Terms & Conditions - cmo photography

Terms & Conditions

A cmophot.net photography is a masterpiece in many ways. It has been created with highest dedication to quality and design and it’s made with the photographer’s unconditional love for photography, art and luxury. Nevertheless, a photography is always depending on environmental conditions. The appearance and colors of a photo can change, vary, and/or fade.

In order to remain your cmophoto photography in excellent condition, please do not expose your purchase to direct sunlight. Please do not hang your masterpiece directly over an heating appliance, and furthermore keep the product away from higher humidity then common in a normal household.

In general, a cmophoto product is not suitable for external areas or places where it might be exposed to the weather elements. Thus, please do not hang a cmophoto.net product in your bathroom, cellar or in your kitchen. If you intend to do so please contact cmophoto.net prior to your order to discuss a suitable production method for your masterpiece, that meets your desired hanging location’s requirements. Because laminations with UV protective film or acrylic glass and wooden frames are very sensitive to scratches and dirt and should therefore only be handled with gloves or equivalent protection.

Your contractual partner and furthermore the user of these Terms & Conditions is

cmophoto.net

Rollandstraat 5, 2013SL – Haarlem, Netherlands
Tel.: +31 61 22 11 52 1
Mail: info(@)cmophoto.net

cmophoto’s terms and conditions have been designed to determine the business relationship between you and cmophoto. The foundation for any order or contract will always be cmophoto’ Terms and Conditions. By placing your order with cmophoto you acknowledge and confirm you are aware of the Terms & Conditions and agree to their application. Please find the terms and conditions here below.

1st Part: Reference

The following General Terms and Conditions are cmophoto’s most current version at the time of order and are agreed upon with the orderer to exclusively regulate the business relationship between cmophoto.net (in the following ‘cmophoto”), and the orderer. cmophoto is not obliged to recognize any differing terms set out by the orderer unless such conditions have been expressively agreed to in writing by cmophoto. A Photography by cmophoto is considered a masterpiece and sells in small quantities and/or limited editions. This contract refers to the product as a “masterpiece” in the following.

2nd Part: Conclusion of contract

The display of products in the cmophoto online shop does not constitute a legally binding offer; it is in fact a non-binding online gallery only. The products you have selected by pressing the “Add to basket” button are being summarized again for you in an order summary at the end of the order procedure. Here you can also access the various information provided during the order process and add to/or correct it by clicking the “Change” button or cancel any order. By clicking the button “Buy now”, you send your order details and place a binding declaration to cmophoto that you want to purchase the products listed in your purchase line (Offer). cmophoto automatically accepts your purchase order upon receipt of your order. Shortly after executing the order, you will receive an email with the underlaying order and contract confirmation. This e-mail purchase confirmation will contain the details of your order again.

The details of your order iare being saved by cmophoto and might upon request be sent to you after the settlement of your order. For your own safety it is recommended to print out your order details and the general terms and conditions, applicable at the time of your order. The Terms and Condition are subject to change or might be altered without prior notice by cmophoto. The contractual language is English.

Please note that cmophoto will sell all masterpieces in small  or limited quantities only.

3rd Part: Cancellation

Every cmophoto masterpiece is being produced with a “Custom Finish” selected by you as the masterpiec is being produced to your individual specifications. Custom products are excluded from the right to cancel according to Section 312, Paragraph 2, No. 1 of the German civil code.

You have the following right of cancellation for all online orders of prefabricated works (in the presentation specified by cmophoto):

Statutory right of cancellation & sample cancellation form:

Information regarding cancellation

Right of cancellation

You have the right to cancel this contract without reason within fourteen days.

The cancellation policy lasts 14 days from:

1. A) The day on which you – or a third party named by you who is not the shipping service – take/takes the goods into possession, if you ordered one item or multiple items in a single order, and the item(s) arrive(s) in a single delivery

or

1. B) The day on which you – or a third party named by you who is not the shipping service – take(s) the final goods into possession in the event that multiple items from a single order are shipped separately.

To exercise your right to cancel, you must inform cmophoto (cmophoto.net Rollandstraat 5, 2013SL, Haarlem, Netherlands, Phone: +61 22 11 52 61, mail: info(at)cmophoto.net of your decision to cancel in a clear, written statement (by letter, or e-mail).

Cancellation Terms and Process

Should you cancel the sale contract, cmophoto is obliged to refund all payments received from you, including shipping costs (with the exception of additional costs from selecting a different type of delivery than the standard, cost-effective shipping we offer) promptly – at the latest, within 14 days of our receipt of the statement indicating your cancellation. Refunds will be credited back to the original payment method, unless otherwise expressly agreed upon. cmophoto can withhold the refund until such time as cmophoto has received the returned goods or until you have provided proof of their return shipment, whichever comes first. You are to promptly send the goods back; at the very latest, this must be done within 14 days of the days you informed cmophoto of the cancellation. This deadline is met as long as the return shipment of goods is sent out within the allotted period.

For orders from the EU and Switzerland, cmophoto shall bear the costs for returning goods.

For orders from all other countries, you shall bear the direct costs for returning goods. Typically, goods cannot be returned by normal post. Please contact cmophoto for more information.

You are only responsible for decreases in the value of goods if, after inspecting their condition, properties, and functionality, the decrease in value can be traced back to your improper handling of the goods.

4th Part: Delivery

Unless agreed otherwise, delivery will be ex warehouse to your address or to the delivery address specified by you. The delivery time is approx. 12 workdays.

5th Part: Edition Certificate with signature

For organizational reasons, cmophoto may also send the orderer the Edition Certificate with cmophoto’s signature and the edition details separately – and subject to a delay. In this case, the cancellation period shall only start after receipt of the Editions Certificate with signature. If you exercise your right of cancellation, you must also immediately return the unused Edition Certificate. The purchase price shall not be refunded without receipt of Edition Certificate. The right of cancellation shall lapse if the Edition Certificate is used on the work of art, the frame, the lamination or elsewhere.

6th Part: Prices, Due Datedate and Payment, Default

The prices stated in the online shop are final prices including sales taxes. Shipping costs are not included in the price and are added to it in each case. Information about the shipping costs is contained in the 7th part of these Terms and Conditions.

The purchase price is preferably paid via PayPal. You can pay via PayPal or credit card (Visa, Mastercard, American Express).

Should the account of the orderer lack sufficient funds, or the orderer countermand the bank debit without just reason, cmophoto shall have the right to demand an administration fee of €5.00 from the orderer.

If you are in default, cmophoto reserves the right to charge consumers default interest at 5 percentage points above the respective base rate per annum published by the European Central Bank and to charge companies 9 percentage points above the respective base rate per annum published by the European Central Bank. In addition, cmophoto can charge a flat rate of €2.50 per reminder, except for the initial reminder. Where greater costs are demonstrably incurred as a result of these payment arrears, cmophoto reserves the right to assert claims in respect of these.

In the above cases you are entitled to prove that no costs were in fact incurred by LUMAS or that these costs were less than the flat-rate fees stated above.

Section 7: Shipping costs

For deliveries inside the EU, cmophoto applies the following shipping rates, which include secure specialty packaging and insurance:

When ordering online, please select the country of the desired shipping destination; the correct shipping costs will then be shown.

Orders with items of different sizes will be shipped at the rate of the largest picture in the order. If, for logistics reasons, cmophoto splits the order across multiple shipments, you shall not incur additional costs for this.

8th Part: Offsetting, Retention

You only have the right to offset if your counterclaims are legally upheld or are acknowledged by cmophoto. You also have the right to offset if you complain of defects or assert counterclaims under the same purchase contract. In addition, you are only authorized to exercise the right of retention to the extent that your counterclaim is based on the same contractual relationship.

9th Part: Retention of Title

Until full and final payment, the delivered goods shall remain the property of cmophoto.

Section 10: Liability

Within the scope of statutory provisions, cmophoto is liable for damages without restriction.

(a) relating to loss of life, physical injury or damage to health which is due to willful or negligent breach of duty or is otherwise due to willful or negligent conduct by cmophoto.

(b) which is due to willful or negligent breach of duty or is otherwise due to willful or grossly negligent conduct by the provider.

The liability of cmophoto shall be limited to compensation for foreseeable loss or damage typical for the contract caused due to slightly negligent breaches of material duties by cmophoto. Material duties are duties whose fulfilment is a prerequisite for proper implementation of the contract and whose observance the orderer may rely on.

The above provisions shall apply accordingly to the liability of cmophoto in respect of reimbursing futile costs.

Liability under the 11th Part: Warranty

Unless expressly agreed otherwise, statutory warranty rights shall apply.

The statutory warranty period of two years shall apply. This shall start upon handover of the goods. During this period, all defects subject to statutory warranty obligations shall be corrected free of charge.

If you as orderer are a company, your claims due to defects require you to have fulfilled your statutory duties of inspection and complaint. If a defect is discovered during the inspection or subsequently, cmophoto must be advised of this immediately. Immediate in this case is if you advise us within two weeks, with the timely sending of the notification being sufficient for meeting the deadline. Irrespective of this duty of inspection and complaint, you must report obvious defects (including incorrect or short deliveries) in writing within two weeks of delivery, with the timely sending of the notification being sufficient for meeting the deadline. If you fail to perform a proper inspect and/or notify us of the defect, our liability for the unreported defect is excluded.

12th Part: No Granting of Rights

By buying a photographic print, you are only acquiring material ownership of the print. No other rights are granted or implied. Any reproduction (copying), dissemination, leasing, public exhibition or other analogue or digital use is not permitted unless authorized by law. Nevertheless, you are free to resell the print at any time.

13th Part: Collecting, Processing and using Personal Data

All provisions regarding the protection of your data can be found at the cmophoto privacy policy.

Section 14: Applicable law

Netherland law shall apply to the exclusion of the UN Sales Convention.

Last update: April. 25th. 2018.