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General conditions

Definitions

INSPARKING or the supplier: The one who accepted the order. 

INSPARKING COMMV, 

located at Stationsstraat 129, 2860 Sint-Katelijne-Waver, België

with chamber of commerce n° 1000.839.862

www.insparking.com 

​

Klant ofwel de opdrachtgever: degene die de opdracht heeft geplaatst, diegene met wie INSPARKING een overeenkomst is aangegaan, tevens de aanvaarder van deze algemene voorwaarden. 

 

Partijen: INSPARKING en klant samen. Consument: een klant die tevens een individu is en die als privépersoon handelt Offerte: alle aanbiedingen van INSPARKING aan (rechts)personen waarmee beoogd wordt een overeenkomst aan te gaan. 

 

Overeenkomst: de overeenkomst van opdracht tussen INSPARKING en de klant. Opdracht: de dienst of het product dat door INSPARKING geleverd zal worden. 

 

Annuleren: beëindiging of ontbinding van de overeenkomst.

​

Schriftelijk: elektronische communicatie zoals e-mail, mits de identiteit van de afzender en de authenticiteit van de communicatie voldoende vaststaat. De bewijslast betreffende ontvangst van elektronische communicatie ligt te allen tijde bij de klant. 

 

Gebruik: verveelvoudigen en/of openbaar maken in de zin van de auteursrechtelijke wetgeving. 

 

Fotografische werken of grafische werken (ook: Werken): fotografische en grafische activiteiten, en andere werken, welke met bedoelde fotografische werken of grafische werken op één lijn kunnen worden gesteld.

​Generalities and applicability

  1. Every client is assumed to have taken note of our general terms and conditions of sale and to accept them.

  2. These terms and conditions of sale are binding.

  3. The client is assumed to have taken note of them and to fully agree with them.

  4. These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of INSPARKING.

  5. Parties may only deviate from these terms and conditions if they have expressly agreed to do so in writing.

  6. Parties expressly exclude the applicability of (additional and/or deviating) general terms and conditions of the client or third parties.

  7. The adjustment or addition of terms and conditions is done in consultation between both parties.

  8. The client must immediately communicate changes to the personal and address details of the client to INSPARKING in writing or by e-mail. If the client fails to do so, the client is liable for any damage that INSPARKING suffers as a result.

Offers and quotes

1. Offers and quotations from INSPARKING are without obligation, unless expressly stated otherwise.

2. An offer or quotation is valid for a maximum of 1 month, unless a different acceptance period is stated in the offer or quotation.

3. If the customer does not accept an offer or quotation within the applicable period, the offer or quotation will lapse and must be adjusted to the current prices.

4. Offers and quotations do not apply to repeat orders, unless the parties have expressly agreed this in writing.
5. The prices stated in the quotations, specifications and/or orders are those that apply on the day of the offer and include VAT, unless stated otherwise.

  1. Bestellingen zijn bindend voor de opdrachtgever vanaf de ondertekening van de bestelbon, de bevestiging van de offerte zowel schriftelijk of via mail, of via sociale media.

  2. Een nieuw contract met betrekking tot hetzelfde product en/of dezelfde dienst vervangt alle eerder gesloten overeenkomsten.

  3. INSPARKING heeft het recht opdrachtgevers te weigeren of uit te sluiten van bepaalde of alle diensten welke zij aanbiedt.

Acceptance

Any order, regardless of whether it is placed via an official order form or confirmed by email, or any order for a service without a prior quote request by the customer, assumes the customer's knowledge and acceptance of our rates, prices and general terms and conditions of sale and is binding.
The customer must explicitly confirm and accept the offer via email, text message, WhatsApp, Facebook message, Instagram, etc. If the customer fails to do so, but nevertheless agrees, or at least gives the impression, that INSPARKING is performing work within the framework of the agreement, the offer will be considered accepted.
Price increases or any other costs that were reasonably necessary, arising after the time of the quote but before the time of delivery or service, will be charged to the client by INSPARKING.
Upon acceptance of a quote or offer, INSPARKING reserves the right to withdraw the quote or offer within 3 days of receipt of acceptance, without the customer being able to derive any rights from this. INSPARKING's quotes and specifications are drawn up on the basis of the instructions given by the customer. Any changes to these will result in a price revision.
Orders are binding for the client from the moment the order form is signed, the confirmation of the quote is made in writing or by email, or via social media.
A new contract relating to the same product and/or service replaces all previously concluded agreements.
INSPARKING has the right to refuse clients or exclude them from certain or all services it offers.
INSPARKING reserves the right to refuse an order if new information becomes available after acceptance that makes the execution unacceptable for INSPARKING.
After acceptance, the agreement can only be changed by mutual consent. In that case, INSPARKING is entitled to adjust the price due for the agreement.

Cancellation of the order

1. If the customer cancels an order up to 24 hours before the agreed day and time, no costs will be charged. If the customer cancels within 24 hours before the agreed day and time, the full amount for the order will be charged by INSPARKING.
2. If the customer cancels an order up to 24 hours before the agreed day and time, no costs will be charged. If the customer cancels within 24 hours before the agreed day and time, €25.00 will be charged.
3. Customers may reschedule the appointment at any time for a fee of €12.50.
4. If the parties have not agreed on compensation, the compensation normally charged by INSPARKING in the event of cancellation will apply.

Execution of the assignment

1. Execution of the assignment​1. INSPARKING will execute the assignment to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship, in the style in which INSPARKING usually works.
2. INSPARKING will make every effort and will act to the best of its ability in the given and existing circumstances during the photo shoot and/or report
3. The execution of the assignment will take place in mutual consultation and after written agreement and payment of any agreed advance payment by the client.
4. The client is obliged to do and refrain from doing everything that is reasonably necessary and desirable to enable timely and correct execution of the assignment. If the client has not ensured that INSPARKING can start executing the agreement in a timely manner, the resulting additional costs and/or additional hours will be borne by the client.
5. The client undertakes to make the circumstances for INSPARKING as favourable as possible and to take measures where necessary, including, but not limited to, instructing other persons present. 6. Group photos and other photos specifically requested by the customer can only be produced by INSPARKING if the ‘circumstances permit this, there is sufficient time available and the customer takes sufficient measures to enable the production of these images, including but not limited to the designation of important persons.
7. INSPARKING expressly does not guarantee that all photos requested by the customer will actually be delivered.
8. INSPARKING delivers the images in its usual style, whereby a global image optimization is applied to, among other things, light, color, contrast and cropping. INSPARKING will only perform some post-processing to remove or reduce existing elements in the photo, including but not limited to the removal or reduction of disruptive elements in the environment and items of a temporary nature.
9. Post-processing outside of this is only after consultation with INSPARKING and may entail additional costs.

Locations

1. For all on-location photography, such as animal photography, nature photography or corporate photography, the customer is responsible for choosing the final location for the photoshoot. INSPARKING is of course happy to think along and can advise the customer in this.
2. The customer is responsible for finding an alternative in bad weather, if the customer does not wish to have photos taken outside in that case.

Prices

​All prices used by INSPARKING are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or otherwise agreed.
INSPARKING can change all prices used by INSPARKING for products or services, on the website or otherwise made known.
All prices stated by INSPARKING, as well as agreed prices, are only indicative. ​​The price quotes can be subject to changes due to an unforeseen change in the work.
Increases in the cost prices of products or parts thereof, which INSPARKING could not foresee at the time of making the offer until the agreement was concluded, can give rise to price increases. The consumer has the right to terminate an agreement as a result of a price increase, unless the increase is the result of a statutory regulation.
INSPARKING has the right to adjust the prices sporadically, in line with the market and in line with the suppliers. INSPARKING will communicate the price adjustments to the customer prior to their entry into force.

Shipping costs

Shipping costs are the responsibility of the customer, unless the parties have agreed otherwise.

Parking permit and travel expenses

​1. The customer is responsible for arranging a parking permit if required. If paid parking is involved, the additional costs will always be borne by the customer.
2. Any travel costs per kilometer amount to the maximum permitted value in Belgium (for Q2 2024 this is €0.4265/km). For declarations of travel by public transport, the original tickets are enclosed.
3. The travel distance is calculated using Google Maps or Waze. 

The customer must pay the invoice to INSPARKING within 30 days of the invoice date, unless the parties have made other agreements about this or a different payment term is stated on the invoice. INSPARKING may request a down payment of up to 50% of the agreed amount when entering into the agreement for the delivery of a product. Payment terms are considered fatal payment terms. This means that if the customer has not paid the agreed amount by the last day of the payment term, he is legally in default and in breach, without INSPARKING having to send the customer a reminder to put him in default. INSPARKING reserves the right to make a delivery dependent on immediate payment or to demand security for the total amount of the services or products. INSPARKING requires a minimum of 25% of the total amount as a down payment for the delivery of the service and the customer must pay this amount prior to the order, unless otherwise agreed.

Invoicing, payments and payment terms

​The customer must pay the invoice to INSPARKING within 30 days of the invoice date, unless the parties have made other agreements about this or a different payment term is stated on the invoice. INSPARKING may request a down payment of up to 50% of the agreed amount when entering into the agreement for the delivery of a product. Payment terms are considered fatal payment terms. This means that if the customer has not paid the agreed amount by the last day of the payment term at the latest, he is legally in default and in breach, without INSPARKING having to send the customer a reminder to put him in default. INSPARKING reserves the right to make a delivery dependent on immediate payment or to demand security for the total amount of the services or products. INSPARKING requires a minimum of 25% of the total amount as a down payment for the delivery of the service and the customer must pay this amount prior to the order, unless otherwise agreed.

Consequences of not paying on time

If the customer does not pay within the agreed term, INSPARKING is entitled to charge the statutory interest of 7% per month for non-commercial transactions and the statutory interest of 12.5% ​​per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted as a whole month. (These percentages apply to the 1st half of 2024 and are revised every six months) In the event of legal prosecution, the gross invoice amount will be increased by 20% plus interest. Legal costs are borne by the customer. Failure to pay an overdue invoice releases us to withhold orders in progress; in that case, the buyer can no longer claim the seller's guaranteed delivery term. In the absence of timely payment of one invoice, all other claims of INSPARKING on the client become immediately due and payable. If an order is carried out in parts, INSPARKING has the right to invoice each partial delivery. If an invoice is not paid on the due date and INSPARKING is executing other orders from the same client, INSPARKING is entitled to cancel those orders or to cease its activities, without the client concerned being able to claim compensation. Furthermore, the client is obliged to reimburse INSPARKING for all costs incurred by INSPARKING to collect the outstanding amounts. In the event of late payment, INSPARKING reserves the right to immediately block the services from use. Any shipping costs or transport and accommodation costs are always borne by the client. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the client, INSPARKING's claims against the client are immediately due and payable. If the client refuses to cooperate with the execution of the agreement by INSPARKING, he is still obliged to pay the agreed price to INSPARKING.

Right of suspension

Unless the Customer is a consumer, the Customer waives the right to suspend the performance of any obligation arising from this Agreement.

​Settlement

Unless the customer is a consumer, the customer waives his right to offset a debt to INSPARKING against a claim on INSPARKING.

​Retention of title

1. INSPARKING shall remain the owner of all delivered products until the customer has fully complied with all its payment obligations to INSPARKING under any agreement concluded with INSPARKING, including claims relating to failure to comply.
2. Until that time, INSPARKING may invoke its retention of title and return the goods
3. Before ownership has been transferred to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
4. If INSPARKING invokes its retention of title, the agreement shall be deemed to have been terminated and INSPARKING shall be entitled to claim damages, lost profits and interest.

Delivery and delivery time

  1. Designs are stored for up to 1 year after completion of the order as standard.

  2. INSPARKING only uses estimated delivery times, unless otherwise agreed.

  3. The delivery period only starts when the supplier has all the necessary documents and information in his possession.

  4. The days lost due to the failure of the client to approve will be added to the delivery period.

  5. In the event of force majeure, the supplier bears no responsibility and can partially or completely cancel the order without financial consequences.

  6. Delivery periods are only given for information purposes, unless expressly stated otherwise in the order form, and are not binding. Delays compared to the promised delivery periods cannot give rise to termination of the agreement or to compensation for late execution.

  7. The agreed periods are extended by any delay by the client in providing elements that INSPARKING needs to complete its task or by a delay in payment of the agreed price.

  8. If successive deliveries are planned, each delivery must be considered separately as a separate agreement, so that the events relating to one delivery do not affect a subsequent delivery.

  9. If a client wishes to shorten the delivery time of an order, INSPARKING is entitled to charge the associated higher costs above the agreed price.

  10. All shipments of goods are always at the buyer's risk. All packaging and shipping costs are borne by the customer, regardless of the invoice amount.

  11. Digital files with (Photo)graphic works are delivered in good consultation and in a manner agreed by both parties and are at the customer's risk from the moment of shipment. If no delivery time has been agreed, it will be determined by INSPARKING in all fairness.

  12. Delivery takes place according to the agreement, digital / printed / digital + printed.

  13. Digital files are delivered in .jpg, .png, .eps or .pdf, in accordance with the order and agreement.

  14. It is not permitted to place the digital images supplied by INSPARKING online or to have them printed other than as supplied, for example edited and cropped. If digital files are printed elsewhere, INSPARKING is not liable for the quality of the print.

Intellectual Property and License

  1. INSPARKING, Sabrina Willaert, retains all intellectual property rights for the delivered works (including but certainly not limited to copyright, patent rights, trademark rights, design and model rights, etc.) on all designs, drawings, writings, data carriers or other information, quotes, images, sketches, models, mock-ups, etc. unless the parties have agreed otherwise in writing.

  2. Each agreement also includes the license described above with regard to the Works of INSPARKING, unless otherwise agreed.

  3. The client may not, unless otherwise agreed, demand delivery of the work before or after delivery.

  4. The client obtains a non-exclusive license from INSPARKING for an indefinite period of time to reproduce the works, but not to edit them, for personal use and to make them public within the home. Any infringement of this will automatically constitute unfair competition or an act of counterfeiting.

  5. The Works may only be made public with a clearly visible mention of the name of INSPARKING.

  6. Unless otherwise agreed, the client is not authorized to grant sublicenses to third parties, nor to transfer his own license.

  7. The client is explicitly not authorized to use or trade the photos for business or commercial purposes, or at least for other purposes outside the domestic circle, without prior written permission from INSPARKING.

  8. The client must request written permission to submit a photo for competitions and publications by third parties.

  9. The client must respect the personal rights of INSPARKING.

  10. Digital or analog editing or changing of delivered Works is not permitted without prior written permission from INSPARKING.

  11. INSPARKING reserves the right to use the Works for business and commercial purposes and publications, including, but not limited to, website and weblog, portfolio, advertisements, social media, magazine articles, in print, exhibition material and demonstration material. If the client does not want to see a specific photo online, this can be discussed with INSPARKING.

​Copyright and other intellectual property infringement

  1. Any use of a Work by INSPARKING that has not been agreed upon shall be considered an infringement of the copyright or other intellectual property of INSPARKING.

  2. In the event of infringement, INSPARKING shall be entitled to compensation amounting to at least three times the license fee normally charged by INSPARKING for such use.

  3. In addition, the customer shall forfeit an amount of 5% of the fee referred to in paragraph 2 for each day that the infringement continues.

  4. No prior notice of default or legal proceedings are required for the forfeiture of this fine. Nor does any form of damage have to be involved. The forfeiture of the compensation referred to in paragraph 2 of this article does not affect the other rights of INSPARKING, including its right to claim damages in addition to the fine.

  5. INSPARKING, Sabrina Willaert, has the right to place all designs as an example on the website INSPARKING.com and on social media related to INSPARKING. If you do not wish this, you must sign a written agreement in advance.

Third party rights

  1. The client who publishes a Work is solely responsible for obtaining permission from the portrayed persons and/or other rights holders. The client indemnifies INSPARKING from all claims hereto and further.

  2. INSPARKING is obliged to cooperate to the best of its ability in tracing the persons referred to in this article.

Multiple photographers or graphic designers

​1. If, in addition to INSPARKING, other professional photographers or graphic designers are hired for the assignment in question, this must be communicated to INSPARKING and the other parties involved before the start of the assignment. This way, the professional parties can make agreements among themselves.
2. Other persons present are allowed to take photographs, but without hindering the INSPARKING photographer.
3. If the client hires a professional videographer, the client will indicate whether INSPARKING or the videographer should record the moments when it is not possible to work together from the best point.
4. INSPARKING is allowed to bring a third party with it in the capacity of assistant, intern or 2nd shooter. No rights can be derived from this and this does not entail any additional costs for the client. Corrections and good for printing.
Any changes must be communicated in writing (email or on PDF). The supplier undertakes to carry this out correctly and to submit a new proof for approval. Verbal or telephone corrections are at the risk of the client. Delays resulting from changes to the initial order are under no circumstances the responsibility of the supplier. After the transfer of a good for printing, the supplier is released from all responsibility during or after printing. The good for printing remains the property of the supplier and can serve as evidence in the event of a dispute. The different printing processes involve a difference in the reproduction of colours. The supplier guarantees the most faithful reproduction possible within the technical possibilities. Tests and proofs to view the result on the final medium or other types of colour proofs will be charged extra.

Warranty

​1. When the parties have entered into an agreement with a service-oriented nature, this only contains an obligation of effort for INSPARKING and therefore no obligation of result.
2. The warranty with regard to products only applies to defects caused by defective manufacturing, construction or material.
3. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, passes to the customer at the time when they are legally and/or actually delivered, or at least come into the power of the customer or of a third party who receives the product on behalf of the customer.

​Information provision by the customer

clear

855 / 5.000

Vertaalresultaten

Vertaalresultaat

​1. The customer shall make all information, data and documents relevant to the correct execution of the agreement available to INSPARKING in a timely manner and in the desired form and manner. 2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise follows from the nature of the agreement. 3. If and to the extent that the customer requests this, INSPARKING shall return the relevant documents. 4. If the customer does not, does not timely or does not properly make available the information, data or documents reasonably requested by INSPARKING and the execution of the agreement is delayed as a result, the resulting additional costs and additional hours shall be borne by the customer.

Complaints

1. The customer must examine a product delivered or service provided by INSPARKING as soon as possible for any shortcomings.
2. If a product delivered or service provided does not meet what the customer could reasonably expect from the agreement, the customer must inform INSPARKING of this as soon as possible, but in any case within 14 days after delivery of the product or service. The customer can send an email to info@insparking.com for this purpose
3. The customer must provide as detailed a description as possible of the shortcoming, so that INSPARKING is able to respond adequately.
4. The customer must demonstrate that the complaint relates to an agreement between the parties. If a complaint relates to ongoing work, this cannot in any case lead to INSPARKING being required to perform work other than that agreed upon.

Notice of default

1. The customer must notify INSPARKING of any notice of default in writing.

2. It is the customer's responsibility to ensure that a notice of default actually reaches INSPARKING (in a timely manner).

Customer's joint and several liability

If INSPARKING enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts they owe to INSPARKING under that agreement.

Complaints and liability INSPARKING

  1. Any complaint or protest must be sent in writing and by registered mail within eight days of delivery. Even if the delivery note is not signed by the client, this eight-day period starts immediately after delivery.

  2. Partial use of the articles also results in the start of the period.

  3. Delivered and entrusted materials of any kind remain the responsibility of the client.

  4. The supplier cannot be held liable for loss or damage to these goods.

  5. In the event of force majeure, the supplier bears no responsibility and can partially or completely cancel the order without financial consequences.

  6. If the client is of the opinion that the costs charged are incorrect, the client can notify INSPARKING of the objections within eight (8) days of the date on the invoice. After receipt of the objection, INSPARKING will investigate the correctness of the invoice amount.

  7. Any protest of the invoice must be communicated to INSPARKING by registered mail and clearly motivated within eight (8) days of receipt of the invoice.

  8. INSPARKING is only liable for any damage suffered by the customer if and to the extent that such damage is caused by intent or deliberate recklessness.

  9. If INSPARKING is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.

  10. INSPARKING is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.

  11. If INSPARKING is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance and in the absence of (full) whitewashing by an insurance company of the amount of damage, the liability is limited to the (part of the) invoice amount to which the liability relates. All designs, images, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and are only approximate and cannot give rise to compensation and/or (partial) termination of the agreement and/or suspension of any obligation.

Expiry date for compensation

​Any right of the customer to compensation from INSPARKING shall in any case expire 6 months after the event from which the liability directly or indirectly arises.

Right of withdrawal, cancellation

The customer has no right to cancel the order without notice of default from INSPARKING. If the customer nevertheless wishes to suspend an order after ordering, the customer will be obliged to pay the costs already incurred for preparatory work by INSPARKING as compensation, increased by 25% and with a minimum of 10% of the total invoice. This without obligation of INSPARKING to deliver anything.
The customer has the right to terminate the agreement if INSPARKING is culpably in breach of its obligations, unless this breach, given its special nature or minor significance, does not justify termination.
If the fulfilment of the obligations by INSPARKING is not permanently or temporarily impossible, termination can only take place after INSPARKING is in default. INSPARKING has the right to terminate the agreement with the customer if the customer does not fully or timely fulfil his obligations under the agreement, or if INSPARKING has become aware of circumstances that give it good reason to fear that the customer will not be able to properly fulfil his obligations or payment.

Force majeur

1. A failure by INSPARKING to fulfil any obligation towards the customer that cannot be attributed to INSPARKING in a situation beyond the control of INSPARKING, as a result of which the fulfilment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfilment of its obligations cannot reasonably be expected of INSPARKING. 2. The force majeure situations referred to in paragraph 1 also include - but are not limited to -: emergency (such as civil war, uprising, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a force majeure situation occurs as a result of which INSPARKING cannot fulfil one or more obligations towards the customer, those obligations will be suspended until INSPARKING can fulfil them again.
4. From the moment that a force majeure situation has lasted for at least 30 calendar days, both parties may terminate the agreement in writing in whole or in part. INSPARKING is not liable for any (damage) compensation in a force majeure situation, even if it enjoys any benefit as a result of the force majeure situation.

Change of the agreement.

If, after the conclusion of the agreement, it appears necessary to change or supplement its content for its implementation, the parties shall adjust the agreement in a timely manner and in mutual consultation.

Changes to general terms and conditions

1. INSPARKING is entitled to change or supplement these general terms and conditions.
2. Changes of minor importance can be implemented at any time.
3. INSPARKING will discuss major substantive changes with the customer in advance as much as possible.
4. Consumers are entitled to terminate the agreement in the event of a material change to the general terms and conditions.

​Transfer of rights

The customer's rights under an agreement between the parties cannot be transferred to third parties without the prior written consent of INSPARKING

Consequences of nullity or voidability

1. If one or more provisions of these general terms and conditions prove to be null and void or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is null and void or voidable will in that case be replaced by a provision that comes closest to what INSPARKING had in mind when drawing up the terms and conditions on that point.

Applicable law and competent court

​1. Every agreement between the parties is exclusively governed by Belgian law.
2. The Belgian court in the district where INSPARKING is established has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

Drawn up on 09 November 2023

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