1. Applicability

These Terms of Sale apply to all purchases of digital photos made through the online gallery (Race Day Collections) of Images by Merle. By completing a purchase, the Customer acknowledges and accepts these Terms of Sale, the applicable Digital Photo Licence and, where applicable, the General Terms and Conditions of Images by Merle. In the event of any conflict between these Terms of Sale and the General Terms and Conditions, these Terms of Sale shall prevail with regard to the purchase of digital photos.

2. Prices and Payment

All prices are stated in euros (€) and include VAT, unless stated otherwise. Payment shall be made using one of the available payment methods provided through the online gallery. A purchase becomes final once payment has been successfully completed.

3. Delivery

Following successful payment, the Customer shall receive access to the purchased digital photo(s) via the agreed download method. Delivery shall be deemed completed once the download link has been made available to the Customer.

4. Customer Responsibility

The Customer is responsible for downloading and securely storing the purchased digital photo(s) after delivery. Images by Merle has no obligation to archive, retain or make purchased digital photo(s) available again after delivery.

5. Right of Withdrawal

By completing the purchase, the Customer expressly requests immediate delivery of the digital content. The Customer acknowledges that, insofar as permitted under applicable consumer legislation, the statutory right of withdrawal expires once performance has begun and the digital content has been made available for download. Accordingly, purchases of digital photos cannot be cancelled or refunded after delivery.

6. Technical Issues

Images by Merle endeavours to ensure that all digital downloads function properly. Should the Customer experience technical difficulties with the download, Images by Merle should be contacted without undue delay. Images by Merle shall not be liable for technical problems resulting from the Customer's own device, software, internet connection or incorrect handling of the downloaded files.

7. Intellectual Property and Licence

Ownership of the copyright and all other intellectual property rights in the purchased digital photo(s) remains exclusively with Images by Merle. The Customer receives only the usage rights granted under the applicable Digital Photo Licence and shall comply with all conditions, restrictions and obligations contained therein. No ownership of the digital photo(s) is transferred to the Customer.

8. Liability

To the fullest extent permitted by applicable law, Images by Merle shall not be liable for any indirect, incidental or consequential damages arising from or relating to the purchase, download, storage or use of digital photo(s). Any liability of Images by Merle shall in all cases be limited in accordance with the General Terms and Conditions.

9. Governing Law

These Terms of Sale shall be governed by the laws of the Netherlands. Any disputes arising out of or in connection with these Terms of Sale shall be submitted to the competent court in the Netherlands, unless mandatory law provides otherwise.

10. Contact

Questions regarding these Terms of Sale may be directed to:

• Email: info@imagesbymerle.nl
• Website: www.imagesbymerle.nl