Terms of service
General Terms and Conditions of Sale and Payment
Bram His Film Lab
Van Humboldtstraat 37, 3514GL Utrecht, The Netherlands
KVK: 87271672
VAT: NL004386803B77
Bank: NL26 KNAB 0775 8540 34
Email: hello@bramhisfilmlab.nl
Website: www.bramhisfilmlab.nl
Article 1 – Definitions
Consumer: A natural person who is not acting for purposes related to their trade, business, craft, or profession.
Entrepreneur: Bram His Film Lab, based in Utrecht, hereinafter referred to as “the Entrepreneur.”
Agreement: Any arrangement between the Entrepreneur and the Consumer relating to the sale, assignment, rental, or provision of goods or services.
Distance Agreement: An agreement concluded via a system organized by the Entrepreneur without the physical presence of the parties.
Product: Analog photography equipment, film development, repairs, and other related goods and services offered by the Entrepreneur.
Article 2 – Applicability
These terms and conditions apply to all offers, deliveries, and agreements between the Entrepreneur and the Consumer.
Any deviations are only valid if confirmed in writing by both parties.
Article 3 – Formation of the Agreement
All offers are non-binding unless explicitly stated otherwise.
An agreement is concluded once the Consumer accepts the offer, preferably confirmed in writing or electronically.
Article 4 – Prices and Payment
All prices are agreed upon in advance and include VAT unless stated otherwise.
Invoices must be paid within 14 days of the invoice date to the bank account specified above.
In case of late payment, interest of 1.5% per month will be charged, plus a collection fee of 15% of the outstanding amount (minimum €75).
The Entrepreneur reserves the right to request an advance payment of up to 30% of the total amount.
Article 4a – Right of Withdrawal for Distance Purchases
For purchases made through the webshop, the Consumer has the legal right to withdraw from the agreement within 14 days of receiving the product, without providing any reason.
Exceptions to the right of withdrawal apply to:
a. Developed film, scans, or prints;
b. Custom-made or personalized products;
c. Sealed items which are not suitable for return for hygiene reasons once the seal has been broken (such as unopened film rolls).
If the Consumer exercises their right of withdrawal, the direct costs of returning the product are at their own expense.
Article 4b – Reminders and Administrative Fees
If the Consumer fails to meet the payment deadline, the Entrepreneur may charge €10 per reminder for administrative costs.
In cases of continued non-payment, the Entrepreneur reserves the right to transfer the claim to a debt collection agency. All judicial and extrajudicial costs incurred will be charged to the Consumer.
Article 5 – Delivery, Lead Time, and Risk
Delivery takes place upon the transfer of the product to the Consumer.
Delivery times are indicative unless otherwise agreed in writing.
When collecting developed or repaired items, the Consumer must present proof of receipt.
Article 5a – Shipping Costs and Loss During Transport
Shipping costs are clearly communicated before the conclusion of the agreement.
The Entrepreneur bears the shipping risk until delivery to the Consumer.
For returns, the Consumer bears the risk of loss or damage unless otherwise agreed.
Article 6 – Retention of Title
Products remain the property of the Entrepreneur until full payment has been received.
In case of non-payment, the Consumer is required to return the product immediately. Failure to do so may result in a penalty of €100 per day.
Article 7 – Acceptance, Complaints, and Warranty
Upon delivery, the Consumer must verify that the product complies with the agreement.
Warranty terms:
a. Six (6) months for new, unused products in their original packaging.
b. One (1) month for second-hand products or repairs.
Warranty does not apply in cases of improper use, third-party damage, or unauthorized modifications.
Article 8 – Repair Services
If no warranty applies, the Consumer will receive a cost estimate before work begins.
If the total cost exceeds the initial estimate, the Entrepreneur will request prior approval from the Consumer.
Article 9 – Recovery of Repair Costs
If a repaired product is not collected within six (6) months after three reminders (one of which is sent by registered mail), ownership of the item transfers to the Entrepreneur.
Article 10 – Intellectual Property
All intellectual property rights relating to materials or images produced by the Entrepreneur remain the property of the Entrepreneur, unless otherwise agreed in writing.
Article 11 – Liability
The Entrepreneur’s liability is limited to a maximum of €10,000 per agreement or to the insured amount, whichever is lower.
The Entrepreneur is not liable for force majeure, indirect, or consequential damages.
Emotional or immaterial damages are not eligible for compensation.
Article 12 – Liability for Photographic Material
The Entrepreneur is not liable for any damage to or loss of photographic material (including film, slides, or negatives) during development, scanning, or processing.
Note:
The Consumer acknowledges that analog photographic material is often unique and irreplaceable. In the event of loss or damage during processing or transport, the Entrepreneur’s liability is limited to providing replacement film material of comparable quality. Emotional or immaterial damages will not be compensated.
Article 13 – Termination and Suspension
The Entrepreneur reserves the right to suspend or terminate the agreement in case of non-compliance by the Consumer, without any obligation to compensate damages.
Article 14 – Business Customers
These terms and conditions also apply to business customers, unless explicitly stated otherwise.
Business-to-business relationships (resellers, suppliers) are excluded from consumer-specific provisions.
Article 15 – Disputes and Applicable Law
All disputes shall be submitted to the competent court in the Netherlands.
These terms and conditions are governed exclusively by Dutch law.