GENERAL TERMS AND CONDITIONS WEBSITE GWENNY EECKELS
By accessing and using the website, you expressly agree to the following terms and conditions.

Intellectual property rights
The contents of this site, including trademarks, logos, drawings, data, product or company names, texts, images, etc., are protected by intellectual rights and belong to GEKCO BV or entitled third parties.

Limitation of Liability
The information on the website is of a general nature. The information is not adapted to personal or specific circumstances and therefore cannot be considered as personal, professional or legal advice to the user.

GEKCO BV makes great efforts so that the information made available is complete, correct, accurate and updated.
Despite these efforts inaccuracies may occur in the provided information.
If the provided information contains inaccuracies or if certain information on or via the site is unavailable, GEKCO BV will make every effort to rectify this as soon as possible.
However, GEKCO BV cannot be held liable for direct or indirect damages resulting from the use of the information on this site.
If you would find inaccuracies in the information made available through the site, please contact the site administrator.

The content of the site (including links) may be modified, changed or supplemented at any time without notice or notification. GEKCO BV gives no guarantees for the proper functioning of the website and cannot be held liable in any way for a bad functioning or temporary (un)availability of the website or for any form of damage, direct or indirect, which would result from the access to or use of the website.
GEKCO BV shall in no event be liable to anyone, directly or indirectly, specifically or otherwise, for damages due to the use of this site or any other, particularly as a result of links or hyperlinks, including, without limitation, any losses, work interruptions, damage to programs or other data on the computer system, equipment, software or other of the user.

The website may contain hyperlinks to third-party websites or pages, or refer to them indirectly. The inclusion of links to these websites or pages in no way implies an implicit approval of their content.
GEKCO BV expressly declares that it has no control over the content or other characteristics of these websites and cannot in any case be held liable for their content or characteristics or for any other form of damage resulting from their use.

Applicable law and competent courts
Belgian law applies to this site. In case of a dispute, only the courts of the district of Hasselt have jurisdiction.

PRIVACY POLICY
GEKCO BV processes personal data in accordance with this privacy statement. For further information, questions or comments regarding our privacy policy, please contact us at studio@gwennyeeckels.com

Processing purposes
GEKCO BV collects and processes customers’ personal data for customer and order management (including customer administration, order/delivery tracking, invoicing, solvency tracking, profiling and sending marketing and personalized advertising).

Legal ground(s) for processing (delete or indicate as appropriate)
Personal data are processed on the basis of Article 6.1. [(a) consent,] [(b) (necessary for the performance of a contract),] [(c) (necessary to comply with a legal obligation)], [(f) (necessary for the protection of our legitimate interests to undertake)] of the General Data Protection Regulation.
[Insofar as the processing of personal data takes place on the basis of Article 6.1. a) (consent), the customer always has the right to withdraw the consent given].

Transfer to third parties
If necessary to achieve the purposes set forth, the customer’s personal data will be shared with other companies (of the GEKCO BV group) within the European Economic Area that are directly or indirectly affiliated with GEKCO BV or with any other partner of GEKCO BV.
GEKCO BV guarantees that these recipients will take the necessary technical and organizational measures to protect the personal data.

GENERAL TERMS AND CONDITIONS OF PHOTOSHOOTS GWENNY EECKELS
Gekco hereinafter referred to as ”Gwenny Eeckels”

The client : the natural or legal person who hires or uses the services of “Gwenny Eeckels” in order to perform a creation in his name and his order.

The following provisions apply to all our services (photography, web design, services, rental, provision etc. ) including agreements.

The performances and services provided for photography are always an obligation of effort, but an obligation of result.

Photos are delivered at the premises where “Gwenny Eeckels” conducts his business. Sent photos are at the client’s risk from the moment of shipment.

If no delivery time has been agreed, it shall be reasonably determined by “Gwenny Eeckels”. If “Gwenny Eeckels” and the client agree on an early delivery time, “Gwenny Eeckels” is entitled to increase the originally agreed fee by at least 50%

Photographs remain the property of “Gwenny Eeckels”. The client only has the right to transfer ownership if this has been expressly agreed, or it appears from the nature of the agreement. Unless otherwise agreed, the client has no right to transfer original recording material, or duplicates thereof. Ownership of the photographs shall in any case remain with “Gwenny Eeckels” and no use of the photographic work in any way whatsoever is permitted, as long as the client has not yet fulfilled any obligation arising from any agreement with “Gwenny Eeckels”.

If permission to use a photographic work is granted, this includes only the right to one single use, in unaltered form, for a purpose, circulation and manner as the parties had in mind when entering into the agreement. If permission is given for use in electronic or other forms of image manipulation, the result can only be used after express permission from “Gwenny Eeckels”. In the absence of a specifically agreed method of publication and/or defined purpose and/or defined circulation, only those powers are deemed to have been given, which necessarily result from the nature and scope of the agreement.

Any use of a photograph that has not been agreed upon shall be considered an infringement of the copyright of “Gwenny Eeckels”. In case of infringement, “Gwenny Eeckels” shall be entitled, without for the rest losing any right, including the right to damages, to a compensation amounting to at least three times the usual compensation for such form of use, with a minimum of 1,000 euros.

The name of “Gwenny Eeckels” must be clearly stated with a Photo used, or included with a reference to the Photo in the publication. Unless otherwise agreed upon. In case of non-compliance with this condition, “Gwenny Eeckels” shall be entitled to an additional compensation, without otherwise losing any right (including the right to damages), of at least 100% of the amount due for publication rights.

“Gwenny Eeckels” has the right to carry out anything that is not explicitly described in an order at her own technical and creative discretion.

The client is obliged to indemnify “Gwenny Eeckels” against all claims and outgoing from third parties arising from the use, on the one hand, of the software, services and goods provided by “Gwenny Eeckels” and, on the other hand, those provided by the client.

“Gwenny Eeckels” can in no case be held liable for any damage and illegal use of the delivered services / products by the client and nor by third parties

The services and products provided may be used by “Gwenny Eeckels” in our portfolio, presentations, our advertising, website,… ea.

“Gwenny Eeckels” is only liable for proven damages that are the direct and proven result of a shortcoming attributable to “Gwenny Eeckels”. “Gwenny Eeckels” is not liable for other forms of damage such as wrongful use of software, spying, trading loss, lost profits, delay damage, consequential damage. If liability is proven, it is in any case limited to an amount equal to the invoice value excluding VAT for the concrete order and can never exceed the amount for which “Gwenny Eeckels” is insured.

“Gwenny Eeckels” is also not liable when a creation, photo shoot, composition or exhibition cannot take place as agreed with the client due to a case of force majeure. For the non-performance or errors, including intentional and serious fault, both contractual and extra-contractual, of its client. For any damage caused by third parties or the negligence of the principal, participants or third parties. For damage to the equipment provided by the principal. For the injuries, due to any accident or accident of the participants occurred during the participation in the production. For theft or damage to any rented materials. For damages resulting from the use of information technology and modern means of communication. This list is not exhaustive

Damage caused by the participants and third parties in any way is at the client’s expense.

In case of cancellation of an order, “Gwenny Eeckels” is entitled to the agreed compensation, less the costs not yet incurred.

In the event of non-payment or only partial payment on the due date, default interest of 12% on the outstanding amount shall be due ipso jure and without notice of default. Failure to settle within the 31st after the due date shall also give rise, ipso jure and without notice of default, to a right to compensation, whereby the unpaid amount shall be increased by a lump sum of 12%, with a minimum of €25. All this also applies if periods of grace are granted or granted. This increase is justified because of the burden, difficulty, cost of correspondence, loss of time, accounting difficulties and lack concerning the non-paid amount.

Moreover, in case of default, prohibition to use the delivered service product can be given. This prohibition of use cannot give rise to any damages.

Invoices regarding services are payable within 30 calendar days of the invoice date, unless otherwise agreed upon or otherwise stated on the invoice.

The client accepts the billing terms and conditions of “Gwenny Eeckels”

All protests or disagreements must be sent promptly by registered mail within 8 business days of receipt of the invoice.

In the event of a dispute, both parties will consult to the best of their ability to resolve the impending situation.

For all disputes only the courts of the district of Hasselt have jurisdiction, without prejudice to the right of “Gwenny Eeckels” to bring the case before a court otherwise competent.

GENERAL TERMS AND CONDITIONS WEBSHOP GWENNY EECKELS
General terms and conditions
The e-commerce website of Gwenny Eeckels, a BV with registered office at Biesdelle 58, 3980 Tessenderlo , VAT BE 0864 176 265, RPR Hasselt, (hereinafter ‘Gwenny Eeckels‘) offers its customers the opportunity to purchase the products from its webshop online.

These General Terms and Conditions (“Terms”) apply to every order placed by a visitor of this e-commerce website (“Customer”). By placing an order through the web shop of Gwenny Eeckels, the Customer must expressly accept these Terms, thereby agreeing to the applicability of these Terms to the exclusion of all other terms and conditions. Additional terms and conditions of the Customer are excluded, unless they have been previously, explicitly, and in writing accepted by Gwenny Eeckels.

Price
All prices stated are expressed in EURO, always including VAT and all other taxes or duties to be borne by the Customer. If delivery, reservation or administrative costs are charged, this will be stated separately.

The price indication applies exclusively to the items as they are described in words. The accompanying photos are intended for decorative purposes and may contain elements that are not included in the price.

Offer
The price indication applies exclusively to the items as they are described in words. The accompanying photos are intended for decorative purposes and may contain elements that are not included in the price. Gwenny Eeckels not. Gwenny Eeckels is, as far as the accuracy and completeness of the offered information is concerned, only bound to an obligation of means. Gwenny Eeckels is in no case liable in case of manifest material errors, typesetting or printing errors.

If the Customer has specific questions about, for example, sizes, color, availability, delivery time, or delivery method, we request that the Customer contact us in advance via email at hello@gwennyeeckels.com.

The offer is always valid while supplies last and may be modified or withdrawn by Gwenny Eeckels at any time. Gwenny Eeckels cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.

Online purchases

• Step 1 – Choose your product
• Step 2 – Review the details
• Step 3 – Add to cart
• Step 4 – Go to cart and check your order
• Step 5 – Proceed to checkout
• Step 6 – Enter your shipping and billing information.
• Step 7 – Choose your payment method
• Step 8 – Place your order
• Step 9 – Receive your order

The Customer has the choice between the following payment methods

● via Stripe – bank cards (Bankcontact, iDeal), credit cards (Visa and mastercard), Pay Pal
● via SumUp
● via bank transfer to account number BE15 7330 4629 8830

Gwenny Eeckels is entitled to refuse an order pursuant to a serious default by the Customer with respect to orders involving the Customer.

Delivery and execution of the agreement
When you place an order through our website, you will immediately receive a confirmation email with a summary of the products ordered. We will process your order as soon as possible. Once payment is received, we will begin preparations for shipping your fine art print(s). If it is a limited edition, you will also receive a certificate of authenticity.

After placing your order, you will receive a confirmation email with all relevant details. We will ensure that your fine art print is carefully produced and packaged. This may take a few days, depending on the complexity and type of print you ordered. Once your order is ready to ship, you will receive an email with a tracking number so you can track the progress of your delivery. Your print will be securely packaged to ensure it arrives to you undamaged.

Delivery Time
Delivery time varies depending on the product, your location and product availability. Below are estimated delivery times:
Products in stock

• Within Belgium: 20 working days.
• Netherlands, France, Germany: 30 working days.

Customized products

• Within Belgium: 30 working days.
• Netherlands, France, Germany: 40 working days.

Please note that these delivery times are indicative and delays may occur due to circumstances beyond our control, such as customs inspections or carrier delays.

Delivery cost
The delivery cost is calculated based on your location and the size of the fine art print. The cost is automatically calculated and displayed during the checkout process. Below is an indication of the delivery costs:

All orders on our website are shipped safely and quickly with our reliable partners DPD or UPS. Once your order is processed and shipped, you will receive a tracking number that allows you to follow your package until it is delivered to you. Our partnership with DPD and UPS ensures that your fine art print arrives to you in perfect condition no matter where you are.

Any visible damage and/or qualitative deficiency of an item or other shortcoming in delivery must be reported by the Customer to Gwenny Eeckels without delay.

Risk for loss or damage passes to the Customer as soon as he (or a third party designated by him, who is not the carrier) has taken physical possession of the goods. However, risk already passes to the Customer upon delivery to the carrier, if the carrier has been instructed by the Customer to transport the goods and this choice had not been offered by the Gwenny Eeckels.

Retention of title
The delivered items remain the exclusive property of Gwenny Eeckels.

The Customer undertakes to draw the attention of third parties to Gwenny Eeckels ‘ retention of title if necessary, e.g. to any person who would come to seize items that have not yet been paid for in full.

Right of Withdrawal
The Customer cannot exercise the right of withdrawal for:
In Belgium, as in the rest of the European Union, there is a right of withdrawal for consumers for online purchases. This right is established in the Code of Economic Law (Book VI – Market Practices and Consumer Protection). According to Article VI.53 of the Code of Economic Law, there are certain exceptions to this right of withdrawal. One of these exceptions concerns at custom made or personalized products.
De wet stelt dat het herroepingsrecht niet van toepassing is op overeenkomsten betreffende de levering van goederen die volgens de specificaties van de consument zijn vervaardigd of die duidelijk voor een specifieke persoon bestemd zijn.
Dit betekent dat als een product speciaal voor de klant wordt gemaakt of gepersonaliseerd, de consument geen beroep kan doen op het herroepingsrecht om de koop te annuleren of het product te retourneren.

Service agreements after the full performance of the service.

Warranty
Pursuant to article 1649quater of the old Civil Code, the consumer has legal rights. This legal warranty is two years and applies from the date of delivery to the first owner. Any commercial warranty does not affect these rights.

To invoke the warranty, the Customer must be able to provide proof of purchase. Customers are advised to keep the original packaging of the goods.

For items purchased online and delivered to the Customer’s home, the Customer should contact Gwenny Eeckels at hello@gwennyeeckels.com and return the item to Gwenny Eeckels.

If a defect is detected, the Customer must inform Gwenny Eeckels as soon as possible.
In any case, any defect must be reported by the Customer within a period of 2 months after its detection.
Thereafter, any right to repair or replacement shall lapse.

The warranty (commercial and/or legal) never applies to defects caused by accidents, neglect, falls, use of the item contrary to purpose for which it was designed, failure to comply with the instructions for use or manual, modifications or alterations to the item, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.

Customer Service
Customer service of Gwenny Eeckels can be reached at the telephone number +32 477 60 01 60, by e-mail at hello@gwennyeeckels.com or by mail at the following address Biesdelle 58, 3980 Tessenderlo.
Any complaints can be addressed to.

Penalties for non-payment
Unless expressly agreed otherwise in writing, the invoice is payable in cash. In the event of non-payment of all or part of the price, the provisions of Book XIX of the Economic Code shall apply, and the seller shall send the customer a free reminder to pay the amount due within 14 calendar days. If the customer does not pay within this period, the outstanding amount shall be increased by an annual interest calculated at the reference interest rate increased by eight percentage points referred to in Article 5, second paragraph, of the Law of August 2, 2002 on combating late payment in commercial transactions calculated from the calendar day following the day on which the free reminder was sent to the customer, as well as by a lump-sum compensation of:

(a) 20 euros if the balance due is less than or equal to 150 euros;
(b) 30 euros plus 10% of the amount due on the tranche between 150.01 and 500 euros if the balance due is between 150.01 and 500 euros;
(c) 65 euros plus 5% of the amount due on the tranche above 500 euros with a maximum of 2000 euros if the balance due is above 500 euros.
Without prejudice to the foregoing, Gwenny Eeckels reserves the right to take back items that have not been paid for (in full).

Privacy
Data Controller, GEKCO BV, respects the General Data Protection Regulation and the Belgian Privacy Act of July 30, 2018.

The personal data provided by you will only be used for the following purposes: [specifying the purposes for which the data are processed, such as e.g. the performance of the concluded agreement, processing the order, sending newsletters, advertising and/or marketing purposes].
The legal grounds are: [legal grounds on the basis of which you process the data, i.e. performance of the contract, consent, fulfillment of legal and regulatory obligations and/or legitimate interest the company].

You have a legal right to access and possibly correct, supplement or delete your personal data. You may also ask to restrict the processing of your personal data in a number of cases listed in the AVG. You may also oppose the processing of your personal data if you have serious and legitimate reasons for doing so that override our need to process your data. Via a written, dated and signed request to GEKCO BV, Biesdelle 58, 3980 Tessenderlo, studio@gwennyeeckels.com, you may request your personal data in digital and readable form free of charge and/or have it transferred to other controllers. To the extent that our processing is based on your prior consent, you have the right to withdraw such consent.

In case of use of data for direct marketing: You can oppose the use of your data for direct marketing free of charge and do not need to provide a reason.

To exercise your rights, please contact GEKCO BV, Biesdelle 58, 3980 Tessenderlo, studio@gwennyeeckels.com.
We treat your data as confidential information and will not transfer, rent or sell it to third parties.
For more information, please see our Privacy Policy.

Use of cookies
Our Website uses cookies and similar technologies.
This helps us to provide you with a better user experience when you visit our Website and also allows us to optimize our Website.
Without your prior consent, we only set the purely functional cookies that are necessary for our Website to work correctly.
For all other cookies, we ask your permission first.

For an overview of all cookies our website places on your device, please see our Cookie Policy.

On your first visit to our website, you will be asked to accept our cookies.
You can manage your choices at any time thereafter.

You can set your Internet browser so that cookies are not accepted, that you receive a warning when a cookie is installed or that the cookies are subsequently deleted from your hard drive.
You can do this through the settings of your browser (via the help function).
Keep in mind that certain graphics may not appear correctly, or that you may not be able to use certain applications.

Impairment of validity – non-derogation
If any provision of these Terms and Conditions is declared invalid, illegal or null and void, it shall in no way affect the validity, legality and applicability of the other provisions.

The omission at any time by In Belgium, as in the rest of the European Union, there is a right of withdrawal for consumers for online purchases.
This right is established in the Code of Economic Law (Book VI – Market Practices and Consumer Protection).
According to Article VI.53 of the Code of Economic Law, there are certain exceptions to this right of withdrawal.
One of these exceptions concerns customized or personalized products.
The law states that the right of withdrawal does not apply to contracts for the supply of goods made to the consumer’s specifications or clearly intended for a specific person.
This means that if a product is specially made or personalized for the customer, the consumer cannot invoke the right of withdrawal to cancel the purchase or return the product. to enforce any of the rights enumerated in these Terms, or exercise any right hereunder, shall never be deemed a waiver of such provision and shall never affect the validity of such rights.

Modification of Terms
These Conditions are supplemented by other conditions expressly referred to, and the general conditions of sale of GEKCO BV.
Ingeval van tegenstrijdigheid, primeren onderhavige Voorwaarden.

Proof
The Customer accepts that electronic communications and backups may serve as evidence.

Applicable law – Disputes
Belgian law applies, with the exception of the provisions of international private law on applicable law.

The courts of the Consumer’s domicile have jurisdiction in the event of legal disputes. The Consumer can also turn to the ODR platform(http://ec.europa.eu/consumers/odr/).

PRIVACY POLICY
GEKCO BV processes personal data in accordance with this privacy statement. For further information, questions or comments regarding our privacy policy, please contact us at studio@gwennyeeckels.com

Processing purposes
GEKCO BV collects and processes customers’ personal data for customer and order management (including customer administration, order/delivery tracking, invoicing, solvency tracking, profiling and sending marketing and personalized advertising).

Legal ground(s) for processing (delete or indicate as appropriate)
Personal data are processed on the basis of Article 6.1. [(a) consent,] [(b) (necessary for the performance of a contract),] [(c) (necessary to comply with a legal obligation)], [(f) (necessary for the protection of our legitimate interests to conduct business)] of the General Data Protection Regulation.
[To the extent that the processing of personal data takes place on the basis of Article 6.1. a) (consent), the customer always has the right to withdraw the consent given].

Transfer to third parties
If necessary to achieve the purposes stated, the customer’s personal data will be shared with other companies (of the GEKCO BV group) within the European Economic Area that are directly or indirectly affiliated with GEKCO BV or with any other partner of GEKCO BV.
GEKCO BV guarantees that these recipients will take the necessary technical and organizational measures to protect the personal data.

Retention period
We only retain your personal data for as long as is necessary for the purposes for which it is collected and processed, in accordance with Article 6.1 of the General Data Protection Regulation (GDPR).

Legal Obligations
If a longer retention period is required by law, we will retain your data for that legal period. In all cases, we will ensure that the retention period is proportionate to the need and that the data is retained only to the extent necessary to fulfill our legal obligations.

Specific Retention Periods
1. For Contractual Purposes: Personal data will be kept for the duration of the contract and for up to 15 years after the termination of the contract for any legal claims or follow-up.
2. For marketing purposes: Personal data will be kept until you withdraw your consent or indicate that you no longer wish to receive marketing messages. If you withdraw your consent, your data will be deleted within 2 months.
3. For accounting purposes: Data are kept in accordance with the legal requirement of 15 years after the close of the financial year.

Deletion of Data
After the expiration of the applicable retention periods, your personal data will be deleted or anonymized so that it can no longer be linked to you.

Right to Delete
You have the right at any time to request us to delete your personal data earlier in accordance with Article 17 of the AVG. We will evaluate and implement your request in accordance with the legal provisions and within the time limits set by law.

COOKIES
During a visit to the site, “cookies” may be placed on your computer’s hard drive. A cookie is a text file that is placed by a website’s server in your computer’s browser or on your mobile device when you consult a website. Cookies cannot be used to identify individuals; a cookie can only identify a machine.

‘First party cookies’ are technical cookies used by the site visited itself and whose purpose is to allow the site to function optimally. Example: settings made by the user during previous visits to the site, or even: a pre-filled form with data entered by the user during previous visits.
‘Third Party cookies’ are cookies that do not come from the website itself, but rather from third parties, for example a marketing or advertising plug-in present. For example, cookies from Facebook or Google Analytics. For such cookies, the site visitor must first give permission – this can be done via a bar at the bottom or top of the website, referring to this policy, which however does not prevent further browsing of the website].

You can set your Internet browser so that cookies are not accepted, that you receive a warning when a cookie is installed or that the cookies are subsequently deleted from your hard drive. You can do this through the settings of your browser (via the help function). Keep in mind that certain graphical elements may not appear correctly, or that you will not be able to use certain applications.

By using our website, you agree to our use of cookies.

Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses cookies (text files placed on your computer) to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google uses this information to track how you use the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may provide this information to third parties if Google is legally required to do so, or to the extent that these third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. Please note, however, that in this case you may not be able to use all the features of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.