Terms and Conditions

Article 1: Definitions

In these general terms and conditions, the following definitions apply:

• Agreement: the assignment agreement between the Photographer and the Client.
• Assignment: the service or product that will be provided by the photographer.
• Photographer: Robin Scholte; RS Photo Art registered in the Chamber of Commerce under 80749925, also user of these general terms and conditions and contractor.
• Client: the (legal) person or persons with whom the photographer has concluded the agreement, also the acceptor of these general terms and conditions.
• Cancel: termination or dissolution of the agreement.
• Written: electronic communication such as e-mail, provided that the identity of the sender and the authenticity of the communication are sufficiently established. The burden of proof regarding receipt of electronic communication lies with the client at all times.
• Use: to reproduce and/or make public within the meaning of the Copyright Act 1912.

Article 2: Application
These general terms and conditions apply to all legal relationships between photographer and client, as well as to all quotations, offers and agreements.

Provisions or conditions set by the client that deviate from, or do not appear in, these general terms and conditions are only binding for the photographer if and insofar as they have been expressly accepted by the photographer in writing.

Article 3: Acceptance of the order
The client must accept the offer explicitly and in writing. If the client fails to do so, but nevertheless agrees, or at least gives the impression, that the photographer performs work in the context of the agreement, then the offer is considered to be accepted.

The photographer reserves the right to refuse an assignment if new information becomes available after acceptance that makes execution unacceptable for the photographer. After acceptance, the agreement can only be changed by mutual consent. In that case, the photographer is entitled to adjust the price owed for the agreement.

Article 4: Execution of the assignment
The photographer will carry out the assignment to the best of his knowledge and ability and in accordance with the requirements of good workmanship, in the style in which the photographer usually works. Photographer makes every effort and will act to the best of his ability in the given and existing circumstances during the photo shoot and/or report.

The client undertakes to make the circumstances for the photographer as favorable as possible and to take measures where necessary, including, but not limited to, instructing other attendees.

The photographer delivers the images in her usual style, whereby a global image optimization is applied to, among other things, light, colour, contrast and cropping. In this case, the photographer will only perform some post-processing to remove or reduce existing elements in the photo, including, but not limited to, eliminating or reducing disruptive elements in the environment and matters of a temporary nature. Post-processing outside of this is only after consultation with the photographer and may incur additional costs.

The Client is obliged to do all that is reasonably necessary and desirable to enable a timely and correct execution of the assignment.

Article 5: Delivery
Photographer only uses estimated delivery times, unless otherwise agreed.

Digital files with Photographic Works are delivered in consultation and in a manner agreed by both parties and are at the risk of the Other Party from the moment of shipment. If no delivery time has been agreed, it will be determined in all reasonableness by the Photographer Digital photo files can, if agreed, also be delivered to the client on a data carrier.

Delivery will not take place before payment for the relevant service, files or product has been received. Unless otherwise agreed, delivery is made by regular mail or parcel service depending on size and value

Article 6: Return procedure, Right of withdrawal
According to the terms of use (and Dutch law): “After purchasing products, the consumer has the option to dissolve the agreement without giving reasons during 14 days. The reflection period starts on the day after the consumer has received the product or a representative designated in advance and made known to the entrepreneur by the consumer.

However, there is an exception to this in the case of ordered customization: “The entrepreneur can exclude the consumer’s right of withdrawal for products that have been created by the entrepreneur according to the consumer’s specifications and for products that are clearly personal”.

Please note: “This only applies if the entrepreneur has clearly indicated this in good time before concluding the agreement”. Therefore, all custom-made products (photo prints, framed works and works under the name Photo Art) cannot be returned.

Article 7: Compensation
If no compensation has been agreed by the parties, the compensation usually applied by the photographer will apply. If it is not possible to speak of a usual fee, the photographer will charge a reasonable and fair fee for the delivered goods.

If it is plausible that the photographer has incurred higher costs and/or has performed additional work, which were reasonably necessary, the photographer will pass this on to the client. The final fee is based on the work performed and costs incurred on the basis of subsequent calculation, taking into account the agreed hourly rate and other commonly used prices.

All amounts stated by the photographer include VAT, unless otherwise agreed.

Article 8: Terms of payment
The photographer will send an (electronic) invoice to the client for the amount owed by the client, unless otherwise agreed. A deposit is only required if expressly agreed.

Unless otherwise agreed, the payment term is 14 days after the invoice date.

Article 9: Cancellation and suspension
If an invoice is not paid within the payment term, the photographer can, after the client has been informed of this, suspend all its work on behalf of the client until the amount of the invoice has been paid.

If the client does not provide the necessary information for the execution of the assignment in time or fails to be present (on time), while this is necessary for the execution of the assignment, the photographer is entitled to suspend or dissolve the agreement. Suspension or dissolution of the agreement takes place in writing.

If the agreement is dissolved by the client no later than 7 days before the start of the work, this can be done free of charge. If the agreement is dissolved by the client at least 24 hours before the start of the work, the photographer will charge 25% of the agreed total price.

In the event of dissolution of the agreement by the client within 24 hours before the start of the work, the photographer will charge 100% of the agreed total price. In the event of serious circumstances that make it impossible for the photographer to carry out the assignment himself on the agreed date, the photographer will try to find a replacement photographer, or agree a new date if possible.

If it is impossible to carry out the assignment on the agreed date due to justifiable circumstances, including but not limited to illness and extreme weather conditions, a new date will not be agreed more than three times in consultation. The payment obligation also applies if the client does not wish to use the work or products manufactured in the context of the agreement. If an invoice is not paid within the payment term, the statutory interest is owed on the outstanding invoice amount without further notice of default by the photographer.

Article 10: Complaints
Complaints about the implementation of the agreement and/or objections to an invoice must be submitted in writing to the photographer within 7 days of receipt of the order. Complaints after these 7 days will no longer be considered. Complaints or objections submitted do not suspend the payment obligation.

Article 11: Copyright, attribution and personality rights
Permission for the use of a Photographic Work by the client is exclusively granted in writing/by e-mail and in advance in the form of a license as described in the nature and scope of the Photographer in the quotation and/or the order confirmation and/or the accompanying invoice.

If nothing has been determined about the scope of the license, it will never comprise more than the right to one-time use, in unaltered form, for a purpose, edition and manner as the parties entered into the agreement in accordance with the understanding of the Photographer, have meant. Exclusive exploitation must always be explicitly agreed in writing and does not fall under the exploitation right referred to in this article.

The Other Party is not permitted to transfer the exploitation right described in this article to third parties without the prior written consent of the Photographer. Unless otherwise agreed, the Other Party is not authorized to grant sub-licences to third parties. The name of the Photographer must be clearly stated with a Photographic Work used, or included in the publication with a reference to the Photographic Work. When reproducing and publishing a Photographic Work, the Other Party will at all times observe the photographer’s personality rights in accordance with Article 25 paragraph 1 sub c and d Aw.

For any infringement of the personality rights accruing to the Photographer pursuant to Article 25 of the Copyright Act, including the right to attribution, the Other Party owes a fee of at least 100% of the license fee usually charged by the Photographer, without losing any right to compensation for other suffered damage (including the right to compensation for all direct and indirect damage and all actual judicial and extrajudicial costs).

Any use of a Photographic Work not agreed upon is considered an infringement of the Photographer’s copyright.

In the event of infringement, the Photographer will be compensated at least three times the license fee normally charged by the Photographer for such use, without losing any right to compensation for other damage suffered (including the right to compensation for all direct and indirect damage and all actual judicial and extrajudicial costs).

Article 12: Liability
If the Photographer should be liable, this liability is limited to what is arranged in this provision

The Photographer is not liable for damage, of whatever nature, caused by the Photographer acting on incorrect and/or incomplete information provided by or on behalf of the Client. The photographer is not liable for any damage caused to the client, unless there is intent or gross negligence on the part of the photographer or his representatives.

Photographer is only liable for direct damage. Direct damage is exclusively understood to mean the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions, any reasonable costs incurred to fulfill the photographer’s defective performance of the agreement. to have them answered, insofar as these can be attributed to the Photographer and reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions. The Photographer is never liable for indirect damage, including consequential damage, lost profit, missed savings and damage due to business interruption.

Photographer is not liable for color deviations on uncalibrated monitors or prints not supplied by photographer. The liability is limited to the amount of the invoice or, if and insofar as there is an insured damage, to the amount actually paid out under the insurance.

Article 13: Disclaimer
The Client indemnifies the Photographer against any claims from third parties who suffer damage in connection with the execution of the agreement and the cause of which is attributable to others than the Photographer. If the Photographer should be held liable for this by third parties, the Client is obliged to assist the Photographer both in and out of court and to immediately do everything that may be expected of him in that case. If the Client fails to take adequate measures, the Photographer is entitled to do so himself, without notice of default. All costs and damage on the part of the Photographer and third parties arising as a result will be entirely at the expense and risk of the Client.

Article 14: Changes to these terms and conditions
Photographer reserves the right to change or supplement these general terms and conditions.

Changes are communicated to the client in a timely manner and in writing by the photographer.

If the client does not want to accept a proposed change, he can terminate the agreement until the date on which the new general terms and conditions take effect.

Article 15: Applicable law and disputes
Dutch law applies exclusively to all legal relationships to which the Photographer is a party, even if an obligation is wholly or partially performed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.

The judge in the Photographer’s place of business has exclusive jurisdiction to hear disputes, unless the law prescribes otherwise. Nevertheless, the Photographer has the right to submit the dispute to the competent court according to the law.

The parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.

Article 16: Other provisions
If a provision of the agreement and/or the general terms and conditions proves to be void or voidable, the other provisions and the agreement will remain in force.

Article 17: Statute of limitations
Contrary to the statutory limitation periods, the limitation period for all claims and defenses against the Photographer and the third parties involved by the Photographer in the execution of an agreement is one year.

RS Photo ART
Schoolweg 19
1191 JP Ouderkerk aan de Amstel

Phone:              06-51363480
Mail:                 info@rsphotoart.nl
Homepage:      www.rsphotoart.nl

Quotation: all offers from the photographer to (legal) persons with which it is intended to enter into an agreement.