Terms and conditions webshop

Introduction

These are our General Terms and Conditions. These General Terms and Conditions always apply when you use our Website or place an order through our Website, and they contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these General Terms and Conditions so that you can consult them at a later time.

Article 1. Definitions

1.1. Schokker Photography: based in Almere and registered with the Chamber of Commerce under file number 60547812, trading as Schokker Photography.

1.2. Website: the Website of Schokker Photography, to be found on www.jeroenschokker.nl and all of its subdomains.

1.3. Customer: the natural person or corporation who enters into an agreement with Schokker Photography and/or is registered on the Website.

1.4. Agreement: any arrangement or agreement between Schokker Photography and Customer of which the general terms and Conditions are an integral part.

1.5. General Terms and Conditions: these general terms and Conditions.

Article 2. Applicability of the General Terms and Conditions

2.1. The General Terms and Conditions apply to all offers, agreements and deliveries of Schokker Photography, unless explicitly agreed otherwise in writing.

2.2. If Customer in his order, confirmation or any other communication alleging acceptance of the General Terms and Provisions includes any provisions that differ from, or are not included in the General Terms and Conditions, such provisions will only be binding upon Schokker Photography if and in so far as Schokker Photography has accepted them in writing.

2.3. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, Customer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.

Article 3. Prices and information

3.1. All prices posted on the Website and in other materials originating from Schokker Photography include taxes and other levies imposed by the government, unless stated otherwise on the website.

3.2. If shipping costs are charged, these will be clearly stated in good time before the contract is concluded. These costs will also be displayed separately in the ordering process.

3.3. The content of the Website is composed with the greatest care. Schokker Photography cannot, however, guarantee that all information on the Website is correct and complete at all times. All prices and other information posted on the Website and in other materials originating from Schokker Photography are subject to obvious programming and typing errors.

3.4. Schokker Photography cannot be held responsible for deviations in colour that result from the quality of the colours displayed on the screen.

Article 4. Conclusion of the Agreement

4.1. The Agreement will be deemed to be concluded at the moment Customer accepts the offer of Schokker Photography subject to the conditions laid down by Schokker Photography.

4.2. If Customer has accepted the offer by electronic means, Schokker Photography will confirm receipt of acceptance of the offer by electronic means without delay. Until such receipt of acceptance is confirmed, Customer will have the possibility to terminate the Agreement.

4.3. If it is found that, in accepting or otherwise entering into the Agreement, Customer has provided incorrect data, Schokker Photography will have the right to postpone the Agreement until the correct data is received.

Article 5. Registration

5.1. To make optimal use of the Website, Consumer can register using the registration form/the account sign-in option on the Website.

5.2. During the registration process, Consumer will be asked to choose a username and password with which he can log on to the Website. Consumer alone is responsible for choosing a sufficiently reliable password.

5.3. Consumer must keep its login credentials, username and password strictly confidential. Schokker Photography cannot be held liable for any misuse of the login credentials and is always entitled to assume that Consumer who logs on to the Website is the party that it professes to be. Consumer is responsible for and bears the full risk of any and all actions and transactions performed via Consumer’s account.

5.4. If Consumer knows or has reason to suspect that its login details have become available to unauthorised parties, it will be required to change its password as soon as possible and/or to notify Schokker Photography accordingly so as to allow Schokker Photography to take appropriate measures.

Article 6. Execution of the Agreement

6.1. As soon as Schokker Photography has received the order, it will send the products to Consumer without delay and with due regard for the provisions of paragraph 3 of this article.

6.2. Schokker Photography is authorised to engage third parties in the fulfilment of its obligations under the Agreement.

6.3. In principle, the delivery term is 5 dagen. Delivery may be effected in various ways, at the discretion of Schokker Photography.

6.4. If Schokker Photography is unable to deliver the products within the agreed term, it will notify Consumer accordingly. In that case Consumer can decide either to agree to a new delivery date or to terminate the Agreement without incurring any costs.

6.5. Schokker Photography advises Consumer to inspect the products upon delivery and to report any defects within an appropriate period, preferably in writing or by email. For further details, see the article about guarantee and conformity.

6.6. The risks associated with the products will transfer to Consumer as soon as the products are delivered at the agreed delivery address.

6.7. If the ordered product can no longer be supplied, Schokker Photography is entitled to deliver a product which is comparable in nature and quality to the ordered product. In that case, Consumer will have the right to terminate the Agreement without incurring any costs and to return the product free of charge.

Article 7. Right of withdrawal/return

7.1. This article only applies if Consumer is a natural person who is not acting in his or her professional or commercial capacity. Business Consumers therefore have no right of withdrawal.

7.2. Consumer will have the right to dissolve the distance Agreement with Schokker Photography within 14 days after receiving the product, free of charge and without stating reasons.

7.3. The term commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party, or:

if the delivery of a product involves different deliveries or parts: the day on which Consumer, or a third party designated by Consumer, received the last delivery or the last part;
with contracts for the regular delivery of products during a given period: the day on which Consumer, or a third party designated by Consumer, received the last product;
if Consumer has ordered several products: the day on which Consumer, or a third party designated by Consumer, received the last product.

7.4. Only the direct costs incurred for the return shipment are for Consumer’s account. This means that Consumer will have to pay the costs of returning the product. Any shipping costs paid by Consumer and the purchase price paid for the product will be refunded to Consumer if the entire order is returned.

7.5. During the withdrawal period referred to in paragraph 1,Consumer will treat the product and its packaging with the utmost care. Consumer may not open the packaging or use the product unless this is necessary in order to determine the nature of the products, their features and their operation.

7.6. Consumer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted.

7.7. Consumer can terminate the Agreement in accordance with paragraph 1 of this article by reporting the withdrawal (digital orin other form) to Schokker Photography, within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way. If Schokker Photography makes it possible for Consumer to declare his withdrawal via electronic/digital means, then after receiving such a declaration, Schokker Photography sends immediate confirmation of receipt.

7.8. As quickly as possible, but no later than 14 days after the day of reporting as referred to in paragraph 1, Consumer shall return the product, or hand it over to (a representative of) Schokker Photography. Consumer can send the product directly to Schokker Photography without a notice of withdrawal in advance within the period as mentioned in paragraph 1. Consumer must, in this case, include a written notice of withdrawal, such as the model form.

Products can be returned to the following address:

Schokker Photography

Polluxstraat 53

1363 VB, Almere

7.9. Any amounts already paid by Consumer (in advance) will be refunded to Consumer as soon as possible, and in any case within 14 days after dissolution of the Agreement. If Consumer chose an expensive method of delivery in preference to the cheapest standard delivery, Schokker Photography does not have to refund the additional costs of the more expensive method. Except in cases in which Schokker Photography has offered to retrieve the product himself, he can postpone refunding until he has received the product or until Consumer proves he has returned the product, depending on which occurs earlier.

7.10. Information about the applicability or non-applicability of a right of withdrawal and any required procedure will be posted clearly on the Website, well before the Agreement is concluded.

Article 8. Right of withdrawal for Business Customers

8.1. The previous article on the right of withdrawal shall correspondingly apply to business orders, except that:

Business Customer must dissolve the Agreement with Schokker Photography within 14 days after receipt of the product.
after receipt of the return by Schokker Photography, only the purchase price will be refunded to Business Customer. Customer is responsible for returning the products and bears the costs in respect thereof.
as soon as possible, but in any event within 30 days after dissolution of the Agreement and receipt of returns by Schokker Photography, any (advance) payments made by Business Customer will be refunded.

Article 9. Payment

9.1. Customer shall pay the amounts due to Schokker Photography In accordance with the ordering procedure and any payment methods indicated on the Website. Schokker Photography is free to offer any payment method of its choice and may change these methods at any time. In cases of payment after delivery Customer will be given a term of payment of 14 days entering on the day after delivery.

9.2. If Customer does not complete his payment obligation, he will be indebted the legal interest over the belated payment. Schokker Photography needs to remind Customer of the belated payment and Schokker Photography has to give Customer a term of 14 days to complete the payment obligation. After failing this 14 days termSchokker Photography is allowed to recover any extrajudicial debt collection costs on Customer. These debt collection costs are not higher than: 15% of the open payment with a maximum of € 2.500,-;10% of the next € 2.500,- and 5% over the next € 5.000,- with a minimum of € 40,-. Schokker Photography is allowed to deviate from the named amounts and percentages in the advantages of customers.

Article 10. Warranty and conformity

10.1. This article only applies if Consumer is a natural person who is not acting in his or her professional or commercial capacity. If Schokker Photography gives a separate warranty on the products then, without prejudice to the aforesaid, this applies to all types of Consumers.

10.2. Schokker Photography guarantees that the products are in conformity with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement. If specifically agreed, Schokker Photography also guarantees that the product is suitable for other than normal use.

10.3. If the delivered product is not in conformity with the Agreement, Consumer must inform Schokker Photography within a reasonable period of time after he has discovered the defect.

10.4. If Schokker Photography deems the complaint to be correct, the faulty product(s) will be repaired, replaced or refunded in consultation with Consumer. The maximum amount of compensation is, having regard to the Article on liability, equal to the price paid by Consumer for the product.

Artikel 11. Warranty on business purchases

11.1. Schokker Photography guarantees that the products are in conformity with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement. If specifically agreed, Schokker Photography also guarantees that the product is suitable for other than normal use. Otherwise, it applies that the product is suitable for normal use.

11.2. If the delivered product is not in conformity with the Agreement, Customer must inform Schokker Photography within a reasonable period of time after he has discovered the defect.

11.3. If Schokker Photography deems the complaint to be correct, the faulty product(s) will be repaired, replaced or (partially)refunded in consultation with the Customer.

Article 12. Complaints handling procedure

12.1. If Customer has any grievances in connection with a product (in accordance with the article on warranties and conformity) and/or about other aspects of Schokker Photography Service, it can submit a complaint by telephone, by email or by post. See the contact details at the bottom of the General Terms and Conditions.

12.2. Schokker Photography will respond to the complaint as soon as possible, and in any case within 7 days after having received it. If it is not yet possible for Schokker Photography to formulate a substantive reaction to the complaint by that time, Schokker Photography will confirm receipt of the complaint within 7 days after having received it and give an indication of the term within which it expects to be able to give a substantive or definitive reaction to Customer’s complaint.

12.3. If Customer is a natural person who is not acting in his or her professional or commercial capacity, it can file a complaint through the European Online Dispute Resolution platform, available at: http://ec.europa.eu/odr/.

Article 13. Liability

13.1. This Article only applies if Consumer is a natural person or a legal entity who is acting in a professional or commercial capacity.

13.2. The total liability of Schokker Photography in respect of Consumer due to an attributable failure to perform the Agreement is limited to compensation not exceeding the price stipulated for that particular Agreement (including VAT).

13.3. The liability of Schokker Photography in respect of Consumer for indirect damage or loss, which in any case includes – but is explicitly not limited to – consequential damage, lost profit, lost savings, loss of data and damage due to business interruption, is excluded.

13.4. Aside from the cases referred to in the two previous paragraphs of this Article, Schokker Photography is not subject to any liability at all in respect of Consumer for damages, irrespective of the ground on which the action for damages is based. The restrictions set out in this Article, will, however, cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of Schokker Photography.

13.5. Schokker Photography will only be liable to Consumer on account of an attributable failure in the performance of an agreement if Consumer issues a proper notice of default to Schokker Photography without delay stipulating a reasonable period of time in which to remedy the failure, and Schokker Photography also continues to fail to perform its obligations after that period. The notice of default must contain a description of the failure inasmuch detail as possible to enable Schokker Photography to provide an adequate response.

13.6. Any event giving right to compensation is always subject to the condition that Consumer reports the damage or loss in writing to Schokker Photography as soon as possible, but no later than within 30 days after the damage or loss has arisen.

13.7. In the event of force majeure Schokker Photography is not liable to pay compensation for any damage or loss Consumer has incurred as a result.

Article 14. Retention of title

14.1. As long as Business Consumer has not made any full payment on the total amount agreed Schokker Photography will retain ownership of all the goods delivered (including possible debt collection costs and interest).

14.2. Before the transfer of ownership, Business Consumer is not authorized to, other than corresponding to his normal company and normal destination of the goods, sell, deliver or any other way of misappropriation. Furthermore, Business Consumer is not allowed to pawn the goods or to give any rights regarding the goods to third parties as long as the transfer of ownership has not been completed.

14.3. Business Consumer is obliged to keep any goods that are delivered under reservation of ownership with care and recognizable as property of Schokker Photography.

14.4. Schokker Photography is entitled to withdraw any goods delivered under reservation of ownership and in the possession of Business Consumer, if Business Consumer has neglected to pay the invoices or has been confronted with payment difficulties.

14.5. Business Consumer shall give Schokker Photography access to his goods at any time to inspect and/or to exercise the rights of Schokker Photography.

Article 15. Personal details

15.1. Schokker Photography will process the Consumer’s personal details in accordance with the privacy statement, which can be found at https://jeroenschokker.nl/privacy-policy/.

Article 16. Final provisions

16.1. This agreement is governed by the laws of the country of establishment of the webshop.

16.2. Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the Agreement will be submitted to the competent Dutch court in the district where Schokker Photography has its registered office.

16.3. If any provision set out in these General Terms and Conditions should prove to be void, this will not affect the validity of the General Terms and Conditions as a whole. In that case, the Parties will lay down one or more new provisions replacement which will reflect the original provision as much as is possible under the law.

16.4. The term ‘written’ in these General Terms and Conditions also refers to communication by email and fax, provided that the sender’s identity and the integrity of the email message have been sufficiently established.

16.5 Import Taxes

Place note that orders destined for outside the EU are sometimes subject to import taxes, payable by the customer. For further guidance on customs charges we recommend visiting www.simplyduty.com/import-calculator/ (*use HS code 9702 for photographic prints).

16.6 Copyright and Licence

The company retains the copyright of all products. Unless a specific license is granted by the company, you are not permitted to reproduce products, or any part of our products, in any shape or form, subject to the conditions prescribed under Dutch Copyright law and similar legislation that applies in your location.

16.7 Product Specifications (additional)

All product(s) specifications are as described on the product description, shown prior to purchase. The Company will review the product specifications occasionally so reserves the right to amend the specifications of any our product(s) without prior notice (with the exception of Limited Edition prints where editions have been sold previously).

Pre-ordered products in particular are subject to variations in product specification and appearance.

The Company endeavors to display and describe as accurately as possible the colors of our product(s) which appear on our website or product descriptions, but cannot undertake to give any assurance that the colors of product(s) supplied will exactly match those displayed on your monitor. This is a consequence of multi-standard color systems, notably the international screen based color system of RGB and the print color system of CMYK.

All products are tested and proofed by Jeroen Schokker to ensure accurate color representation.

16.8 Limited Editions Artworks

The total number of prints listed under each Limited Edition Artwork represents the total number of collectors’ prints being produced commercially for that artwork. No more will be produced for sale once all prints have sold out. We reserve the right to produce up to two ‘Artist’s Proofs’ (AP) for each artwork, in addition to the editions quoted, but if these are produced they are not normally intended for commercial sale.

Please note that artworks sold collectively, such as with or within a book, are excluded from this clause.

16.9 Delivery/ Shipping (additional)

The delivery address and method of delivery of the product(s) will be as shown on the invoice. The Company will endeavor to process the order and manufacture the product(s) in accordance with the time periods, charges, and methods described in the invoice. Any time periods quoted for delivery are indicative only. We reserve the right to refuse delivery to some destinations.

You must inspect the product(s) on delivery and, in the case where product(s) have been delivered by carrier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute receipt of the associated order free from any apparent defect or damage. If the product(s) are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by you or on your behalf.

Where a signature is required for proof of delivery you are responsible for ensuring that you, or an authorized recipient, is available at the time of delivery. If the item is subsequently returned to the company, and we have provided sufficient prior notification for that delivery, we may incur an additional charge for any subsequent re-delivery attempt which we will pass on to the customer.

Contact details

Should you have any questions, complaints or comments after reading these General Terms and Conditions, please contact us by email or letter.