GENERAL SALES TERMS AND CONDITIONS FOR THE USE OF IMAGES FROM THE IMAGE BANK
Access to this website and the information contained thereon constitutes full acceptance of the terms and conditions as set out below. Lukas reserves the right to amend these conditions at any time.
Should you want to use an image in a way that is not authorised by these conditions, or should you have any questions concerning same, please contact Lukas.
The user is any individual or legal entity who, in whatever way, uses the content of the Lukas database.
2. Image bank
“Image bank” refers to the Lukas database (including images, text, information, etc. and other material) as made available to the user, via the Internet, or otherwise in any form whatsoever.
“Lukas” stands for Lukas-Art in Flanders vzw.
The customer is any person or entity who buys one or more prints, digital images or art gifts by means of the Lukas website.
B. USE OF THE IMAGE BANK
The use includes the consultation, downloading, reproduction, etc, of images and/or information contained in this database.
1. The user of the Lukas image bank agrees to respect the general conditions. (S)he is aware that the information supplied on the website shall remain the property of Lukas. Users may seek exemption from the legal exceptions where authorised by Belgian law concerning the protection of royalties and databases.
2. The use or reproduction of certain names, signs or logos representing trademarks is not permitted.
3. It is the obligation of the user to protect the Lukas against claims made by third parties.
4. Links to other websites
The Lukas website contains links to third-party websites. These are provided solely for the information of users. Lukas has no control over these sites or the information contained thereon. No responsibility can therefore be accepted by Lukas for the content or the quality of these sites.
5. Links to the Lukas website
The user may include a link to the homepage of this site on your own website. The web page containing the hyperlink must disappear entirely and the URL (www.lukasweb.be) of our website must be clearly visible.
The information on this website is the result of meticulous research and analysis. Although Lukas strives to inform you in as precise and thorough a manner as possible, the information on the website may be incomplete or contain errors. Lukas cannot be held responsible for this. Jamming, discontinuances or errors in electronic subcontracting services requested by means of the website under no circumstances gives the right to financial compensation.
C. BUYING PRINTS
1. Use of the print
The print may only be used for the purposes mentioned at the time of ordering and as indicated in the confirmation order.
The place of delivery is the place indicated by the customer at the time of ordering. The delivery periods mentioned on the website are for information purposes only. Lukas cannot be held responsible for possible delays in the delivery of goods or services. No responsibility can be accepted by Lukas for any possible aberration in colours or for faults in the general appearance of the image print. Any complaints about the goods or delivery must be communicated within eight days after the delivery and especially before using the provided image print(s).
The supplied image prints cannot be processed or modified in any way without the prior consent of Lukas.
Except with the prior, written authorisation of Lukas, it is not permitted to duplicate, share, sell or lend the supplied image prints to third parties.
The invoice must be challenged, in writing, within eight days of the invoice date.
6. Duty of safeguarding
The duty of safeguarding the Lukas does not extend beyond that of its suppliers.
7. Guarantee against disposal
The user undertakes to guarantee the Lukas and insure them against all possible claims by third parties arising from or related to violation of use of the image print by the user.
The transactional risk is transferred from seller to buyer on the signing of the purchase agreement, i.e. as soon as the customer receives an order confirmation (by e-mail) from Lukas. Any loss and/or damage of the goods sent are the responsibility of Lukas only when the customer has informed Lukas in writing (email@example.com) of any damage or malfunctions within seven days after delivery. Failure to do so within this timeframe will result in any risk being borne by the customer. In the event of damage, the customer must return the product within seven days following the delivery date. On his/her request, the invoiced sum and/or the expenses of returning the goods are refunded as soon as the goods are received by Lukas.
9. Force majeure – change in the customer’s legal status
Lukas reserves the right to terminate the agreement, without it being possible for compensation to be demanded, when Lukas is unable to execute the agreement due to force majeure, a strike, lock-out, etc.
Lukas reserves the right to view the agreement as dissolved by law without prior notice in the event of insolvency, evident incapacity to pay as well as any change in the customer’s legal status.
10. Remote selling
Every customer has the right to renounce to the purchase, without having to pay a penalty and without further explanation, within a time frame of seven working days after the day following the sales transaction.
In this case, the customer must return the goods in the original, unopened packaging within seven working days following reception, together with the completed return slip (to be found on the reverse of the invoice). The amount invoiced shall be refunded as soon as the returned goods have been received. The expenses of returning the goods are borne by the customer. Lukas reserves the right to refuse returned items and therefore the refund if the original packaging has been opened or if the products have been returned damaged.
Despite the transition of risk at the time of the closing of the sales contract, the goods shall remain the property of Lukas as long as they have not been paid for. Invoices are payable in cash within seven days of the invoice date at the Lukas head office.
Should the invoice not be paid by its expiry date, all other invoices outstanding at that point in time become immediately due. Starting from the expiry date, an interest rate for a conventional delay (on an annual basis) is due at 10% of the amount stated on the invoice. In addition, a contractual compensation is due at 10% of the amount stated on the invoice, with a minimum of €125, excluding VAT.
The customer explicitly accepts that Lukas will assign the intervening payments to the oldest outstanding invoices.
Order cancellations should be made in writing to Lukas ( firstname.lastname@example.org).
Lukas reserves the right to request the dissolution or the observation of the agreement. In the event of cancellation, the customer must return the goods to Lukas. If the order is cancelled within seven working days of the invoice date, the customer is required to pay a cancellation fee of €50. If the invoiced sum is less than €50, this sum will remain due in full.
In the event of cancellation, later than seven days but not later than 30 days after the date of the invoice, the cancellation fee will amount to 50% of the total invoiced sum, with a minimum of €50. Cancellations later than 30 days after the date of the invoice are not accepted.
13. Failure to comply with conditions
In the event of full or partial non-compliance, Lukas reserves the right to halt further deliveries. Lukas also reserves the right to demand compliance with the agreement or to view this as dissolved in its entirety or for the non-executed portion by law and without prior warning of default.
The loss incurred by Lukas amounts to at minimum 50% of the value of the order or the non-fulfilled portion of it. Payment of this claim is owed by law and without prior warning of default, on the understanding that Lukas reserves the right to prove its real loss with all legal means if it is higher.
Any additional taxes or duties are the responsibility of the buyer of the images and can never be recovered from Lukas.
15. Applicable law/Jurisdiction
The applicable law is Belgian law. All disputes arising from or relating to this agreement shall be submitted to the courts and tribunals of the judicial arrondissement of Ghent.
D. BUYING COPYRIGHT ON DIGITAL IMAGES OF OUR IMAGE BANK
"Image" is taken to mean: ektachrome, slide, photograph, picture, text, data, information, etc. in whatsoever form or medium, included in the Lukas image bank.
The Image will be kept on the Lukas website in high picture quality in Adobe RGB colour values and in a specified size at the customer’s disposal for three days.
2. Product guarantee
Lukas guarantees that the Image made available is free of faults (apart from visual flaws inherent in or present in the underlying work) for ninety days following delivery of the image.
Lukas does not offer any guarantee of the suitability of the image for the stated application and cannot be held liable for deviations in colour or image sharpness in the final print. Lukas advises requesting a reference print for this purpose.
3. Reference print
The reference print is used exclusively as an aid during printing or conversion of an Image for printing.
Except where there is prior written approval from Lukas it is forbidden to modify, process, reproduce, distribute, sell, lend or make the reference print available to third parties in any other way. The general conditions relating to the purchase of a print apply to the purchase of a reference print.
It is advisable to request the reference print that is held available for each image by the Lukas as an aid for the printing or conversion of Images for printing. This means that the user avoids deviating colour values in the final colour result.
Except if a condition states otherwise, the customer can use the supplied image on the basis of a non-exclusive licence for one-off use of the image in the publication(s) and in accordance with the conditions (such as concerning the use, the medium, the duration, format, print run, and area of distribution) stated by the customer when placing the order.
The licence does not apply to use under other conditions from those stated by the customer when placing the order.
The user is completely responsible for use of the image.
The image can only be placed on a computer or computer network for the period indicated on the invoice and the confirmation of the order
The awarded licence is personal and non-transferable. If the image is ordered on behalf of a third party, the third party must be the only final user of the image.
Access to the images must be limited to those entrusted with producing the publication(s) for which the image has been requested.
Access to the images cannot be granted in any way to persons or applications that are not involved in the production or creation of the work.
5. Intellectual property
Lukas always retains all rights to the Images. The acquisition of a usage licence on an image does not imply a transfer of the rights of ownership to the image.
6. Modifications Limitations
The images provided cannot be adapted or modified in any way, except for a standard colour correction and/or a minor cropping in the global representation.
7. Reproduction, sales, lending
Apart from where needed for use in the publication(s) stated in the order or apart from prior, explicit written approval, it is not permitted to duplicate, sell or lend the delivered Image in any way either free or under sublicence or to make it available otherwise to third parties.
Lukas can subject use of an image to limitations (such as concerning the medium, the duration, the print run, positioning of the image, size, distribution zone, sector or industry for which the image is used).
Lukas can subject use of an image to prior approval for certain purposes such as use for sensitive subjects. Sensitive subjects include: contributions that do or could show the subject of the image concerned in a poor light, contributions that seek to mock persons, subjects linked to sexual actions, and certain physical or mental ailments. The customer undertakes to contact Lukas where it intends to use images for sensitive subjects.
Under no circumstances may the image be used as a brand for goods or services, for pornographic purposes or for purposes that violate the law.
9. Non-use of the image in the stated publication
If the customer decides not to use the image in one or more of the publication(s) stated when placing the order, it can obtain a credit note subject to the following conditions:
- the customer must inform Lukas immediately that it will not use the image (in certain publications).
- (s)he must remove the image concerned immediately from all media (such as a hard disk, CD, DVD) on which the image is saved and must guarantee this in writing to Lukas. The customer explicitly grants Lukas the right to inspect all of its files to verify this declaration.
Removal of the questionable image file is essential for Lukas. If this condition is not respected, inclusive compensation of €2,500 is owed by law without prior warning of default, without prejudice to Lukas’ right to prove and claim higher compensation by all legal means.
- If the notice is reported within seven working days following the date of the invoice, the customer is required to pay a cancellation fee of €50. If the invoiced sum is less than €50, this sum will remain due in full. In the event of cancellation, later than seven days but not later than 30 days after the date of the invoice, the cancellation fee will amount to 50% of the total invoiced sum, with a minimum of €50.
Cancellations later than 30 days after the date of the invoice are not accepted.
If non-use is reported as described above, the licence to use the image expires.
The ordered image can be used only after payment of the invoice.
If an invoice is not paid by its due date, the licence agreement expires legally and all other outstanding invoices between the parties are immediately claimable. The customer also explicitly acknowledges that (s)he shall owe contractual compensation equal to 10% of the outstanding balance with a minimum of €125, excluding VAT plus contractual interest of 10% on an annual basis.
Any additional taxes or duties are the responsibility of the customer and can never be recovered on Lukas.
The invoice must be challenged, in writing, within eight days of the invoice date.
13. Presentation copies
After use of the image the customer must supply Lukas with two free presentation copies of the publication that was created with the image.
If the images were used to create an Internet application, the URL and, where applicable, a login and password must be communicated to Lukas.
If consultation via a URL is not possible, screenshots may be used as presentation copies.
14. Return of the media
If the images are delivered on a multimedia medium such as a CD-ROM, the customer is obliged to return this medium to Lukas within seven working days of the expiry of the allocated period of use. Failing this it shall by law owe payment equal to double the invoiced sum without prior warning of default.
This component continues to apply after the termination of the agreement.
15. Guarantee against disposal
The user undertakes to guarantee the Lukas and to compensate it against all possible claims by third parties arising from or related to violation of use of the image by the user.
16. Copyright notice
Unless this proves to be impossible, the customer must equip each image used in the specified publication with a copyright notice. This notice must always be reproduced in the following format: "[name of the collection the artwork belongs to] © Lukas- Art in Flanders vzw, photo: (photographer’s name)”
Inclusion of this copyright notice is an essential condition.
In the event of full or partial failure to comply with this condition, an inclusive compensation of double the invoiced sum shall be payable by law without prior warning of default, without prejudice to Lukas’ right to prove and demand higher compensation with all legal means.
The customer acknowledges that the information provided to him by Lukas (e.g. relating to prices, technical aspects of digital image processing, marketing, etc.) is a valuable and crucial part of Lukas’ business process, including diversification from competing databases. As a result, the customer is bound to safeguard the confidentiality of this information, except where prior written approval is awarded.
18. Limited liability
Lukas is not liable for loss caused by or related to use of an Image.
In cases where Lukas must pay compensation, the amount of the compensation will never be higher than the invoiced sum for use of the relevant images.
19. Failure to comply with conditions
In the event of full or partial non-compliance Lukas reserves the right to stop further deliveries. Lukas also reserves the right to demand compliance with the agreement or to view this as dissolved in its entirety or for the non-executed portion by law and without prior warning of default.
Except where specified otherwise, the loss incurred by Lukas amounts to at minimum 50% of the value of the order or the non-fulfilled portion of it. Payment of this claim is owed by law and without prior warning of default, on the understanding that Lukas retains the right to prove its real loss with all legal means if it is higher.
20. Force majeure – change in the customer’s legal status
Lukas reserves the right to terminate the agreement, without the possibility of compensation being demanded, when Lukas is unable to execute the agreement due to force majeure, a strike, lock-out, etc.
Lukas reserves the right to view the agreement as dissolved by law without prior notice in the event of the customer’s insolvency, evident incapacity to pay, as well as any change in his/her legal status.
21. Applicable law/Jurisdiction
The applicable law is Belgian law. All disputes that arise from or relating to this agreement will be submitted to the courts and tribunals of the judicial arrondissement of Ghent.