General Terms and Conditions

GENERAL TERMS AND CONDITIONS
1.1 The Photographer: Elke Verbruggen - Elke Verbruggen fotografie, Contractor, who drew up these General Terms and Conditions.
1.2 The Client: the person or persons with whom the Photographer has signed a contract, also the person accepting these General Terms and Conditions.
1.3 Assignment: the service or product to be provided by the Photographer.
1.4 Quote: all offers by the Photographer to the Client, the aim of which is to conclude a contract.
1.5 Contract: the agreement between Elke Verbruggen fotografie (hereafter: the Photographer) and the person or persons with whom the agreement is made (hereafter: the Client).
1.6 Written: written electronic communication will also be accepted, as long as the identity of the sender in sufficiently established. This is the responsibility of the Client.
1.7 Cancellation: termination or dissolution of the contract.

APPLICATION
2.1 these General Terms and Conditions apply to all legal relationships between the Photographer and the Client, including all quotes, offers, and contracts.
2.2 Any conditions set by the Client which deviate from, or do not appear, in these General Terms and Conditions shall only be binding for the Photographer if the Photographer has accepted such conditions in writing.

OFFER
3.1 Quotes are completely free of obligation unless otherwise explicitly mentioned. The Photographer has the right to retract this quote up till two days after receiving confirmation that the quote has been accepted.
3.2 The offer made in the quote is valid for 14 days after the date it is sent.
3.3 All sums of money mentioned by the Photographer include VAT (value-added tax) unless otherwise agreed.
3.4 If the Client accepts the quote, they should inform the Photographer of this in writing. Should the Client fail to do so, but agrees to the quote or gives the impression of agreeing to the quote, the quote will be deemed to have been accepted.

ACCEPTANCE OF THE ASSIGNMENT
4.1 After the assignment has been accepted, the contract can only be amended by mutual agreement. In such an event, the Photographer has the right to amend the price agreed accordingly.
4.2 The Photographer may refuse an assignment if after accepting the assignment, new information is made available which makes carrying out the assignment unacceptable for the Photographer.

CARRYING OUT THE ASSIGNMENT
5.1 The Photographer shall carry out the assignment to the best of their ability in the style and with the quality usually supplied by the Photographer.
5.2 The Photographer has the right to carry out any aspects of the assignment not explicitly described in the contract according to their own technical and creative ideas.
5.3 Should it be clear that the Photographer has incurred higher expenses and/or carried out extra work which can be deemed to have been necessary, these expenses and/or this extra work shall be charged to the Client.
5.4 If due to unforeseen circumstances, except in the event of force majeure, the Photographer is unable to fulfil the assignment in person, the Photographer shall do everything within reason to provide a substitute photographer with a similar style. If no substitute photographer can be found for the wedding photos, the Photographer shall offer a free, two-hour long 'after wedding shoot'.

DELIVERY
6.1 Unless otherwise agreed, the Photographer uses only estimated delivery times.
6.2 The Photographer delivers photos in the style they normally use. Photos are edited for color, contrast, light, white balance and detail. The Photographer explicitly does not apply any extreme editing and only removes unwanted elements if they find this necessary. The Photographer does not provide the Client with unedited original photos.
6.3 The photos will be delivered within 2 months of the wedding, through an online gallery. The Client can download the photos from this online gallery in high or low resolution. The online gallery will remain online for 6 months. If a photo album has been ordered, the delivery times of this album will be added.
6.4 The Photographer will always aim to send the Client a preview of some edited files within 3 days of the wedding.

ALBUM
7.1 The mini album will be put together without the intervention of the Client. The Photographer aims to send the mini album to the Client within 3 months of the wedding.
7.2 The Photographer will make an initial selection and layout for the album, at their own discretion and according to their ability and style, without the intervention of the Client.
7.3 The Client may make changes to the design of the album no more than twice. This will take place the first time by way of a Skype call.
7.4 Admissible changes include complete removal of spreads (two adjoining pages) or replacing individual photos with a photo of the same proportions.
7.5 The Client may have changes made within 14 days of delivery of the design.
7.6 The Photographer shall carry out any changes to the design within 14 days.
7.7 The album shall be delivered as mutually agreed and after payment has been made.

CONDITIONS OF PAYMENT
8.1 After the wedding, The Photographer shall send the Client an invoice (digital) for the amount owed by the Client.
8.2 The Client shall check that the invoice contains no inaccuracies. If the Client does not reject the invoice and return it to the Photographer, stating their reasons, within 5 days of the invoice date, the invoice shall be deemed binding and the right of the Client to object shall lapse.
8.3 The Client shall pay the invoice in full within 14 days of the invoice being sent. The Client will receive the photos after the invoice has been paid. The Client shall transfer the amount of the invoice to the Photographer's bank account.
8.4 No photos, album or digital files will be delivered until the Client has paid the invoice in full.
8.5 Should the Client fail to pay the invoice within the payment period, the statutory interest and collection charges will be added to the outstanding amount of the invoice.
8.6 The Photographer will require a deposit of at least €400 for a wedding assignment.

ORDERS
9.1 Delivery dates vary on all products ordered later. The Photographer cannot be held liable for delays in delivery caused by the supplier.
9.2 The Photographer works with a calibrated screen for optimum color processing. It is possible that the Client will experience the clarity or colors of the photos differently on their own screens, if those screens are not calibrated.
9.3 The Photographer cannot be held responsible for any deviations in clarity and color in a product supplied by a third party. Nor is the Photographer responsible for a photo product deviating from the clarity and color when displayed on a non-calibrated screen. In such a case, the Client is not entitled to a new product, a refund of the payment or any other form of compensation.
9.4 The Photographer cannot be held responsible for the quality of photo prints or products which were made by the Client or a third party rather than by the Photographer or recommended suppliers.

CANCELLATIONS
10.1 The Client may only cancel the order in writing.
10.2 In the event of the contract being dissolved, the following terms and amounts apply: Once the booking has been made, the Photographer will invoice the deposit for the assignment. Within 4 weeks before the photographic report - 50% of the total amount owed. Within 2 weeks before the photographic report - 100% of the total amount owed. If the agreement is cancelled less than 2 weeks beforehand, the full amount must be paid.
10.3 In the event that the Photographer is unable to fulfil the assignment in person, in the case of a wedding assignment, the Photographer will do everything possible, within reason, to find a substitute photographer.

COMPLAINTS
11.1 Any complaints about the execution of the contract should be submitted to the Photographer in writing no later than 5 working days following the date of the invoice. Any complaints about products delivered should be submitted to the Photographer in writing no later than 5 days after delivery.
11.2 Any complaints submitted later than the period of 5 working days will not be processed.
11.3 The obligation to pay remains valid, even in the event of a complaint being submitted.11.4 The Photographer has the right to still deliver good work to replace the unaccepted work within a reasonable time period unless doing so would lead to disproportionate damages for the Client.

COPYRIGHT
12.1 The Photographer continues at all times to be the owner of all photos.
12.2 The Client consents to the Photographer using photos taken of the Client for promotional purposes on the Internet (such as blog, portfolio, social media and other websites) and in printed materials (such as business cards and flyers). The Client will receive no remuneration or compensation for this use.
12.3 The Client should always mention the name of the Photographer when using the photos on social media channels or elsewhere on the Internet.
12.4 Posting digital files in a different adaptation on the Internet (detail, collages, color, contrast etc.) is not permitted.
12.5 The Client is not permitted to submit digital files to photo contests without the explicit written consent of the Photographer and mention of their name.
12.6 In the case of a breach of these copyrights, the Photographer shall charge three times the normal license fee for such a service, by way of compensation for damages suffered.

PORTRAIT RIGHTS
13.1 The Photographer reserves the right to use the photos taken for their own promotional objectives as described in Point 2 under the heading Copyright. Should there be a specific photo which the Client would prefer not to have posted online, they may inform the Photographer of this in writing.
13.2 Institutions, organizations or individuals who are of the opinion that photos posted cause damage in some way to their identity, should inform the Photographer accordingly, stating the grounds for their objections. Should the Photographer find these grounds substantiated, the Photographer shall remove these photos as quickly as possible from the website.
13.3 Any deviating agreements shall be recorded in writing.

PRIVACY
Under no circumstances will Elke Verbruggen Fotografie make public or pass on to third parties any personal data (email address, telephone number etc.) given to her.

LIABILITY
15.1 The Photographer cannot be held liable for any damages suffered by the Client unless it is a matter of gross negligence or intent on the part of the Photographer. In every case, the liability is limited to the amount of the invoice or, if and insofar as there is insured damage, to the amount of the compensation paid by the insurer.

AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS AND THE INFORMATION ON THE WEBSITE
16.1 The Photographer reserves the right to amend or augment these General Terms and Conditions.
16.2 The Photographer shall inform the Client of any amendments promptly and in writing.
16.3 The Photographer reserves the right to amend or improve the information on the website at all times.
16.4 Despite the Photographer having taken the utmost care to ensure the correctness and completeness of the website, no rights may be derived from the information placed on this website.

APPLICABLE LAW
17.1 In all cases in which Elke Verbruggen Fotografie deviates from a provision in these General Terms and Conditions, the validity of the other provisions shall remain unaffected.
17.2 All legal relationships between the Photographer and the Client are governed by Dutch law.
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