Terms and Conditions of Ania Liesting Portraits

Definitions

Ania Liesting Portraits: Ania Liesting Portraits, located in Maasbree under Chamber of Commerce number 66726484, anialiestingportraits.com.
 

Customer: the party with whom Ania Liesting Portraits has entered into an agreement, also the acceptor of these general terms and conditions.
 

Parties: Ania Liesting Portraits and customer together.
 

Consumer: a customer who is also an individual and who acts as a private person.
 

Quotation: all offers from Ania Liesting Portraits to (legal) persons with the aim of entering into an agreement.
 

Agreement: the agreement for assignment between Ania Liesting Portraits and the customer.
 

Assignment: the service or product to be delivered by Ania Liesting Portraits.
 

Cancellation: termination or dissolution of the agreement.
 

Written: electronic communication such as email, provided the identity of the sender and the authenticity of the communication are sufficiently established. The burden of proof regarding the receipt of electronic communication always lies with the customer.
 

Use: reproduction and/or disclosure within the meaning of the Copyright Act 1912 (Aw)

Photographic works (also: Works): photographic works as referred to in Article 10, paragraph 1, sub 9 Aw, or other works within the meaning of the Aw, which can be equated with the intended photographic works.
 

Applicability of general terms and conditions

These conditions apply to all quotations, offers, work, orders, agreements, and deliveries of services or products by or on behalf of Ania Liesting Portraits.
 

Parties may only deviate from these conditions if they have expressly and in writing agreed to do so.

Parties expressly exclude the applicability of (additional and/or deviating) general terms and conditions of the customer or third parties.
 

Acceptance
 

The customer must accept the offer explicitly and in writing. If the customer fails to do so but nevertheless agrees, or at least gives the impression that Ania Liesting Portraits is performing work under the agreement, the offer is considered accepted.

Upon acceptance of a quotation or offer, Ania Liesting Portraits reserves the right to withdraw the quotation or offer within 3 days after receiving the acceptance, without the customer having any rights to this.

Ania Liesting Portraits reserves the right to refuse an assignment if new information becomes available after acceptance that makes execution unacceptable for Ania Liesting Portraits.

After acceptance, the agreement can only be amended with mutual consent. In that case, Ania Liesting Portraits is entitled to adjust the price payable for the agreement.
 

Cancellation of the assignment
 

In the event of cancellation of an assignment by a consumer, the costs of reserving a photo session will not be refunded.

Consumers may reschedule the photo shoot up to 24 hours before the session starts.
 

Execution of the assignment
 

Ania Liesting Portraits will carry out the assignment to the best of its insight and ability and in accordance with the requirements of good craftsmanship, in the style in which Ania Liesting Portraits usually works.

Ania Liesting Portraits will make every effort and act to the best of its ability in the given and existing circumstances during the photo shoot and/or reportage.

The execution of the assignment takes place in consultation and after written agreement and payment of any agreed advance by the customer.
 

The customer is obliged to do and refrain from everything reasonably necessary and desirable to enable a timely and correct execution of the assignment.

If the customer has not ensured that Ania Liesting Portraits can start the execution of the agreement on time, the resulting additional costs and/or extra hours will be borne by the customer.

The customer undertakes to make the conditions as favorable as possible for Ania Liesting Portraits and, where necessary, to take measures, including, but not limited to, instructing other attendees.

Group photos and other specifically requested photos by the customer can only be produced by Ania Liesting Portraits if the circumstances allow, there is sufficient time available, and the customer takes sufficient measures to enable the production of these images, including but not limited to designating important persons.
 

Ania Liesting Portraits explicitly does not guarantee that all photos desired by the customer will actually be delivered.
 

Ania Liesting Portraits delivers the images in the style commonly used by him, applying a general image optimization to, among other things, light, color, contrast, and composition. In this regard, Ania Liesting Portraits will only carry out some post-processing to remove or reduce existing elements in the photo, including, but not limited to, removing or reducing disturbing elements in the environment and temporary items.
 

Post-processing beyond this is only possible after consultation with Ania Liesting Portraits and may incur additional costs.
 

Locations
 

For all photography on location, the customer is responsible for choosing the final location for the photo shoot. Ania Liesting Portraits may offer advice on location if requested.

The choice of location can have a significant impact on the end result of the photo shoot. Ania Liesting Portraits can, therefore, not be held liable for the consequences of the choice of location, including, but not limited to, any resulting aesthetic shortcomings.
 

Travel costs
 

Travel costs are based on the public transport rate or €0.34 per kilometer, calculated on the basis of the fastest route according to the Google Maps route planner. These costs will be passed on to the customer.
 

Force majeure
 

Ania Liesting Portraits is not obliged to fulfill any obligation to the customer if he is hindered in doing so as a result of a circumstance that is not due to his fault, nor is it for his account by law, legal act, or generally accepted practice.

In these terms and conditions, force majeure is understood to mean, in addition to what is understood by force majeure and the law and jurisprudence, all external causes, foreseen or unforeseen, over which Ania Liesting Portraits cannot exert any influence but as a result of which Ania Liesting Portraits is unable to fulfill its obligations.

Force majeure includes strikes at Ania Liesting Portraits or third parties, technical failures, government measures, illness, as well as delays or errors in the transport of goods by carriers.
 

Payment and payment term
 

Unless otherwise agreed, payment must be made in full within 14 days of the invoice date, in a manner indicated by Ania Liesting Portraits and in the currency in which the invoice is made.

If the customer fails to pay within the period of 14 days, the customer is in default by operation of law without further notice of default being required. In that case, the customer owes an interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest applies.

In the event of liquidation, bankruptcy, attachment, or suspension of payment of the customer, the claims of Ania Liesting Portraits on the customer are immediately due and payable.

If the customer is in default or omission with regard to the (timely) fulfillment of its obligations, all reasonable costs incurred in obtaining satisfaction out of court will be borne by the customer. If the customer remains in default in the timely payment of a sum of money, the customer owes an immediate fine of 15% of the amount still owed. This with a minimum of 75 euros.
 

Ownership and use
 

The ownership of the images remains with Ania Liesting Portraits at all times.

Ania Liesting Portraits reserves the right to use the images for promotional purposes, including on its own website and social media channels.

The customer is not allowed to use the images for commercial purposes without the permission of Ania Liesting Portraits.
 

Copyright
 

Ania Liesting Portraits retains all rights of use and copyright of the images made by Ania Liesting Portraits.

The customer is not allowed to edit or change the images in any way without the written permission of Ania Liesting Portraits.

The customer is not allowed to remove or alter the watermark on the images without the written permission of Ania Liesting Portraits.
 

Complaints
 

Complaints about the execution of the agreement must be submitted in writing to Ania Liesting Portraits within 14 days after the customer has discovered the defect or could reasonably have discovered the defect.

Complaints that are submitted too late will not be dealt with by Ania Liesting Portraits.

If a complaint is justified, Ania Liesting Portraits will still carry out the work as agreed, unless this has become demonstrably pointless for the customer. The latter must be made known in writing by the customer.

If it is no longer possible or useful to execute the work as agreed, Ania Liesting Portraits will only be liable within the limits of Article "Liability" of these terms and conditions.
 

Liability
 

Ania Liesting Portraits is not liable for damage, of whatever nature, because Ania Liesting Portraits has based itself on incorrect and/or incomplete information provided by the customer, unless this inaccuracy or incompleteness should have been known to Ania Liesting Portraits.
 

If Ania Liesting Portraits is liable for any damage, the liability of Ania Liesting Portraits is limited to the amount of the payment made by the insurer of Ania Liesting Portraits, at least up to the amount of the agreement, or at least that part of the agreement to which the liability relates.
 

Ania Liesting Portraits is only liable for direct damage.
 

Under direct damage, exclusively understood the reasonable costs to determine the cause and scope of the damage, insofar as the determination relates to damage within the meaning of these conditions, any reasonable costs incurred to have the defective performance of Ania Liesting Portraits comply with the agreement, insofar as these can be attributed to Ania Liesting Portraits and reasonable costs incurred to prevent or limit damage, insofar as the customer demonstrates that these costs have led to the limitation of direct damage as referred to in these general terms and conditions.
 

Ania Liesting Portraits is never liable for indirect damage, including consequential damage, loss of profit, missed savings, and damage due to business interruption.
 

Expiry period
 

Notwithstanding the statutory limitation periods, the limitation period for all claims and defenses against Ania Liesting Portraits is one year.
 

Applicable law and disputes
 

Dutch law applies exclusively to all agreements between Ania Liesting Portraits and the customer to which these general terms and conditions apply.
 

All disputes arising from agreements between Ania Liesting Portraits and the customer to which these general terms and conditions apply will be submitted exclusively to the competent court in the Netherlands.