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Donker hout

TERMS AND CONDITIONS

Photographer details

Website: http://www.maurane.nl

Telephone: +31 (0)6 57533102

Chamber of Commerce: 82051720

VAT: NL003633808B30

 

Article 1. Definitions

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

  2. Agreement: the assignment agreement between Photographer and Client.

  3. Assignment: the service or product that will be provided by the photographer.

  4. Photographer: Maurane Gemmeke, also user of these general terms and conditions and contractor.

  5. Client: the (legal) person or persons with whom the photographer has concluded the agreement, also the acceptor of these general terms and conditions.

  6. Cancellation: termination or dissolution of the agreement.

  7. 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 communications lies with the client at all times.

  8. Use: reproduction and/or publication within the meaning of the Copyright Act 1912.

 

Article 2. Application

  1. 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 in writing by the photographer.

Article 3. General matters

  1. The photos on http://www.maurane.nl may only be used by the owner, Maurane Gemmeke. Visitors can view these photos, but are not allowed to use them in any way.

  2. Maurane Gemmeke does her utmost to minimize the risk of disruptions and errors during the report.

  3. No rights can be derived from the information posted on the website.

  4. Maurane Gemmeke reserves the right to improve or otherwise change the information on the website at any time.

  5. Institutions, organizations or persons who believe that posted photos in any way damage their identity or otherwise can report this, stating valid reasons. Maurane Gemmeke will remove these photos from the website as soon as possible if the reasons are justified by her.

  6. By using the services of Maurane Gemmeke in any sense, you automatically agree to these conditions. Afterwards, Maurane Gemmeke cannot be called upon for complaints regarding photo prints if the customer has photo prints made himself.

  7. If you are dissatisfied with something during a report or do not like something, you must report this immediately to the photographer. This gives Maurane the opportunity to do something different. Complaints about this afterwards will be considered unfounded.

  8. Maurane Gemmeke will delete the digital files resulting from the photo report from her archive/storage after 3 months.

  9. It is not permitted to make recordings or take photographs with your own telephone and/or camera during the report.

  10. It is not possible to receive or view RAW files and/or unedited photos after the report.

  11. Maurane Gemmeke is entitled to stop the service at any time if there is disrespectful behavior or aggression.

 

Article 4. Acceptance of the assignment

  1. 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 carries out work in the context of the agreement, the offer will be considered accepted.

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

 

Article 5. Execution of the assignment

  1. The photographer will carry out the assignment to the best of his knowledge and ability and in accordance with the requirements of good craftsmanship, 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.

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

  3. Photographer delivers the images in her usual style, where global image optimization is applied to, among other things, light, color, contrast and cropping. The photographer will only perform some post-processing to remove or reduce existing elements in the photo, including, but not limited to, removing or reducing disturbing 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.

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

 

Article 6. Delivery

  1. Unless otherwise agreed, the Photographer only uses estimated delivery times. If no delivery time has been agreed, this will be determined within reason by the photographer.

  2. Delivery will not take place until payment for the relevant service, files or product has been received.

  3. Delivery of digital files takes place, unless otherwise agreed, via Shootstack Gallery.

 

Article 7. Quotes, payments and prices

  1. All estimates, quotations, quotations and offers from the user (in whatever form) are without obligation, unless the contrary expressly arises from them.

  2. The (purchase) price is in euros.

  3. All amounts stated by the Photographer include VAT, unless otherwise agreed, and exclude travel costs and additional costs such as parking costs on location.

  4. Payment is made in accordance with the invoice sent and must be paid in full immediately after booking. Photographer will send an (electronic) invoice to the client for the amount owed by the client, unless otherwise agreed. The reservation is only final once payment has been received. This means that until payment has been received, the date can also be booked by others.

  5. Cash payment is only possible by mutual agreement and with the approval of Maurane Gemmeke.

 

Article 8. Cancellation and suspension

  1. Cancellations can only be made in writing, via Whatsapp or by e-mail.

  2. Cancellation for a photo shoot after a final reservation is only allowed with a valid reason, which will be assessed by Maurane Gemmeke. For cancellation without a valid reason, the following costs will be charged: ​
    - Up to one month before the report/due date, 30% of the paid recording costs will be charged.
    - 50% of the payment will be made between one month and two weeks before the report/due date.
    - Between two weeks and 72 hours before the report, 75% of the costs will be charged.
    - 72 hours or less before the report, 100% of the paid recording costs will be charged.

  3. Valid reasons for canceling a report include illness, death of close family members, etc.

  4. Maurane Gemmeke is entitled to cancel a photo shoot or report for a valid reason. Maurane Gemmeke will always do her utmost to fulfill agreements made. If this is the case, Maurane Gemmeke is not obliged to arrange replacement.

  5. If due to justifiable circumstances, including but not limited to illness and extreme weather conditions, it is impossible to carry out the assignment on the agreed date, a new date will not be agreed more than three times in consultation.

 

Article 9. Complaints

  1. Complaints about the execution of the agreement and/or objections to an invoice must be submitted to the photographer in writing no later than 7 days after receipt of the photo files. Complaints after these 7 days will no longer be processed.

  2. Complaints or objections submitted do not suspend the payment obligation.

 

Article 10. Copyright

  1. The copyright of the photos always remains with Maurane Gemmeke.

  2. The customer gives Maurane Gemmeke permission to use the photos taken for both commercial and promotional purposes on the internet (such as blog/portfolio/social media/Facebook/Instagram/Pinterest) and in printed matter (such as flyers, demo albums or business cards). The customer will not receive any compensation for this.

  3. If the customer expressly does not want the photos taken of him/her or of members of the family to be used for promotional purposes as described above, the customer must make this known by email before/when making the reservation.

  4. It is not permitted to place received digital files (both versions for web use and high resolution) on the internet in a different edit or cut than that provided by Maurane Gemmeke. In other words, no filters or custom edits on the photos.

  5. The Client is not entitled to reproduce or make public the work outside the home circle, unless otherwise agreed. The Client is expressly not entitled to use or trade the photos for business or commercial purposes, or at least for other purposes outside the home, without the prior permission of the photographer.

  6. Unless otherwise agreed, the Client is not authorized to grant sublicenses to third parties, nor to transfer its own license.

  7. The customer is not permitted to send digital files to photo competitions without the express permission of Maurane Gemmeke.

  8. The Client must observe the personality rights of the photographer, including the obligation to mention his name, as stated in Article 25 of the Copyright Act.

  9. Any use of a photographer's work that has not been agreed upon is considered an infringement of the photographer's copyright. In the event of infringement of the copyright and/or personality rights of the photographer, the photographer charges three times the usual license fee for such a case, to compensate for the damage suffered. Compensation does not confer any right to further use of the photographer's work.

 

Article 11. Liability

  1. Maurane Gemmeke can never be held liable for material and/or immaterial damage during a photo session.

  2. Maurane Gemmeke is not liable for delivering fewer or less good photos than normal due to unforeseen circumstances beyond the photographer's control. Consider children who do not cooperate, instructions that are not followed, weather conditions, etc.

  3. Maurane Gemmeke accepts no liability for any damage resulting from the use of the site or the use of (image) information provided on the site.

 

Article 12. Damage to equipment

  1. If excessive behavior by the Client, children, pets or person of the Client causes damage to the equipment (camera, lenses, lamps, etc.), Maurane Gemmeke will hold the Client liable up to a maximum of 75% of the new price of the damaged equipment.

 

Article 13. Indemnification

  1. 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 parties other than the Photographer. If the Photographer is held liable by third parties for this reason, the Client is obliged to assist the Photographer both extrajudicially and in 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 incurred by the Photographer and third parties as a result are entirely at the expense and risk of the Client.

 

Article 14. Changes to these general terms and conditions

  1. Photographer reserves the right to change or supplement these general terms and conditions. Changes will be 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 on that date until the date on which the new general terms and conditions come into effect.

 

Article 15. Applicable law and disputes

  1. All legal relationships to which the Photographer is a party are exclusively governed by Dutch law, 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. Parties will only appeal to the court after they have made every effort to settle a dispute by mutual agreement.

 

Article 16. Other provisions

  1. 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. Privacy & personal data

  1. Maurane Gemmeke will under no circumstances disclose or pass on personal information (such as address, telephone number, e-mail address, etc.) to others.

  

Article 18. Limitation

  1. Notwithstanding the statutory limitation periods, the limitation period for all claims and defenses against the Photographer and third parties involved by the Photographer in the execution of an agreement is one year.

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