited to copyrights, trademark rights, database rights, neighboring rights, patents and design rights.
13.3. You, as Customer, commit to any permitted exploitation of the created content, as well as any reproduction. To be accompanied by the mention “© Sarah De Gheselle” You, as the Customer, are prohibited from modifying the photos in any way.
13.3. You, as a Service Provider, retain full title to all photographic and other visual material supplied to you, as a Customer, in all circumstances, including ownership of the digital files and other carriers, even if they are temporarily made available to you, as a Customer. .
13.4. For any copyright infringement such as, but not limited to, any failure to state the reference “© Sarah De Gheselle ” on any permitted reproduction of a copyrighted work of ours, as a Service Provider, you, as the Client, the photographer will compensation of at least EUR 500.00 per infringement or infringing photo, without prejudice to the right of us, as Service Provider, to demand higher compensation.
13.5. We, as a Service Provider, grant to you, as a Customer, a limited, personal, non-exclusive, non-sub-licensable, non-transferable and irrevocable right to use the services and products for personal purposes and subject to the terms and conditions as set forth in these terms and conditions. asked. This is only for the duration of the agreement.
13.6. You, as a Customer, are expressly prohibited from copying, modifying, disclosing, using for direct or indirect commercial purposes or transferring to third parties any designs, information, images and other content prepared by us, as a Service Provider. . You, as a Customer, are also prohibited from transferring the license given to third parties. You, as a Customer, may only download, store and/or print the works for strictly personal use.
13.7. The parties can always deviate from this by means of a written agreement.
Article 14 – Data processing
In the context of the services that we, as a Service Provider, provide, we process as ‘responsible’ personal data of the contact persons that you, as a Customer, specify. The contact details of these persons may be processed in the context of our Customer Management, for marketing purposes, and serve to properly execute our agreement with you, as a Customer.
Article 15 – confidentiality
15.1. The parties will be bound to observe a full confidentiality obligation.
This means that, without the express permission of the other party, they may not use, distribute or transfer any of each other’s trade secrets in connection with any business facet to any other third party, in particular, but without this being an exhaustive list, regarding the pricing, marketing, production, financing, and strategic development of the company, lists or details of Customers and past or potential Customers, contractual terms, etc…, unless:
It concerns information that is publicly available without the fault or negligence of the parties
It concerns information that parties are required to communicate pursuant to a final (against which all remedies are exhausted) injunction, a final arbitral decision, or a final injunction issued by a governmental authority,
This concerns information that parties are obliged to provide on the basis of any legal, decree or regulatory or other binding government provision,
The parties must provide information in the context of his/her defense in legal proceedings or arbitration.
This confidentiality obligation will apply during the term of the agreement and afterwards.
15.2. The parties recognize the importance of this obligation. The breach of this confidentiality obligation during the term of this agreement shall be considered a serious error.
In case of violation of this article, the parties will owe a fixed compensation of 1,500 euros – without prejudice to the right to claim additional compensation, if this sum does not sufficiently compensate the damage. Such damages shall be payable to the other party without limiting its right to exercise any other possible remedy.
Article 16 – General
16.1. Niemand kan zijn of haar rechten en/of verplichtingen voortvloeiend uit deze algemene voorwaarden of onze overeenkomsten overdragen aan een derde partij zonder toestemming van de andere partij
16.2. Wanneer een bepaling uit deze voorwaarden geheel of gedeeltelijk in strijd zou zijn met een wettelijke bepaling, en daardoor nietig zou zijn, dan blijven deze voorwaarden voor het overige onverminderd van kracht. Indien nodig zullen partijen gezamenlijk een nieuwe bepaling overeenkomen die in dezelfde lijn ligt met het doel van de nietige bepaling.
16.3. Deze overeenkomst wordt beheerst door het Belgisch recht. Elke betwisting i.v.m. de interpretatie of uitvoering van een contract en m.b.t. onze facturen behoort tot de uitsluitende bevoegdheid van de rechtbanken van het gerechtelijk arrondissement West- Vlaanderen, tenzij dwingend recht anders bepaalt.