Terms and conditions
These Terms explain the terms and conditions under which you may use our website as well as the products and services we offer. By accessing or using the site, products and services, you approve that you have read, understood, and agree to these Terms.
1. Description of service
www.niophoto.com, hereafter referred to as the Website, shows the work of landscape photographer Johan Peijnenburg. It offers visitors the possibility to purchase prints and license his photographs. Additionally, it provides the opportunity of hiring Johan to provide education or execute assignments.
2. Who can use this website?
NiO Photography is open to everyone.
These Terms apply to all visitors, users and others who access or use the Website. By accessing or using the Website, you agree to accept these Terms of use and that are bound by them. If you disagree with any part of these Terms, please refrain from using our site. We reserve the right to withdraw or amend the services we provide on our Website without notice.
When using our Website, you are responsible for maintaining the confidentiality of your account. You agree to accept responsibility for any activities or actions that occur under your account. Besides that, you are responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and that they comply with them.
You are not allowed to use the Website or receive products and services if doing so is prohibited in your country or under any law or regulation applicable to you.
3. Licensing photographs for commercial use
You need a commercial use licence if you or your organisation intends to use the photograph for business or work purposes. For instance, to use the photograph in editorials, advertisements, website banners, sales materials. You also need a commercial use licence in case you plan to create prints to hang in offices and lobbies. We use a rights-managed licensing model to determine the licence fee for commercial use licences. The use of a rights-managed licensing model means that you or your organisation purchase a licence for a specific purpose, a specific region, a specific duration, and for a specific organisation. The licence fee varies based on these parameters.
Upon purchasing a licence from us, you declare that you accept NiO Photography’s Terms in full. Additionally, you agree that: (i) You are responsible for reading the full licence agreement before committing to purchasing a licence; (ii) You enter into a legally binding contract to purchase a licence when you commit to buy a licence, and you complete the check-out payment process.
Additional information about licensing photographs is available on the licensing faq’s page.
4. Licensing photographs for personal use
A personal use licence is appropriate in case you intend to use the photograph strictly personal. For instance, to create a print to hang in your home, as a screensaver, in wedding announcements, in online personal profiles, etc. This licence, however, prohibits you from using the photograph for anything but strictly personal use or limited educational use (e.g. school projects or single-classroom education). The fee for a personal use licence depends on the file size that you select upon purchasing the licence.
Upon purchasing a licence from us, you declare that you accept NiO Photography’s Terms in full. Additionally, you agree that: (i) You are responsible for reading the full licence agreement before committing to purchasing a licence; (ii) You enter into a legally binding contract to purchase a licence when you commit to buy a licence, and you complete the check-out payment process.
Additional information about licensing photographs is available on the licensing faq’s page.
5. Downloading licensed photographs
Once we receive your payment, you will be able to download a file that contains the photograph that you licensed.
In case you purchased a commercial use licence, the download will contain a full-size TIFF version in the ProPhoto RGB colour space. When you purchased a personal licence, it will contain a JPG version in the Adobe RGB colour space.
For security reasons, the photograph is only available for download in your account section for five days after the purchase. After that period we will provide you with a new download link on request.
6. Purchasing prints
You can use this Website to purchase prints. When buying a print, you agree that (i) You are responsible for reading the full print information before committing to buy it. (ii) You enter into a legally binding contract to purchase a print when you commit to buy a print, and you complete the check-out payment process.
We reserve the right to change our prices for prints at any time and to correct pricing errors that may inadvertently occur.
Print orders can be cancelled or changed as long as the actual printing has not yet started. Please get in touch as soon as possible in case you want to cancel or change your print order.
Please note that we are not responsible for import duties or taxes levied during customs clearance in case the print ships to your delivery address from abroad! Customs clearance is handled for you by the company that ships the print. You will have to settle the import duties and taxes with them yourself, upon delivery.
For more information about purchasing prints, please refer to the buying fine art prints faq’s page.
7. Buying services
We offer photography workshops and coaching, as well as the option to hire Johan Peijnenburg for photography assignments. We will provide you with a personalised fee quote for these services and any other charges you may incur in connection with your use of these services once the scope, location and timing of the services have been discussed and clarified.
8. Warranties
For our unmounted prints, we only use high-quality museum grade papers. These papers comply with the ISO 9706 standard for maximum longevity. They will last at least a century. Therefore we offer a lifetime warranty against fading and will replace the print at no charge for as long as you own it.
For product licences, we do not offer a warranty. We provide digital versions of licenced photographs as they are. If you would like to make sure that the image quality is in line with your expectations before purchasing, we will gladly send you a sample of the photograph.
9. Return and refund policy
Prints are carefully packed. Should your print, however, be damaged in transit, please let us know directly after your print arrives. We will need you to attach a photograph of the damaged print and packaging. Once we have confirmed the damage, just return the print to us, and we will send you a new print free of charge.
To keep the prints looking great, you should handle them with care and if they are unmounted preferably framed right away. We strongly recommend the use of cotton gloves when handling unmounted prints. Also, avoid overly rubbing the surface! The delicate surface of print papers is less resistant to scratches than that of other kinds of papers.
Please note that we cannot be held responsible for damage that occurred during framing or mounting the print!
We will pay for shipment of print replacements to you, and you will be responsible for return shipment of the prints to us. If we are unable to replace the print within a reasonable time, you will be entitled to a full refund.
As mentioned in Section 6 “Warranties”, we do not offer refunds for licence purchases. We do offer the possibility to upgrade your licence to a more comprehensive licence upon request.
10. Copyright
In all cases, the copyright of the photographs licensed and printed remains with Johan Peijnenburg. National and international law protects all photographs offered by NiO Photography. Any licensing of photographs by NiO Photography strictly follows the outlined licence agreement.
The printed and digital versions of photographs, services provided and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related to that, are the exclusive property of Johan Peijnenburg.
Except as explicitly provided herein, nothing in these Terms shall be deemed to create a licence in or under any such Intellectual Property Rights. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
11. Right to suspend or cancel your user account
We may permanently or temporarily terminate or suspend your access to your account section without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and any services at any time.
12. Payment services
Data security is critical to use. Therefore we use Stripe as our gateway for credit card payments. Stripe is a global online payment processor that thousands of businesses across the globe trust. It uses the most stringent security standards. All payment transactions are encrypted and processed over a secure SSL connection. We do not store your sensitive card information on our server.
13. Indemnification
You agree to indemnify and hold the Johan Peijnenburg harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the products and services offered on the website.
14. Limitation of liability
To the maximum extent permitted by applicable law, in no event shall NiO Photography be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this website and our products and services.
To the maximum extent permitted by applicable law, NiO Photography assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorised access to or use of our secure servers and any personal information stored therein.
15. Right to change and modify products and services
We may, without prior notice:
- Change the product and services we offer.
- Stop providing the products and services or any features of the products and services we offer.
- Create limits for products and services.
We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or no reason.
16. Right to change and modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, please review this page periodically. When we substantially change the Terms, we will inform you. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
17. Privacy
Your trust is of the utmost importance to us. Therefore, we commit to protecting any personal data that is collected and processed when you interact with us online or via mail. Please refer to our privacy policy to learn more about how we treat your data.
18. Applicable geography
These Terms apply to all customers and users of this Website, regardless of their country of residence.
19. Applicable law and dispute resolution
These Terms, the rights and remedies provided hereunder, as well as any claims and disputes related hereto and to the products and services, shall be governed by, construed under and enforced in all respects solely and exclusively by the internal substantive laws of Switzerland, without respect to its conflict of laws principles. Any such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Bern, Switzerland. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
20. Salvatory Clause
If any part of these Terms should be invalid for any reason, it is to be replaced with a corresponding text, which is valid and equivalent to the intended meaning. The rest of the agreement shall remain unaffected and valid.