TERMS and CONDITIONS
Name of company: BV VINTAGE 106 trade name The Timechamber represented by its
directors Hannes Vermost and Philippe Van Doninck
Tel: 03 318 91 05
hereinafter referred to as The Timechamber.
Article 2 – Definitions
The contract concluded remotely between the Company and the Customer for the
purchase of Products or Services via the Website. The Agreement is governed by these
general terms and conditions.
craft or profession and who purchases or may purchase Products through the Website.
Offer: Offering Products or Services via the Website. The Offer is governed by these terms
and conditions.
purchase on the Website.
Website: The website https://www.thetimechamber.be/
These general terms and conditions apply to every Offering of the Company and to all
Agreements.
These general terms and conditions are made available to the Customer before the
conclusion of the Agreement with the Customer.
These general terms and conditions will, at least before the conclusion of the Agreement,
be made available to the Customer in a manner that will enable the Customer to keep the
general terms and conditions on a durable electronic data carrier.
4.1.
The Agreement is concluded as soon as the Client has accepted the Offer and the general
terms and conditions.
The Agreement and the general terms and conditions remain in force until all obligations
have been performed.
The prices of the Products are the prices indicated on the Website at the time the
Customer places an order.
All prices include VAT at the current rate in force in the Customer’s country of residence.
All prices of the Products are exclusive of delivery costs, unless otherwise indicated. The
delivery costs will be communicated to the Client at the time of ordering. The delivery
costs will depend on the country to which the Products are to be shipped.
Before placing an order, the total price, including all fees and taxes, will be available to the
Customer and will be stated.
The Customer may pay for the Products or Services using the following means of payment:
Credit card or debit card as indicated in the webshop.
The Client must pay at the time of placing the order for the Products or Services, or at the
time of booking a studio.
If the Client pays by bank transfer, the Timechamber will start processing the order from
the moment of receipt of the full payment, and the reservation of the service will be final
from the same moment. If The Timechamber does not receive full payment within 3
working days after receipt of the order, The Timechamber has the right to automatically
cancel the order or to provide the reserved studio or reserved service to others.
The Timechamber undertakes to deliver the Products within a period of 30 days after full
receipt of payment, unless a different delivery date is agreed between the Timechamber
and the Client at the time the Agreement is concluded.
Timechamber undertakes to inform the Client of this in writing. The Client will then give the
Timechamber a new, reasonable delivery period. If the Timechamber exceeds the deadline
again, the Client has the right to cancel the order.
The Customer will receive a confirmation via e-mail as soon as the order leaves the
Timechamber. The confirmation contains the description of the product, the total price and
the expected delivery time.
The Timechamber will deliver the order to the address provided by the Client to the
Timechamber during the purchase process.
If no one is available at the Customer’s address at the time of delivery, the Customer must
follow the instructions of the delivery service in charge of the delivery of the order.
The Timechamber reserves the right to make partial deliveries of the ordered Products, for
example if part of the order is delayed or unavailable. In case of partial delivery, the
Timechamber will inform the Client.
Upon delivery/collection, the Customer must check the packaging for any damage. If the
Products are damaged, the Client may not accept the delivery and must inform the
Timechamber immediately and at the latest within a period of 48 hours. Upon notification,
the Timechamber will provide the Client with the necessary instructions regarding the
damaged Products.
Article 8 – Right to cancel an order for Products before delivery
8.1.
The Customer has the right to cancel the order without giving a reason and without costs before the shipment of the order.
8.2.
The Customer may cancel the order by sending an e-mail to shoot@thetimechamber.be.
After cancellation of the order, the Client will receive confirmation of the cancellation by sending an email to the email address provided or via the Client’s account on the Website, etc.) and the Timechamber will refund the amounts already paid to the credit or debit card used by the Customer to pay.
8.3.
Upon receipt of confirmation that the Products have left the Timechamber (in accordance with clause 7.2.), the Customer may no longer cancel the order.
8.4.
If it was not possible to cancel the order, the Products will be delivered and the Customer may return the Product in accordance with the procedure described in clause 9.
Article 9 – Right of withdrawal and refund
9.1.
The Customer has a legal right to withdraw from the Agreement during the period set out in clause 9.2. This means that the Customer may decide not to keep the Products for the period in question. The Client must inform the Timechamber of its decision to withdraw from the Agreement and receive a refund. The Customer does not have to give a reason for the withdrawal.
9.2.
The Customer has fourteen (14) days to withdraw from the Agreement. The starting point of the period to exercise the right of withdrawal may vary. The following rules apply:
- a) If the delivery is a single Product, the period starts the day after receipt of the Product by the Customer.
- b) If the delivery relates to several Products that are delivered on separate days, the period starts the day after the Customer has received the last Product ordered.
- c) If the delivery relates to a Product over a certain period of time, the period shall begin on the day following the day on which the Customer has received the first delivery of the Products.
If the Timechamber has not provided the Client with the legally required information regarding the Client’s right of withdrawal, the Client shall have twelve (12) months to withdraw from the Agreement from the day after the end of the above-mentioned initial period of fourteen (14) days. If the Timechamber has provided the Client with the legally required information regarding the Client’s right of withdrawal within the aforementioned period of twelve (12) months, the Client shall have fourteen (14) days to withdraw from the Agreement from the day after the Client has received the information from the Timechamber.
9.3.
The Client may only withdraw from the Contract if the Products have not been used and are provided with their original packaging.
9.4.
If the Client decides to withdraw from the Agreement, the Client must inform the Timechamber thereof by filling in the model form in Appendix 1 to these general terms and conditions or by sending an e-mail to shoot@thetimechamber.be unequivocally stating that it wishes to withdraw from the Agreement).
The Customer must return the Products to the Timechamber without undue delay and in any event no later than fourteen days after sending the notice of withdrawal to the Timechamber. The Products must be sent to the Timechamber in the same manner as the Customer received the Products;
The Customer receives the return label via email or can access the return label via their personal profile on the Website, etc. The return label must be affixed to the packaging of the Products that the Customer wishes to return.
9.5.
All costs for returning the Products will be paid by the Customer.
9.6.
In case of withdrawal:
a)
the Timechamber will refund the amounts already paid by the Client for the Products upon receipt of the Products. However, The Timechamber may reduce the refund to take into account any decrease in the value of the Products, if this was caused by the fact that the Customer has handled them in a way that would not be allowed in a store.
b)
The Timechamber will make all refunds within a reasonable period of time and at the latest within 3 working days after receipt of the Products.
c)
The Timechamber will refund the Client to the credit or debit card that the Client used to pay.
d)
The Timechamber has the right to refund the Customer with vouchers if the Customer has used vouchers to pay for the Products.
Article 10 – Warranty for Products
10.1.
The Client is entitled to a two-year statutory warranty. The legal warranty covers any defect or lack of conformity of the Products that manifests itself within a period of two years from the date of delivery of the Products.
10.2.
The Client must inform the Timechamber via email of the defective Products within a reasonable period of time after the defect is known or could reasonably have been known by the Client.
10.3.
If a defect occurs within the statutory warranty period of two years, the Customer must follow the procedure set out in clause 9. Upon return of the defective Product, the Timechamber will, at the Customer’s sole discretion, send the Customer a new Product or repair the Product, and we will bear all costs associated with the exchange/repair of the Products. The Product can only be replaced and delivered to the extent that it is still available/in stock at the Timechamber’s suppliers. If the repair or replacement is not possible or cannot be carried out within a reasonable time, the Client shall have the right to terminate the Agreement and the Timechamber shall refund the price in accordance with clause 9.6.
Article 11 – Availability of studios to Customers:
11.1.
The Studios are only made available for image and sound recordings, image and sound productions and related activities. The use for the business directly with the Client’s customers within in the studio, the use for habitation, overnight stay or the holding of events or parties is expressly forbidden. Neither the Commercial Lease Act nor the Residential Lease Act applies. The Client undertakes to maintain the studio made available in good condition and to use it as a prudent and reasonable person, without changing its nature or purpose and returning it in perfect condition at the end of the agreed period of use. Floors must be cleaned by the Client after use of the studio
11.2.
The Client is obliged to take all ordinary measures that can prevent damage to the used Studio’s (e.g. closing the doors, not covering heat sources, not scratching the studio floor with sharp objects, not smoking or making fires inside the premises nor using devices that work on the basis of a flame, not throwing waste in the toilets, close water taps when not in use, do not make holes in the walls, etc.). The Client is liable for theft and damage to the equipment, facilities and building made available, both by himself and by any third parties appointed by him and by all other persons present in the reserved studio during the duration of the provision of the premises.
11.3.
Smoking, as well as the use of illegal drugs is not allowed in the studio and the entire building where the studio is located. However, a specific smoking area is provided outside the building for the Customers. They are also responsible for keeping this place tidy.
11.4.
By booking the Studio and accepting these general terms and conditions, the Client declares that he has the necessary skills for the professional use of the studio used and for the use of the equipment.
11.5.
Without prior written permission from The Timechamber, nothing from the studio may be borrowed or taken by the tenant.
11.6.
It is strictly forbidden to stand on the rounded part of the infinity wall. Repairs and/or painting work on the wall will be charged in full to the Client.
11.7.
The Client is prohibited from changing, renovating or using the rented property for any purpose other than making photo and video recordings without the prior written permission of the landlord. Small works of purely internal arrangement are not covered by this prohibition (e.g. moving furniture or tripods). Any change, carried out with or without the permission of The Timechamber, becomes the property of THE TIMECHAMBER by operation of law and without compensation, which remains free to keep it or to make it disappear.
11.8.
Any damage or removal will be compensated by the Client. For this, The TImechamber will draw up a cost estimate, after which it will be handed over to the user. The Client is free to have a counter-expertise carried out. The Client also agrees to the immediate repair or purchase of new material insofar as these are necessary to guarantee the continuity of the operation of the photo studio. The Client will pay the compensation in full on request. The Customer must compensate 100% for damage and loss, based on replacement value or repair value. Any removal is immediately reported to the police.
111.9.
The studios are made available together with the equipment and equipment present in this studio. The studio made available is located at Oostmalsesteenweg 236/3 | 2520 Ranst in Belgium in a building on an industrial estate that can only be reached via the address mentioned after registration on the spot and after reservation. Use of parking, chill corner, water, coffee and tea kitchen and sanitary facilities (toilet and shower) is allowed and is included in the price.
11.10.
Advance and full payment of the price is made either on site before the start of the use or by prepayment by bank transfer. You must request an invoice when booking or on the day you rent. If the Client needs the photo studio for longer than the reserved period and the photo studio is available in the following hours, the extension must be paid on the spot according to the rate applicable at that time. Cash payment or payment by bank app is possible.
11.11.
The reservation is only final and will therefore only be booked after The Timechamber has received proof of payment of the entire prize.
11.12.
The cancellation of a reservation will only be refunded if it is notified within the period up to 14 calendar days before the day of the reservation. This is not deviated from under any circumstances. In the aforementioned case, the entire rental amount will be refunded by The Timechamber to the account number used by the Client to make the payment for the original booking. The Timechamber bears no responsibility for the inability of the tenant to use the studio effectively.
11.13.
If the Client does not use the studio for the full agreed duration of the rental period, the difference will not be refunded by the Timechamber.
11.14.
A representative of The Timechamber can always be present in the building in which the studios are located, and can supervise the normal use of the studio.
11.15.
The price mentioned includes VAT, and excludes the price for additional services in addition to the mere provision of the studio, if there are, provision for props (50 euros per session incl. VAT.), professional photographer (90 euros per hour), …
11.16.
The provision is limited to the reserved studio(s). Third parties and The Timechamber can use the other studios and the common areas simultaneously.
11.17.
The provision of the studio used to third parties and transfer of the rights and obligations of the agreement without the written consent of The Timechamber is not permitted. Under no circumstances will the Client be able to rely on tacit consent.
11.18.
By signing the General Terms and Conditions, the Client declares that he is in possession of a Civil Liability insurance that covers the damage that may be caused to the studios made available.
Article 12 – Complaints procedure
12.1.
If the Client has any complaints, he can contact the Timechamber via the following e-mail address: shoot@thetimechamber.be GSM: 0498/ 65 57 66
12.2.
The Customer, insofar as he is a consumer, may also submit his complaint to the online dispute resolution platform provided by the European Union, http://ec.europa.eu/odr .
For Belgium, this is the European Consumer Centre, located at 1060 Brussels, Rue du Holland, 13. odr@eccbelgium.be, tel. +3228923712)
Article 13 – Transfer and subcontracting
13.1.
The Timechamber has the right to transfer its rights and obligations under the Agreement to a supplier (e.g. for the delivery of the Product), but this will not affect the rights and obligations under these terms and conditions.
13.2.
If the Customer has purchased a Product as a gift, he may transfer the warranty as stipulated in clause 10 to the recipient of the gift without having to seek the consent of the Timechamber.
Article 14 – Use of personal data
14.1.
The Timechamber uses the Client’s personal data exclusively in accordance with the Privacy Policy on the Website (see Privacy & Cooky Policy).
Article 15 – Force majeure
15.1.
The Timechamber shall not be liable or responsible for the non-performance or delay in the performance of its obligations under the Agreement due to force majeure.
15.2.
In case of Force Majeure:
- the Timechamber will inform the Client of this; and;
- the obligations of the Timechamber under the Agreement will be suspended and the period for the performance of the obligations will be extended for the duration of the Force Majeure event. When the Force Majeure event affects the delivery of the Products, The Timechamber shall arrange a new delivery date with the Customer once the Force Majeure situation has ceased.15.3.
The Client has the right to cancel the Agreement that was affected by a Force Majeure Situation that lasted for more than 3 months. To cancel, contact the Timechamber via email: info@lacollection.be
If the Customer chooses to cancel the Agreement, it must return the Products already received, in accordance with the procedure set out in clauses 9.4-9.6.
Article 16 – Applicable law
16.1.
These terms and conditions are governed by the laws of Belgium. This means that the Contracts for the purchase of Products through our Website and any disputes or claims arising out of or in connection therewith are governed by Belgian law.
Article 17 – Miscellaneous
17.1.
The Timechamber may change these general terms and conditions at any time. The general terms and conditions in force at the time of ordering the Products will apply to the Agreement between the Client and the Timechamber.
17.2.
Without prejudice to the rights and remedies granted to the Customer by applicable law or these terms and conditions, our liability for direct damages shall be limited to the value of the Products ordered.
17.3.
The nullity of any provision or part of a provision under the Agreement shall in no way affect the validity of the remainder of the provision or the remainder of the provisions and clauses.
17.4.
All disputes that may give rise to this contract fall under the exclusive jurisdiction of the Court of Antwerp, Antwerp Division, and the Justice of the Peace of Zandhoven, depending on the value of the dispute. This agreement is exclusively governed by Belgian law