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© 2019 by For the Love of the Picture

STORE POLICY

Terms and Conditions

OUR AGREEMENT


General
This page tells you the terms and conditions on which we supply any of the products (‘Products’) listed on our website www.fortheloveofthepicture.com. By ordering any of our Products and services you agree to be bound by these terms and conditions.
These general conditions of sale are the only applicable and replace all other conditions. FOR THE LOVE OF THE PICTURE can punctually modify certain of the dispositions of its general conditions, also it is necessary that these be reread before each visit to the website www.fortheloveofthepicture.com, hereafter designated ‘website’. These modifications are opposable starting from the date of their instatement online (the date of their instatement online figuring at the end of the present conditions) and cannot be applied to contracts concluded anteriorly. Each purchase on the website is governed by the general conditions applicable at the date of the order. In validating your command, you accept without reserve the General Conditions after having read them. In accessing the website, you commit yourself to respect the present conditions.
You should print a copy of these terms and conditions for future reference.

About us
We are FOR THE LOVE OF THE PICTURE, a company registered in The Netherlands under number 67487327 with our registered office at van Beeverlaan 9, 1251 ES, Laren (NH), The Netherlands.

Making a contract with us
By placing an order through our site, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.

How the contract is formed between you and FOR THE LOVE OF THE PICTURE:
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
Your order constitutes an offer to us to buy a Product.
All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail “Order Confirmation” that confirms that your Product is available and in production. The contract between us (Contract) will only be formed when we send you the “Order Confirmation”. The Contract will relate only to those Products whose order we have confirmed in the Order Confirmation.
When your product is ready for delivery we will send you a Dispatch Confirmation.

Availability and Deliverability

Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within ± 14 days after the date of the Order Confirmation, unless there are exceptional circumstances.

Risk and title
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

Price and Payment
The prices of the Products and our delivery charges will be as quoted on our site and are subject to our final Order Confirmation. Product prices include VAT.
Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you in our Order Confirmation.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our order procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you.
If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
Payment for all Products must be by credit/debit card or other method as available on our web site. We accept credit cards.
FOR THE LOVE OF THE PICTURE sells Gift Cards. Only one Gift Card is accepted per order. The Gift Card cannot serve for different orders: it must be used only once. Any remaining balance cannot be recovered. The gift certificates are non exchangeable and non reimbursable.

Returns
Notification of all claims, insofar as they concern a clear deficiency, must be provided within 5 days after delivery of the customer’s order. In case of a valid complaint, restitution will be limited to producing the order again.

Non-delivery or damaged items
In case of a delivery error or when your delivered photograph is obviously damaged, you will be given the opportunity to replace your acquired work(s). Please contact us immediately for reporting your delivery error and we will offer further assistance in the returning and exchanging process.
Please be aware that you have a period of 5 days to report the damages, as from the moment of delivery. If you neglect to report damaged goods within this period, unfortunately the right to return and replace the purchased item(s) will no longer be valid.
To be eligible for a return, please make sure that you obtain a Return Merchandise Number (RMN) from us. To obtain a Return Merchandise Number please fill in the return form on our website.

Corrections
Descriptions of goods and services included in the FOR THE LOVE OF THE PICTURE website are accurate to the best of our knowledge. We do our best to correct errors or omissions as soon as we are aware of them. However, you should be aware that the colours and appearance of images may vary very slightly from the way they appear on the screen.
Also the mentioned sizes on the website might differ slightly from the actual delivered product.

Copyright
The images and designs used on the FOR THE LOVE OF THE PICTURE website are the property of FOR THE LOVE OF THE PICTURE or their respective copyright owners, and are used by FOR THE LOVE OF THE PICTURE pursuant to express authorisation from copyright owners or their agents. All copyright, trademarks and other intellectual property rights in and relating to FOR THE LOVE OF THE PICTURE are vested in FOR THE LOVE OF THE PICTURE or our partners where appropriate. You must not reproduce, modify or distribute our images or any part of those images in any manner, whatsoever.
In the event that there is any dispute between us in relation to this issue, you agree that until the matter is resolved, an interim injunction will be an appropriate remedy. An Interim injunction is a court order, which would prevent any further use or distribution of the image that we are concerned about, until a final court hearing where the court will make a decision on all the facts.

Our Liability
Subject to ‘Negligence etc’, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
Subject to ‘Negligence etc’, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
• loss of income or revenue;
• loss of business;
• loss of profits;
• loss of anticipated savings;
• loss of data; or
• waste of management or office time.

 

However, this clause will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories inclusive of this clause.

Negligence etc.


Nothing in this agreement excludes or limits our liability for:
• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
• defective products under the Consumer Protection Act 1987; or
• any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
• Import Duty

 

If you order Products from our site for delivery outside the Netherlands, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

 

Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Notices
All notices given by you to us must be given to FOR THE LOVE OF THE PICTURE at info@fortheloveofthepicture.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in ‘Written Communications’ above. Notice will be deemed received and properly served immediately when posted on our website, 48 hours after an e-mail is sent, or five days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Events Outside of Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
• strikes, lock-outs or other industrial action;
• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• impossibility of the use of public or private telecommunications networks; and
• the acts, decrees, legislation, regulations or restrictions of any government.
• Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Disclaimer

At all times no rights can be derived from the images on the site www.fortheloveofthepicture.com

Waiver
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with ‘Notices’ above.

Entire Agreement
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

Changes to this Agreement
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within 5 working days of receipt by you of the Products).

Severability
In the event that any term of this agreement is held to be unenforceable or invalid by judicial decree or decision, the remainder of this agreement shall remain valid and enforceable. Misuse of Our Site FOR THE LOVE OF THE PICTURE reserves the right to suspend or terminate any members account or open orders which are, or appear to us in our absolute discretion, to be, in breach of any of the provisions of this agreement.

Applicable Law
FOR THE LOVE OF THE PICTURE is a company registered in The Netherlands, and every sale shall be deemed to be performed in The Netherlands. Dutch law shall govern each transaction, including (without limitation) all contractual and other relationships, which arise as a result of such sales. You and we submit to the non-exclusive jurisdiction of the Dutch courts in relation to any disputes arising out of any sale.

Privacy & Safety

All information provided to For the Love of the Picture will not be used for other purposes.

Only, when a customer allows us to do so.  

Payment Methods

Payment for all Products must be by credit/debit card or other method as available on our web site.

Credit / Debit Cards

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