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Terms and conditions of sale

The entirety of this website is the property of The Onlooker, photographic studio The entirety of this site is the property of The Onlooker, photographic studio.

1. Introduction

Please read these terms carefully. Any placed order implies your total agreement to these Terms and Conditions of Sale. Any other document than these Terms and Conditions of Sale has only an informative value and is hence not contractual.
The present Terms and Conditions of Sale are applicable to all photographic services delivered by The Onlooker, photographic studio, to its customers, notwithstanding any clauses stated on the Client's document, particularly its Terms and Conditions of Purchase.

2. Placing an order

No service will begin without the previously established quote returned, signed and dated (including via email). In addition, a 50% down payment shall be paid before the beginning of the service.

3. Order modifications

The Client can ask for modifications in the order. These potential modifications will be implemented within the possibilities of The Onlooker, photographic studio, only if they are notified in writing (including e-mail) at least 3 days prior to the due delivery date for A5 packshots and at least 7 days prior to the due delivery date for all other photographic works, and after acceptance of the potential price modification by the Client. If an order is modified, The Onlooker, photographic studio, cannot guarantee the initial delivery date.

4. Delivery date

The delivery date is given only as an indication. The Onlooker, photographic studio, cannot be held responsible in case of potential delays. The Client cannot invoke any delay in the delivery with the aim of cancelling the order or obtaining compensation.

5. Fees and payment

The photographs are billed according to the applicable fee grids when the order is placed. The fees will be detailed in a quote. The applicable fee grids are available for consultation at any moment on the website www.the-onlooker.com, and are meant in Euros, all taxes included.
A specific fee grid is proposed to community organizations. Please inquire at rachel@the-onlooker.com for additional information.
Payments are done by SEPA bank transfer or by cheque to the account of Rachel Daucé (French accounts only). Due sums, after deduction of the pay down, are payable immediately.
Late payments incur a penalty equal to interest at three times the legal interest rate. Moreover, non-payment cancels the transfer and consequently leads to the impossibility of using the images.

6. Copyright and images restrictions of use

The Onlooker, photographic studio, retains the ownership of the images unless mentioned otherwise on the quote. The images provided to the Client as part of a photographic assignment cannot be sold, rented, distributed or given to a third party against a compensation or free of charge for a use other than personal.
In the same way, unless specifically mentioned otherwise by the Client, The Onlooker, photographic studio, retains the right to use the images produced as part of a photographic assignment for promotional use on its website www.the-onlooker.com or on any other communication medium (prints, slides, blog posts, etc).

7. Responsibility

The Onlooker, photographic studio, cannot be held responsible for any damage occurring to the products or the premises during a shooting assignment or transportation of said products.

8. Transportation

For a packshot shooting assignment in The Onlooker's premises, postal transportation of the products remains solely the Client's responsibility.
For a shooting assignment on a location chosen by the Client, travel expenses will be charged 0,5€/km to the Client after the first 50km which are free of charge.

9. Validity of e-mail exchanges

The Client admits the validity and the probative force of all e-mail exchanges between him and The Onlooker, photographic studio. The Clients moreover accepts that these exchanges receive the same probative force as a hand-signed document.

10. Breach of contract

The Client is required to state his expectations and needs honestly. The Onlooker, photographic studio, retains the right to break the contract with the Client in case of concealment by the Client of parts of the tasks to accomplish, with the aim to establish a quote inferior to the cost of the whole assignment.

11. Complaint

Any complaint will have to be addressed to The Onlooker, photographic studio within 8 days following the reception of the images. After that period, no complaint will be received.

12. Modifications

The Onlooker, photographic studio, retains the right to modify these Terms and Conditions of Sale without prior warning.

These Terms and Conditions of Sales are also available in pdf format.