The buyer, hereinafter referred to as “the licensee”
ON THE ONE HAND
David Coppens Photography, located in Veldbloemenstraat 11, 1830 Machelen, Belgium, hereinafter referred to as “the licensor”
ON THE OTHER HAND
AGREE AS FOLLOWS:
Art. 1 Object of the agreement
Current agreement aims to fix the transfer of rights with regard to the use of the work of the licensor, as defined in article 3 of current agreement.
Art. 2 : The grant of a non-exclusive license
The licensor grants the licensee a non-exclusive license regarding the rights which rest on the work that is described in article 3 of this agreement.
Private use only. Private use entails: print of the work for decoration in the private home.
According to the Belgian law of June 30th 1994, all rights not described here above, remain full property of the licensor.
Art. 3 : Definition of the work
The grant of an non-exclusive license, referred to in article 2 of this agreement, concerns all the prints sold by David Coppens on www.davidcoppens.be.
The work here described, will be further referred to in this agreement as: ‘the work’.
Art. 4 : The duration and geographical scope of the license
The license given in article 2 will be granted as long as David Coppens Photography exists, starting from the date of purchase.
The license given in article 2 will be granted for the entire world.
Art. 5 : Remunaration
The transfer of rights provided for in article 2, will apply after the purchase transaction on www.davidcoppens.be has been completed.
Art. 6 : Retrocession to a third party
If the work is gifted from the licensee to a third party, the rights transferred in this agreement are retroceded to this third party, who will become the new licensee of the work.
Art. 7 : Licensor’s warranties
The licensor guarantees the licensee the quiet enjoyment of the licensed rights.
Art. 8 : Credit
In all publicity of any type, in any part of the world, the licensor’s name must be mentioned, in the most favoured characters, as follows: © David Coppens Photography.
Art. 9 : Litigation
In case of litigation, the parties recognise the jurisdiction of the competent court at Brussels, where this agreement is to be executed.
This agreement shall be governed by and construed in accordance with the Belgian laws.
GENERAL TERMS AND CONDITIONS
These General Terms and Conditions of Sale are applicable without restriction or reservation to all orders placed with David Coppens Photography, domiciled at Veldbloemenstraat 11, 1830 Machelen, referred to hereinafter as “the Author”. If a natural or legal person commissions the author to carry out work and/or orders a copyright licence, this implies that the said natural or legal person expressly accepts these General Terms and Conditions, to the exclusion of all others, and expressly renounces any right of recourse to its own terms and conditions. Any stipulation contrary to these General Terms and Conditions will not be legally enforceable against the author unless the author has expressly agreed to this in writing.
Every order must be placed either by means of a purchase order signed by the user or, in the case of remote orders, by e-mail in which the user expressly confirms the order placed with the author. By accepting the offer or placing the order, the user acknowledges that it has received a copy of the General Terms and Conditions, is aware of them and accepts them. The purchase order must specifically state the price, the advance to be paid and the use of the works that will be authorised after payment. Every offer signed by the parties or confirmed by e-mail will be deemed to constitute a purchase order. An offer once made will be valid for one month.
3. DELIVERY OF DIGITAL FILES:
Unless agreed otherwise in writing, works will be delivered on a digital medium. Delivery of digital files to the user may be made using any electronic means (networks, removable devices, etc.). In some cases a supplementary charge may be applied if the user stipulates a specific choice of medium. Digital files will be delivered only after the invoice has been paid in full. The author will decide which files will be delivered to the user in order to fulfil the order. The user may under no circumstances demand to receive the complete series of files created by the author, except by express prior written agreement with the author.
4. INTELLECTUAL PROPERTY:
1. Use of the works specified in the order is subject to the legislation on copyright (and specifically Book XI of the Belgian Code of Economic Law) and is strictly limited to the description thereof as stated on the purchase order and the invoice. Unless agreed otherwise in writing, the intellectual property rights to the work or works will remain with the author.
Transfer of a work does not entail or presume transfer of copyright, and any use whatsoever that is made of the author’s works which are the subject of the purchase order may only take place with the prior written consent of the author, whose name must be stated in that consent.
If originals are supplied to the user, these must in all cases be returned to the author. No new originals or copies of documents, of any kind whatsoever, will be supplied without the express prior written consent of the author. Unless agreed otherwise in writing, all media on which works are supplied will remain the property of the author.
2. The user is solely responsible for obtaining the necessary permissions in relation to the persons and/or objects represented in the works and in relation to the texts and captions accompanying the authorised use.
3. Authorisation for reproduction and/or public disclosure will be given only after payment of the agreed price.
4. All orders are concluded on a strictly personal basis. The rights and/or documents which are the subject of this order may not under any circumstances be transferred to third parties without the express prior written consent of the author.
5. The user is obliged to respect the moral rights of the author in all circumstances. More specifically, the user must respect the integrity of the works and in particular ensure that their colours are rendered faithfully and that they are not truncated or distorted. On the occasion of each and every use, the author’s name must be stated clearly, in full and unambiguously and in the following manner: “name of author © sofam – year“
6. Unless expressly agreed otherwise, all other rights (specifically including rights to remuneration for transmission by cable, reprographic reproduction, private copying, public lending, etc.) are reserved, including the right of exhibition.
7. In the event that an exclusive licence or transfer is granted to the user, the latter nevertheless authorises the author to use the author’s works which are the subject of the order for the purpose of self-promotion (specifically on the author’s own website, in the author’s books or in exhibitions of an artistic nature), whilst respecting the persons and objects that are represented in the work or works.
8. The author undertakes to keep the works available for the user as long as the Author’s company exists. Notwithstanding this undertaking, the author cannot be held liable in the event of a failure of an IT system which results in loss of data during this period.
9. Any new use of the work or works which is not explicitly authorised is prohibited. In the event of unauthorised use, the author reserves the right to file a claim for compensation and interest, in accordance with the applicable SOFAM fees, which may be downloaded from the website “http://www.sofam.be” www.sofam.be; use of a work without prior authorisation: 200% of the basic fee; use of a work without mentioning the author’s name: 100% of the basic fee; modification of a work without the author’s prior consent or failure to respect the integrity of the work: 200% of the basic fee.
1. All amounts are stated in euros, excluding VAT.
2. Any increase in the applicable rate of VAT or any new tax which may be imposed between the time that the order is placed and the completion of the order will be payable by the user.
3. Invoices are payable within 30 days, by payment into the account stated on the invoice, unless explicitly agreed otherwise in writing. Failure to pay an invoice by the due date will automatically lead to default. Statutory interest and a fixed supplementary charge of 15% of the invoice amount, with a minimum of 75.00 euros, will be added ipso jure to every unpaid invoice. This does not include any compensation for infringement of copyright and/or costs of legal proceedings. Every reminder sent to the user may be invoiced at a rate of 10.00 euros per item sent, without prejudice to court bailiff fees, which will also be payable by the user.
6. DELIVERY TIMES
When downloaded online at www.davidcoppens.be, the work will be directly delivered by a download link, after the purchase transaction has been completed.
If no delivery time has been agreed, the author undertakes to deliver to the client within a period of 30 days of the order being accepted. If the user requests a shorter delivery period, the author reserves the right to increase the initial price of the order.
In the event of cancellation of the order, compensation will be payable unless the cancellation occurs within the 14-day cooling-off period stipulated for remote contracts in accordance with Section 47 of Book VI the Belgian Code of Economic Law. Compensation will be calculated on the basis of the agreed fee, with a fixed minimum of 15%.
Any complaints concerning the invoice must be made within seven (7) days from receipt of the invoice. Complaints should be submitted by e-mail and confirmed by registered mail sent on the same day to the address shown on the front of the invoice. Failing this, the invoice will be deemed to have been accepted.
The user acknowledges that the reason for the complaint may not be related to matters of individual taste or aesthetic criteria.
If any clause in these General Terms and Conditions should be declared invalid, this will not affect the validity of the remaining clauses. The clause which has been declared invalid will be replaced by a clause which comes as close to its meaning as possible.
9. TERRITORIAL JURISDICTION AND APPLICABLE LAW
All disputes concerning the application or interpretation of these General Terms and Conditions and/or the contents of the purchase order and the invoice will be subject to the exclusive jurisdiction of the Courts of Brussels and will be governed by Belgian law, unless the author, acting as plaintiff, opts to bring proceedings before another competent court.