Terms and Conditions of Purchase 2021 (Full version)
Between the parties
The Provider undertakes the procurement, negotiation, and placement of offers made in connection with the Kinokast internet web pages found on the URL http://kinokast.org , alternatively http://kinokast.photography and http://kinokast.photo . Contracts, contract changes, offers, and verbal agreements between Parties are not binding until confirmed in writing by the Provider. Any contract between the Parties is based upon these General Terms and Conditions 2021 (Short and Full versions). In addition to this document which appends a Legal Contract between the parties below, any online purchase on the website includes signing the Terms and Conditions documentation electronically as indicated on the Shop’s Checkout page prior to clicking on Placing the Order/ Proceed to PayPal/ Continue the Payment, and stated in the Terms and Conditions for purchase (short version).
Online Access provides a password-protected key to the Provider’s database.
The following will apply:
Data quantities mentioned in online content/ email/ brochures or other sales literature, in offers, and in order confirmations can vary from quantities actually delivered due to updates made to the database. Claims made on the basis of changes to data quantities cannot be validated.
Access to data or services provided by Kinokast is exclusively for the internal use of the Customer. Sharing of the product in its original form to third parties is forbidden. The processing of delivered data is only allowed in the context of the Customer’s normal business practices. Third parties are people [legal entities] not directly involved with the Customer’s business. Where the product consists of data, this may be used at one or more work places depending on the contractual agreement and the number of acquired licenses. All need reviewing and agreement by the Seller upon a case to case basis.
The Client does not acquire the right of ownership of data or any part thereof, which remain the property of the Seller and/or his sources [associates]. The subscription period begins with delivery of the Access Data and lasts for one year unless otherwise agreed upon. The subscription will be extended automatically for one year unless one of the parties gives written notice to terminate at the latest 90 days before the subscription is due to end. During the subscription period the Seller will make available all updates to the product, or portions thereof, to all customers equally. Updates will be provided through exchange [of relevant materials]. The Seller retains the right to from time to time make changes to, shut down at any time, or repossess the product or any portion thereof. In case of repossession, the Client will be entitled to appropriate credit or refund, or by the substitution for higher-quality product according to the judgment of the Seller.
Release of “Material” and online content
The Seller retains the right, though is not required, to make changes to submitted materials and to undertake changes or corrections – especially in regard to measurements – to the extent required or advisable for optimal presentation. The Customer is required to check and/ or proofread the content including the “Material” immediately after it goes online and to report any errors during the first week online. Should error(s) be reported, The Customer will be informed that the content has been taken offline by means of a test page. The assessment of the page as well as any objections to possible mistakes must be made by the next workday following receipt of notification. Following this, content will be considered accepted, and the Customer will assume any costs associated with requested changes. The Provider makes no promises regarding the placement of content or the (visual or timely) sequence of their being put online. The Provider retains the right to reject requests from Customers for editorial or any other reasons.
Should the Customer be in violation of any applicable law or prohibition, or, in the judgment of the Provider, to be in violation of commonly accepted public standards, or to be in violation of accepted public ethical standards of good conduct, to be in violation of or opposition to the Seller’s ethical, moral or political standards of good conduct, then the Provider retains the right to revoke the offer for Products and Materials. A warning will not be required. The Provider will inform the Customer of his decision immediately. The Customer will be responsible for rendering the contractually agreed payments or goods (Digital or Physical Material(s), Product(s)) unless he can prove that the Provider had no just cause to revoke the offer. Further claims for reimbursement or compensation for damages by the Customer are excluded.
Photos offered by the Provider are own photographs or those of ‘Kinokast’ suppliers. No photographs or works of third parties are available for licensing. In addition, the following will apply:
Prices cover only the use by the Customer [named fully and accurately in the Purchase Contract] for an unspecified length of time. Any further use of the imagery by a third party [of a name other than the Customer’s] will be subject to further charges. All usage of our photographic material, including online publication or creation of a digital resource such as a CD-ROM or DVD or internet resource, is subject to a fee. This includes use of photos as a basis for drawings, caricatures, reworked photos, and presentations by The Customer, as well as the use of photographic details that can be used in new photographic compositions by use of montage, photocomposing, electronic editing, or other techniques.
Delivery of Original Photography
In cases where photo negatives are to be sold for temporarily usage only (upon a fixed period of time in the Contract), the Customer, not the Provider or his contributors, will be responsible for their return delivery in undamaged condition, even when the Customer passes on the photos to third parties. All risk for delivery of physical photographic materials (negative, or positive film) will be carried by the Customer. The Customer has to return physical photographic materials within a maximum of four weeks in undamaged condition to the Provider/ Seller..
Preparation of Photographic Materials for Delivery
The Customer will receive a licensing code and/or link by E-mail for downloading photographic material. This licensing code is entered as a ‘Order number #’ on the Kinokast internet page: https://kinokast.photography/my-account/ . In exceptional cases photographic material will be sent directly by E-mail and/or Land mail.
The name of the photographer must be recognised either directly on the photo or in an index when using photographs. This will be done in the following format:
© Prosper Jerominus, [year] Should the author or photographer not be named, then the Provider has the right to claim damages from the Customer in an amount double the original value of the order.
Licensing of Data
Data offered by the Provider are own data and/or those of Kinokast’ suppliers. No data or works of third parties are available for licensing. In addition, the following will apply:
The supplied data are only allowed for internal use at one location of the customer. Resale or delivery free of charge is prohibited unless otherwise agreed upon in written form. Allowed is solely the distribution of content by the Customer gathered through analysing the data provided by the Provider, either in printed or electronic form.
Delivery of Data Material
Supplied data and software are only allowed to be backed up for own security reasons.
Supplied data and software are only allowed to be backed up for own security reasons.
The manipulation and/or modification of data or parts of it as well as the inclusion/mixture in/with other services/products is not allowed by the Customer.
Purpose of Use
The Customer agrees to disclose the purpose of the data purchase to Kinokast when signing the contract.
All prices quoted by the Provider are net prices subject to value added tax for example 19% (or the relevant VAT amount that applies at date of purchase) if the Customer resides in Germany. Postage and transport costs that incurred by the Provider are be passed on to the Customer. In cases of subscription cycles, prices will be based on the time a subscription is activated by the Provider. Invoicing will take place at the time a service is ordered. Compensation in full is due two weeks after the billing date. Should the contract not be fulfilled as originally scheduled, or is not completely fulfilled in an orderly fashion, then the Provider has the right and obligation to make another attempt at fulfilling the contract within two months time. Should two such attempts fail, The Customer then has the right to annul or void the contract. Any further rights or remediations, in particular compensation claims for damages, are excluded.
The Provider retains the right to make adjustments to agreed-upon prices and all prices displayed on the website kinokast.org. Should any change not be in favour of the Customer, the Provider must so inform the Customer by email, letter or fax at least one month before a price change is scheduled to become effective. In such a case, the Customer has the right to protest the planned price increase in writing up until two weeks before the increase is to take effect. [The Provider will hereupon make clear his position regarding his request for a price increase.] If the Customer does not exercise his right of protest, the new prices will be effective according to the stated time. Should the Customer protest or reject the price increase after the two weeks (14 days) before the increase is to take effect, the Provider is then entitled to immediately cancel the contract.
In such cases where the Customer is not an end-user but rather is engaged in resale or transfer (as repackager, mediator, middleman, intermediary, information broker, etc.) of the product to end-users, the following supplementary conditions will also apply (subject to particular contractual agreements made between the Provider and the reseller):
a) The general conditions described herein will apply to the reseller to the same extent applicable to direct customers of the Provider with the exception of Section Resale.
b) The reseller is liable to the Provider for the adherence of all points of general conditions described herein – in particular Resale – by the end-user. The Provider must expressly approve any changes or modifications to the product, or any portions thereof, as well as the introduction or attachment of any services or products of the resellers or other service providers. The same applies when this right is granted to third parties. The reseller is obliged to proofread the resold product to guarantee its integrity. In cases of commissioning of online advertisements, the Provider grants agents a 15% AE commission against proof of the agent’s activity and invoicing of the agency.
Complaints arising from incomplete or defective deliveries must be made within ten workdays in the case of obvious defects, and immediately upon discovery (but no later than six months) in the case of hidden defects. Time will be determined from the time of dispatch (date of sending by the Provider) as well as the day of receipt of a written complaint. Should hidden defects appear, the user is not authorised to make remedies on his own and his use of the product must halt immediately. Where a customer does not keep this agreement, the delivered product will be considered approved. Defects of a portion of the delivered product do not entitle the Customer to raise complaint against the whole product. Claims made against defects that do not substantially impair the use of the product will not be recognised. Claims against defects must be made immediately and in writing. The Provider retains the right to make repairs. Any further claims by the Customer can be made only after two attempts at repairs have failed, or if the Provider refuses to made repairs. The Provider guarantees that
a) he has the right to sell the product to The Customer,
b) materials and products made available to The Customer are in good working order at the time of delivery
c) data and software are stored in an orderly fashion at the time of delivered) data and software function essentially as described in promotional literature and documentation onlineFurther guarantees are excluded. The effectiveness of the product is not guaranteed for any particular purpose. Defective products will be replaced, provided The Customer adheres to the rules for making claims described herein.
Product purchase Policy
Before purchase online on our website, please place tour order and make sure it is accurate, and complies with all local, state and federal laws (e.g. your local tax rates) as well as with this policy. This policy applies to all products and content offered, including the descriptive text and the photographs/images. We reserve the right to remove any purchase order that we deem, in our sole discretion, to violate this policy and/or to reject the submitted offer’s Terms and Conditions.
Content must be accurate
Please make sure that all information you submit is accurate and complete. If any information later becomes inaccurate or misleading, you are responsible for correcting it by way of email to the Provider/ Seller.
Modes of Payment
Kinokast provides several online modes of Payment to choose from: PayPal, Direct Bank transfer, Cash upon certain conditions* , iDeal (You can directly use iDeal if you are a customer of one of the participating banks) or main Credit Cards via the Stripe Payment system (Worldwide)
*Cash Payment on delivery is available, but only when explicitly agreed upon by the Seller and fully notified by the Buyer in the Purchase Contract.
Your European Tax Rates
More information about Your Local European VAT (GST) Tax Rates for Art . Final Prices billed to you will be including your local VAT (GST) taxes and may therefore differ from the Price you have seen indicated for the item(s) in the Shop (all Shop Prices are VAT/ GST tax included according to the Country of Purchase (location) that is recognised by the Shop and your Buyer’s IP). Your VAT/ GST tax will be calculated automatically while ordering your item(s) online and provided you submit your Country of Residence accurately.
But there is still a way to know hoe much the Purchase will cost you. Read more below. More information on European VAT (GST) taxes, here
- Calculate your Final Price online (including your Country’s local VAT (GST) taxes/ Rate)
- Use a Calculator to Calculate your Final Price
Expiration dates (Period’s offer) for limited offers
All “Specials”, “Offers” or “Discount periods” offered by the Provider and advertised on its website are only short-term promotions. Therefore, those advertisements include an expiration date. In addition, all such “specials” reference the specific nature of the “special” and cannot be a generic reference.
Our License to You
Kinokast hereby authorises you to view, copy, download and print the product, information and data (“Materials”) made available on this Website as an digital file, provided that:
(1) if you are a Lessee, the Materials (e.g. “Digital Photo”, or “Digital Reproduction of visual art or paintings”) are used solely for personal, noncommercial purposes and if you are a Lessor/Owner/Broker, the Materials are used only for the purposes of using the services expressly offered by Kinokast; Without limiting the generality of the foregoing, as a Lessor/Owner/Broker, you are only permitted to refer to this Website (http://www.kinokast.org) to advertise your services and communicate with your Buyers/Lessees;
(2) the Materials are not modified, republished, or redistributed; and
(3) all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such Materials. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of Kinokast/ Jerome Bertrand /Prosper Jerominus.
All rights for art and photography © Prosper Jerominus 1993-2021 fall under the Creative Commons International License 4.0 (unless specified otherwise):
The Provider will be liable only for damages caused by gross negligence or purposeful intent of himself or his assistants. The Provider is not liable for consequential damages, in particular as regards a positive breach of contract, to the extent that such damages fall in the realm of guaranteed features of properties. The Provider is not liable for damages which he could not have reasonably foreseen or which are the responsibility of the Customer or the Customer’s agents. The Provider will be liable for the re-creation of data only to the extent that the Customer can demonstrate that such data can with reasonable effort be reconstructed from data kept on hand in electronic or machine readable form. Contractual as well as extra-contractual claims will be governed by the above-mentioned liability laws. The Provider is not liable for any software or hardware errors caused by the online transmission of our data or by the use of our systems.
Protection of Data
The contracting parties oblige themselves to handle all information and data obtained by the other contracting party in the execution of this contract in confidence and to not make it accessible to third parties. This obligation remains in effect after the conclusion of the contract. The Provider will store data and information pertaining to the intention of the contract provided by The Customer in a form only readable by machine. The Provider retains the right to transmit data that might benefit a third party should this be necessary for the execution of the contract. The Customer obliges himself, in using the product of portions thereof, to be cognisant of and adherent to Dutch law pertaining to the protection of data.
We fully adhere to the European Privacy Standard: General Data Protection Regulation (GDPR).
Copyright, read the Disclaimer below
The Customer recognises the copyright of all services by the Provider and his contributors. The Customer obliges himself not to in any way infringe upon the copyright, property right, or trademark protection of the Provider, his associates, or their products. The Customer indemnifies the Provider of all third party claims arising from an infringement of the Customer against the aforementioned obligations.
In particular and in addition to other Copyright owned by the Seller, stating that all photography, art, and web design is copyrighted by © Prosper Jerominus 1993-2021, all is protected by an International Rights License: Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Some Rights to using the material can be purchased in the online Store Catalog or Shop: https://kinokast.photography/store
Any further claims by the Provider against the Customer will not be affected.
Compensation for Damages
In case of violation by the Customer of the terms of this agreement for services or in case of violation by the Customer of copyright, the Provider is entitled to claim a penalty in an amount ten times the price of the product or service as stated in effective price lists. In cases where the Customer has Online Access, the Provider is also entitled to immediately block this access. Any other outstanding claims by the Provider against the Customer will not be affected by such circumstances.
Collateral agreements, changes, and amendments must be made in writing to be valid. This will also include waiver of formal requirements. All legal claims will be adjudicated according the laws of The Netherlands with the exclusion of standard mercantile laws. The domicile of the contracting parties is Ijmuiden, The Netherlands. In cases where the concerned businessman has legal authority, special legal powers, or no legal domicile in The Netherlands, Amsterdam will be the exclusive legal domicile of all disputes arising from the contractual relationship. All prior general conditions of business lose their validity herewith.
Joint and Several Clause
The invalidation of any one of the conditions named above does not invalidate the whole. Another clause that will match the intention of the original as closely and efficiently as possible will in good faith be substituted for the voided clause.
“Materials” as physical items (e.g. Paper Prints, Visual artifacts, Paintings)
For acquiring ‘Materials’ as physical items from Kinokast (such as physical paintings), the Terms and Conditions as stated above forms the basic “Contract” and is to be duly dated, signed by all parties and returned to the Provider/ Seller per post or Email by the Buyer/ Customer before any Purchase is accepted by the Provider (Selller) and before the Material(s), and physical item(s) can be picked up at previously agreed location and time. Transport and Transport insurance of the item(s) is subject to another agreement that need to be fully notified in the Purchase Contract before any Purchase is effective.
Please read about your local European VAT (GST) Tax Rates before Buying Art
Kinokast, Jerome Bertrand/ Prosper Jerominus
Kennemerboulevard 540, 1976 IJmuiden, The Netherlands.
Last update: March 2021