General Terms & Conditions (Webshop)

General Terms & Conditions Guido Koppes Photography regarding Sales of Photography & Photo Art available on my Webshop.

  1. Applicability Terms and Conditions and Definitions
    1. The present General Terms and Conditions apply to all offers, (legal) acts, obligations and agreements that are related to the offering and sale by Guido Koppes Photography of Fotokunst to the Customer.
    1. The following definitions are used in these Terms and Conditions:
      • General Terms and Conditions: The present general terms and conditions;
      • Guido Koppes Photography: Guido Koppes Photography;
      • Photographer: The maker or photographer of the Photo Art; Guido Koppes Photography
      • Photo art: The photographic works that are offered for sale by Guido Koppes Photography, in a limited edition, as photo art, namely as a print and/or enlargement in a version determined in advance by Guido Koppes Photography or in a version to be determined by the Client;
      • Customer: the party to whom Guido Koppes Photography offers, sells and/or supplies its Photo Art.
  1. Webshop Information

The Customer cannot derive any rights from De Guido Koppes Photography from the information as stated on the website of Guido Koppes Photography, such as prices, formats, availability and editions. This information is without obligation and subject to possible (printing and typesetting) errors. Guido Koppes Photography is not liable in this regard and can, if necessary, dissolve an agreement concluded with the Customer without being obliged to pay compensation, but with reimbursement of the amount already paid by the Customer. If Guido Koppes Photography discovers that there is a printing or typesetting error and the Customer has placed an order in this regard and/or has concluded an agreement with Guido Koppes Photography, it will immediately inform the Customer and in consultation with him steps.

  1. Conclusion of Purchase Agreement
    1. The Customer can purchase Photo Art via the website of Guido Koppes Photography. The purchase agreement is concluded after the Customer has placed his order, the purchase price has been received by Guido Koppes Photography and Guido Koppes Photography has sent the Customer the purchase confirmation and the invoice. If the relevant Photo Art is no longer available, Guido Koppes Photography is entitled to dissolve the purchase agreement without owing any compensation to the Customer in this regard.
    1. Guido Koppes Photography reserves the right not to accept orders or assignments from the Customer without stating reasons.
    1. By placing the order and paying the purchase price, the Customer declares that he has taken note of and agrees to the applicability of these General Terms and Conditions and he accepts that any general terms and conditions used by him will not apply.
  1. Edition & Certificate of Authenticity
    1. The Photo Art offered by Guido Koppes Photography is sold in limited edition as Photo Art.
    1. The Photo Art is provided by Guido Koppes Photography with a certificate of authenticity and/or signature by the Photographer.
  1. CopyRights
    1. The Photographer is copyrighted by the Photographer (which is protected by, among other things, the Copyright Act).
    1. The Photo Art is sold for decorative use by the Customer. The Customer is not permitted to use the Photo Art for other purposes, including but not limited to reproduction, editing and/or use for commercial purposes. The Customer is liable if he uses or has used the Photo Art for unauthorized purposes and indemnifies Guido Koppes Photography against claims from third parties in this regard. All costs actually incurred by Guido Koppes Photography in this regard are owed by the Client.
  1. Prices & Payments
    1. Guido Koppes Photography reserves the right to adjust the prices shown on the website.
    1. All prices stated on the website are exclusive of delivery costs unless stated otherwise.
    1. After placing an order, the Customer must pay the price to Guido Koppes Photography. If, after payment, it appears that the Photo Art is no longer available, Guido Koppes Photography will inform the Customer of this within five working days and immediately refund the price.
  1. Delivery
    1. After receipt of the payment Guido Koppes Photography will contact the Customer to determine the date on which the delivery of the Photo Art will take place at the Customer. The delivery period is approximately ten working days after the order and payment by the Customer. This delivery term does not apply as a strict delivery term.
    1. Guido Koppes Photography can have the Photo Art delivered at the expense of the Customer (unless otherwise indicated on the website) to an address to be determined by the Customer. It is also possible that the Customer collects the Photo Art himself at an address to be indicated by Guido Koppes Photography. If the Customer is not present at the place of delivery during the agreed date for a delivery to an address to be indicated by the Customer, the carrier will contact the Customer to agree a new time for the delivery. The costs of the renewed delivery will be borne by the Customer.
    1. The Customer must thoroughly inspect the Photographic Art on delivery, in the presence of the carrier, for any damage and other defects. In the unlikely event that the Photo Art is damaged and/or shows defects, the Customer must state/describe the nature of the damage in detail on the transport letter from the carrier, on pain of forfeiture of his rights in this regard with regard to Guido Koppes Photography. and this delivery note must be signed by the Customer and the carrier. In the event of damage or defects, the Photo Art will immediately be taken back by the carrier and Guido Koppes Photography will ensure the delivery of a new work of the relevant Photo Art free of charge. The Customer is not entitled to dissolution of the agreement or to a refund of the amount paid by him.
    1. If no damage and/or defects are found, the Customer will sign the consignment note. The signature serves as a declaration by the Customer that he has received the Photo Art in good condition. At that time, the risk with regard to the delivered Photo Art is transferred to the Customer. Any damage that occurs or is found afterwards cannot be recovered from Guido Koppes Photography.
  1. Dissolution (purchase) agreement

Because the Photo Art is created in accordance with the Customer’s specifications (size, material, etc.) and the Photo Art is specially manufactured for the Customer on the basis of the order, the Photo Art is personal in nature and the Customer does not have the right to of the Photo Art to dissolve the (purchase) agreement and/or to return the Photo Art. Because Guido Koppes Photography values ​​satisfied customers, she is willing, if the Customer is not satisfied, to enter into consultations to see whether a solution is possible. Under certain circumstances Guido Koppes Photography is prepared to take back Photo Art and exchange it for other Photo Art, under the conditions that the Photo Art is undamaged, the Customer has reported the matter to Guido Koppes Photography within five days after delivery and the Customer reimburses all costs incurred. (including printing and framing costs, transport costs and settlement costs). There will be no refund of amounts paid by the Customer, if the new order concerns a lower amount.

  1. Liability
    1. The representation of the Photo Art on the website of Guido Koppes Photography is only an indication and Guido Koppes Photography does not guarantee that this is a true representation of the Photo Art.
    1. The Photo art is executed in a high print quality. In case of customization, Guido Koppes Photography has the Photo Art sold by her produced by a professional printer. In other cases, clearly indicated on the website, Guido Koppes Photography  prints the Photo Art itself. Guido Koppes Photography provides a warranty of three years (after delivery of the Photo Art) on the color retention of the Photo Art, provided the Photo Art has been used under normal conditions (normal humidity and not in bright light). After the expiry of the aforementioned period of three years, Guido Koppes Photography no longer accepts liability and any rights of the Customer lapse.
    1. Without prejudice to the inspection obligation incumbent on the Customer upon delivery of the Photo Art (and the consequences that apply if the Customer does not comply with this), the Customer may, on pain of forfeiture of his rights vis-à-vis Guido Koppes Fotografie, submit any complaints within two months after discovery. to Guido Koppes Photography must communicate.
    1. Guido Koppes Photography is not liable for damage as a result of a shortcoming in the execution of the agreement with the Customer, unless this is due to intent or gross negligence. Liability for indirect damage is excluded. The liability of Guido Koppes Photography is in all cases limited to €1,500.
  1. Final Provisions
    1. Provisions deviating from the General Terms and Conditions only apply if agreed in writing between Guido Koppes Photography and the Customer. Any general terms and conditions used by the Customer are rejected and have no effect.
    1. The legal relationships between the Parties are exclusively governed by Dutch law.
    1. These General Terms and Conditions do not apply to the delivery of digital (photo) files and/or commissioned works.

Guido Koppes Photography, Mei 21, 2020