General Terms and Conditions for Nebo Fotoservice
Introduction
We are very pleased that you have chosen to use the services of Nebo Fotoservice, provided by H. De Beukelaer nv/sa, the company with which you are entering into an agreement. To fulfill this agreement, Nebo Fotoservice utilizes the services of H. De Beukelaer and Co nv 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 or by creating a customer account for the album section, you, as the customer, acknowledge these terms and conditions as binding. Before using the services of Nebo Fotoservice, you must also read and accept our provisions regarding the protection of personal data in relation to Nebo Fotoservice services.
To do so, please check the box labeled "I accept the general terms and conditions of sale + privacy policy," 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 can send digital image files to us via the Nebo Photo Service and order prints on photographic paper or other photo products.
The fee you pay for the creation of paper prints or photo products is based on the prices listed on the website at the time the agreement is concluded. These prices include VAT.
Scope of application
The Nebo Photo Service ordering service is limited to the territory of the Netherlands. This means that both the specified billing address and the delivery address must be located within the Netherlands. Customers without a Dutch delivery address should contact Nebo to arrange for their photo product to be picked up at the nearest Nebo store.
Registration 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). Your information can then be quickly retrieved for future orders.
The information in the customer database must be accurate and truthful. Furthermore, you are personally responsible for maintaining the confidentiality and use of your password. Should you suspect that your password is being used without authorization, you are required to notify us. We are not liable for any damage resulting from the improper use of your customer account by third parties.
If you have forgotten your password, you may have your 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 jointly and severally liable for the consequences of any infringement of intellectual property rights, and you agree to fully indemnify us and H. De Beukelaer & Co. NV against any claims from third parties related to an actual or alleged infringement of intellectual property rights. Furthermore, you agree to compensate Nebo Fotoservice 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 the Copyright Act, such as storing and reproducing the files.
H. De Beukelaer & Co NV may also outsource these tasks if, in its opinion, it is deemed desirable to do so. You agree that the crop of the printed image may differ slightly from that of the material provided. H. De Beukelaer & Co NV reserves the right to verify and confirm your password.Delivery and Shipment
You are required to inspect the delivery upon receipt and report any complaints immediately.
Once a shipment has been handed over by H. De Beukelaer nv/sa to a freight forwarder, carrier, or any other third party for transport, H. De Beukelaer nv/sa shall not be held liable for any loss or damage.
Your orders will be processed as quickly as possible. We make every effort to meet the agreed-upon delivery deadlines. However, claims for damages or the cancellation of the contract due to a delay in delivery—whether caused by us or by one of our subcontractors—are excluded.
This does not apply if the delay is caused by intentional misconduct or gross negligence on our part or on the part of any of our agents or subcontractors.Payment by credit card
All credit and debit card transactions are charged at the time your order is placed.
Subsequent delivery, compensation, rescission, and liability
Our liability for defects is limited to subsequent delivery (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 any 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 delivery or performance, we will select the most technically and economically viable solution, unless you, as a consumer, specify a different preference. Such a preference shall not be binding upon us if it is impossible to implement or would entail disproportionate costs.
Furthermore, we accept no liability for defects regarding color discrepancies between the original photograph and the delivered paper print or photo product, particularly when such discrepancies are caused by poor quality (e.g., low resolution) of the original image file.
Complaints based on taste do not qualify as defects.Should two attempts to rectify a defect fail, you retain the right to choose between a price reduction (discount) or termination of the agreement.
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 subsequent delivery or compensation for 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 the costs of rectification attempts.
In the event of a replacement delivery, the limitation period for claims based on defects is not extended.
If the agreed-upon quality is not met, any further claims are excluded. In particular, the agreement does not cover consequential damage resulting from defects.
You do not have a statutory right of withdrawal if the paper prints or photo products are produced according to your specifications and are clearly of a personal nature.
The defenses and limitations of liability set out in these terms and conditions also apply to any third parties engaged by us, including H. De Beukelaer nv/sa, its suppliers, and any other assisting parties.
Illegal material
It is strictly prohibited to upload to or distribute via Nebo Fotoservice any photographs that violate any law or regulation—such as child pornography or material that infringes upon intellectual property rights. We—H. De Beukelaer nv/sa, its suppliers, and the parties executing the services—are entitled, though not obligated, to monitor the content of the image material provided to us and to take appropriate measures to report such misuse. If 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, 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.
Availability of the service
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 due to the website—or parts thereof—being temporarily inaccessible, or due to other technical issues.
Termination of services
We reserve the right to terminate your membership with the Nebo Photo Service at any time. In such an event, all personal and other data relating to you that we hold will be deleted.
You may also choose to terminate your use of the Nebo Photo Service by deleting your customer data. In that case, all your stored personal data in our 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—along with all your image files—will be erased. 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 processed, 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 any other provisions, such provisions shall not form part of the agreement.
Choice of forum and applicable law
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 Bruges shall have exclusive jurisdiction to settle such disputes. If you are not a business entity, the statutory rules regarding jurisdiction shall apply in determining the competent court.
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, either in whole or in part, the remaining provisions shall nonetheless remain in full force and effect. Both contracting parties agree, to the extent necessary, to adopt a new provision that, from an economic perspective, comes as close as possible to 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 will apply to all orders placed via the 'ordering' section, as well as to all actions initiated or carried out after that point in time. The most recent version will always be available 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.
Right of Withdrawal - Distance Selling
For all products and services purchased through our website, you generally have the right to withdraw from the purchase within 14 working days, starting from the day you physically receive the product or from the commencement of the service agreement. If the service begins immediately, your right to withdraw from the purchase ceases once the agreement has been executed.
There is no right of withdrawal for customized or bespoke products or services. Please note: even if you order online prints of photos from your personal photo collection, or have such photos saved onto a CD, you cannot exercise the aforementioned right of withdrawal, as these are products with a distinctly personal character.
