Terms and Conditions of Purchase 2021 (short version at checkout)
Obtain a Purchase Contract for Fine art here
Please accept this short version before Placing your Order.
Terms and Conditions (Full) to be sent to you by Email upon request, for you to print and return to us by Email or Land mail, duly named, dated and signed by the buyer, before the Purchase can be completed.
Read the short Terms and Conditions below first. Make sure your read the Terms and Conditions that apply to the specific items types (Photographs and/or Paintings) that you wish to Order. Accept the Terms and Conditions before Placing your Order.
My intention is to purchase a Photograph (as a digital item).
1 of 5. I will agree to the Terms and Conditions of Purchase prior to ordering the photograph(s) online. If not accessible online, I will request the Full Terms and Conditions of Purchase document, read it, and return it (dated and signed) to the seller (Prosper Jerominus), before the purchase is effective and before the item(s) is (are) delivered.
2 of 5. I understand that Photographs can be ordered, purchased and delivered either online from the webshop from ‘kinokast.org’ (as a ’Digital product’) and/or delivered physically (as a ’Physical product’, in the form of High Quality Print) only after special request and Full payment of the extra service. The Physical product can be Shipped or delivered in a personal appointment with the seller, at the ATELIER PROSPER’s physical address and after full payment is completed (including your Country’s local VAT). The due Invoices are given upon delivery AND via Email and act as Proof of purchase. Refund or Return of items is not possible after the online Purchase order AND payment(s) are completed.
3 of 5. I agree that the purchased Photographs can be delivered in digital AND physical form (No shipping without extra appointment and costs covered by the buyer in front). Photographs are sold ‘As is’ (the digital image is only an online representation, and no claim can be made as to the exact visual, digital representation of any photograph, digital nor physical).
4 of 5. In case of a physical Final Delivery I understand that I need to have an personal Appointment with the seller for at the address and time provided by the seller.
5 of 5. I agree to Sending the following information to the Seller so that the Purchase Order can take place.
I agree to all of the above, before purchasing photographs.
My intention is to purchase a Painting (as a physical item).
1 of 5. I will agree to the Terms and Conditions of Purchase prior to ordering the painting(s) online. If not accessible online, I will request the Full Terms and Conditions of Purchase document including the Purchase Contract, read it, and return it (dated and signed) to the seller (Prosper Jerominus), before the purchase is effective and before the item(s) is (are) delivered.
2 of 5. I understand that Paintings are ordered here, online, at the webshop from ‘kinokast.org’, but are not shipped to the Buyer unless mentioned otherwise in the Purchase Contract. Paintings are ordered and purchased online but exclusively delivered physically in a personal appointment with the seller at the ATELIER PROSPER’s physical address after full payment is completed (including all per Purchase Country’s relevant VAT GST Taxes). The due Invoices are given upon delivery and/or via Email and act as Proof of purchase. Refund or Return of items is not possible after the online Purchase order OR payment(s) are completed.
3 of 5. I agree that Unique purchased Paintings are delivered in physical form ONLY (No shipping). Paintings are sold ‘As is’ (the digital image is only a representation, and no claim can be made as to the exact visual, digital representation of any painting).
4 of 5. I understand that I need to have an Appointment with the seller for Delivery at the address and time provided by the seller.
5 of 5. I agree to Sending the following information and the Purchase Contract accurately named, dated and signed to the Seller by Land mail AND email so that the Purchase Order can take place.
I agree to all of the above before purchasing paintings.
Disclaimer - Legal Notice
Regarding the rights of art buyers to present, publish, or display works of art photography, fine art or video offered on kinokast.photography by Prosper Jerominus (hereafter called ‘the seller’) either in physical or digital form.
In most countries but not in all, objects, not limited to buildings, art and other visual artefacts are free from rights when accessible within the public domain (eg. to be seen permanently and standing in place and/or accessed from within the public domain). Therefore they may be shown or depicted in part or whole in the art photography (or ‘work of art’) either in concrete, recognisable depiction or in an abstract form or interpretation.
The artist Prosper Jerominus (aka Jérôme Bertrand) retains all author rights and copyright to the art work (photography | art | video) presented on the website kinokast.photography, unless specifically mentioned otherwise, for example in the case of co-authorship or a participating guest artist or author.
An original art photography depicting objects, buildings, people or art that may or may not fully belong to other rights holders (such as when photos of architecture may in some rare case carry rights held by the architect alone), proper permission is demanded by the seller to and must be contracted and acquired by the buyer(s) prior to any of the said art photography piece effectively being legally sold or in any way transferred to the buyer(s).
Omission, mistakes or faulty information about the seller’s art work (including the rights mentioned) offered at any moment of sale will not make the seller responsible for the possible infringement of any right nor will it make any claim of buyer’s refund or otherwise monetary reparation to any third party eligible.
Prosper Jerominus (the seller) does not accept any responsibility for any kind of infringement regarding the rights of former or unknown rights holders, and will likewise not sell nor resell those or any other rights knowingly to third parties (the buyer).
The buyer(s) must make sure and establish with verifiable certainty and communicate to kinokast with proof when asked of their duly held rights to present, publish, otherwise display in any fashion, time or location such artistic depiction as to the seller’s photographic and artistic impressions in prints, works of art etc., depicting any object not limited to buildings, images, pieces of art, people or any parts thereof.
All litigation handled by Court of Law, Amsterdam, The Netherlands.
Please read the Terms and Conditions (short version) and Disclaimer above. Please Accept to all before Placing your Order.