Last updated: [date] — Version [1.0]
Article 1 — Purpose and scope
Any booking implies full acceptance of these terms. They prevail over any purchasing conditions of the Client, unless otherwise agreed in writing. Any specific conditions stated on the quote take precedence over these general terms.
Article 2 — Quote and booking
2.1. Every enquiry gives rise to a free quote, valid for [30] days, detailing the chosen package (Start, Light, Premium or Full), options, duration of service, location and any travel costs.
2.2. The booking becomes firm subject to two conditions: (a) return of the quote signed or accepted in writing (email is sufficient), and (b) receipt of the deposit set out in article 4.
2.3. Dates are not held before a firm booking. Where enquiries compete, priority goes to the first deposit received.
Article 3 — Prices
3.1. Prices are expressed in euros. As MomentBox falls under the VAT exemption scheme (art. 56bis of the Belgian VAT Code), no VAT is due or deductible.
3.2. The price includes: the booth and its equipment (SLR camera, studio lighting, touchscreen), printing consumables up to the volume set out in the package, graphic customisation of the photo border, delivery, setup, collection of the equipment and provision of the digital gallery.
3.3. Charged in addition: travel costs beyond [X] km from the business address according to the scale given in the quote, additional hours of service ([X] €/hour started), prints beyond the package allowance, additional options (props, backdrop, guest book, etc.) and, where applicable, parking or site access fees.
Article 4 — Payment
4.1. A deposit of [30] % of the total amount is payable on booking.
4.2. The balance is payable [no later than 7 days before the event / on the day of setup], by bank transfer or electronic payment.
4.3. Failing payment by the due date, late payment interest at the legal rate for commercial transactions accrues automatically. In respect of a consumer Client, any reminder and any compensation are applied in accordance with Book XIX of the Belgian Code of Economic Law: a first free reminder is sent, followed by a period of 14 calendar days before any increase.
4.4. MomentBox reserves the right to suspend the service in the event of non-payment of the balance by the due date.
Article 5 — Right of withdrawal
5.1. In accordance with article VI.53, 12° of the Belgian Code of Economic Law, the 14-day right of withdrawal does not apply to services relating to leisure activities supplied on a specific date. Photo booth hire for a dated event falls under this exception.
5.2. The Client nevertheless retains the option to cancel under the conditions of article 6.
Article 6 — Cancellation and postponement
6.1. Cancellation by the Client (to be notified in writing):
- more than [60] days before the event: deposit refunded up to [50] %;
- between [60] and [15] days: deposit retained as compensation;
- less than [15] days: [100] % of the total amount remains due.
6.2. Postponement: one postponement is accepted free of charge if the request is made more than [30] days before the event and the new date is available. The deposit is transferred to the new date.
6.3. Cancellation by MomentBox: should it prove impossible to provide the service (major breakdown, accident, illness), MomentBox will endeavour to offer an equivalent replacement. Failing that, all sums paid are refunded within 14 days, with no further compensation.
6.4. Force majeure: the following are notably considered cases of force majeure: weather making access impossible, administrative prohibitions, general strikes and public health measures. Obligations are suspended and the parties seek a postponement in good faith.
Article 7 — Client obligations
The Client undertakes to provide, at their own expense:
- a stable, sheltered space of approximately [2 × 2 m], indoors or under waterproof cover;
- a dedicated 230 V / 16 A power socket, within [10] m of the location;
- access allowing the equipment to be unloaded and transported (ground level, lift or goods lift; failing which, this must be reported at the time of booking);
- parking in the immediate vicinity for the delivery vehicle;
- a space protected from direct sunlight, rain, sand and liquid splashes.
The Client informs their guests of the presence of the photo booth and of the processing of images, in accordance with the privacy policy.
If the above conditions are not met on arrival and prevent setup, the service is considered due and is charged in full.
Article 8 — Setup, duration and collection
8.1. MomentBox carries out setup before the agreed start time and performs a full test.
8.2. The duration of the service runs from the time agreed in the quote, regardless of actual use by guests.
8.3. Dismantling takes place at the end of the service. Should the Client request deferred collection (the following morning, for example), they assume custody and responsibility until collection.
8.4. Any extension requested on site is charged in accordance with article 3.3, subject to MomentBox's availability.
Article 9 — Custody and damage to equipment
9.1. Throughout the period of provision, the Client assumes custody of the installed equipment and is answerable for it as a prudent custodian.
9.2. The Client is liable for any deterioration, theft or disappearance of the equipment caused by their guests or third parties present, excluding normal wear and technical faults not attributable to abnormal use.
9.3. Repair or replacement costs are charged at cost price, on presentation of supporting documents. A deposit of [X] € may be required for certain packages or types of event; it is refunded within [14] days following collection of the equipment in good condition.
9.4. It is prohibited to move the booth, to operate it other than via the touchscreen, to place drinks on it, or to leave it unattended in a space open to the public.
Article 10 — MomentBox liability
10.1. MomentBox is bound by an obligation of means as regards the technical quality of the shots and prints.
10.2. In the event of a technical fault during the service, MomentBox will do everything possible to restore the service as quickly as possible. If the interruption exceeds [100] cumulative minutes and is attributable to MomentBox, a proportional price reduction is granted pro rata to the period of unavailability.
10.3. MomentBox's liability is in any event limited to the total amount of the service invoiced, and excludes indirect damages (loss of business, moral prejudice, ancillary event costs).
10.4. MomentBox cannot be held liable for the quality of a photograph resulting from the behaviour of participants, nor for the content of the images they produce.
Article 11 — Photographs, image rights and content
11.1. Photographs remain the property of the individuals photographed as regards their image rights.
11.2. The Client warrants having informed their guests of the presence of the photo booth and guarantees compliance with this obligation.
11.3. MomentBox uses no image from the event for promotional purposes without prior, explicit written authorisation from the Client and from the identifiable individuals concerned.
11.4. MomentBox reserves the right to interrupt the service, without refund, in the event of the manifest production of unlawful, violent, hateful or sexual content, or in the event of aggressive behaviour towards its staff or equipment.
11.5. Graphic elements supplied by the Client (logo, visuals, fonts) must be royalty-free or covered by a valid licence; the Client indemnifies MomentBox against any third-party claim.
Article 12 — Graphic customisation
12.1. After confirmation of the booking, MomentBox gathers the necessary information and submits a proposal for the customised border.
12.2. The Client is entitled to [2] rounds of amendments included. Any further request is charged at [15] €.
12.3. Written approval of the design by the Client is final: no modification is possible after integration into the booth, and at the latest [7] days before the event.
12.4. Failing approval within this period, MomentBox integrates the last version proposed, without its liability being engaged.
Article 13 — Complaints
Any complaint relating to the service must be sent in writing and with reasons to contact@momentbox.be within 8 days following the event. After this period, the service is deemed accepted without reservation.
Article 14 — Partial invalidity
Should any clause of these terms be declared void or inapplicable, it shall be deemed unwritten and replaced by a provision of equivalent effect, without affecting the validity of the other clauses.
Article 15 — Governing law and jurisdiction
15.1. These terms are governed by Belgian law.
15.2. In the event of a dispute, the parties shall endeavour to reach an amicable solution. Failing that, the courts of the judicial district of Hainaut, Charleroi division, shall have sole jurisdiction. In respect of a consumer Client, mandatory legal rules of jurisdiction remain applicable, allowing them to bring proceedings before the court of their domicile.
15.3. A consumer Client may also refer the matter to the Consumer Mediation Service (www.mediationconsommateur.be) or to the European online dispute resolution platform (ec.europa.eu/consumers/odr).