Terms & conditions De Fotohoeve.nl
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6871KZ Renkum, Gelderland
(Geen bezoek adres)
General Terms and Conditions De Fotohoeve
De Fotohoeve is registered at the Chamber of Commerce under number: 63202549
1. Definitions In these General Terms and Conditions: Aw: Copyright Act 1912 Photographic work: photographic works as referred to in Article 10, paragraph 1, subsection 9, Aw, or other works in the sense of the Aw, which can be aligned with the aforementioned photographic works. Image carrier: the carrier on which a Photographic work (whether or not identifiable by the eye) is recorded, such as a slide, negative, print, polaroid, CDrom, DVD or USB stick. De Fotohoeve: the user in the sense of art. 6: 231 BW. Customer: the other party in the sense of art. 6: 231 BW. Use: reproduction and / or publication in the sense of article 1 in conjunction with 12 and 13 Aw.
2. Application These General Terms and Conditions apply to all legal relationships between De Fotohoeve and the customer, including quotations, order confirmations and verbal or written agreements, even after the termination of an agreement, unless the parties explicitly deviate from these conditions in writing.
3. Quotation Offers are entirely without obligation, unless explicitly stated otherwise. De Fotohoeve has the right to revoke this offer up to two working days after receipt of the acceptance of its offer. The offer does not oblige delivery of part of the performance at a proportional price.
4.1 If the parties have not agreed a fee, the compensation customarily applied by De Fotohoeve will apply.
4.2 If and insofar as a customary fee can not be used, De Fotohoeve will, in reasonableness and fairness, determine the compensation in more detail, whereby the Photographer may, inter alia, initiate (i) the market standard prevailing in the market. fees for comparable assignments, between comparable clients and comparable contractors, where reference can be made to allowances as charged by colleagues of the Photographer, (ii) it has been deemed to be reasonable and fair in previous cases, (iii) comparative allowances such as charged to photographers in surrounding countries and (iv) the extent and scope of the use of the work desired by the customer.
4.3 If it is plausible that De Fotohoeve has incurred higher costs and / or has carried out additional work, which were reasonably necessary, these costs and / or this additional work will also be eligible for reimbursement by the customer.
4.4 Preliminary costs. The customer does not pay any travel expenses within a radius of 20 kilometers around Renkum. Then 14 cents per kilometer.
5. Invoice and payment
5.1 The customer will check the invoice of De Fotohoeve for inaccuracies. If the customer has not rejected the invoice in writing within 10 working days of the invoice date with a statement of legally relevant reasons and returned it to De Fotohoeve, the invoice in question will have to be considered binding between the parties and any right of the customer to reclamation will lapse.
5.2 Payment must be made within thirty days of the invoice date.
5.3 The customer shall pay the payments due to De Fotohoeve without discount or appeal to compensation, subject to settlement with creditable advances recognized between parties, which he has provided to De Fotohoeve.
5.4 If De Fotohoeve has not received the amount due within the period referred to in 5.2, the customer will be in default and will therefore owe the statutory interest, to be increased by 2%.
5.5 If the customer is in default or fails in any other way in the fulfillment of one or more of his obligations, including a copyright infringement, then all costs for obtaining payment in and out of court are for his account.
5.6 No use of the Photographic work in any way whatsoever is permitted, as long as the customer has not yet paid any outstanding invoice from the Photographer or otherwise has not yet fully complied with any obligation arising from any agreement with the Photographer.
6.1 If the compensation is made dependent in any way on facts or circumstances, which must be apparent from the customer’s records, the photographer has the right to request the administration of the client after a statement from the client. checked by a RA / AA accountant to be appointed by the photographer.
6.2 In the event that the outcome of the inspection deviates by more than 2% of the customer’s statement and payment, the costs of the check entirely on behalf of the customer. In addition, the customer will then pay the Photographer the amount owed on the basis of the actual data, after invoicing.
8.1 Image carriers are delivered in the building where the Photographer conducts his business. Sent Image Carriers are from the moment of shipment at the risk of the customer until the moment that the Image Carriers are received undamaged by the Photographer.
8.2 Digital files with Photographic Works are delivered in good consultation and in a manner agreed by both parties and are from the moment of shipment for the risk of the customer.
8.3 If no delivery time has been agreed, it will be determined by the Photographer in all reasonableness.
8.4 If the Photographer and the customer agree that the delivery time is advanced, the Photographer has the right to increase the originally agreed fee by at least 50%.
8.5 Each delivery, including delivery of a part of a compound assignment, can be invoiced separately if a part of a composite assignment is of value.
9. Complaints Complaints regarding the delivered work must be communicated to the Photographer in writing or via e-mail as soon as possible, but in any case within ten working days after delivery of the Photographic Works. The Photographer has the right to make good work for rejected work within a reasonable period of time, unless this would lead to disproportionate damage for the customer.
10. Possession / ownership Image carriers
10.1 USB sticks issued by De Fotohoeve will always be owned by the Client.
11.1 Image Carriers made available as a visual consignment that are not used must be returned by the customer within ten working days of receipt.
11.2 Digital files that have been received as a visual shipment with Photographic works that are not used must be deleted by the customer within ten working days of receipt. or destroyed.
11.3 In the event that Image Carriers and / or digital files with Photographic Works are retained for longer than the agreed period, the Client shall be obliged to compensate the damage that the Photographer suffers as a result.
11.4 The customer is not only obliged to timely return of the original it is sent to the Photographer, but he will also not make any duplicate in any form of the Image Carriers and / or received digital files with Maintain photographic works and immediately destroy or destroy any such duplicate.
12.1 An assignment agreement is an agreement whereby the Photographer commits himself to the customer to make and / or deliver Photographic Works.
12.2 A commission agreement is established through acceptance by the customer of the Photographer’s quotation. This acceptance may also be apparent from the sending by the Photographer to the customer of a written order confirmation held by the customer or, in the absence thereof, from the actual knowledge and tolerance of the customer of the execution of work by the Photographer in accordance with the quotation.
12.3 The Photographer has the right to perform everything that has not been explicitly described in an assignment agreement in terms of technical and creative insight.
12.4 Changes to the order by the customer for whatever reason and pending the performance of the commission agreement, are at the expense of the customer and will only be carried out by the Photographer after a separate quotation of additional costs signed by the customer for approval and to the Photographer has been returned.
12.5 In the event of cancellation of an assignment agreement by the customer at any time and for any reason whatsoever, the Photographer is entitled to the agreed fee, less the costs not yet incurred.
12.6 Unless expressly agreed otherwise, the Photographer is completely free to choose the suppliers and third parties with whom the Photographer works to implement the commission agreement, including models and stylists.
13. Internet No provision yet.
14. Copyright The copyright on the Photographic works rests with the photographer. After receipt of photos on USB stick or via e-mail, the photos are owned by the customer. De Fotohoeve may always request the client to use photographs for advertising or promotional purposes.
15.1 Permission for the use of a Photographic work by the customer shall only be given in writing and in advance in the form of a license as defined by the Photographer in terms of its nature and scope in the quotation and / or the order confirmation and / or the related invoice. 15.2 If nothing has been determined with regard to the scope of the license, it shall never include more than the right to use once, in its unaltered form, for the benefit of a purpose, circulation and manner as parties to the conclusion of the agreement in accordance with the concept of the Photographer, have meant.
15.3 In the absence of a specifically agreed manner of publication and / or described purpose and / or circumscribed edition, only those powers are deemed to have been given, which are included as standard in the license or which necessarily result from the nature and scope of the agreement.
15.4 If the Photographer has given permission for electronic or other forms of image manipulation, the result can only be used after his explicit written approval.
16. Sublicenties Unless otherwise agreed, the customer is not authorized to grant sublicenses to third parties.
17. Infringement of copyright
17.1 Any use of a Photographic work that has not been agreed shall be regarded as an infringement of the copyright of the Photographer.
17.2 In the event of an infringement, the Photographer shall pay a fee of at least three times the license fee customarily used by the Photographer for such use, without losing any right to compensation for other damage suffered (including the right to compensation of all direct and indirect damages). indirect damage and all actual judicial and extrajudicial costs).
18.1 The name of the Photographer must be clearly stated in a Photographic work used, or included in the publication with a reference to the Photographic work.
18.2 In the event of non-compliance with this condition, the Photographer will pay a fee of at least 100% of the license fee customarily used by the Photographer, without losing any right to compensation for other damage suffered (including the right to compensation of all direct and indirect damages). and all actual judicial and extrajudicial costs).
18.3 If the customer has received written permission to reproduce the Photographic Work in any form whatsoever, it is obliged to ensure that the Photographer’s name is affixed to these reproductions. In the case of digital / electronic copies, the customer is also obliged to ensure that the complete metadata – as made by the Photographer as part of the digital file – are retained; this concerns information according to the EXIF, the IPTC, the XMP and the ICC standards.
19. Personality rights
19.1 The customer shall at all times observe the personality rights of the photographer in accordance with Article 25 paragraph 1 sub c and d Aw during the reproduction and publication of a Photographic work.
19.2 In the event of violation of the said personality rights, the Photographer will pay a fee of at least 100% of the license fee customarily used by the Photographer, without losing any right to compensation for other damage suffered. (including the right to compensation of all direct and indirect damages and all actual judicial and extrajudicial costs).
20. Rights of third parties
20.1 The customer who publishes a Photographic Work is, with the exclusion of others, responsible for obtaining permission from persons portrayed and / or other entitled parties. The customer indemnifies the Photographer against all claims in this matter.
20.2 The Photographer is obliged to cooperate according to his ability to trace the persons referred to in this article.
21. Liability Photographer. The Photographer is not liable for any damage caused to the customer, unless there is gross negligence or intent on the part of the Photographer or persons engaged by him. The liability is in any case limited to the amount of the invoice amount, or, if and insofar as there is an insured loss, to the amount of the sum actually paid under the insurance.
22. Bankruptcy / moratorium Both the Photographer and the customer have the right to immediately terminate the agreement in the event of bankruptcy or suspension of payment of the other party. In the event of bankruptcy of the customer, the Photographer has the right to terminate the license provided, unless the consequences of this are in conflict with reasonableness and fairness.
23.Right and forum choice
23.1 All cases in which these General Terms and Conditions apply are governed by Dutch law. 23.2 The applicability of the Vienna Sales Convention 1980 (CISG) is excluded.
23.3 Any dispute regarding the text and explanation of these General Terms and Conditions and a legal relationship between the Photographer and the customer will be submitted to the competent court in the Netherlands.