Access to this website and the information contained thereon constitutes full acceptance of the terms and conditions as set out below. Reproductiefonds reserves the right to amend these conditions at any time.
Should you want to use an image in a way that is not authorised by these conditions, or should you have any questions concerning same, please contact Reproductiefonds.

GENERAL SALES TERMS AND CONDITIONS FOR THE USE OF IMAGES FROM THE IMAGE BANK

A. DEFINITIONS

1. User
The user is any individual or legal entity who, in whatever way, uses the content of the Reproductiefonds database.

2. Image bank
“Image bank” refers to the Reproductiefonds database (including images, text, information, etc. and other material) as made available to the user, via the Internet, or otherwise in any form whatsoever.

3. Reproductiefonds
“Reproductiefonds” stands for Reproductiefonds Vlaamse Musea NV.

4. Customer
The customer is any person or entity who buys one or more prints, digital images or art gifts by means of the Reproductiefonds website.

B. USE OF THE IMAGE BANK

The use includes the consultation, downloading, reproduction, etc, of images and/or information contained in this database.

1. The user of the Reproductiefonds image bank agrees to respect the general conditions. (S)he is aware that the information supplied on the website shall remain the property of Reproductiefonds. Users may seek exemption from the legal exceptions where authorised by Belgian law concerning the protection of royalties and databases.

2. The use or reproduction of certain names, signs or logos representing trademarks is not permitted.

3. It is the obligation of the user to protect the Reproductiefonds against claims made by third parties.

4. Links to other websites
The Reproductiefonds website contains links to third-party websites. These are provided solely for the information of users. Reproductiefonds has no control over these sites or the information contained thereon. No responsibility can therefore be accepted by Reproductiefonds for the content or the quality of these sites.

5. Links to the Reproductiefonds website
The user may include a link to the homepage of this site on your own website. The web page containing the hyperlink must disappear entirely and the URL of our website must be clearly visible.

6. Liability
The information on this website is the result of meticulous research and analysis. Although Reproductiefonds strives to inform you in as precise and thorough a manner as possible, the information on the website may be incomplete or contain errors. Reproductiefonds cannot be held responsible for this. Jamming, discontinuances or errors in electronic subcontracting services requested by means of the website under no circumstances gives the right to financial compensation.

C. PRIVACY (Law of December 8, 1992 - Law on the protection of privacy)

1. Only when the user wants to enjoy certain benefits or services (e.g. subscription to the newsletter, ordering images, prints and art gifts, will (s)he be obliged to communicate certain personal data to Reproductiefonds. It is important to know that Reproductiefonds treats your personal data in accordance with all legal obligations concerning the processing of personal data.

2. Confidentiality of personal data
The personal data collected by Reproductiefonds are stored in protected surroundings that are not accessible to the public. The file in which the data is stored can be consulted by only a limited number of persons at Reproductiefonds, who need this information to carry out their functions. The information is purely for internal use and is not kept any longer than necessary.
Your identity shall not be revealed to third parties, except if these are dependent on Reproductiefonds by contract, in which case their access to your data shall be limited to that which they will need for the execution of their functions. Reproductiefonds does not reveal any personal data to third parties without contractual agreement with Reproductiefonds, except in order to satisfy legal obligations and in the event of an explicit request made by the legal authorities or the police services.

3. Purpose of the processing of user data
Reproductiefonds collects data in order to manage existing and potential customer files in an optimal manner and consequently to contact the user with matching offers and optimised services (such as receiving the newsletter, ordering and downloading digital images, prints and art gifts).
The subscription to particular services offered on this site (subscription to the newsletter, saving and managing several personal image selections, etc.) requires the collection of personal data. This data may be passed on to the companies with which Reproductiefonds collaborates (for example, the company that ships prints or art gifts). The data may also be used to inform the user of future events or of the introduction of new services by Reproductiefonds. If the user does not wish to receive this information, (s)he may communicate his/her preference to the webmaster by e-mail or by letter. Each newsletter that is sent by Reproductiefonds contains a simple button to cancel any current subscription.

4. Permission for collecting and processing data
By supplying your personal data, you grant Reproductiefonds express permission to process them for the aforementioned purposes. Should Reproductiefonds wish to process your personal data for purposes other than those indicated, or should Reproductiefonds wish to pass information on to organisations or companies with whom it collaborates, we will ask you for your express authorisation in such cases.
The user has the right to object to the use of his/her personal details for other purposes.

5. Your right to view, modify or remove your personal data
You have the right to view the data that Reproductiefonds collects after your registration. You have the right to modify any inaccurate or incomplete data. You may also request at any time that your personal data be removed from the systems of Reproductiefonds. You may contact the webmaster of this site at the e-mail address below.
Postal address:
Webmaster Reproductiefonds
Kunstberg
Abrahamstraat 13, 9000 GHENT
E-mailaddress:
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

D. BUYING PRINTS

1. Use of the print
The print may only be used for the purposes mentioned at the time of ordering and as indicated in the confirmation order.

2. Delivery
The place of delivery is the place indicated by the customer at the time of ordering. The delivery periods mentioned on the website are for information purposes only. Reproductiefonds cannot be held responsible for possible delays in the delivery of goods or services. No responsibility can be accepted by Reproductiefonds for any possible aberration in colours or for faults in the general appearance of the image print. Any complaints about the goods or delivery must be communicated within eight days after the delivery and especially before using the provided image print(s).

3. Modifications
The supplied image prints cannot be processed or modified in any way without the prior consent of Reproductiefonds.

4. Copying/(re)distribution/lending
Except with the prior, written authorisation of Reproductiefonds, it is not permitted to duplicate, share, sell or lend the supplied image prints to third parties.

5. Protest
The invoice must be challenged, in writing, within eight days of the invoice date.

6. Duty of safeguarding
The duty of safeguarding the Reproductiefonds does not extend beyond that of its suppliers.

7. Guarantee against disposal
The user undertakes to guarantee the Reproductiefonds and insure them against all possible claims by third parties arising from or related to violation of use of the image print by the user.

8. Risks
The transactional risk is transferred from seller to buyer on the signing of the purchase agreement, i.e. as soon as the customer receives an order confirmation (by e-mail) from Reproductiefonds. Any loss and/or damage of the goods sent are the responsibility of Reproductiefonds only when the customer has informed Reproductiefonds in writing ( This e-mail address is being protected from spam bots, you need JavaScript enabled to view it ) of any damage or malfunctions within seven days after delivery. Failure to do so within this timeframe will result in any risk being borne by the customer. In the event of damage, the customer must return the product within seven days following the delivery date. On his/her request, the invoiced sum and/or the expenses of returning the goods are refunded as soon as the goods are received by Reproductiefonds.
9. Force majeure – change in the customer’s legal status
Reproductiefonds reserves the right to terminate the agreement, without it being possible for compensation to be demanded, when Reproductiefonds is unable to execute the agreement due to force majeure, a strike, lock-out, etc.
Reproductiefonds reserves the right to view the agreement as dissolved by law without prior notice in the event of insolvency, evident incapacity to pay, as well as any change in the customer’s legal status.

10. Remote selling
Every customer has the right to renounce to the purchase, without having to pay a penalty and without further explanation, within a time frame of seven working days after the day following the sales transaction.
In this case, the customer must return the goods in the original, unopened packaging within seven working days following reception, together with the completed return slip (to be found on the reverse of the invoice). The amount invoiced shall be refunded as soon as the returned goods have been received. The expenses of returning the goods are borne by the customer. Reproductiefonds reserves the right to refuse returned items and therefore the refund if the original packaging has been opened or if the products have been returned damaged.

11. Payment
Despite the transition of risk at the time of the closing of the sales contract, the goods shall remain the property of Reproductiefonds as long as they have not been paid for. Invoices are payable in cash within seven days of the invoice date at the Reproductiefonds head office.
Should the invoice not be paid by its expiry date, all other invoices outstanding at that point in time become immediately due. Starting from the expiry date, an interest rate for a conventional delay (on an annual basis) is due at 10% of the amount stated on the invoice. In addition, a contractual compensation is due at 10% of the amount stated on the invoice, with a minimum of €125, excluding VAT.
The customer explicitly accepts that Reproductiefonds will assign the intervening payments to the oldest outstanding invoices.

12. Cancellation
Order cancellations should be made in writing to Reproductiefonds ( This e-mail address is being protected from spam bots, you need JavaScript enabled to view it ).
Reproductiefonds reserves the right to request the dissolution or the observation of the agreement. In the event of cancellation, the customer must return the goods to Reproductiefonds. If the order is cancelled within seven working days of the invoice date, the customer is required to pay a cancellation fee of €50. If the invoiced sum is less than €50, this sum will remain due in full.
In the event of cancellation, later than seven days but not later than 30 days after the date of the invoice, the cancellation fee will amount to 50% of the total invoiced sum, with a minimum of €50. Cancellations later than 30 days after the date of the invoice are not accepted.

13. Failure to comply with conditions
In the event of full or partial non-compliance, Reproductiefonds reserves the right to halt further deliveries. Reproductiefonds also reserves the right to demand compliance with the agreement or to view this as dissolved in its entirety or for the non-executed portion by law and without prior warning of default.
The loss incurred by Reproductiefonds amounts to at minimum 50% of the value of the order or the non-fulfilled portion of it. Payment of this claim is owed by law and without prior warning of default, on the understanding that Reproductiefonds reserves the right to prove its real loss with all legal means if it is higher.

14. Taxes
Any additional taxes or duties are the responsibility of the buyer of the images and can never be recovered from Reproductiefonds.

15. Applicable law/Jurisdiction
The applicable law is Belgian law. All disputes arising from or relating to this agreement shall be submitted to the courts and tribunals of the judicial arrondissement of Ghent.

E. BUYING ART GIFTS

1. Delivery
The place of delivery is the place indicated by the customer at the time of ordering. The delivery periods mentioned on the website are for information purposes only. Reproductiefonds cannot be held responsible for possible delays in the delivery of goods or services. No responsibility can be accepted by Reproductiefonds for any possible aberration in colours or for faults in the general appearance of the goods. Any complaints about the goods or their delivery must be communicated within eight days after delivery and in any event before using the goods.

2. Modifications
The supplied art gifts may not be processed or modified in any way without the prior consent of Reproductiefonds.

3. Protest
The invoice must be challenged, in writing, within eight days of the invoice date.

4. Duty of safeguarding
The duty of safeguarding the Reproductiefonds does not extend beyond this of its suppliers.

5. Guarantee against disposal
The user undertakes to guarantee the Reproductiefonds and to insure them against all possible claims by third parties arising from or related to violation of the use of the art gift by the user.

6. Risks
The transactional risk is transferred from seller to buyer on the signing of the purchase agreement, i.e. as soon as the customer receives an order confirmation (by e-mail) from Reproductiefonds. Any loss and/or the damage of the goods sent are the responsibility of Reproductiefonds only when the customer has informed Reproductiefonds in writing ( This e-mail address is being protected from spam bots, you need JavaScript enabled to view it ) of any damage or malfunctions within seven days after delivery. Failure to do so within this timeframe will result in any risk being borne by the customer. In the event of damage, the customer must return the product within seven days following the delivery date. On his/her request, the invoiced sum and/or the expenses of returning the goods are refunded as soon as the goods are received by Reproductiefonds.

7. Force majeure – change in the customer’s legal status
Reproductiefonds reserves the right to terminate the agreement, without it being possible for compensation to be demanded, when Reproductiefonds is unable to execute the agreement due to force majeure, a strike, lock-out, etc.
Reproductiefonds reserves the right to view the agreement as dissolved by law without prior notice in the event of insolvency, evident incapacity to pay, as well as any change in the customer’s legal status.

8. Remote selling
Every consumer has the right to renounce to the purchase, without having to pay a penalty and without further explanation, within a time frame of seven working days after the day following the sales transaction.

In this case, the customer must return the goods in the original, unopened packaging within seven working days following reception, together with the completed return slip (to be found on the reverse of the invoice). The amount invoiced shall be refunded as soon as the returned goods have been received. The expenses of returning the goods are borne by the customer. Reproductiefonds reserves the right to refuse returned items and therefore the refund if the original packaging has been opened or if the products have been returned damaged.

9. Payment
Despite the transition of risk at the time of the closing of the sales contract, the goods shall remain the property of Reproductiefonds as long as they have not been paid for. Invoices are payable in cash within seven days of the invoice date at the Reproductiefonds head office.
Should the invoice not be paid by its expiry date, all other invoices outstanding at that point in time become immediately due. Starting from the expiry date, an interest rate for a conventional delay (on an annual basis) is due at 10% of the amount stated on the invoice. In addition, a contractual compensation is due at 10% of the amount stated on the invoice, with a minimum of €125, exclusive of VAT.
The customer explicitly accepts that Reproductiefonds will assign the intervening payments to the oldest outstanding invoices.

10. Cancellation
Order cancellations should be made in writing to Reproductiefonds ( This e-mail address is being protected from spam bots, you need JavaScript enabled to view it ).
Reproductiefonds reserves the right to request the dissolution or the observation of the agreement. In the event of cancellation, the customer must return the goods to Reproductiefonds. If the order is cancelled within seven working days of the invoice date, the customer is required to pay a cancellation fee of €50. If the invoiced sum is less than €50, this sum will remain due in full.
In the event of cancellation, later than seven days but not later than 30 days after the date of the invoice, the cancellation fee will amount to 50% of the total invoiced sum, with a minimum of €50. Cancellations later than 30 days after the date of the invoice are not accepted.

11. Failure to comply with conditions
In the event of full or partial non-compliance, Reproductiefonds reserves the right to halt further deliveries. Reproductiefonds also reserves the right to demand compliance with the agreement or to view this as dissolved in its entirety or for the non-executed portion by law and without prior warning of default.
The loss incurred by Reproductiefonds amounts to at minimum 50% of the value of the order or the non-fulfilled portion of it. Payment of this claim is owed by law and without prior warning of default, on the understanding that Reproductiefonds reserves the right to prove its real loss with all legal means if it is higher.

12. Taxes
Any additional taxes or duties are the responsibility f the buyer of the images and can never be recovered from Reproductiefonds.

13. Applicable law/Jurisdiction
The applicable law is Belgian law. All disputes arising from or relating to this agreement shall be submitted to the courts and tribunals of the judicial arrondissement of Ghent.

F. BUYING COPYRIGHT ON DIGITAL IMAGES OF OUR IMAGE BANK

"Image" is taken to mean: ekta, photograph, picture, text, data, information, etc. in whatsoever form or medium, included in the Reproductiefonds image bank.

1. Delivery
The Image will be kept on the Reproductiefonds website in high picture quality in Adobe RGB colour values and in a specified size at the customer’s disposal for three days.

2. Product guarantee
Reproductiefonds guarantees that the Image made available is free of faults (apart from visual flaws inherent in or present in the underlying work) for ninety days following delivery of the image.
Reproductiefonds does not offer any guarantee of the suitability of the image for the stated application and cannot be held liable for deviations in colour or image sharpness in the final print. Reproductiefonds advises requesting a reference print for this purpose.

3. Reference print
The reference print is used exclusively as an aid during printing or conversion of an Image for printing.
Except where there is prior written approval from Reproductiefonds it is forbidden to modify, process, reproduce, distribute, sell, lend or make the reference print available to third parties in any other way. The general conditions relating to the purchase of a print apply to the purchase of a reference print.
It is advisable to request the reference print that is held available for each image by the Reproductiefonds as an aid for the printing or conversion of Images for printing. This means that the user avoids deviating colour values in the final colour result.

4. Licence
Except if a condition states otherwise, the customer can use the supplied image on the basis of a non-exclusive licence for one-off use of the image in the publication(s) and in accordance with the conditions (such as concerning the use, the medium, the duration, format, print run, and area of distribution) stated by the customer when placing the order.
The licence does not apply to use under other conditions from those stated by the customer when placing the order.
The user is completely responsible for use of the image.
The image can only be placed on a computer or computer network for the period indicated on the invoice and the confirmation of the order
The awarded licence is personal and non-transferable. If the image is ordered on behalf of a third party, the third party must be the only final user of the image.
Access to the images must be limited to those entrusted with producing the publication(s) for which the image has been requested.
Access to the images cannot be granted in any way to persons or applications that are not involved in the production or creation of the work.

5. Intellectual property
Reproductiefonds always retains all rights to the Images. The acquisition of a usage licence on an image does not imply a transfer of the rights of ownership to the image.

6. Modifications Limitations
The images provided cannot be adapted or modified in any way, except for a standard colour correction and/or a minor cropping in the global representation.

7. Reproduction, sales, lending
Apart from where needed for use in the publication(s) stated in the order or apart from prior, explicit written approval, it is not permitted to duplicate, sell or lend the delivered Image in any way either free or under sublicence or to make it available otherwise to third parties.
8. Limitations
Reproductiefonds can subject use of an image to limitations (such as concerning the medium, the duration, the print run, positioning of the image, size, distribution zone, sector or industry for which the image is used).
Reproductiefonds can subject use of an image to prior approval for certain purposes such as use for sensitive subjects. Sensitive subjects include: contributions that do or could show the subject of the image concerned in a poor light, contributions that seek to mock persons, subjects linked to sexual actions, and certain physical or mental ailments. The customer undertakes to contact Reproductiefonds where it intends to use images for sensitive subjects.
Under no circumstances may the image be used as a brand for goods or services, for pornographic purposes or for purposes that violate the law.

9. Non-use of the image in the stated publication
If the customer decides not to use the image in one or more of the publication(s) stated when placing the order, it can obtain a credit note subject to the following conditions:
- the customer must inform Reproductiefonds immediately that it will not use the image (in certain publications).
- (s)he must remove the image concerned immediately from all media (such as a hard disk, CD, DVD) on which the image is saved and must guarantee this in writing to Reproductiefonds. The customer explicitly grants Reproductiefonds the right to inspect all of its files to verify this declaration.
Removal of the questionable image file is essential for Reproductiefonds. If this condition is not respected, inclusive compensation of €2,500 is owed by law without prior warning of default, without prejudice to Reproductiefonds’ right to prove and claim higher compensation by all legal means.
- If the notice is reported within seven working days following the date of the invoice, the customer is required to pay a cancellation fee of €50. If the invoiced sum is less than €50, this sum will remain due in full. In the event of cancellation, later than seven days but not later than 30 days after the date of the invoice, the cancellation fee will amount to 50% of the total invoiced sum, with a minimum of €50.
Cancellations later than 30 days after the date of the invoice are not accepted.
If non-use is reported as described above, the licence to use the image expires.

10. Payment
The ordered image can be used only after payment of the invoice.
If an invoice is not paid by its due date, the licence agreement expires legally and all other outstanding invoices between the parties are immediately claimable. The customer also explicitly acknowledges that (s)he shall owe contractual compensation equal to 10% of the outstanding balance with a minimum of €125, excluding VAT plus contractual interest of 10% on an annual basis.

11. Taxes
Any additional taxes or duties are the responsibility of the customer and can never be recovered on Reproductiefonds.

12. Protest
The invoice must be challenged, in writing, within eight days of the invoice date.

13. Presentation copies
After use of the image the customer must supply Reproductiefonds with two free presentation copies of the publication that was created with the image.
If the images were used to create an Internet application, the URL and, where applicable, a login and password must be communicated to Reproductiefonds.
If consultation via a URL is not possible, screenshots may be used as presentation copies.

13. Return of the media
If the images are delivered on a multimedia medium such as a CD-ROM, the customer is obliged to return this medium to Reproductiefonds within seven working days of the expiry of the allocated period of use. Failing this it shall by law owe payment equal to double the invoiced sum without prior warning of default.
This component continues to apply after the termination of the agreement.

14. Guarantee against disposal
The user undertakes to guarantee the Reproductiefonds and to compensate it against all possible claims by third parties arising from or related to violation of use of the image by the user.

15. Copyright notice
Unless this proves to be impossible, the customer must equip each image used in the specified publication with a copyright notice. This notice must always be reproduced in the following format: "© Reproductiefonds, photo: (photographer’s name)”
Inclusion of this copyright notice is an essential condition.
In the event of full or partial failure to comply with this condition, an inclusive compensation of double the invoiced sum shall be payable by law without prior warning of default, without prejudice to Reproductiefonds’ right to prove and demand higher compensation with all legal means.

16. Confidentiality
The customer acknowledges that the information provided to him by Reproductiefonds (e.g. relating to prices, technical aspects of digital image processing, marketing, etc.) is a valuable and crucial part of Reproductiefonds’ business process, including diversification from competing databases. As a result, the customer is bound to safeguard the confidentiality of this information, except where prior written approval is awarded.

17. Limited liability
Reproductiefonds is not liable for loss caused by or related to use of an Image.
In cases where Reproductiefonds must pay compensation, the amount of the compensation will never be higher than the invoiced sum for use of the relevant images.

18. Failure to comply with conditions
In the event of full or partial non-compliance Reproductiefonds reserves the right to stop further deliveries. Reproductiefonds also reserves the right to demand compliance with the agreement or to view this as dissolved in its entirety or for the non-executed portion by law and without prior warning of default.
Except where specified otherwise, the loss incurred by Reproductiefonds amounts to at minimum 50% of the value of the order or the non-fulfilled portion of it. Payment of this claim is owed by law and without prior warning of default, on the understanding that Reproductiefonds retains the right to prove its real loss with all legal means if it is higher.

19. Force majeure – change in the customer’s legal status
The Reproductiefonds reserves the right to terminate the agreement, without the possibility of compensation being demanded, when Reproductiefonds is unable to execute the agreement due to force majeure, a strike, lock-out, etc.
Reproductiefonds reserves the right to view the agreement as dissolved by law without prior notice in the event of the customer’s insolvency, evident incapacity to pay, as well as any change in his/her legal status.

20. Applicable law/Jurisdiction
The applicable law is Belgian law. All disputes that arise from or relating to this agreement will be submitted to the courts and tribunals of the judicial arrondissement of Ghent.