— GENERAL TERMS AND CONDITIONS OF SALE —

 

Preamble

By confirming his or her order, the Client hereby unconditionally accepts the terms of the said order, as well as these General Terms and Conditions of Sale in their entirety.

 

Article 1 – Purpose

The General Terms and Conditions of Sale apply to all service delivery orders placed with Studio Harcourt Hong Kong, located at 18th Floor, No. 18 On Lan Street, Central, Hong Kong, hereinafter referred to as Studio Harcourt Hong Kong.

1.1 These General Terms and Conditions of Sale shall solely be applicable, to the exclusion of the Client’s general or specific conditions that Studio Harcourt Hong Kong has not expressly accepted in writing.

1.2 Studio Harcourt Hong Kong may modify these General Terms and Conditions of Sale at any time, provided that these modifications appear on the website www.studio-harcourt.hk. The terms and conditions published on the internet at the time of ordering shall remain applicable to the particular order. The Client is deemed to have taken cognizance of them, to have accepted all clauses and to have waived the capacity to avail him or herself of the purchase conditions therein.

 

Article 2 – Packages - Term

2.1 Unless otherwise stipulated in the specific terms and conditions of Studio Harcourt Hong Kong, offers from Studio Harcourt Hong Kong remain valid for a period of one year. The Client may subscribe to one of the services offered and shall, over a twelve-month period, have access to the service within the limits of the subscribed offer, as per the current rate on the day of the order.

2.2 Any order that shall not have been preceded by an offer in writing from Studio Harcourt Hong Kong shall only be binding upon the company upon written acceptance having been provided by Studio Harcourt Hong Kong.

2.3 Neither the sales persons nor representatives of Studio Harcourt Hong Kong have power of representation in the absence of written acceptance. The sales that they negotiate therefore only become binding once Studio Harcourt Hong Kong sends its written acceptance of the order.

 

Article 3 – Rates and Methods of Payment

3.1 Invoices are payable, in the invoicing currency, to the office of Studio Harcourt Hong Kong at 18th Floor, No. 18 On Lan Street, Central, Hong Kong, no later than fifteen days after the invoice date.

3.2 All invoices are subject to a deposit amounting to 50% of the total value of the service provided. In the event of a cancellation, the down payment is payable in its entirety to the service provider, except in cases of duly demonstrated and proven force majeure.

3.3 All claims relating to an invoice must be sent in writing to Studio Harcourt Hong Kong at 18/F, No. 18 On Lan Street, Central, Hong Kong, within eight calendar days of receipt. Failing this, the Client can no longer challenge the invoice.

3.4 In the event of failure to pay an invoice by its due date, payment for all of the invoices shall immediately become due.

3.5 All overdue invoices shall automatically and without formal notice be subject to interest on overdue payment of 2% per month on the invoice amount.

 

Article 4 – Time Limits

4.1 Unless express warranty is given in the specific terms and conditions, the delivery times specified in the specific terms and conditions are not strict deadlines. Studio Harcourt Hong Kong may only be held liable should the delay be considerable and attributable to Studio Harcourt Hong Kong’s gross negligence.

4.2 Subject to Article 4.1, the Client may not cite turnaround times to seek the termination of the contract, to claim damages or to invoke any other claim, unless otherwise expressly accepted in writing by Studio Harcourt Hong Kong.

 

Article 5 – Intellectual Property of the Content

5.1 The licence includes the right to use download document model , provided that said model is strictly limited to personal use.

5.2 The Client shall have no intellectual property rights on the photographs and shall therefore not redistribute the available models. Negatives and digital media are and shall remain the exclusive property of Studio Harcourt Hong Kong and Studio Harcourt Paris. Rights to use shall be subject to prior agreement.

5.3 All signed photographs, regardless of how they are presented, are protected by legislation applicable to intellectual property and, as such, shall be afforded the worldwide protections granted by copyright legislation.

5.4 As such, any use(s) other than those strictly authorized by law or these General Terms and Conditions constitutes infringement and shall be sanctioned by the Copyright Ordinance, Chapter 528 of the Laws of Hong Kong as amended from time to time. Further, the Client agrees that the rights of use granted by Studio Harcourt Hong Kong and Studio Harcourt Paris shall formally exclude any distortions, modifications and/or cropping of the original photographs and/or elimination of the signature.

 

Article 6 - Guarantees

6.1 Studio Harcourt Hong Kong guarantees that the elements created and provided to the Client respect the rights of third parties and are not illegal.

6.2 Studio Harcourt Hong Kong assumes no liability in the event of Internet service interruption or data loss caused by an Internet service provider with no direct relation to Studio Harcourt Hong Kong. Likewise, when a Web site hosting service or email service has been requested by the Client, Studio Harcourt Hong Kong cannot be held liable for direct or indirect damages caused by a temporary interruption of the services of its suppliers.

6.3 In the event of claims made by third parties concerning the Client’s use of the service offer made by Studio Harcourt Hong Kong and Studio Harcourt Paris, the Client undertakes to compensate Studio Harcourt Hong Kong.

 

Article 7 – Limitations of Liability

7.1 When the provision of services is completed, Studio Harcourt Hong Kong shall bear no other liabilities . Accordingly, Studio Harcourt Hong Kong and Studio Harcourt Paris shall not be liable for any damages incurred by the Client following modifications made to the service offered by the Client or an Internet user or anyone who is not part of the staff of Studio Harcourt Hong Kong and Studio Harcourt Paris.

 

Article 8 – Validity of Electronic Exchanges

8.1 The Client recognizes the validity and the probative value of the electronic exchanges and records carried out by Studio Harcourt Hong Kong and accepts that said records have the same probative value as a written document bearing a handwritten signature.

 

Article 9 - Termination

9.1 In the event of a breach by the Client of one of its essential obligations, Studio Harcourt Hong Kong reserves the right to immediately and automatically by law suspend the provision of the Service and/or to terminate this contract after formal notice shall have remained unheeded for a period of one month or, without prior notice, in the event of repeated infringements or infringements relating to intellectual property rights on the models.

9.2 In the event of early termination, under no circumstances shall Studio Harcourt Hong Kong reimburse the amounts paid in whole or in part by the Client.

 

Article 10 – Applicable Law and Jurisdiction

10.1 This contract is governed by Hong Kong law. In the event of dispute concerning the application or interpretation of this contract, the parties agree to seek an amicable solution. Failing that, the Courts of the Hong Kong Special Administrative Region shall have sole jurisdiction.

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