RingfotoNL

General Terms and Conditions for RingfotoNL Photo Service

Introduction

We are very pleased that you wish to use the services of RingfotoNL Photo Service, which are provided by H. De Beukelaer nv/sa—the company with which you are entering into an agreement. For the execution of this agreement, RingfotoNL Photo Service utilizes the services of H. De Beukelaer nv/sa and/or its affiliated companies ("Photo Litto" and its suppliers).

Below, you will find the general terms and conditions applicable to these services. By placing an order in the ordering section and/or by creating a customer account for the album section, you, as the customer, acknowledge these terms and conditions as binding. Before using the RingfotoNL Photo Service, you must also read and accept our provisions regarding the protection of personal data in relation to RingfotoNL Photo Service offerings.

To do so, please check the box labeled "I accept the general terms and conditions of sale," which can be found in the ordering section when finalizing your order.

Please check the box if you agree.

KODAK Licensed Product

Kodak and the Kodak trade dress are trademarks used under license from Kodak.

Services Offered

You may send digital image files to us via the RingfotoNL Photo Service to order prints on photographic paper or other photo products.

The fee payable by you for the creation of paper prints or photo products is determined based on the prices listed on the website at the time the agreement is concluded. These prices include statutory value-added tax (VAT).

Scope of Application

The RingfotoNL Photo Service ordering service is limited to the territories of Belgium and Luxembourg. This means that both the specified ordering address and the delivery address must be located in Belgium or Luxembourg.

Registration is required by creating a personal account. To place an order, you must create an account. This has the advantage that your personal data is protected by a password (for further information, please see the clauses regarding the protection of personal data). The data can be quickly retrieved for future orders.

The information in your customer account must be accurate and truthful. Furthermore, you are personally responsible for maintaining the confidentiality and use of your password. If you suspect that your password is being used without authorization, you are required to notify us. We are not liable for any damage caused by the improper use of your customer account by third parties.

If you have forgotten your password, you may have a unique username and password sent to your email address.

Intellectual Property

You are responsible for the content of the image files you submit. You warrant that you are authorized to use the image files you upload and that you hold the associated intellectual property rights. Specifically, you guarantee that you are not infringing upon any rights (including intellectual property rights) of third parties. You are held fully liable for the consequences of any infringement of intellectual property rights, and you agree to indemnify us and H. De Beukelaer nv/sa against any and all claims from third parties related to an actual or alleged infringement of intellectual property rights. Furthermore, you agree to compensate RingfotoNL Fotoservice and H. De Beukelaer nv/sa for any damages for which you are held liable.

To enable H. De Beukelaer nv/sa to provide the requested prints and enlargements, you grant H. De Beukelaer nv/sa permission to perform all necessary actions, including those defined under copyright law, such as storing and reproducing the material. H. De Beukelaer nv/sa may also subcontract these tasks if, in its judgment, it deems this appropriate. You acknowledge that the crop of the final print may differ slightly from that of the original material provided. H. De Beukelaer nv/sa reserves the right to verify and confirm your password.

Payment, delivery, and shipping

When paying by credit card, the amount will be charged immediately at the time of the transaction.

You are required to inspect the delivery upon receipt and report any complaints immediately.

Once the shipment is no longer under our control, you, as the customer, are responsible for demonstrating any loss or damage that may have occurred. This applies particularly in cases where we have handed the shipment over to a carrier, freight forwarder, or any other third party for delivery. This provision does not apply to consumers.

Your orders will be processed as quickly as possible. We will make every effort within our power to meet the agreed-upon delivery deadlines.

However, claims for damages or termination of the contract due to a delay in delivery by us or any of our agents are excluded. This does not apply if the delay was caused by intent or gross negligence on our part or on the part of one of our agents.

Subsequent performance, damages, contract termination, and liability

Our liability for defects is limited to subsequent performance (rectification or replacement of photo products that are proven to have been incorrectly manufactured, described, or packaged; this excludes defects resulting from normal wear and tear, improper storage/handling, or failure to follow operating or maintenance instructions and user manuals. We are not liable for modifications made by you, for the effects of third-party accessories, or for issues arising after the expiration date or the typical shelf life has passed).

For services, our liability is limited to subsequent performance in the event of defects. In the case of subsequent performance, we will select the most technically and economically viable solution, unless you are a consumer or choose a different option as a consumer. Such an alternative choice shall not be binding upon us if it is impossible to implement or can only be implemented at a disproportionate cost.

Furthermore, we accept no liability for defects regarding color discrepancies between the original photograph and the delivered paper print or photo product, particularly if these are caused by poor quality (e.g., low resolution) of the original image file.

Complaints based on matters of taste do not constitute defects.

Should two attempts to rectify a defect fail, you retain the right to either request a price reduction (discount) or terminate the agreement, at your discretion.

Our technical department must be given the opportunity to examine products for alleged defects.

If you are a business entity, the limitation period for claims regarding replacement or damages is one year. This does not apply to supplies made to resellers for the purpose of onward sale to consumers. Business entities are not entitled to claim reimbursement for costs incurred during attempts to rectify defects.

The provision of a replacement product does not extend the limitation period for claims related to defects.

In the event that the agreed-upon quality is not met, any further claims are excluded.

In particular, the agreement does not provide coverage for consequential damage resulting from defects.

You do not have the right to rescind a distance contract—under the legislation governing distance selling—if the paper prints or photo products being produced for you are created in accordance with your specifications and are clearly of a personal nature.

The defenses and limitations of liability set forth in these terms and conditions also apply to any third parties engaged by us, including H. De Beukelaer nv/sa, as well as its own suppliers and the third parties it engages.

Unlawful material

It is strictly prohibited to upload to and/or distribute via the RingfotoNL Photo Service any photographs that violate any law or regulation—such as, for example, child pornography or material that infringes upon any intellectual property rights. We, H. De Beukelaer nv/sa, our suppliers, and our service providers are entitled—though not obligated—to monitor the content of the image material provided to us and to take all appropriate measures to report such misuse. Should we be requested to do so by the police or other government authorities, or if we otherwise deem it necessary, we will provide the image material—in whole or in part—along with the associated personal data, to the police or other government authorities.

We reserve the right to remove image material from the RingfotoNL Photo Service—in whole or in part—without prior notice, and/or to refuse to print photographic material, if doing so is deemed appropriate for legal or other reasons.

Service Availability

We commit to making every reasonable effort to keep the website fully operational 24 hours a day. However, we accept no liability for any damages you may incur as a result of the website—or parts thereof—being temporarily unavailable, or due to other technical issues.

Termination of Services

We reserve the right to terminate your membership to the RingfotoNL Photo Service at any time.

In that case, all available personal data and other information relating to you will be deleted by us.

You may also terminate the RingfotoNL Photo Service yourself by deleting your customer data. In such an instance, all your stored personal data in the customer database, your image files, and any other stored information will be deleted. Consequently, access to all photos and albums you have saved up to that point will be blocked, and all albums associated with your user account, as well as all your image files, will be deleted. You may delete your customer data and files entirely at any time, provided there are no outstanding orders that have not yet been fully processed. Once the final order has been completed, you are free to proceed with the deletion of your data.

Conflicting Terms of Delivery

If any orders or other documents, files, texts, or electronic communications sent by you contain terms that conflict with these General Terms and Conditions, or if you add other provisions, such provisions shall not form part of the agreement.

Governing Law and Jurisdiction

Any disputes arising from or in connection with our agreement shall be governed by Belgian law. If you are a business entity, a legal person, or a public-law fund, the courts in Ostend shall have exclusive jurisdiction to settle such disputes. If you are not a business entity, the statutory rules regarding the choice of forum shall apply for the purpose of determining the competent court (in terms of both subject matter and territorial jurisdiction).

The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Validity

Should one or more provisions of these general terms and conditions be or become invalid, in whole or in part, the remaining provisions shall nonetheless remain in full force and effect. To the extent necessary, both contracting parties undertake to adopt a new provision that, from an economic perspective, most closely approximates the invalid provision.

Amendments

Should it become necessary over time to amend, adjust, or update these general terms and conditions—whether due to legal requirements or for other reasons—we will inform you of such changes and/or additions. These amendments and/or additions shall take effect immediately upon publication and shall apply to all orders placed via the 'ordering' section, as well as to all transactions initiated or executed after that point in time. You will always find the most recent version on this page. If you do not agree with the changes, you are free to terminate your agreement with us.

Questions

Please send any questions, comments, or complaints to our service center via email.

Distance selling
Voor alle producten en diensten die via onze website aangekocht worden, heb je in principe het recht af te zien van de aankoop gedurende 14 werkdagen, te beginnen vanaf de levering van het product of de aanvang van de dienst. Als de dienst onmiddellijk start, vervalt je recht om af te zien van de aankoop. Dit geldt ook voor aangepaste en op maat gemaakte producten of diensten. Opgelet: als je online afdrukken van foto´s uit je persoonlijke fotohoek bestelt of zulke foto´s op een cd laat zetten, dan kun je geen aanspraak maken op het bovenvermelde verzakingsrecht, omdat het hier producten met een duidelijk persoonlijk karakter betreft.