Our General Terms and Conditions

Article 1 - General

These terms and conditions apply to all current and future sales agreements with the limited company Media Service, with its registered office at 8900 Ypres, Stationsstraat 19, and with company number 0438.614.796, RPR Ghent, Ypres division (hereinafter referred to as 'Media Service'). The terms and conditions also apply whenever an order is placed via the one of the webshops managed by Media Service, through www.retrocamera.be, www.retrocamera.fr, and www.retrocamera.com. Once the customer enters into a sales agreement with Media Service, they accept the terms and conditions as described in this document, as well as all rights and obligations arising from the sales agreement, which may vary per offered product or service. The customer also acknowledges that only the terms and conditions of Media Service apply to sales agreements concluded with Media Service, to the exclusion of their own general or specific (purchase) conditions, even if these stipulate that they are the only ones applicable.

Article 2 - Applicability

The general terms and conditions are always and exclusively applicable to all products and services offered by Media Service, except in the case of an explicit deviation, which results from mutual agreement and written documentation. Explicit deviations are only valid as a replacement or addition to the clauses they pertain to. If a provision contained in these terms and conditions conflicts with an international treaty, to the extent applicable, a law, regulation, or other mandatory regulation, the relevant provision will not apply. The invalidity of a provision does not affect the validity of the other provisions of the general terms and conditions, which remain fully applicable. Media Service reserves the right to change and/or supplement the general terms and conditions at any time for future provisions. A future change will not affect existing agreements.

Article 3 - Content

'Content' refers to all products, texts, images, descriptions, and other data mentioned in any communication from Media Service, including but not limited to emails, websites, or catalogs. Media Service cannot guarantee that the content is free of errors, omissions, or typographical mistakes, or that the information is always up-to-date. Media Service reserves the right to adjust, change, or remove the content at any time without prior notice. The content of the various communication forms from Media Service is not binding and is intended solely for informational purposes. All images and photos of products are purely indicative. The settings of a screen on which the customer visits a website or opens emails may cause the colors of the depicted products to deviate. The print display of catalogs and related documents may also cause color deviations. Media Service only has a best-efforts obligation regarding access, the ordering process, delivery, or other services. Media Service cannot be held liable if, for any reason, the website is unavailable for a certain period and does not guarantee that access to the website will be uninterrupted, timely, or error-free. Users may view and print the information on the website free of charge for personal use, but not for commercial purposes.

Article 4 - Offer and Order

Anyone placing an order confirms they are legally competent. Orders via the website are assumed to be placed by individuals for non-professional private purposes or by businesses intending to use the products for their professional activities. Traders wishing to place an order for resale purposes should contact customer service. Legally incompetent persons must be represented by their legal representative, who is also bound by these sales conditions and must either fill out the order form themselves or give explicit permission to the legally incompetent person to do so. Media Service commits to processing orders as long as stock lasts and within the limitations formulated in these conditions. An order can only be processed if the customer has clearly identified themselves. Anyone placing an order declares they know and accept the general terms and conditions of Media Service. Anything not explicitly determined in these sales conditions is governed by the provisions of Belgian law. Media Service reserves the right to refuse orders in case of serious suspicion of legal abuse or bad faith, serious suspicion of commercially unacceptable purposes for Media Service, or if a particular item is out of stock. Media Service and the customer explicitly agree that electronic forms of communication are means by which a valid sales agreement can be established. Placing an order entails an obligation to pay. The general conditions are always available and can be consulted via the website. Each order shall be subject to the terms and conditions then included on the website and/or invoice. An order is only final after acceptance of these general terms and conditions, the prices and the description of the offer. If anything in the offer or after ordering should be unclear, the customer can always contact Media Service, either using the email address info@retrocamera.be or by phone at the phone number +32(0)57215433.

Article 5 - Signature and Proof

The customer accepts electronic evidence. The customer is solely responsible for the accuracy of all data they provide. For a first online order, the customer must follow the registration procedure. After this, the customer only needs to log in again to place a new order. The final confirmation of the order by the customer is considered acceptance of the order at the stated price. The customer's confirmation serves as a signature and explicit acceptance of all transactions via the website.

Article 6 - Payment

All product prices are indicated in euros and include VAT and recycling fees, unless otherwise stated. Transport costs, import duties, and other charges are not included unless otherwise specified or explicitly agreed upon in writing. Shipping costs are added based on the delivery address provided while placing an order and payment can be made by the options indicated during the ordering process. Orders above a certain amount are delivered at a reduced shipping rate or free of charge in certain countries. The applicable prices are the published prices at the time the customer places the order. The customer owes Media Service the price communicated in the confirmation. Obvious errors in the price quotation, such as evident inaccuracies, can be corrected by Media Service even after the agreement has been concluded. All offers from Media Service are non-binding. Media Service can change prices at any time without prior notice. Media Service retains ownership of all ordered products until full payment of all amounts due under this agreement, regardless of whether delivery has already taken place. Payment must precede delivery.

Article 7 - Delivery

Products are only delivered to countries where Media Service accepts the order. Delivery of the ordered item is either to the address provided by the customer, by collection at a pickup point or parcel locker of choice, or by collection at the Media Service store in Ypres. Delivery of products will be made as much as possible within the time specified in the individual order confirmation. Incorrect delivery addresses provided are the responsibility of the customer and may result in additional costs. The stated delivery times are not binding but are given as an indication. Media Service has the right to make partial deliveries. In case of non-delivery of the goods, any amounts paid by the customer will be refunded without interest or other compensation. The customer is responsible for all additional taxes and charges, such as if the delivery address is in an area considered remote. Media Service cannot be held responsible for any fees charged by a third party. Delivery is at the customer's risk. Media Service takes no responsibility for late deliveries due to unforeseen circumstances caused by third parties, nor for loss, theft, or damage during shipment by third parties. No delay in delivery can give rise to the cancellation of the purchase or payment of damages in favor of the customer, except in the case of intentional delay. Media Service undertakes to pack the products to be delivered as carefully as possible to exclude the chance of damage under normal handling. If an order is not delivered within the specified time, an investigation will be initiated with the shipping company, which may take several calendar days. During this period, no refunds or other shipments can be made. To the extent permitted by law, Media Service is not liable for losses, costs, liabilities, damages, penalties, or expenses arising from a delay or failure to deliver.

Article 8 - Invoice Terms

If not yet paid electronically, all invoices are payable on the due date or, in the absence of a due date, payable on the date of receipt of the invoice. Invoices are deemed to be fully accepted in the absence of a registered protest within 7 calendar days of receipt of the invoice. The invoice is deemed to have been received 3 working days after the issue date. In the absence of timely or full payment, a default interest of 10% per year will be due by operation of law and without notice of default, from the due date of the invoice until the day of full payment. In the absence of payment, timely payment, or full payment, a fixed compensation of 10% of the invoice amount with a minimum of 75 euros will also be due. In the event of late payment of an invoice, all other claims of the customer that have not yet expired will also become immediately due by operation of law. In the event of non-payment, Media Service reserves the right not to proceed with the delivery of the products or to stop further deliveries. Media Service also reserves the right to consider the sales agreement as dissolved by operation of law and without prior notice of default for the whole or the unexecuted part.

Article 9 - Right of Withdrawal for Products

Any ordered item can be returned or exchanged for another item within 14 calendar days at one of the Media Service stores. The item must be handed in at the store in its original packaging along with the return form and receipt/invoice. The customer can also return the item by mail within fourteen calendar days after informing Media Service in advance via one of the available communication channels. The customer must provide the following information: – the date of the order, the date of receipt, and the date the right of withdrawal is used – the customer's name and address, correct and complete – the customer's signature. A product must be returned along with a completed and signed return document that can be downloaded from the website if Media Service was not informed of the return in advance. The item must be packed in the original shipping box and sent to the following return address: Retro Camera, Stationsstraat 19, 8900 Ypres, Belgium. The return label must be affixed to the outside of the box, and the box must be handed in at the post office or pick-up point and sent at the customer's expense. The costs and risks of the return are entirely borne by the customer, unless the product was not made or delivered in accordance with the sales agreement. In any case, returns are only accepted if the item is clean and undamaged and in its original, light-tight packaging. Special offers or custom-made products are not processed for return. If all conditions are met, Media Service will refund the amount due for the product within 30 calendar days of receiving the return via bank transfer.

Article 10 - Retention of Title

The delivered goods remain the property of Media Service until full payment of the sale price, including costs and interest. However, the risk of loss or damage passes to the customer upon delivery. The customer is prohibited from reselling, renting, pledging, processing, incorporating, or otherwise disposing of or encumbering the goods until the invoice is fully paid, unless otherwise agreed with Media Service.

Article 11 - Force Majeure

Media Service is not liable for any delay in performance or non-performance of its obligations due to events beyond its normal control, including but not limited to natural disasters, actions of third parties (such as hackers, suppliers, governments, quasi-governments, supranational or local authorities), riots, civil unrest, war, hostilities, disasters, terrorism, piracy, arrests, coercive measures by a competent authority, strikes and/or lockouts, epidemics, fire, explosion, storm, flood, drought, weather conditions, earthquake, accident, mechanical failure, third-party software, failures or problems with public utilities, production interruptions, supply difficulties or shortages of raw materials, labor, energy or transport or delays in transport, work stoppages or other collective labor disputes affecting either Media Service or its suppliers, internet failures, power grid failures, mail traffic or third-party technology, government measures, and illness, even if these events are foreseeable.

Article 12 - Intellectual Property Rights

All intellectual property rights and derivative rights remain with Media Service. These intellectual property rights include: copyright, trademark, design and model rights, and/or other (intellectual property) rights, including patentable and non-patentable technical and/or commercial know-how, methods, and concepts. The customer is prohibited from using and/or making changes to the intellectual property rights as described in this article of the general terms and conditions of Media Service. The content, images, logos, designs, photos, data, product names, texts, etc., on the website or in catalogs and other printed materials of Media Service are protected by copyright and other (intellectual) property rights and treaty provisions.

Article 13 - Processing Customer Data and Privacy Policy

When products are purchased, the customer explicitly agrees that their personal data may be used for administrative purposes, such as creating and maintaining a customer database, tracking orders, shipments, and invoices, and checking solvency. The information provided by the customer is necessary for processing and completing orders and invoicing. By placing an order for a product, the customer's data is entered into the Media Service customer database. Media Service will never pass on this personal information to third parties unless explicitly requested by judicial authorities or when legally required to do so. The customer has the right to object free of charge to the processing of their personal data for direct marketing initiatives. Only customers who have explicitly given permission are included in the Media Service newsletter. Unsubscribing can be done at the customer's simple request. The customer has the right to view, modify, or delete their personal information. This can be done via info@retrocamera.be. Media Service uses cookies. Cookies consist of standard internet technology that allows certain information to be stored and accessed on the user's system. The customer can set their computer to not accept cookies. If the customer's computer does not accept cookies, it is possible that problems may arise during the ordering process. If this is the case, Media Service requests the customer to contact customer service so that the order can still be processed. Media Service keeps online (anonymous) visitor statistics to see which pages of the website are visited to what extent. If the customer has questions about Media Service's privacy policy, they can consult the website or contact customer service. Photos taken at the customer's request can be stored by Media Service in its databases and kept for a period of 1 week. Photos taken by Media Service can be published at any time on the website, Facebook, and other social media used by Media Service. If the customer wishes to object to the publication of certain images, they should contact customer service.

Article 14 - Warranty

Each item is subject to the legal warranty from the date of delivery to the first owner. Any commercial warranty does not affect these rights. To invoke the warranty, the customer must present the proof of purchase. For items purchased online and delivered to the customer's home, the customer must contact customer service in advance, after which the customer must return the item at their own expense to Media Service. Any defect must be reported within 2 months of its discovery. After this period, any right to repair or replacement expires. The (commercial and/or legal) warranty never applies to defects arising from accidents, neglect, falls, abnormal or incorrect use, use of the item contrary to the purpose for which it was designed, failure to follow the instructions or manual, modifications to the item, rough handling, poor maintenance. It also does not apply to items with a shorter lifespan or wear items. Defects that manifest after a period of 6 months following the date of delivery are presumed not to be hidden defects, unless proven otherwise by the customer. The warranty is not transferable.

Article 15 - Defects and Complaints

The customer undertakes to carefully inspect the products immediately upon receipt. The warranty of Media Service is limited to the warranty for hidden defects and the warranty in case of consumer purchase (Article 14), both provided for in the Civil Code. Media Service is only liable for damage resulting from intent or gross negligence. Media Service is not liable for general or special indirect damage of any kind suffered by the customer. Any problem or defect related to the delivery of an item, damage, or qualitative shortcoming must be reported in writing via registered mail to the address: Stationsstraat 19, 8900 Ypres, Belgium or via email to info@retrocamera.be. Complaints must be received by Media Service to be admissible: (a) in case of a complaint due to non-conforming delivery, 7 days after delivery, and (b) in case of hidden defects, 7 days after the discovery of the defect or after the moment when such discovery could reasonably have occurred. Media Service undertakes to respond to the complaint within 14 calendar days of receipt. If the delivery needs to be returned to Media Service, this will be done in the manner specified under Article 9. Media Service offers the guarantees provided by law. Media Service is not liable for force majeure, accident, misuse, or incorrect handling of an item by the customer. An item with an accepted defect will be replaced or repaired free of charge.

Article 16 - Jurisdiction and Applicable Law

All offers and agreements are exclusively governed by Belgian law. In case of dispute, only the courts of the judicial district of Ypres, Belgium, have jurisdiction.