Terms of Sale

1 · Scope

1.1. These Terms of Sale (hereinafter the “ Terms of sale ”) apply to every invoice issued by Hani Kanaftchian trading as ‘Hani Kanaftchian’ in connection with his professional photography and online sale of gift vouchers on the website www.kanaftchian.com.

1.2. They cover, in particular, studio and outdoor sessions (portrait, studio, couples, maternity, family, corporate, events, parties, sports, property, landscapes, weddings and workshops), video production, 360° virtual tours, and the sale of gift vouchers.

1.3. Excluded services. Services relating to web development, design, hosting, maintenance, digital strategy and SEO invoiced under the brand Kanexio are governed by separate terms of sale, available at kanexio.com/conditions-generales/. In case of doubt, the invoice heading determines which terms of sale apply.

1.4. Every order based on a quote, paid booking or gift voucher purchase on www.kanaftchian.com requires the Client's express acceptance of these terms of sale. A free phone appointment presented as non-binding does not, by itself, constitute a paid order. The terms of sale can be consulted at any time at www.kanaftchian.com/en/terms-of-sale and can be downloaded as a PDF using the ‘Print / PDF’ button in the contents panel.

1.5. Any general purchasing conditions of the Client are binding on the Service Provider only if expressly accepted in writing. Otherwise, these terms of sale prevail.

2 · Service provider details

• Hani Kanaftchian, operating as a sole trader under the trading name Hani Kanaftchian (the ‘Service Provider’).
• Business address: Rue Vanderkindere 524, 1180 Uccle (Brussels), Belgium.
• Enterprise / VAT number: BE 0541 771 724.
• Email: hani@kanaftchian.com.
• Phone: +32 485 87 88 42.
• Bank account: stated on the invoice.
• Website: www.kanaftchian.com.

3 · Definitions

For the purposes of these terms of sale:

• Client : any natural or legal person who books a service or purchases a gift voucher from the Service Provider.
• Consumer (« B2C ’): any natural person acting for purposes outside their trade, business, craft or profession, within the meaning of Article I.1, 2° of the Belgian Code of Economic Law.
• Business Client (« B2B ’): any natural or legal person acting in the course of their professional activity.
• Service : all photography services provided (preparation, session, post-production and delivery).
• Private gallery : the secure online space where the Client can view and download their retouched photographs.
• Gift voucher : a named voucher issued as a PDF, bearing a unique code and a prepaid amount, entitling the holder to one or more photography services under the conditions of Article 11.
• Session : an appointment reserved for taking photographs and, where included in the offer, making the final selection on site. Its duration and format are specified in the quote or booking confirmation.

4 · Services offered

4.1. The Service Provider offers the following services, with details and prices published at www.kanaftchian.com and confirmed in the booking summary or, for bespoke services, in the quote:

• Essential Portrait · €290 incl. VAT in the studio or €390 incl. VAT outdoors; 45 minutes including final selection on site; 1 to 2 people; 1 to 2 outfits; 1 backdrop; 5 finished photographs.
• Signature Portrait · €490 incl. VAT in the studio or €590 incl. VAT outdoors; 1½ hours including final selection on site; 1 to 4 people; 1 to 3 outfits; 10 finished photographs.
• Family Session · €590 incl. VAT in the studio or €690 incl. VAT outdoors; 1½ hours including final selection on site; 5 to 6 people; 1 to 2 outfits; 10 finished photographs. For more than 6 people, a quote is required.
• Révélation · an introspective portrait · €690 incl. VAT in the studio or €790 incl. VAT outdoors; 2 hours including final selection on site; 1 person; 1 to 3 outfits; 10 finished photographs.
• The Experience · Studio & outdoors · €990 incl. VAT; 1 to 2 people; two separate dates comprising 1½ hours in the studio and 1½ hours outdoors; 10 distinct images per date, making 20 distinct images, each delivered in colour and black and white with advanced retouching, for a total of 40 files.
• Upgrade from Essential Portrait to Signature Portrait · supplement of €200 incl. VAT. This change should be arranged in advance wherever possible. On the day, it is accepted only if the following appointment is free and must be decided before the final selection.
• Corporate Signature · individual studio portrait session, 1 hour 30 minutes, from €490 excluding VAT, with 4 to 10 photographs chosen by the Client, with no surcharge based on the number chosen within this range, available for direct booking; corporate reportage from €690 excluding VAT for 1 hour, by quotation.
• Events · flexible hourly packages from €690 excl. VAT, by quotation.
• Wedding photography · The Essential, up to 8 hours, €1,900 incl. VAT; The Signature, up to 12 hours, €2,400 incl. VAT; The Complete, a full day, €2,700 incl. VAT. The exact services are confirmed in the quote; see Article 9.
• Property photography (B2B estate agencies) · prices excluding VAT, prepaid packages for several properties, valid for 12 months from payment. An extension may be agreed in writing before expiry.
• One-to-one workshop · 4 hours for €400 including VAT; groups and other formats by quotation. The RAW files from the training are made available to the Client.
• Video and Google virtual tour · by quotation.
• Gift vouchers · sold online (Article 11).

4.2. Prices are quoted incl. VAT (including Belgian VAT at 21%) for Consumers, and excl. VAT for Business Clients where explicitly stated (particularly corporate, event and property photography). As the Provider is VAT registered, every invoice gives a breakdown of the amount excluding VAT, VAT and the total including VAT.

4.3. The Provider may change prices and the catalogue at any time. The applicable prices are those shown in the summary accepted during direct booking, in the accepted quotation, or at the time of online purchase for gift vouchers.

4.4. Prepaid property photography packages (business clients). After the 12 months, or the agreed extension, each unused shoot retains the amount excluding VAT actually paid for that shoot within the package. This amount can be applied to future property shoots, with no additional contractual expiry date, subject to statutory limitation periods. New shoots require a quotation at the rates then in force, accepted before the work begins; any additional amount payable is stated in the quotation. Non-use alone does not entitle the client to a refund. Statutory rights and any refund due if the Photographer cannot provide the service remain unaffected. This rule applies only to professional property photography packages, not to gift vouchers.

5 · Quotes, orders and formation of the contract

5.1. For bespoke services (weddings, events, team or on-site corporate photography, large property assignments and video), a quotation is provided free of charge and remains valid for 30 days from the date of issue, unless otherwise stated.

5.2. For standard sessions available for direct booking, requests are made online at www.kanaftchian.com/en/book-a-session. No deposit is required for a standard session, regardless of the booking date. The full amount is paid on site on the day of the session. A summary email and calendar invitation (.ics) are normally sent after confirmation. Individual corporate portraits in the studio use this direct booking process. Teams, on-site company assignments and other bespoke requests remain subject to a quotation.

5.3. The contract is formed:

• for a quoted service, through express acceptance of the quotation (signature or written confirmation) and, where the quotation requires it, payment of the requested deposit;
• for a service or appointment booked directly online, when the server accepts the request and displays a confirmation with a reference number, after validation by the Client and acceptance of the Terms and Conditions for paid sessions. The summary email provides durable confirmation of the booking; if a technical incident delays it, the confirmation displayed remains valid;
• for a gift voucher, through confirmation of payment via Stripe Checkout.

5.4. The Client guarantees that the information provided is accurate (identity, billing address and VAT number when acting as a business) and undertakes to report any necessary corrections promptly so that accurate documents can be issued.

5.5. Technical steps, language and archiving. The contract is concluded in French. Before final confirmation, the Client can return to previous steps and correct the information entered. Direct booking follows these steps: choosing the service, selecting a time slot, checking the summary, entering contact details, accepting the terms of sale for a paid session, and final confirmation. The Provider archives evidence of the contract; the summary email supplies a copy on a durable medium. The Client may request another copy by writing to hani@kanaftchian.com with their reference number.

6 · Prices, VAT and payment terms

6.1. Currency. All invoices are issued in euros (€).

6.2. Payment · scheduled sessions.

• For every standard session, no deposit is required, regardless of the booking date: the time slot is reserved in the calendar upon confirmation, and the price is paid in full on site on the day of the session (bank transfer, card/Bancontact or cash).
• For weddings, see Article 9.

6.3. Gift vouchers. The amount is payable in full at the time of online purchase, via Stripe Checkout (payment card, Bancontact, Apple/Google Pay). The PDF is generally emailed within minutes of payment confirmation. In the event of an unusual delay, the buyer is invited to contact the Provider without placing another order.

6.4. B2B invoices · standard payment term. Unless otherwise agreed in writing, invoices issued to Business Clients are payable within 30 days net end of month from the date of issue, by bank transfer to the account stated on the invoice.

6.5. Late payment. In the event of full or partial non-payment by the due date:

• B2B : under the Act of 2 August 2002 (transposed by the Act of 28 May 2019), late-payment interest at the increased statutory rate is due automatically and without formal notice, together with a fixed recovery charge of at least 40 € , without prejudice to reasonable recovery costs actually incurred.
• B2C : a first free reminder is sent to the Consumer in accordance with Book XIX of the Belgian Code of Economic Law. The 14-calendar-day period starts on the calendar day after sending an electronic reminder, or on the third working day after sending a reminder by post. Only after this period has expired may late-payment interest and a fixed fee be applied, strictly limited to the amounts permitted by law.

6.6. Good-faith disputes. Any invoice dispute must be notified within a reasonable time by email to hani@kanaftchian.com, identifying the invoice and the grounds for dispute. A delay in notification does not deprive the Consumer of mandatory statutory rights.

7 · Conduct of sessions

7.1. Location. Sessions take place at the chosen location: the Provider’s studio (Rue Vanderkindere 524, 1180 Uccle), an agreed outdoor location, or the Client’s premises for corporate assignments. For Essential Portrait, Signature Portrait, Family Session and Révélation, choosing outdoors instead of the studio adds €100 incl. VAT to the studio price; this supplement is already included in the displayed outdoor prices. The Experience includes both locations. Travel outside the Brussels-Capital Region may incur a supplement specified in the quotation.

7.2. Duration and session structure. For Essential Portrait, Signature Portrait, Family Session, Révélation and The Experience, the stated duration includes photography, outfit changes and the final selection on site; no separate period is added. For other services, the session structure and any selection time are as specified in the service description or quotation. The Client undertakes to arrive on time; any lateness is deducted from the scheduled duration. Any extension or change to the package remains subject to the Provider’s agreement and availability.

7.3. Weather and outdoor conditions. Outdoor sessions depend on the weather. If conditions are clearly unfavourable (thunderstorms, persistent rain or strong winds), the Provider offers the Client a free rescheduling to a mutually agreed date.

7.4. Artistic direction. The Provider retains full artistic and technical control of the session (lighting, framing, technical preselection and retouching). For the five private packages named in Article 7.2, the Client selects the final photographs on site from the technically valid images preselected by the Provider. For other services, the selection method is as specified in the service description or quotation. The Client’s wishes are taken into account wherever possible but do not bind the Provider’s technical and aesthetic choices.

7.5. Conduct. The Provider may stop a session in the event of objectively serious, dangerous or degrading behaviour (including harassment, discriminatory remarks or obvious intoxication), after a warning where circumstances permit. Only the part actually performed remains payable; direct, reasonably foreseeable and proven loss may also be claimed, after deducting costs saved.

8 · Cancellation, rescheduling and non-attendance

8.1. Cancellation or rescheduling by the Client · standard sessions.

• Up to 24 hours before the session, including that exact time : cancellation or rescheduling is free of charge. The Client is simply asked to give notice as soon as possible so that the time slot can be released.
• Less than 24 hours before the session, including late rescheduling or unjustified absence (no-show) : no amount is charged automatically. Reasonable compensation may be requested only up to the direct, reasonably foreseeable and actually proven loss, after deducting services not performed, costs saved and amounts recovered if the time slot was rebooked.

These conditions do not affect any applicable right of withdrawal or prevent individual consideration of duly substantiated force majeure. Any compensation is explained and calculated in writing; it is never charged automatically.

8.2. Cancellation by the Provider. In the event of force majeure or circumstances beyond the Provider’s control, the Provider offers rescheduling to a mutually agreed date or a full refund of amounts paid for the unperformed service. Where cancellation is attributable to the Provider, the Client may choose between reasonable rescheduling and a full refund, without prejudice to compensation for direct, certain and reasonably foreseeable damage proven under ordinary law.

8.3. Successive rescheduling. Any rescheduling requested up to 24 hours before the session, including that exact time, remains free of charge. The new date is chosen according to availability and is subject to the same conditions. Rescheduling required by force majeure never automatically constitutes cancellation.

9 · Weddings: specific terms

9.1. Deposit and balance. For wedding coverage, a deposit of 50 % is due at the time of booking to secure the date; the remaining 50% is due on the wedding day (before or during the ceremony, upon presentation of the invoice).

9.2. Cancellation by the Client.

• More than 90 days before the wedding: up to the amount of the deposit;
• between 90 and 30 days: up to 75% of the total amount;
• less than 30 days: up to 100% of the total amount.

These percentages are caps. The compensation actually claimed is limited to direct, proven and reasonably foreseeable loss, after deducting services not performed, costs saved and any income received by rebooking the date. The calculation is supplied to the Client on request. If the Provider cancels, Article 8.2 applies.

9.3. Weddings abroad. The Provider’s travel, accommodation and meal expenses (and those of any second photographer) are borne by the Client and specified in the quotation. If cancelled, only non-refundable expenses actually incurred and substantiated may be claimed, provided they are not already covered by the compensation calculated under Article 9.2.

9.4. Delivery. Unless a different deadline is expressly stated in the quote, the complete gallery is delivered within 8 to 16 weeks after the wedding. For a full day, it generally includes 300 to 600 edited high-resolution photographs, delivered via a download link and on a USB drive, with gallery access for 6 months. An early initial selection is only due when expressly provided for in the quote.

9.5. Force majeure affecting the Client. In the event of cancellation due to documented force majeure affecting the Client (death of a loved one, serious illness), the Provider offers free rescheduling to an agreed date within 18 months, upon presentation of supporting documents.

10 · Delivery of photographs

10.1. Delivery times. Unless otherwise stated in the quote, indicative delivery times for services other than weddings are: 7 to 10 days for portrait, couple, maternity, family, individual corporate portrait, Révélation and The Experience sessions, in the studio or outdoors, 5 to 7 working days for standard event coverage, 2 to 4 weeks for corporate or event assignments with a large volume of images. For weddings, the complete gallery is delivered within 8 to 16 weeks at most. Options for delivery of the complete gallery within 7 days or 48 hours only apply when expressly stated in the quote and confirmed as feasible. These periods start from the actual session and, where the balance is already due, from its full payment.

10.2. Delivery format. Images are delivered through a private online gallery, with a high-resolution download link (high-resolution JPEG, sRGB). No RAW files (digital negatives) are delivered unless agreed in writing beforehand. RAW files created during a workshop are made available to the Client.

10.3. Number of images and finishes. For Essential Portrait, Signature Portrait, Family Session and Révélation, the number included is the total number of distinct final photographs; each is delivered in colour or black and white at the Client’s choice, without combining both versions. Each additional photograph costs €50 incl. VAT and is delivered in one of these two finishes. The Experience includes 20 distinct images, each delivered in colour and black and white with advanced retouching, totalling 40 files; each additional image costs €50 incl. VAT and includes both versions. For other services, the number of images, finishes and prices of additional images are as stated in the service description or quotation.

10.4. Selection. The Provider makes an initial selection based on technical and aesthetic criteria. For the five private-client packages named in Article 7.2, the Client chooses their final images on site, and this selection is included in the stated session duration. For Essential Portrait, the 10-minute discussion on site is additional to the 45 minutes of session and selection. A preliminary conversation is offered but optional. For other services, the selection method and schedule are those stated in the service description or quote. Unselected images are not retained for more than 30 days after delivery.

10.5. Storage. The Provider stores the retouched photographs on its servers for 1 year from delivery. After that period, the Client is responsible for having made backups; restoration cannot be requested.

10.6. Prints, albums and options. Paper prints, photo books, framing and other physical products are available as optional extras, subject to a quotation and their own delivery times (generally 2 to 4 weeks after approval of the print proof).

11 · Gift vouchers

11.1. Purchase. Gift vouchers are sold exclusively online at www.kanaftchian.com/en/photography-gift-voucher, paid in full upon ordering via Stripe Checkout. No telephone or in-person order gives rise to a gift voucher.

11.2. Format and delivery. The gift voucher is delivered as a personalised PDF by email, usually within minutes of payment confirmation. If there is an unusual delay, the buyer should contact the Provider without making a second purchase. The PDF contains the recipient’s name (if supplied), the amount, a unique code and the expiry date.

11.3. Available values. The gift voucher is available in fixed amounts of €290, €490 or €990 incl. VAT. The names ‘Essential Portrait’, ‘Signature Portrait’ and ‘The Experience · Studio & outdoors’ help buyers choose the amount to give: they do not fix a service, duration or number of photographs. The recipient chooses the final service, which is confirmed at the rates applicable when booking.

11.4. Validity. The gift voucher is valid 1 year from its date of issue. An extension can be granted following a reasonable request to the Provider before the expiration date ; this remains subject to the Provider’s approval and is limited to an additional 6 months.

11.5. Use. The gift voucher can be used for all photography services offered by the Provider, up to its value and during its validity period, by both private and business clients. Its value is deducted from the service total including VAT. It is not applied automatically in the online booking calendar: before booking, the beneficiary contacts hani@kanaftchian.com and provides the code. The Provider then checks its validity and confirms in writing the booking, the amount applied and, where applicable, any remaining balance. This balance can be used until the voucher expires but is not refundable in cash. Any amount above the voucher value needed to cover the service price is payable by the beneficiary under the usual terms (Article 6).

11.6. Transferability. The gift voucher is personal and issued in a named recipient’s name. It may be transferred to a loved one upon a written request to the Provider stating the code and the new recipient. Resale for profit is strictly prohibited and may result in the voucher being deactivated after verification, without prejudice to the buyer’s mandatory rights or individual consideration of their circumstances.

11.7. Loss/theft. The gift voucher code is confidential. In the event of loss or theft, Provider may, at its discretion and upon presentation of the original purchase email, re-issue the voucher with a new code and deactivate the old one.

11.8. Non-reimbursement after the withdrawal period. After the legal withdrawal period referred to in article 12, and except in cases in which the law requires reimbursement, in particular in the event of non-performance of the service, the gift voucher is neither refundable nor convertible into cash. Its validity period may be extended according to article 11.4 and it may be transferred according to article 11.6. If the voucher was used during the withdrawal period, the consequences are determined according to the state of execution of the service and the consents given, in accordance with article 12.

12 · Right of withdrawal (Consumers only)

12.1. Under Article VI.47 et seq. of the Belgian Code of Economic Law, a Consumer entering into a distance contract has 14 calendar days to exercise the right of withdrawal, without giving a reason or incurring a penalty.

12.2. Start of the withdrawal period. The 14-day period starts on the day after the contract is concluded. This occurs as set out in Article 5.3: confirmation of the Stripe payment for a gift voucher; express acceptance of the quotation followed by payment of the deposit where the order is conditional on that payment; or a confirmation with a reference displayed at the end of a direct booking without online payment.

12.3. Exercising the right. The Consumer exercises his right by notifying his decision by email to hani@kanaftchian.com or by post to the head office address, by means of an unequivocal declaration. He can use the template below, but this is not obligatory.

12.4. Refund. The Provider reimburses the sums paid within a period of 14 days from receipt of the notification, by the same means of payment as that used for the order, unless other means expressly agreed with the Consumer and without charge therefor.

12.5. Exceptions to the right of withdrawal (Article VI.53 of the Code of Economic Law):

• the service has been fully performed before the end of the period, following the Consumer’s prior express request and acknowledgement that the right of withdrawal is lost once the contract has been fully performed;
• the provision of services linked to leisure activities when the contract provides for a specific date or period of execution, but only if the photographic service concerned actually falls within this legal exception; simply setting an appointment does not automatically entail loss of rights;
• the supply of goods made to the Consumer’s specifications or clearly personalised;
• the supply of digital content not on a tangible medium, once performance has begun with the Consumer’s prior express consent and acknowledgement that the right of withdrawal is lost.

If the Consumer expressly requests that the execution of a service begins before the end of the period and then withdraws before its complete execution, it remains liable for an amount proportional to the part already executed, within the limits provided by law.

12.6. Special case of gift vouchers. The legal right of withdrawal can in principle be exercised within 14 days from the day after the conclusion of the contract. The request can be sent simply to hani@kanaftchian.com. After this period, the voucher is neither refundable nor exchangeable for cash, unless mandatory law provides otherwise. If the voucher has already been used during the 14 days, the effects of withdrawal depend on the stage of performance and the consents given. Booking or starting a service using the voucher only extinguishes this right if the legal conditions described in Article 12.5 are actually met.

12.7. Special case of sessions booked online. In principle, subject to statutory exceptions, the 14-day withdrawal period applies to session contracts concluded at a distance. The exception for certain leisure services provided on a specific date or during a specific period applies only if the session actually falls within that category; booking a date alone is not sufficient to assume this. If the Client expressly requests that the service start before the period ends and subsequently withdraws, an amount proportionate to the service already performed remains payable. The right is lost after full performance only if the Client has previously requested that performance and expressly acknowledged this consequence, as required by law.

12.8. B2B. The right of withdrawal does not apply to contracts with Business Clients.

13 · Statutory guarantee of conformity (Consumers)

13.1. In accordance with articles 1649bis et seq. of the Civil Code and Book VI of the Code of Economic Law, the Consumer benefits from a statutory guarantee of conformity lasting 2 years from delivery of the goods (e.g. prints, photo books).

13.2. For photography services (conducting sessions), the Provider must exercise the care and skill customary in the profession and reasonably expected of an experienced professional photographer.

13.3. Any complaint about a lack of conformity must be notified by email within a reasonable time and no later than 2 months after discovering it, to hani@kanaftchian.com.

14 · Intellectual property

14.1. Copyright. The Provider remains, in all circumstances, the exclusive holder of the economic and moral rights over the photographs taken, in accordance with Book XI of the Code of Economic Law and the Berne Convention.

14.2. Licence granted to the Client. Unless otherwise expressly assigned in the quote or covered by the professional licence provided for in Article 14.3, upon delivery and after full payment the Client is granted a non-exclusive, non-transferable licence limited to private and family use of the edited photographs (personal printing, non-commercial sharing with loved ones, publication on personal social media with a photo credit recommended).

14.3. Commercial or professional use. For corporate portraits and reportage, the price includes a non-exclusive, non-transferable licence for the Client’s website, organic social media and internal communications. The quote specifies the images covered, the duration and the territory of this licence. Paid advertising campaigns, reuse by third parties and any use outside this scope require an additional licence and a fee agreed in the quote before use. For other services, the permitted professional uses are specified in the quote.

14.4. Photo credit. For personal, non-commercial publication, the credit ‘© Hani Kanaftchian’ is appreciated but optional. For professional or commercial use, any credit requirements are those specified in the quotation or the specific licence.

14.5. Retouching, cropping, modifications. Any substantial modification of the photographs (significant cropping, application of filters, editing, clipping) is prohibited without the prior written consent of Provider. The Provider alone retains the right to make modifications to its works after delivery.

14.6. Resale, transfer to third parties. The resale, sublicense or transmission of the photographs to a third party for commercial, advertising, editorial or professional exploitation is prohibited without prior written consent. Private, non-commercial sharing with loved ones remains permitted in accordance with Article 14.2.

15 · The Client's image rights

15.1. The Client, in his capacity as the person photographed, retains his image rights in accordance with article XI.174 of the Code of Economic Law.

15.2. Use by the Provider. The Provider may use the photographs for promotional purposes (online portfolio, social media, professional publications and exhibitions) only with the Client’s express consent, obtained in writing (separate form, checkbox in the quote, email exchange).

15.3. Withdrawal of consent. The Client can withdraw its consent at any time by simple email to hani@kanaftchian.com. Provider will remove the photographs concerned from its channels within a reasonable time (15 working days), without prejudice to content already printed or relayed by third parties.

15.4. Minors. For any minor person photographed, consent is obtained from the holder(s) of parental authority.

16 · Personal data (GDPR)

16.1. Data controller. Provider is responsible for the processing of personal data collected as part of the services (identity, address, email, telephone, billing data, content of exchanges, photographs).

16.2. Purposes. The data is processed for: management of reservations, execution of services, invoicing, accounting (legal retention period 10 years), communication relating to the order, and, with consent, prospecting.

16.3. Legal basis. Performance of the contract (Article 6(1)(b) GDPR), legal obligations (Article 6(1)(c)), the Provider’s legitimate interest in day-to-day management (Article 6(1)(f)), and consent for marketing and portfolio use (Article 6(1)(a)).

16.4. Recipients. The data is only communicated to technical subcontractors (Cloudflare hosting, Stripe payment, Brevo transactional emails, Google Calendar and Workspace services) bound by contract in accordance with Article 28 GDPR, and where applicable to the accountant, the tax administration or the judicial authorities.

16.5. Transfers outside the EU. When a subcontractor processes data outside the European Economic Area, the transfer is governed by a mechanism provided for in Chapter V of the GDPR applicable to the service provider concerned, such as an adequacy decision or the standard contractual clauses of the European Commission.

16.6. The Client’s rights. In accordance with Articles 15 to 22 GDPR, the Client has a right of access, rectification, erasure, limitation, opposition and portability, as well as the right to withdraw consent at any time. To exercise these rights, contact hani@kanaftchian.com.

16.7. Complaint. The Client may lodge a complaint with the Data Protection Authority (APD), Rue de la Presse 35, 1000 Brussels, autoriteprotectiondonnees.be.

17 · Liability

17.1. The Provider must exercise reasonable care and skill in performing the services. Each party is liable under ordinary law for faults attributable to it and for the direct, certain and reasonably foreseeable loss they cause the other party.

17.2. Limitations. No limitation applies in cases of fraud, wilful misconduct or gross negligence, harm to life or physical integrity, failure to perform an essential contractual obligation, or where a mandatory rule protects the Consumer. Subject to these exceptions, and only in dealings with a Business Client, the Provider’s total liability is capped at the amount excluding VAT actually paid for the service that caused the loss.

17.3. Nature of the damage. In B2B relationships, losses of business, turnover, profit or opportunity that do not result directly from the breach are excluded, except in cases of fraud, wilful misconduct or gross negligence. For a Consumer, no provision of this article restricts mandatory rights; compensation is assessed under ordinary law based on direct, certain, foreseeable and proven loss.

17.4. Material loss. If digital files are lost or destroyed before delivery for a reason attributable to the Provider, the parties agree, according to the circumstances and the Client’s reasonable choice, on an equivalent new session free of charge or a refund of amounts paid for the unperformed service. This solution does not deprive the Client of any mandatory right or compensation for other direct, proven loss not thereby covered.

18 · Force majeure

18.1. None of the parties may be held responsible for the non-performance of an obligation due to an event of force majeure within the meaning of article 5.226 of the Civil Code: in particular natural disaster, epidemic, pandemic, government health measures, general strike, major electrical or telecommunications network failure, unforeseeable administrative decision.

18.2. Obligations are suspended for the duration of the event. If it continues for more than 60 days, either party may terminate the contract without compensation, with a refund of amounts paid for unperformed services.

19 · Complaints, mediation and amicable resolution

19.1. Any complaint must be sent as a priority and in good faith to the Provider by email to hani@kanaftchian.com. Provider undertakes to respond within 14 calendar days.

19.2. Consumer Mediation Service. If no amicable resolution is reached, the Consumer may contact, free of charge, the Consumer Mediation Service, Boulevard du Roi Albert II 8 (box 1), 1000 Brussels (contact@mediationconsommateur.be).

19.3. Additional guidance. The Consumer may also consult Belmed, the information platform of the FPS Economy, in order to identify an amicable settlement route adapted to your dispute.

19.4. B2B. Business Clients are encouraged to seek mediation before starting court proceedings.

20 · Applicable law and competent jurisdiction

20.1. These terms of sale and all contractual relationships between the Provider and the Client are governed by Belgian law.

20.2. Any dispute will, in the absence of amicable resolution, be subject to the exclusive jurisdiction of the courts of the judicial district of Brussels, without prejudice to the mandatory provisions in favor of Consumer (in particular article 624 of the Judicial Code).

21 · Changes to the terms of sale

21.1. Provider reserves the right to modify these General Terms and Conditions at any time. The applicable version is that in force on the date of the order, the accepted quote or the purchase of the gift voucher. Historical versions can be obtained upon request.

21.2. If a clause of these General Conditions of Sale is deemed invalid or inapplicable by a competent court, the other clauses will remain in full force.