Business information 

Frederik Debrabandere

FD Photography

IJzerkaai 36

8500 Kortrijk

Belgium

frederik.debrabandere@mailfence.com

BE0753881624

RPR Ghent

Article 1: General provisions

The e-commerce website of FD Photography, a sole proprietorship with its registered office at IJzerkaai 36, 8500 Kortrijk, VAT BE 0753881624, RPR Ghent (hereinafter “FD Photography”) provides its customers with the option of buying products from its webshop.

These General Terms and Conditions (“Terms”) are applicable to all orders placed by a visitor to this e-commerce website (“Customer”). When placing an order via the webshop of FD Photography, Customer must explicitly accept these Terms, whereby Customer agrees to the applicability of these Terms with the exclusion of all other conditions. Additional Customer conditions are excluded, except when explicit accepted beforehand in writing by FD Photography.

Article 2: Price

All prices listed are expressed in EURO and always include VAT. All additional taxes or duties, e.g. when the  Customer is located outside the EU, are at the expense of the Customer.

Any shipping, reservation or administration fees that are charged will be specified separately at checkout. Additional shipping costs can be imposed after checkout if the size of the order exceeds the standard rate. The Customer will be informed on that by email.

The specified price refers solely to the articles as set out in writing. The accompanying photos are intended as decorative and may contain elements that are not included in the price.

Article 3: Availability

Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for FD Photography. With respect to the accuracy and completeness of the provided information, FD Photography is solely bound to obligation of means. FD Photography is in no way liable in event of obvious material or printing errors.

If the Customer has specific questions about for instance sizes, colour, availability, delivery terms or method, we ask the Customer to contact our customer service department in advance. 

The product selection is valid while stocks last and may at any time be changed or withdrawn by FD Photography. FD Photography cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.

Article 4: Online purchases

The Customer can choose between the products that are listed in the store. On the product page he/she/they can choose the number of articles he/she/they like to buy. If a product comes in different variations (e.g. size), this will be listed as such. Other variations cannot be requested on demand.

The Customer may choose between the following payment methods: 

• PayPal

FD Photography is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders. 

Article 5: Delivery and execution of the agreement

Any order is definite after completion of the payment procedure and after receipt of a confirmation email. Orders cannot be withdrawn after payment. If any additional shipping costs that were not listed at checkout are payable (see also Article 2), the Customer will be contacted by email.

When the goods are shipped, the Customer will receive a shipping confirmation by email. The Customer will also receive a tracking number in order to follow the shipment.

Articles ordered via this webshop will be delivered in 6-8 business days, unless otherwise mentioned on the product page.

Delivery occurs by mail or express service.

Unless otherwise agreed or explicitly determined otherwise, the goods shall be delivered to the Customer’s residence within 30 days of receipt of the order.

Any visible damage to and/or qualitative deficiencies of an article or other deficiency in the delivery must be reported immediately by the Customer to FD Photography.

The risk due to loss or damage is transferred to the Customer at the time the goods have been physically received by the Customer (or a third party indicated by the Customer that is not the carrier). However, the risk transfers to the Customer upon delivery to the carrier when the carrier received the commission to transport the goods and this option was not offered by FD Photography. 

Article 6: Retention of title

Delivered articles remain the exclusive property of FD Photography until the moment the Customer pays for the goods in full. 

If necessary, the Customer undertakes to inform third parties of the retention of title belonging to FD Photography, e.g. to anyone who would attempt to seize articles that are not fully paid for.

Article 7: Right of withdrawal

The provisions of this article apply solely to Customers in their capacity as consumers purchasing articles online from FD Photography.

The Customer has the right to withdraw from this agreement within a period of 14 calendar days without giving reasons. 

The right of withdrawal period will expire 14 calendar days after the date:

• the agreement was entered into (in case of a service agreement or digital content that is delivered in a non-material medium);

• or when the goods were physically received by the Customer or a third party indicated by the Customer that is not the carrier (in case of a sales agreement, including agreements that concern both goods and services);

• or when the last of the goods were physically received by the Customer or a third party indicated by the Customer that is not the carrier (in case of an agreement where the Customs will receive separate deliveries of goods from the same order);

To exercise the right of withdrawal, the Customer must notify

FD Photography

IJzerkaai 36

8500 Kortrijk

Belgium

frederik.debrabandere@mailfence.com

in an unambiguous statement (e.g. in writing by post, fax or e-mail) about their decision to withdraw from the agreement. The Customer may use the attached template withdrawal form, but it is not obligatory. 

To comply with the withdrawal period, the Customer must send a notification of their decision to exercise the right of withdrawal before the withdrawal period has expired. 

In any event, the Customer has no later than 14 calendar days from the day that they notify FD Photography of their decision to withdraw from the agreement to send back or hand over the goods to FD Photography, IJzerkaai 36, 8500 Kortrijk, Belgium. The Customer is on time if they have sent back the goods before the period of 14 calendar days has expired.

The direct costs of returning the goods shall be borne by the Client.

If the returned product is reduced in value in any way, FD Photography is entitled to hold the Customer liable and demand compensation for each depreciation in value of the goods that are due to the Customer’s use of the goods that goes beyond what is necessary in order to determine the nature, characteristics and operation of the goods. 

Only articles that are returned in the original packaging, along with all accessories, instructions and invoice or sales receipt can be returned. 

If the Customer withdraws from the agreement, FD Photography shall repay all payments received from the Customer up until that time including standard shipment costs with a maximum of 14 calendar days of the date that FD Photography was notified by the Customer of their decision to withdraw from the agreement. For sales agreements, FD Photography may wait on the reimbursement until all the goods have been sent back, or until the Customer has demonstrated that he has sent back the goods, whichever is earliest.

Any additional costs resulting from the Customer choosing another form of delivery other than by the cheapest standard delivery offered by FD Photography will not be refunded.

FD Photography shall repay the Customer using the same means of payment as the Customer used in the initial transaction, unless the customer explicitly agreed otherwise. In any case, the Customer will not be charged any costs in connection with such repayment.

The Customer may not exercise the right of withdrawal for:

• service contracts after the provision of service has been completed in its entirety.

• the delivery of goods manufactured according to the Customer’s specifications or that are clearly destined for a specific person.

• the delivery of goods that spoil quickly or that have a limited shelf life.

• the delivery of sealed goods that are not suitable for return due to reasons of health or hygiene protection and where the seal has been broken after delivery.

• the delivery of goods that are irrevocably mixed with other products after delivery due to the nature of the goods.

• agreements where the Customer specifically requests FD Photography to carry out urgent repairs or maintenance. 

• the delivery of newspapers, journals or magazines with the exception of agreements for a subscription to such publications.

• agreements that were entered into in a public sale.

• the supply of digital content that is not supplied on a tangible medium when the service has started with the explicit prior consent of the Customer and provided the Customer has confirmed that he thereby lost his right of withdrawal (e.g. downloading of music, software, etc.).

Article 8: Guarantee

The consumer has certain legal rights under the Act of 21 September 2004 concerning protection of consumers when purchasing consumer goods. This statutory guarantee applies from the date of delivery to the first owner. These rights remain in force irrespective of any commercial guarantee. 

To make a claim under the guarantee, the Customer must provide some proof of purchase. Customers are advised to retain the original packaging used for the goods.

For articles purchased online and are delivered to the home of the Customer, the Customer must contact the FD Photography customer service and to return the product at their own expense to FD Photography.

Upon detection of a deficiency, the Customer must inform FD Photography as soon as possible. In any case, any deficiency must be reported by the Customer within two months of detection. Hereafter, all rights to repair or replacement are voided. 

The (commercial and/or statutory) guarantee are never applicable when there are deficiencies that arise as a result of accidents, neglect, falls, use of the product inconsistent with the purpose for which it was designed, failure to follow the operating instructions or manual, modifications or alterations to the article, rough usage, poor maintenance, or any other abnormal or incorrect use.

Deficiencies that manifest after a period of six months from date of purchase, or where applicable upon delivery, shall be deemed to not be hidden deficiencies, subject to contrary evidence provided by the Customer. 

Article 9: Customer service 

FD Photography customer service can be reached via e-mail at frederik.debrabandere@mailfence.com. Any complaints can be made through the aforementioned customer services contact methods.

Article 10: Penalties for non-payment

Without prejudice to the exercise of any other rights that FD Photography is entitled to, the Customer owes interest at a rate of 10% per year on the non-paid amount in the case of non or late payment starting ipso jure on the date of the breach of contract and without notice. Furthermore, the Customer shall owe ipso jure a flat-rate compensation and without notice 10% of the pertinent amount, with a minimum of 25 euro per invoice. 

Without prejudice to the foregoing, FD Photography is entitled to take back the unpaid or incompletely paid for articles.

Article 11: Privacy

The responsible party for processing personal data, FD Photography respects the General Data Protection Regulation and the Belgian Privacy Act of 30 July 2018.

The personal data you share with us is used only for the following purposes: the processine of the order, including shipping. The legal bases are performance of the contract, consent, compliance with legal and regulatory obligations.

You have a statutory right to access, correct, supplement or remove your personal data. In a number of cases listed in the GDPR, you may also ask us to limit the processing of your personal data. You have the right to object to the processing of your Personal Data if you have serious and legitimate reasons that exceed our need to process your data. You have the right to request your Personal Data in digital and readable form and/or to have them transferred to another service provider of your choice. Insofar as our processing is based on your prior consent, you have the right to revoke that consent at any time.

In the case when information is used for direct marketing purposes, you may preclude the use of your information for direct marketing purposes at no cost to yourself. 

To exercise your rights you can always contact us in the aforementioned manner at frederik.debrabandere@mailfence.com..

We treat your information as confidential and shall not communicate, rent or sell it to third parties. It is possible that the personal information received from you may be communicated to our collaborating businesses: our supplier/producer of our photographic products.

For more information, see our Privacy Policy.

Article 12: Use of cookies

Our website uses cookies and similar technologies. This helps us to provide you with a better experience when you visit our website and also allows us to optimise our website. Without your prior consent, we only place those purely functional cookies that are necessary for the proper functioning of our website. For all other cookies, we ask for your prior consent.

For an overview of all cookies that our website places on your device, please refer to our Cookie Policy: https://www.squarespace.com/cookie-policy/.

On your first visit to our Website, you will be asked to accept our cookies.

You can set up your internet browser so that cookies are not accepted, or that you receive a warning when a cookie will be installed, or that the cookies will be deleted later from your hard drive.  To do so, you must change the settings of your browser settings (via the help function). Keep in mind that in doing so you may prevent certain graphic elements from appearing correctly or prevent you from using certain applications. 

Article 13: Invalidation - non-relinquishment

If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.

Failure at any time by FD Photography to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights. 

Article 14: Amendments to the Terms 

These Terms may be supplemented by other terms and conditions when explicitly referred to, and the general sales terms and conditions of FD Photography. In case of inconsistencies, the present Terms take precedence. 

Article 15: Proof

The Customer accepts that electronic communications and backups shall serve as furnishing of proof.

Article 16: Applicable law - jurisdiction 

Belgian law is applicable with the exception of the stipulations of private international law with respect to applicable law and with the exception of the Vienna Convention on the International Sale of Goods. Unless the Customer is a consumer, only the courts of the Ghent district have jurisdiction in the case of any disputes. 

Appendix 1: Template - withdrawal form 

Dear Customer, you should only complete this form and return it should you want to withdraw from the agreement.

To

Frederik Debrabandere

FD Photography

IJzerkaai 36

8500 Kortrijk

Belgium

frederik.debrabandere@mailfence.com

I/We (*) hereby inform you that I/we (*) want to withdraw from the agreement concerning the sale of the following goods/delivery of the following service (*):

Ordered on (*)/Received on (*):

Name/Names of consumer(s):

Address of consumer(s):

Signature of consumer(s) [only when this form will be submitted on paper]:

Date:

(*) = strike out what is not applicable.