General sales & delivery conditions for customers.



1. Opposity
The following conditions are the only ones that apply to the images offered via the online platform www.idphotoagency.com, under the responsibility of Imageoffice BV, Korenbloemstraat 27, 9000 Gent, Belgium (hereafter referred to as ID) to the customer, subject to different written contractual terms agreed between the parties. Consequently, the customer cannot invoke his own or special conditions, even if these would provide that they apply exclusively.

2. Agreement
ID is an online platform that aims to provide photographers with a 24-hour digital platform available to sell their photos and offer licenses to third parties. ID consists of an archive of photos of photographers who have entered into a contract with ID.The agreement with regard to the order and / or license of images is concluded between the customer and the photographer. ID has only been given a mandate by the photographers to handle the invoice. Therefore, the fee for the order and / or license must be paid to ID, which in turn will pass on the fees to the photographers.Because the customer executes the order, the customer explicitly accepts the general terms and conditions and the license in accordance with the conditions of use provided for in article 3 of current general terms and conditions. After ordering and / or licensing an image, the customer and the photographer will always receive a sales confirmation, as further described in article 6 of the current general terms and conditions.

3. License description
3.1 The Photographer grants the customer a non-exclusive license to use his photos for his own use, in particular for the following forms of exploitation:
- the right to reproduce the image in any form and on any material carrier (including the reproduction in books, magazines, newspapers, documentation folders, press files, multimedia works, brochures, leaflets, flyers, posters, or otherwise) any other material carrier and for any purpose and the right to reproduce and put into circulation the aforementioned reproductions
- the right to publicly communicate (public performance or performance) a part or the entire work in any way, inter alia via radio or television, via the internet, the right to simultaneous, unaltered and integral cable transmission.
Current license is granted for a period of one year from the order and for the whole world.
If the customer puts another use of the image first, he must negotiate directly with the photographer in this regard. The customer can find the contact details of the photographer on his personal site under his name www.idphotoagency / naamfotograaf.be.

3.2. The digital files may not be archived in any form. The customer is obliged to delete the images after the permitted use.

3.3 The license may only be used for legal purposes. It is expressly forbidden to use the images in the following ways:
Use as a brand or logo or part thereof,
use in conjunction with pornography,
use for discriminatory purposes or in connection with the glorification of violence and racial hatred or use that violates youth law,Use for forgery and / or discrediting the depicted persons.

3.4. The images must always be used within their context. It is not permitted to use images to illustrate an event other than the one shown on the image or with a different caption than the one stated on the photo. If the image will be part of an illustration of a sensitive subject (such as the private life of the person depicted, sexuality, religion, crime, judicial investigation, etc.), this must always be personally examined with the photographer or this publication can continue.

3.5 If the customer does not adhere to the above-mentioned conditions of use (Articles 3.1 to 3.4), the photographer reserves the right to claim compensation for the unauthorized use of his images

3.6 The Photographer is solely responsible for the form and content of his images. Under no circumstances is ID liable for the form and content of the images and the accompanying texts (plagiarism, portrait rights, breach of privacy or copyrights, etc.) and can under no circumstances be sued, which the customer explicitly accepts. The photographer is the only one who can be sued for disputes concerning the form or content of his images (plagiarism, portrait rights, privacy or copyright infringement, etc.)

3.7. name entryAny reproduction or communication to the public of an image must always be mandatory, stating the name of the photographer and ID. The name must be given as follows: '© ID / full name of the photographer'.

3.8 moral rightsThe moral rights of the photographer are expressly reserved. The customer undertakes not to edit, modify, cut or otherwise modify the works without the prior written permission of the photographer in question.

4. No resale, sale to third parties prohibitedThe purchased images can only be used in accordance with the permitted use provided for in Article 3 of current conditions. The images may not be resold, traded or distributed to third parties in any form. The rights arising from the license granted to the customer are personal and not subject to transfer. Under no circumstances may the files obtained via ID be transferred to third parties or used by third parties without the prior express written permission of the photographer in question.

5. Customer access
5.1.The purchase is linked to a login and password and can only be used for the medium that made the purchase. The customer monitors the correct use of login and password. The customer will manage this data with due care. He can change this himself if he wishes. ID cannot be held responsible for misuse of login and password. Every purchase linked to the login and password is recorded by ID and can be met by ID. She in turn takes care of the transfer of the amount to the photographers.

5.2 By registering and the associated opening of customer access, the customer explicitly agrees with current general terms and conditions.

5.3 Registration is only permitted by legal entities and persons who have unlimited business authority.

5.4 The customer data requested by ID must be entered correctly and completely. If there are any changes to the customer data after registration, the customer must adjust this data immediately via the login screen.

5.5 Customer data is personal and therefore not transferable.

6. Reimbursement and payment conditions
6.1 Registering and registering with ID is free of charge.

6.2 ID has been mandated by photographers to invoice and collect the agreed amount for the order and / or license. The customer is obliged to pay the fee for the order and / or license of the images that were selected via the shopping basket to ID.
After the selection of the work, the photographer and the client receive a sales confirmation via e-mail.
The payment of compensation is made immediately after the selection of the images via the shopping basket. The customer will already receive the corresponding invoice with the sales confirmation.
The sale can only be canceled by an immediate response from the customer. In that case the password and login will be reset automatically.
The customer receives an overview of his purchases at the end of the month.

6.3 All purchases are subject to 6% VAT. Except in the case of advertising or printing, the orders and / or licenses must be made at 21% VAT.

6.4 In the event of abuse or use without written permission, the rates of Sofam will be applied.

7. Liability
ID cannot be held liable for damage, direct or indirect, that could be caused by the visit of its website.

8. Customer information
The customer is hereby informed that ID uses the customer data solely for its own use and for processing the agreement. ID will always treat the data regarding the customers with care and confidentiality. Customer data is not provided to third parties.

9. Final provisions
9.1 Any omission, addition and / or modification of any provision of the current general terms and conditions is only binding if agreed in writing and signed by both parties.

9.2 This agreement is managed by Belgian law.

9.3 In the event of a dispute, all the courts of Ghent have jurisdiction.

9.4. The possible invalidity or non-objectionability of a clause of current general terms and conditions will not affect the validity of the other terms and conditions