Please read carefully these general conditions before giving your assent and be certain to understand its contents.

While clicking on the button "I agree", you give your assent on the general conditions.

Taking into account the fact that all our products and services are customized to the order of each customer, you do not have the right to cancel any purchase made through the internet site tictacphoto.com.

1.1 By accepting the present general conditions, a convention of licence of use (the “licence agreement”) of the software - editor Tictacphoto (the “editor") will be formed between you (the “user”) and Kordell & Kordell S.A. (the “licence supplier"), with registered office at Rue des Lutins 8, 1190 Bruxelles, Belgique, VAT BE 0464.058.094 – Register for Moral Persons of Bruxelles, infos@tictacphoto.com. The editor makes it possible to purchase finished products. If necessary, it includes all developments and improvements made to it by the licence supplier. The present general conditions take precedence over all other conventions.

1.2 By accepting the present general conditions, a sale contract will also be formed between the user and the licence supplier, in so far as a firm order has been addressed and that an anticipatory payment of the ordered products/services has been carried out.

1.3 The present general conditions and the contracts arising out of them will be filed by the licence supplier for a period of two years.

2.1 The licence supplier grants a nonexclusive right of use of the editor, without any right of sub-licence, within the following limits:

- The editor is used solely to allow, within legal limits, the impression of the numerical photographs delivered by the user to the licence supplier.

- The editor cannot be used for the sending of files which could contain virus or corrupted files, as well as any software which could disturb, tackle or carry any other form of damage to the functioning of a system of any third party, including the system of the licence supplier.

- The editor cannot be used to try to reach the system of any third party, otherwise than by the access to this system in accordance with the purposes of the editor.

- The editor cannot in any technical manner be widened, limited, decompiled, subjected to "reverse engineering" or modified in any other manner than legally allowed.

- The editor cannot serve for the use of images in contradiction with the law, including intellectual property law and any other right of third parties, the public order or the accepted standards of behaviour. This applies particularly to pornography and child pornography, as well as to images protected by copyright or by any other right of intellectual property.

2.2 The licence supplier reserves the right to control the conformity of use of the images with the law, the present general conditions and the rights of third parties. He also reserves the right to refuse images if he considers that they do not abide by the present provision.

2.3 The licence supplier reserves the right to temporarily suspend the access and the use of the editor for maintenance purposes, without engaging his responsibility and without any right of compensation for the user.

3.1 The management of the personal data is done in accordance with the Belgian Law of December 8, 1992 relating to the protection of private life in the management of personal data. The licence supplier is responsible for the data management and records them in a data base which he manages. The user is entitled to access at any time his data and to have them modified. He also has the right to forbid their use.

- Conclusion of the sales contract and supply of information regarding the execution of the order.

- Information on other products and services of the licence supplier as well as on products and services of partners selected on the basis of the user’s personal preferences. If the user does not wish to receive such information, he may contact the customer’s service of the licence supplier (service@tictacphoto.com).

3.3 The data (among other things, the e-mail address provided) are also processed for the compilation of statistics, primarily for the security of the editor and of the licence supplier’s electronic system.

3.4 The editor makes use of Cookies, which are installed on the user’s computer. Cookies are essential in the processing of orders to find the relevant information about the user. This information (such as PC set-up or personal preferences of the user) facilitates the later use of the editor. It does not contain any names, addresses or other personal data, such as for example the provided credit cards data. The user may configure his PC so that it does not accept Cookies. In such case, it could be possible that he will not be able to use all the functionalities of the editor nor to access certain parts of it.

3.5 For technical and operational reasons, it could be necessary that the user’s data be transmitted to companies, related to the licence supplier or to his servers, located in the United States or in other countries out of the European Union, where the regulation on the protection of private life with regard to personal data is different from the European Union’s regulation. The licence supplier will take all the necessary steps in order to protect the user’s personal data in the best possible way.

3.6 This confidentiality agreement, as set out in the present article 3, can be modified at any time. The modifications will be published on the licence supplier’s website at http://www.tictacphoto.com/confidentiality.htm. Should the user disagree with the modification, he shall have to notify the licence supplier of his refusal within eight days from the publication on the Internet. In such case, the previous version of the confidentiality agreement shall remain applicable.

3.7 If the user has any question on the present statement or on the licence supplier’s policy in respect of confidentiality, he may address the customer’s service of the licence supplier at service@tictacphoto.com.

4.1 All texts, graphics, images, scripts, illustrations, software, logos, signs, commercial names, models, figures or indication of distinctive marks (the “creations”), appearing on the internet site tictacphoto.com or object of the licence contract as well as all the rights of intellectual property resting on these creations (trade-marks rights, rights on statutory or commercial names, rights on drawings, rights relating to patents, copyrights, sui generis rights on data bases, rights on know-how and any other intellectual property rights, whether registered or not, including any application in order to obtain any of the aforesaid rights, and any other rights aiming at delivering a similar protection or effect (the “intellectual property rights”), are the property of the licence supplier or, alternatively, are given to him under a licence of which he will remain holder. Any copy, adaptation, translation, modification, or handing over to third parties is prohibited, except for legal exceptions. The user undertakes not to harm, directly or indirectly or through any third party to whom he is associated, the intellectual property rights of the licence supplier and to take all necessary steps in order to ensure their protection. Under this provision, the user shall maintain in good order all mentions of the rights relating to the editor or to the products and services provided by the licence supplier.

4.2 If the licence supplier considers that the editor could harm the rights of any third parties, he will have the choice, 1) to ensure that the user can continue to use the editor, 2) to put at his disposal a similar editor (the judgment on the similarity is left to the licence supplier) or 3) not to authorize the use of the editor anymore and/or to technically block its use. The licence supplier does not take on any responsibility in this respect towards the user.

4.3 The licence supplier can make the editor safe or protect it in any possible way. If the editor is protected in any technical way, the user shall not try to circumvent or to remove such protection.

4.4 Any personal contribution from the part of the user, such as images, pictures, etc. shall be deemed to be his exclusive property.

4.5 In so far as the said contribution appears not to be, totally or partially, the exclusive property of the user, he guarantees to have obtained or, if need be, to obtain all necessary permissions in order to use the said contribution in the course of the sales contract.

5.1 The supplier provides the editor in its actual state, including possible lacks and/or defects.

5.2 The supplier assures that the editor functions as specified in the provided electronic handbook and according to a limited use as described in article 2, i.e. the impression of numerical photographs.

5.3 The licence supplier offers no guarantee whatsoever and shall not be liable for the licence on the editor (including the obsolescence or the inadequacy of the licence as regard the user’s needs and demands) and for the resulting products, except what is expressly provided for in the present general conditions.

5.4 The licence supplier shall not be accountable for delays in the delivery of orders made by the user.

5.5 Notwithstanding the fact that regular back-ups are made, the licence supplier shall not be responsible for the loss of any data stored on his servers.

5.6 If the downloaded editor presents lacks and/or defects or if, in any other manner, it does not function or with difficulty, the user shall have the right to download a new editor as sole form of compensation.

5.7 If, disregarding the provisions of articles 5.1 to 5.6, a Court or any authority should withhold the licence supplier’s responsibility, the total amount of damages shall be limited to 100 €, by event or by series of events which form only one..

5.8 Articles 5.1 to 5.7 will not be applicable in case of fraud or serious offence committed by the licence supplier or in case of physical injury or death of a user. They will not limit any rights held by the user in his quality as consumer, in accordance with mandatory legal provisions.

5.9 The user is and shall remain responsible for his use and access to the editor. He undertakes to guarantee the management and the personnel of the licence supplier, as well as all its contractors and sub-contractors, against any claim reached against any of them as a consequence of his inadequate use of the editor.

The right of use of the editor is granted for an unspecified time. The licence supplier has the right to terminate the contract, at any time, without notice or compensation of any nature if its use is contrary to the law, the public order and the accepted standards of behaviour or to the present general conditions.

7.1 The present general conditions and the contracts arising out of them shall be governed solely by the Belgian law and particularly by the law on remote sales as described by the Act of May 25,1999 amending the Act of July 14, 1991 regarding commercial practices and the information and the protection of the consumer. Any dispute arising out of the present general conditions and their attached contracts shall solely be submitted to the Courts of Brussels.

7.2 The communication between the licence supplier and the user can be done by e-mail.

7.3 If any clause of the present general conditions or of the resulting contracts is declared void by a Court or any other authority, such a decision will not affect in any case the validity of the other clauses of the conditions and of the contracts and the parties agree to replace by mutual agreement the clause that was declared void by another valid clause with similar economic effects.

7.4 The licence supplier will be entitled at any time to transfer whole or part of the obligations rising from these conditions to a third party. Should the user disagree about the said transfer, he will have the right to terminate the present agreement within a period of eight days from the notification of the transfer by the licence supplier.

7.5 The licence supplier will not have to fulfil its obligations if they are rendered impossible to by a case of absolute necessity. By absolute necessity, one understands, in particular but not limited to, the default of implicated third parties or suppliers of the licence supplier as well as any situation which prevents the licence supplier from exerting a decisive control.

7.6 The editor contains confidential information. This information and any other information coming from the application and brought to the knowledge of the user will not under any circumstances be made public and can only be used for the execution of the contracts.

7.7 The production of products or services included in a purchase order is only launched when the sale is firm and final and when the customer has settled his order in advance.

7.9 Any complaint about the delivered product or service can be addressed to Kordell & Kordell S.A., Rue des Lutins 8, 1190 Bruxelles, Belgique, service@tictacphoto.com, within two days from its reception.