Terms and Conditions

Article 1. Definitions

In these general terms and conditions, the following definitions apply:
1. Quotation: all offers from the photographer to (legal) persons with which it is intended to enter into an agreement.
2. Agreement: the assignment agreement between LLD Photography (hereinafter: photographer) and the person or persons with whom the agreement is concluded (hereinafter: client)
3. Assignment: the service or product that will be provided by the photographer.
4. Photographer: Thessa van Beek – LLD Photography
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: where in these general terms and conditions is referred to in writing, this also includes electronic communication such as e-mail, provided 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.
8. Use: to reproduce and/or make public within the meaning of the Copyright Act 1912
9. Aw: 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.
2. 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 these expressly accepted in writing.
3. General terms and conditions of the client are expressly rejected.

Article 3. offer

1. The photographer makes an offer or quotation verbally.
2. Acceptance of the offer is made in writing. After or upon acceptance, a written agreement will be drawn up between the parties.
3. Unless otherwise agreed, the offer loses its validity 14 days after the date on which the photographer made the offer.
4. Quotations in offers and quotations may undergo changes due to (unforeseen) changes in the work or price increase of the raw materials. Photographer will send client of this as soon as possible inform you as soon as possible.

Article 4. Acceptance of the order

1. The client must accept the offer explicitly and in writing. If the client fails to do so, but nevertheless agrees to it, or at least gives the impression that the photographer carries out work in the under the agreement, the offer will be considered accepted.
2. The photographer reserves the right to refuse an assignment if new information becomes available after acceptance that makes execution unacceptable for the photographer.
3. After acceptance, the agreement can only be changed by mutual consent. In that case, the photographer is entitled to adjust the fee owed for the agreement.

Article 5. Execution of the assignment

1. The photographer will carry out the assignment to the best of her knowledge and ability and in accordance with the requirements of good workmanship, in the style in which the photographer usually works.
2. Photographer makes every effort and will act to the best of his ability in the given and existing circumstances during the photo session and/or report. The client undertakes to comply with the circumstances photographer as favorable as possible and take measures where necessary, including, but not limited to, instructing other attendees.
3. Photographer delivers the images in his usual style. Photographer supplies his own selection of image material, over which the client has no influence.

Article 6. Delivery

1. After payment, the photographer uses a delivery time of 14 working days for the online files.
2. The delivery of photo prints takes place, unless otherwise agreed, by regular mail.
3. Photographer expressly does not provide raw files. Photographer only supplies the selection of photographic material made and edited by her as a final product.

Article 7. Compensation

1. 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.
2. The final fee is based on the work performed and costs incurred on the basis of subsequent calculation, taking into account the usual practice of the photographer Prices.
3. All amounts stated by the photographer include VAT, unless otherwise agreed.

Article 8. Terms of payment

1. The photographer will send an (electronic) invoice to the client for the amount owed by the client, unless otherwise agreed.
2. Unless otherwise agreed, the payment term is 30 days after the invoice date.

Article 9. Cancellation and suspension

1. If an invoice is not paid within the payment term, the photographer can, after the client has been informed of this, cancel all his work for the assignment. suspend until the amount of the invoice has been paid.
2. If the client does not provide the information required 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, photographer is entitled to suspend or dissolve the agreement.
3. Suspension or dissolution of the agreement takes place in writing.
4. If the agreement is amended or supplemented, the photographer is entitled to adjust and increase the price accordingly.

Article 10. Complaints

1. Complaints about the implementation of the agreement and/or objections to an invoice must be submitted in writing to the photographer no later than five working days after the invoice date. Complaints about delivered products must be submitted in writing to the photographer within five working days after receipt of these products.
2. Complaints after the term referred to in paragraph 1 will no longer be processed.
3. Complaints or objections submitted do not suspend the payment obligation.

Article 11. Copyright

1. Each agreement includes the license described in this article with regard to the photographic work of the photographer, unless otherwise agreed.
2. The copyright as well as other intellectual property rights on all materials developed or made available in the context of the assignment rests with the photographer.
3. The Photographer reserves the right to use the works for his own promotional purposes and publications, including, but not limited to, the website and weblog, portfolio, social media, magazine articles, in printed matter and exhibition material.
4. The client obtains from the photographer a non-exclusive license for an indefinite period of time to reproduce and publish the works.
5. Unless otherwise agreed, the Client is not authorized to grant sub-licences to third parties, nor to transfer its own licence.
5. Unless otherwise agreed, the Client is not authorized to grant sub-licences to third parties, nor to transfer its own licence.
7. The client must observe the personality rights of the photographer, as stated in Article 25 Aw.

Article 12. portrait right

1. The Photographer reserves the right to use the works for his own promotional purposes and publications, including, but not limited to, the website and weblog, portfolio, social media, magazine articles, in printed matter and exhibition material.
2. Photographer will not sell the photos to third parties.
3. Deviating agreements are recorded in writing.

Article 13. Liability

1. 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.
2. Photographer is not liable for color deviations on non-calibrated screens or prints that are not supplied by the photographer.
3. Photographer will keep the delivered materials for a maximum of 2 months. The photographer is not liable for the loss of files that the photographer has delivered to the client.

Article 14. Changes to these terms and conditions

1. The Photographer reserves the right to change or supplement these general terms and conditions.
2. Changes will be communicated to the client in a timely manner and in writing by the photographer.
3. 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. Choice of law and forum

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.
2. Dutch law applies to all legal relationships between photographer and client.

Article 16. Privacy / secrecy

1. Your personal information will be treated confidentially. LLD Photography respects the privacy of all users of its sites and treats all personal information confidentially and carefully. The personal data will not be disclosed, sold or rented to third parties unless required to do so by law.
2. All photos in our promotional communications are placed with the explicit permission of the client. In the unlikely event that an image carrier has been published on the websites of LLD Photography for which no permission has been given, it is best to call us about this via 06-27567597. You can also send an email to info@lld-fotografie.nl. Steps will then be taken immediately so that this image carrier will no longer be used on the relevant site of LLD Photography.

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