General Terms & Conditions
1. Definitions
1.1 The parties referred to in these General Terms and Conditions are defined as the client (the person or persons wishing to enter into an agreement with Rosalie Voortman Photography and who are the recipients of the agreed products and/or services) and Rosalie Voortman Photography as the contracted party.
2. Applicability
2.1 These General Terms and Conditions apply to all legal relationships between Rosalie Voortman Photography and the client, including offers, quotations, order confirmations, and verbal or written agreements, even after the termination of an agreement, unless the parties have explicitly agreed otherwise in writing.
3. Offer
3.1 Quotation prices are entirely subject to change unless expressly agreed otherwise.
3.2 Rosalie Voortman Photography has the right to revoke the offer up to two days after receiving acceptance of the offer.
3.3 All prices quoted in the offer include VAT and exclude travel costs within the Netherlands, unless otherwise agreed.
3.4 Unless agreed otherwise, the price quoted in the offer expires 14 days after the date of dispatch by Rosalie Voortman Photography.
4. Invoices and Payment
4.1 The client must check the invoice from Rosalie Voortman Photography for possible errors. Any errors must be reported to Rosalie Voortman Photography within 10 working days after the invoice date. After this period, the invoice will be considered binding.
4.2 Upon receipt of the offer, the client will receive an invoice for €500 (or in accordance with another agreement) to reserve the date for the photo shoot. Payment of this amount must be made within 14 days from the invoice date and will be offset against the remaining amount, for which the client will receive an invoice within one week after the shoot. This payment must also be made within 14 days from the invoice date.
4.3 If Rosalie Voortman Photography has not received the due amount within the specified time, Rosalie Voortman Photography will be the sole owner of the goods and services. The client will be in default and owe statutory interest, plus an additional 2%, on the amount due. The images will only be delivered after receipt of the full payment.
5. Cancellation
5.1 The client can only cancel the agreement in writing.
5.2 In case of cancellation, the following terms and amounts apply:
– If the photo shoot/wedding shoot is canceled, the deposit is non-refundable.
– If canceled within 4 weeks of the scheduled shoot date, the deposit is non-refundable, and 50% of the remaining agreed amount for the photo shoot/wedding shoot must be paid by the client.
– If canceled within 2 weeks of the scheduled shoot date, the deposit is non-refundable, and 100% of the remaining agreed amount for the photo shoot/wedding shoot must be paid by the client.
5.3 In the event of a wedding shoot where Rosalie Voortman Photography is unable to fulfill the agreement in person due to unforeseen circumstances, a replacement photographer will be arranged, as far as reasonably possible.
5.4 In the event of a regular photoshoot where Rosalie Voortman Photography cannot fulfill the agreement in person due to unforeseen circumstances, a new date will be arranged in consultation with the client.
5.5 If, for valid reasons, Rosalie Voortman Photography is unable to fulfill the wedding shoot agreement, no additional compensation will be due to the client.
5.6 In case of force majeure, where government measures are involved, Rosalie Voortman Photography will agree with the client on a new date for the agreement, and the assignment will be suspended.
5.7 If force majeure occurs, where government measures apply and suspending the assignment is reasonably not possible, the assignment will be dissolved. The costs incurred by Rosalie Voortman Photography will be reimbursed by the client, provided Rosalie Voortman Photography can prove these costs.
6. Assignment
6.1 An agreement for services is an agreement in which Rosalie Voortman Photography commits to creating and/or delivering photographic works to the client.
6.2 An agreement for services is established by mutual acceptance, whether written or verbal, of the offer.
6.3 Rosalie Voortman Photography has the right to perform the service agreement at its own technical and creative discretion, in the style and quality standard for Rosalie Voortman Photography's work.
7. Delivery
7.1 Rosalie Voortman Photography is responsible for the selection of the delivered files.
7.2 Rosalie Voortman Photography will never deliver unprocessed or ‘RAW’ files. All images are carefully edited, such as adjusting lighting, color, and contrast. This post-processing is an essential part of Rosalie Voortman Photography's workflow.
7.3 Additional post-processing, such as adjusting elements in the images, is possible after consultation and will incur additional costs.
7.4 The delivery of photographic work takes place at the address of Rosalie Voortman Photography. Any photographic work sent is at the client’s own risk from the moment of dispatch.
7.5 Delivery times are based on estimates and depend on the suppliers involved. Rosalie Voortman Photography will ultimately deliver the images within 6 weeks after the photo shoot/wedding date.
7.6 After a wedding shoot, Rosalie Voortman Photography will create an initial album design after the client has received the images. This does not apply to regular photo shoots.
7.7 Referring to 7.6, the client can make two changes to the design free of charge. After that, Rosalie Voortman Photography is entitled to charge €50 for each additional change.
7.8 Once the client has approved the album design, the album will be ordered by Rosalie Voortman Photography. Once the order has been placed, no further changes can be made.
7.9 After the order has been placed, the album will be delivered within approximately six weeks. Rosalie Voortman Photography will inform the client of any extended delivery periods.
7.10 Wedding albums are ordered after approval and will only be delivered once payment is received.
8. Copyright and Right of Publication
8.1 The copyright of photographic works is exclusively held by Rosalie Voortman Photography.
8.2 The client agrees that Rosalie Voortman Photography is the owner of all images developed and/or works provided under the assignment.
8.3 The client receives the high-resolution digital files and agrees that these files are for personal use only and for family viewing. It is not allowed to duplicate and/or use the photographic images for business purposes, to sell them to third parties, or use them in photo contests.
8.4 The client may share the images on Social Media, provided that Rosalie Voortman Photography is credited.
8.5 Under the concept of 'droit moral' (the moral rights of Rosalie Voortman Photography), the client may not edit the photographic images.
8.6 The client agrees that Rosalie Voortman Photography may use the photographic images for its own portfolio, website, blog, for commercial purposes, or through the internet, prints, competitions, or publications on (wedding) blogs. The client will not receive payment for the use of these images.
8.7 The client may object to the use of the photographic images by notifying Rosalie Voortman Photography in writing at the time of the service agreement. In such a case, the client will pay an additional 20% of the agreed amount.
8.8 If a client wishes to publish photographic work on, for example, a (wedding) blog, the client must consult Rosalie Voortman Photography in advance.
8.9 Any use of photographic work that has not been agreed upon will be considered a violation of the copyright of Rosalie Voortman Photography.
9. Complaints
9.1 Complaints regarding the delivered work must be reported in writing to Rosalie Voortman Photography as soon as possible, but no later than 10 days after the delivery of the photographic works.
9.2 Rosalie Voortman Photography works with a calibrated computer display for optimal editing and color correction, resulting in minimal color differences in the products. It is understood that the client may experience a color or brightness difference on their computer screen if it is not calibrated. For this reason, Rosalie Voortman Photography is not responsible if the final product differs from the color displayed on the client’s screen.
9.3 Rosalie Voortman Photography is not responsible for color discrepancies in prints if the prints are ordered from sources other than Profotonet (www.profotonet.nl).
10. Liability
10.1 Rosalie Voortman Photography is not liable for any damages to the client unless it is caused intentionally by Rosalie Voortman Photography. Liability will, in any case, be limited to the amount of the invoice.
11. Choice of Law and Forum
11.1 All events subject to the applicability of these General Terms and Conditions are governed by Dutch law.
11.2 Any dispute arising from the text and interpretation of these General Terms and Conditions and a legal relationship between Rosalie Voortman Photography and the client will be submitted to the competent court in the Netherlands.
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