2632GE Nootdorp, The Netherlands
Chamber of Commerce number: 27354258
Article 1. Definitions
In these General Terms and Conditions, the following terms will have the following meanings:
- quote: all offers by the photographer to legal entities or natural persons where the intention is to enter into a contract;
- contract: the contract for services between Wedding Studios (hereinafter: ‘the Photographer’) and the entity/person or entities/persons with which/whom the contract is concluded (hereinafter: ‘the Client’);
- job: the service or product to be delivered by the Photographer;
- the Photographer: Gabriël Scharis – Wedding Studios, also the party using these General Terms and Conditions and the contractor. References to ‘the Photographer’ will also mean the videographer or filmmaker;
- the Client: the legal entity(ies) or natural person(s) with which/whom the Photographer has concluded the contract, also the party accepting these General Terms and Conditions;
- cancellation: termination or rescission of the contract;
- written or in writing: references in these General Terms and Conditions to ‘written’ or ‘in writing’ will also include electronic communications such as e-mail, provided the identity of the sender and the authenticity of the communication is sufficiently certain. The Client will always bear the burden of proof concerning receipt of the electronic communication;
- use: reproduction and/or publication within the meaning of the Dutch Copyright Act 1912;
- Copyright Act: the Dutch Copyright Act 1912.
Article 2. Application
- These General Terms and Conditions will apply to all legal relationships between the Photographer and the Client, as well as to all quotes, offers and contracts.
- Provisions or terms and conditions stated by the Client which deviate from or do not appear in these General Terms and Conditions will only be binding on the Photographer if and insofar as they have been expressly accepted by the Photographer in writing.
- The Client’s general terms and conditions are hereby expressly rejected.
Article 3. Offer
- The Photographer will make an offer or provide a price estimate orally.
- Acceptance of the offer will occur in writing. Upon or after acceptance, a written contract between the parties will be drawn up.
- Unless agreed otherwise, offers will cease to be valid 14 days after the date on which the Photographer made the offer.
- Price estimates in offers and quotes may be subject to change as a result of changes (unforeseen or otherwise) in the work or price increases in the materials. The Photographer will inform the Client of these as soon as possible.
Article 4. Acceptance of the job
- The Client must accept the offer explicitly in writing. If the Client does not do so, but nevertheless consents to, or at least gives the impression that it consents to, the Photographer’s performing work in connection with the contract, the offer will be deemed to have been accepted. The offer will also be deemed to have been accepted once the down payment has been made.
- The offer is also considered accepted as soon as the deposit, or at least the pre-payment fee, has been paid.
- Upon acceptance of the offer, the offer applies jointly with these general terms and conditions as a contract between client and contractor.
- The Photographer reserves the right to refuse a job if new information becomes available after acceptance which makes it unacceptable for the Photographer to perform the job.
- After acceptance, the contract may only be modified by mutual consent. The Photographer may adjust the fee owed for the contract in that instance.
Article 5. Performance of the job
- The Photographer will, as best he sees fit and to the best of his ability, perform the job in accordance with professional standards and in the style in which the Photographer works.
- The Photographer will exert his best efforts and do his best in the given, existing circumstances during the photo session and/or reportage and/or video recordings. The Client undertakes to make the conditions for the Photographer as favourable as possible and, where necessary, to take measures, including, but not limited to, providing instruction to the other persons present.
- The Photographer will deliver the images in the style normally used by him, with general image optimisation being applied. The Photographer will deliver his own selection of visual material, which the Client will not have any say about.
- The Client must do everything which is reasonably necessary and desirable to enable the job to be performed in a timely and proper way.
- The bridal couple may deliver a wish list to Wedding Studios which includes the desired images, such as group photos or the names of people. Wedding Studios will do its very best to produce these images, but will be dependent in part on the circumstances and cannot guarantee that these photos can be delivered.
- Other photos specifically requested by the client may also only be made by the photographer, when circumstances are right and when there is sufficient time for availability and sufficient measures to be taken by the client to enable the production of these images. Photographer explicitly does not guarantee that all images desired by the client are actually delivered.
- If client want an outdoor photo shoot, but the weather conditions do not allow this, the client must provide a suitable replacement (indoor) location.
- If there is special permission needed for photography at the location desired by the client, or if an additional fee is required, the client bears the responsibility for this access and reimbursement.
- Unless a situation of force majeure exists, the Photographer will, in the event of unforeseen circumstances on his part as a result of which he is not personally able to fulfil the contract, arrange for an alternative photographer with a similar style, insofar as this is reasonably possible.
Article 6. Wedding album
- The client may select his / her photos for the album. The layout of the album is done digitally. No analogue albums are designed by WeddingStudios.
- The album design is shown to the client via an online preview. The Client may make changes to the album design three times. Additional changes are possible for a fee of € 25 per spread change, unless otherwise agreed.
- Client may allow changes to be made within 14 days after delivery of the design. Photographer will apply these changes within 14 days.
- The delivery of the wedding album takes place within 8 weeks after the last design has been approved.
Article 7. Delivery
- Unless agreed otherwise, the delivery periods applied by the Photographer will only be estimates.
- The Photographer will deliver the photos or video six weeks after the wedding. This period may be longer if the Photographer is dependent on materials to be delivered by the Client. The Photographer will provide notice of different delivery periods as soon as possible.
- Unless agreed otherwise, photos will be delivered through an online gallery and/or video will be delivered through email.
- The Photographer will expressly not deliver raw files. The Photographer will deliver only the selection of photo and/or video materials made and edited by him as the final product. Photographer will never provide all taken photos or unprocessed files.
- Unless agreed otherwise, delivery will be made by ordinary post after the final invoice is paid by the client.
- Wedding albums will not be sent by post and need to be picked up within three weeks. At the completion of the album the bride and groom will be informed by mail. After this mail, the bride and groom have 3 weeks to collect their album. The warranty expires 3 weeks after this email. This also applies to family albums, luxury prints, wall art and all other products.
Article 8. Fee
- If no fee has been agreed on by the parties, the fee normally charged by the Photographer as stated on his website will apply.
- If the normal fee is not appropriate for the job, the Photographer will charge a reasonable and fair fee for the items delivered.
- If it is likely that the Photographer has incurred higher costs and/or performed additional work which were reasonably necessary, the Photographer will charge this on to the Client.
- The ultimate fee will be based on the work performed and costs incurred based on subsequent costing and in accordance with the prices normally charged by the Photographer.
- Unless agreed otherwise, all amounts mentioned by the Photographer will include VAT.
Article 9. Payment conditions
- Unless agreed otherwise, the Photographer will send the Client an (electronic) invoice for the amount owed by the Client.
- Unless agreed otherwise, the payment period will be 30 days after the invoice date.
- The invoice regarding the pre-payment for the job must in any event be paid before the job starts. If the payment (referred to in this paragraph) is not made within the stated period, the Photographer may unilaterally rescind the contract.
- If the Client rescinds the contract, the Photographer will not refund the down payment.
Article 10. Cancellation and suspension
- If an invoice has not been paid within the payment period, the Photographer may, after informing the Client, suspend all his work for the job until the invoice amount has been paid.
- If the Client does not timely provide the information necessary to perform the job or fails to be present on time, even though this is necessary to perform the job, the Photographer may suspend or rescind the contract.
- The contract must be suspended or rescinded in writing.
- If the Client rescinds the contract up to 6 months before the agreed date, the photographer will charge the down payment for the job. In the event of cancellation or dissolution between 3 months and 30 days before the agreed date, the photographer will charge 50% of the agreed fee for the assignment. In the event of cancellation or dissolution within 30 days before the agreed date, the photographer will charge 75% of the agreed fee for the assignment.
- The payment obligation will also apply if the Client does not wish to use the work or products produced or to be produced in connection with the contract. In such cases, the Client will not be entitled to a discount or refund.
- If the contract is modified or supplemented, the Photographer may adjust and increase the price.
- If an invoice is not paid within the payment period, the statutory interest and collection costs will be owed on the outstanding invoice amount.
Article 11. Complaints
- Complaints about the performance of the contract and/or objections to invoices must be submitted in writing to the Photographer within five business days of the invoice date. Complaints about delivered products must be submitted in writing to the Photographer within five business days after these products are received.
- Complaints after the period referred to in paragraph 1 will no longer be taken up.
- Submitting complaints or objections will not suspend the payment obligation.
Article 12. Copyright
- Unless agreed otherwise, each contract will likewise include the licence described in this article as regards the Photographer’s photographic work.
- The copyright and any other intellectual property rights to any materials developed or furnished as part of the job will be held by the Photographer.
- The Photographer reserves the right to use the works for his own promotional purposes and publications, including, but not limited to, websites and weblogs, portfolios, social media, journal articles, and printed and tradeshow materials.
- The client obtains a non-exclusive license from the photographer for an indefinite period of time, to use the photos for their own and to make them public within the household circle. The client may only post the photos on their own social media channels as long as the photographer’s name is mentioned and the photos are not re-edited by the bridal couple.
- Client, unless otherwise agreed, is not authorized to grant sublicenses to third parties, nor to transfer its own license, or to submit for competitions, publications, without prior permission from the photographer.
- Client must request written permission from photographer for the submission of photos for competitions and publications by third parties.
- If the client delivers photos to third parties without the permission of the photographer, the photographer will charge the client damages, including the costs related to the investigation and enforcement.
- The Client must respect the Photographer’s personality rights indicated in Article 25 of the Copyright Act.
Article 13. Portrait right
- The Photographer reserves the right to use the works for his own promotional purposes and publications, including, but not limited to, websites and weblogs, portfolios, social media, journal articles, and printed and tradeshow materials. If the photographer worked for free or worked for a discounted price, it will not possible for the client to let the photographer remove the works from his publications such as social media, website, folders etc. If this must be done by law, the client will pay 750 euros (seven hundred fifty euros) to the photographer within 14 days after the announcement has been made.
- The Photographer will not sell the photos to third parties.
- Different agreements will be recorded in writing.
Article 14. Liability
- The Photographer will not be liable for any damage arising for the Client, unless there has been wilful misconduct or gross negligence by the Photographer or his representatives.
- The Photographer will not be liable for deviations in colour on non-calibrated screens or prints not delivered by the Photographer, nor will the Photographer be liable for missing photos or film footage.
- The Photographer will not be liable for the loss of files delivered by the Photographer to the Client.
- The liability will never exceed the amount of the invoice.
Article 15. Modification of these Terms and Conditions
- The Photographer reserves the right to modify or supplement these General Terms and Conditions.
- The Photographer will timely inform the Client of changes in writing
- If the Client does not wish to accept a proposed change, it may, up to the date that the new General Terms and Conditions take effect, terminate the contract with effect from this date.
Article 16. Choice of law and forum
- If a provision in the contract and/or General Terms and Conditions turns out to be void or voidable, the other provisions and the contract will remain intact.
- Dutch law will apply to all legal relationships between the Photographer and Client.
Article 17. Privacy/Confidentiality
- Your personal data will be treated confidentially. Wedding Studios will respect the privacy of all those using its sites and will treat all personal information as confidential and with due care. The personal data will not be disclosed, sold or leased to third parties, unless requested by law.
- If your personal data has unfortunately been published on Wedding Studios’ websites without permission having been given, you should contact us by phone ((+31) (0)6‑2424000). You can also send an e-mail to firstname.lastname@example.org. We will then take immediate steps to ensure that this data is no longer on the Wedding Studios site in question.
- Cookies have been placed on our websites to anonymously keep track of user behaviour on the websites (analytic cookies).
If you have questions about data privacy, please feel free to contact us at email@example.com.