Terms And Conditions

Name: Photo 42
Address: 3 Rue Albert Ier, 1480 Tubize, Belgium
Email address: info@photo-42.com
Phone: +32 479 67 93 31
VAT number: BE 0561.980.881

  1. Conditions for online purchases

Article 1 – Purpose and scope

1.1. These terms and conditions define the rights and obligations of the parties in connection with the sale of products via the website Photo 42 available under the address www.photo-42.com. These general terms exclusively govern the sale of products offered on the Site.

1.2. The general conditions are concluded between, on the one hand, the company / person: Photo 42 (VAT BE 0561.980.881), with their registered office is at 3 Rue Albert Ier, 1480 Tubize, Belgium, hereinafter referred to as “The seller” and on the other hand, the person wishing to consult the site and make a purchase, hereinafter referred to as the “The customer”. The customer and the Seller are hereinafter jointly called the “Parties”. The Parties agree that their relations will be exclusively governed by the General Conditions to the exclusion of all other conditions.1.3. Any order for a product or service offered on the Site requires prior consultation and express acceptance of the Terms by the Customer without however that this acceptance is conditioned by a handwritten signature from The client. In accordance with legal provisions in force in Belgium on electronic signatures, the Seller may consider the customer’s order by the proposed pathways (see section 2.3) as constituting an electronic signature with the value of a handwritten signature with the contractual consequences it suppose.

1.4. The Customer who orders a product on the site must have full legal capacity.

1.5. The seller reserves the right to modify the General Conditions and shall communicate the new version to Users via the Site.

Article 2 – Protection of Privacy

Photo 42 reminds you of its commitment to scrupulously respect the trust that you grant and enforce legal obligations on the protection of privacy. That is why as a Client, you have a right to access, correct and delete data concerning you that you can exercise by contacting us by mail at 3 Rue Albert Ier, 1480 Tubize, Belgium, by email at info@photo-42.com or by phone at +32 479 67 93 31.

Article 3 -Modes purchase online

3.1. Product or Service Purchase Price
The price of the products or services for sale on the site is displayed in Euro VAT included. This price does not include shipping, import duties or local taxes. These are the responsibility of the Client.
If the Seller changes their prices after the sale, the Products will be billed based on prices prevailing at the time of confirmation of the order.

3.2. Shipping cost
In the Order, the Customer agrees to pay, in addition to the Purchase Price of the Products ordered, delivery costs, local taxes and import duties. If these are changed after the purchase, the fee will be billed based on rates in effect at the time of confirmation of the order. They will not be refunded if the customer returns the goods during the period in which they can exercise their right of withdrawal or the legal guarantees in accordance with Articles 6 and 7 of these Conditions.

3.3. To place an order, the customer must complete the order form made available on the Site, send an email to the address info@photo-42.com, ways in which they must communicate the information necessary for the transaction. The Seller cannot be held responsible for the consequences of misreporting.
By placing the order, the Customer accepts all of these Conditions and agrees to pay the full amount due.

3.4. The data recorded by the Seller constitute proof of the contractual relationship between the Parties.

3.5. The seller reserves the right to refuse or cancel any order or delivery in case of existing dispute with the client, or total or partial non-payment of a previous order or credit card payment authorization refusal banking organizations. In this case, the seller’s liability could not be committed.

3.6. After delivery of the purchase, the customer may no longer cancel the order but can make use of his right of withdrawal (see Article 6) on all goods with the exception of chemistry and any mixed solution made specifically in response to the order such as pre-mixed developer, pre-mixed collodions, etc. Varnishes will be accepted only if the seal on the cap is unbroken.

Article 4 – Payment

4.1. Payment for purchases can be done in several ways:

– by bank transfer
– Paypal.

4.2. The validity of the payment will be confirmed or not after verification with the issuing banking institution. If payment is confirmed, the withdrawal takes place as agreed with the bank that issued the card. (S) Product (s) ordered (s) remain the property of the Seller until payment has been received.

  1. 3. Liability
    In case of inconvenience or damage due to use of the Internet (computer virus, among others), the Seller’s liab,ility may not be engaged. Photo 42 can also not be held responsible for any material accident, bodily harm, illness or death resulting in the use of the chemistry. The Client retains the responsibility of educating themselves about symptoms, risks and appropriate actions in the event they expose themselves to any danger by reading safety sheets and MSDS documents.

Article 5- Shipping and Delivery

5.1. The Seller is responsible for the delivery / Product (s) involved in the transaction throughout Belgium. The Seller will make every effort to ensure that the order is sent to the address indicated by the Customer in the few days after the validation of the Order. This will likely reach the address specified by the customer on weekdays between 8am and 18pm. The package will be delivered to the recipient or any other person present at the address indicated. In case of absence, a notice will be left in the mailbox with the modalities. The Customer will have to pick up the package or contact the delivery person to agree on a new method of receipt. If the Customer does not organize a new delivery within two weeks after the first presentation of the order, or is absent from this new delivery, the order will be returned to the Seller, generating potential Additional shipping costs to the Customer.

5.2. Each delivery is considered to be made upon receipt of the product by the customer, automatically transferring the risks to the latter. The proof of receipt will be made by the driver.

5.3. Upon receipt of the package, the customer must check the quality of its purchase and is entitled to possible claims following right of withdrawal or the legal guarantees in accordance with Articles 6 and 7 of these Conditions. He can also refuse the package if it clearly appears to have been opened or shows obvious signs of damage due to mishandling during delivery. In the event any damage has occurred to the package the buyer must notify the delivery person at the moment of delivery, then must take pictures of the package clearly depicting the damage and send these to the Seller in order to be able to file a complaint and request compensation.

Article 6 – Right of withdrawal and return policies

6.1. The consumer has the right to notify the company that he renounces the purchase without penalty and without giving any reason, within fifteen (15) calendar days following the day of delivery of the goods or conclusion of the service contract in accordance with the Act of 6 April 2010 on market practices and consumer protection.
As of the intention expressed by the Customer to return all or part of his order, it has a period of 10 calendar days to return the Products to the Seller with the exception of chemistry and any mixed solution made specifically in response to the order such as pre-mixed developer, pre-mixed collodions, etc. due to the nature of the products and their natural aging. Varnishes will be accepted only if the seal on the cap is unbroken. Failure to observe this period, the Customer will forfeit his right of withdrawal and the order will be considered final.

6.2. The return to the Seller will be made at the following address 3 Rue Albert Ier 1480 Tubize Belgium The customer can choose the delivery method of choice, knowing that the costs and risks associated with the package back are dependents, and must retain proof of dispatch.

6.3. When used by the Customer of his right of withdrawal, the Seller undertakes, after verification of returned items (see section 6.5), to pay the Purchase Price to the Customer at the latest within thirty (30) days calendar date of receipt of the package back by the Seller, excluding shipping costs.

6.4. Repayment Terms
If the Customer has paid the payment of his order by credit card, credit the value of the purchase price of the returned items will be on the credit card used by the client to pay. Customer Reimbursement will be made as agreed with the bank that issued the card. If the Customer has paid his Order by another form of payment, refund will be made by bank transfer to the bank account number that will be indicated to the Seller or by Paypal. The Seller disclaims all liability for refund invalid related to poor communication of bank account number by the customer.

6.5. This right of withdrawal will be denied if the delivered Products have obviously been used, soiled and / or damaged, or if there are missing parts. (S) Product (s) s must be returned in their original packaging, with all their documents and accessories. If the returned items are not accepted because of the conditions indicated above, the Client will received them back and will not be refunded.

Article 7 – Statutory Guarantee

7.1. Provided that the Customer has the capacity of consumer and that the product concerned is a consumer, the customer benefits from the legal guarantee of conformity of the products delivered, in accordance with Belgian law, during a period of two years from delivery. Defects occurring within 6 months of delivery shall be presumed from the outset. After this period of 6 months, the Seller may if circumstances warrant dispute the fact that the lack of conformity already existed upon delivery of the product. If the conditions of the guarantee are met, the Customer may require the replacement of the article concerned, no additional cost, and within a reasonable time and within the availability of similar articles, or refund the Purchase Price. The Seller retains the option to refuse the exchange or refund of the item under warranty if it appears that the article has not been properly used according to instructions or was the subject of a misuse by the customer.

7.2. Unlike the right of withdrawal (see Article 6), the Seller will reimburse the Client the cost of returning the item for which the customer has appealed to the legal guarantee, provided it is done by the driver that the Seller shall chose and it can be exchanged or refunded (see section 7.1). In case of exchange, the delivery will also be charged to the Seller.

Article 8 – Disputes

8.1. These Conditions are subject to Belgian law. In case of dispute, the courts of the judicial district of Nivelles will have jurisdiction if an amicable solution has not previously been found.

8.2. Communications between the two parties retained by the Seller will be considered as evidence that can be considered.

8.3. These General Terms form a contract between the two Parties. We try to update them in accordance with Belgian legal changes that may impact them. Sometimes, however, some of its articles can be held to be invalid under any law, regulation or following a final decision of a competent court. However, other provisions shall remain in full force and scope.