**GENERAL TERMS AND CONDITIONS OF SALE**
**Article 1 - Definitions**
1. "Platform hereinafter referred to as Photomorgana": The online marketplace for digital images, managed by Photomorgana.
2. "Photographer": A registered user who uploads and offers digital images on the Platform hereinafter referred to as Photomorgana.
3. "User": A registered or unregistered person or entity who downloads images via the Platform, hereinafter referred to as Photomorgana.
4. "Consumer": Any natural person who acts for purposes outside his trade, business, craft or profession.
5. "Company": Any natural or legal person acting in the course of a trade, business, craft or profession.
6. "Images": Digital files with visual content offered by Photographers via the Platform, hereinafter referred to as Photomorgana.
**Article 2 - Applicability**
1. These General Terms and Conditions of Sale apply to every transaction carried out via the Platform, hereinafter referred to as Photomorgana.
2. Deviations from these terms and conditions are only valid if agreed in writing.
3. Specific terms and conditions for consumers are included in accordance with Belgian consumer law.
**Article 3 - User registration**
1. Both Photographers and Users must create an account in order to use the Platform, hereinafter referred to as Photomorgana.
2. The user is responsible for the accuracy of the information provided and the security of their account.
3. Photographers must confirm that they hold the intellectual property rights to the uploaded images.
**Article 4 - Licences and Intellectual Property**
1. Photographers retain the copyright to their images but grant the Platform, hereinafter referred to as Photomorgana, a non-exclusive licence to offer the images commercially.
2. Users obtain a licence to use the purchased images in accordance with the licence terms (e.g. editorial or commercial use).
3. Unlawful use of images outside the licence terms may have legal consequences.
**Article 5 - Prices and Payments**
1. All prices are stated in euros and include VAT for consumers and exclude VAT for businesses, unless otherwise stated.
2. Payments are processed via the payment methods offered on the Platform, hereinafter referred to as Photomorgana.
3. Photographers receive a commission based on the sale of their images, paid in accordance with the terms and conditions of the Platform, hereinafter referred to as Photomorgana.
**Article 6 - Right of Withdrawal and Cancellation**
1. Consumers have no right of withdrawal after the purchase and download of digital content, in accordance with Article VI.53 of the Economic Law Code.
2. Businesses do not have a right of withdrawal unless otherwise agreed.
3. In the event of technical problems with the download, the customer may contact customer service for a solution.
**Article 7 - Liability**
1. The Platform, hereinafter referred to as Photomorgana, is not liable for infringements of intellectual property rights by Photographers.
2. The Platform, hereinafter referred to as Photomorgana, is not responsible for damage resulting from misuse of the Images by Users.
3. The liability of the Platform, hereinafter referred to as Photomorgana, is limited to the purchase price of the disputed image.
**Article 8 - Termination and Suspension**
1. The Platform, hereinafter referred to as Photomorgana, reserves the right to suspend or terminate accounts in the event of violations of these General Terms and Conditions of Sale.
2. Photographers may terminate their account with 30 days' notice.
**Article 9 - Applicable Law and Disputes**
1. These General Terms and Conditions of Sale are governed by Belgian law.
2. Disputes between the Platform, hereinafter referred to as Photomorgana, and Users or Photographers shall be settled by the competent courts in Antwerp.
**Article 10 - Changes to the Terms and Conditions**
1. The Platform, hereinafter referred to as Photomorgana, reserves the right to amend these terms and conditions at any time.
2. Amended terms and conditions will be communicated via the Platform, hereinafter referred to as Photomorgana, and will take effect 30 days after publication.
For further questions or comments, please contact [email protected].
