Terms and Conditions

 

Legal notice: All images and texts on this website are under copyright and property of Imagini. The website is protected by the Dutch law governing over intellectual property.

It is strictly forbidden to copy, reproduce or edit the images, photos, designs, text (or any other content) in any shape whatsoever. This includes entire or partial images.

The use of the website implies the acceptance of the terms and conditions in this document.

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Definitions:

Imagini: JK Golin, established in Uithoorn, NL (KVK nr 34268375)

Customer: the person (or company) with whom Imagini has entered into an agreement.

Parties: Imagini and customer together.

Prints: Photographs printed for sale

 

Applicability

These terms and conditions apply to all quotations, offers, sales, agreements and deliveries of products by Imagini and selected partners. All exceptions to these terms and conditions must be agreed in writing by both parties.

 

Offers and quotations

All offers and quotations are valid for 2 weeks as of the day on the offer. Within this period both parties may end the agreement with no obligations. The offer will lapse if there has been no engagement after this period.

 

Acceptance

Once an offer or quotation has been accepted an order form must be agreed on in writing or electronically. After acceptance the agreement is binding for both parties.

 

Prints

The purchase consist of an original unique print. When a customer purchases a print he/she is not purchasing the legal rights to the image (copyright). High definition digital documents of the image will not be shared with the customer and any low resolution documents may not be used to any other purpose. Imagini guarantees that an image is sold only once and that the image is not further used online or digitally (excluding Imagini’s own website and Instagram account). The customer may not reproduce, modify, edit, commercialize or exploit the image in any way.

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Prices

All Imagini prices are including VAT (BTW in The Netherlands). Prices offered are for the complete agreed on print, excluding transport or shipping.

Eventual international taxes are the responsibility of the customer.

Prices are based on the requests of the customer and images are printed on demand.

 

Payment

Imagini may require a down payment of up to 50% of the agreed amount. Once down payment has been received the request will be processed.

The full or remaining amount is due upon delivery.

Imagini remains the owner of all images until the customer has fully complied with payment obligations.

Imagini reserves the right to make a delivery conditionally to immediate payment or to require adequate security for the full payment due.

 

Late payment

If the customer does not pay within the agreed term, Imagini is entitled to charge an interest of 10% after 15 days (second payment reminder).

Failing of payment within 30 days entitles Imagini to recover the product. This process will be announced in writing or electronically.

Damaged products are not acceptable. Any damage will imply full payment. 

 

Delivery

All images are first controlled by Imagini. If the image does not meet quality requirements after printed Imagini will refund any down payment done. The print will remain property of Imagini.

If packaging is opened or damaged upon delivery, the customer must make a photo of the item upon receival in the presence of the delivery company and present claim to the delivery party. Financial compensation may be requested directly to the delivery party. In this situation, under agreement, an image may be re-ordered but Imagini is not liable for these costs. Original image (damaged) is to be returned to Imagini prior to the delivery of the reordered image.

If customer is responsible for the transport of the image, any damages are to be reported prior to transport out of Imagini. After the image is delivered to the customer Imagini is not liable for any damage.

 

Delivery Period

Any delivery period specified by Imagini is indicative and does not give the customer the right to dissolution or compensation if this period is not met with. Delivery of images are conditional to third parties meeting their notices. Imagini cannot be held responsible for delays regarding third parties (printing services and transport among others).

 

Return

Please keep in mind that images are printed to order. By law a customer has the right of return good within 14 days after purchase. No damaged goods are accepted for return. Shipping costs are always to be covered by the costumer.

 

Guarantee

The warranty relating to the print only applies to defects caused by faulty manufacture, construction or material. It does not apply to regular wear and tear or damage by accident, changes made to the product, negligence or improper storage by the customer. 

Important notice:

• Prints should never be framed directly in contact with glass. Always use a passe-partout (if applicable, delivered with the print).

• Do not place prints directly exposed to sun light

• Do not place prints in humid rooms (e.g. bathroom)

 

Force majeure

If a situation of force majeure arises as a result of which Imagini cannot fulfil one or more obligations towards the customer, these obligations will be suspended until Imagini can comply with it.

Imagini does not owe any compensation in a situation of force majeure.

This based on article 6:75 of the Dutch Civil Code.

 

Information

All personal information given by the customer to Imagini are solely used to complete the sale and transport of the prints. Name and email address of the customer will remain on file linked to the print’s unique code. Should a customer request that information will be deleted upon print delivery. The print will be linked in the system to a ‘private buyer’.

Name and address information may be shared with transportation party for delivery.

Email address is stored on third party database for eventual e-newsletters. A customer may remove their email address from that database at any time.

No other information is shared, given or sold to other parties.

 

Terms and Conditions

Terms and Conditions apply to all transactions. The latest version of the terms and conditions are considered valid. 

 

Applicability lay and competent court

Dutch law is exclusively applicable to all agreements between Imagini and customers.

Any legal actions will take place in Dutch court, unless the law prescribes otherwise. The Amsterdam District Court has exclusively jurisdiction regarding disputes concerning or arising from agreements with Imagini.