Terms of Use

Article 1. Definitions

In these general terms and conditions, the following terms shall have the following meanings:
Offer: all offers from the photographer to (legal) persons with the intention of concluding an agreement.
Agreement: the agreement of assignment between the Photographer and Client.
Assignment: the service or product that will be delivered by the photographer.
Photographer: Photography By Meraki, KvK 83046798, Btw-id 003768262B19, also user of these general terms and conditions and contractor.

Client: the (legal) person or persons with whom the photographer has concluded the agreement, also the acceptor of these general terms and conditions.
Cancellation: termination or disbandment of the agreement.
In writing: electronic communication such as e-mail and chat messages, provided that the identity of the sender and the authenticity
of the communication are sufficiently established. The burden of proof regarding receipt of electronic communication lies at all
times with the client.
Use: duplication and/or publication within the meaning of the Copyright Act 1912
Copyright Act 1912


Article 2. Application

These general terms and conditions apply to all legal relationships between the photographer and client, as well as to all quotations,
offers and agreements.
Provisions or conditions set by the client that deviate from, or do not appear in, these general terms and conditions are only binding for the photographer if and to the extent that they have been expressly accepted in writing by the photographer.


Article 3. Offer

The photographer makes an offer in the form of a quotation or price list.

Unless otherwise agreed, the offer loses its validity 30 days after the date of shipment by the photographer.

The price estimates in offers and quotations may be subject to changes due to (unforeseen) changes in the work or price increases of the raw materials. The photographer will inform the client of this as soon as possible.


Article 4. Acceptance of the assignment

The client must accept the offer explicitly and in writing. If the client fails to do so, but nevertheless agrees, or at least gives the impression, that the photographer is performing work within the framework of the agreement, the offer will be considered accepted.

The photographer reserves the right to refuse an assignment if new information becomes available after acceptance, that makes
execution unacceptable for the photographer.

After acceptance, the agreement can only be changed with mutual consent. In that case, the photographer is entitled to adjust the price due for the agreement.

Article 5. Gift vouchers

The photographer only offers personalized gift vouchers.

Gift vouchers are therefore not subject to the right of withdrawal and cannot be returned.

Gift vouchers are valid for 1 year after the date of issue. After this, the value of the gift voucher expires.

Any excess value of a gift voucher (for example when the voucher is redeemed for a different type of and/or cheaper photoshoot than
stated) will not be refunded upon return of the voucher.


Article 6. Execution of the assignment

The photographer will execute the assignment to the best of her knowledge and ability and in accordance with the requirements
of good craftsmanship, in the style in which the photographer usually works.
The photographer will make an effort and will act to the best of her ability in the given and existing circumstances during the photoshoot. The client undertakes to make the circumstances for the photographer as favourable as possible and to take measures where necessary, including, but not limited to, instructing other people present.

The photographer delivers the images in the style she usually uses. The photos are always carefully edited and delivered in colour. Sometimes the photographer can choose to deliver a photo in black and white, this choice can be made to get the most out of the photo. If the client prefers to receive only photos in colour, this must be indicated in writing prior to the shoot.
Post-processing outside of this is only after consultation with the photographer and may entail additional costs.
It is not permitted to make filters, edits or other adjustments to the delivered photos yourself.

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


Article 7. Delivery

Unless otherwise agreed, the photographer only uses estimated delivery times.

The personal gallery in which the choices can be made will be sent within 48 hours via a link on WhatsApp. The client will also receive a preview, this is outside the amount of photos in the chosen package.
The photos must be selected within 1 month after receiving the email. The client will receive a reminder after 2 weeks to select photos. If no choice has been made after 1 month, the package contents can be changed to any new content that is listed on the website and the delivery time of 6 weeks will lapse.
Ordering additional photos costs the client €25 per photo, the client is to immediately submit these choices when selecting the photos in the gallery.
From the moment the link with photos has been sent, the client has 1 opportunity to indicate which photos the client wishes to receive in black and white. This should happen immediately when the choices are submitted.
The selected digital photo files will be delivered to the client no later than 6 weeks after they have been selected, in jpeg format via WeTransfer.
The client will receive 2 folders. 1 folder will bear the name "Jpeg Large", which explicitly contains photos for printing. These do not contain a logo and have a larger format which makes them unsuitable for sharing on social media.
The client is not allowed to place these photos online, nor to share these photos in their own circle.
The client will also receive a folder which bears the name "Jpeg Small", these contain a logo and are the correct format for social media and also for sharing in their own circle.

The photographer will report products with a longer delivery time in a timely manner. The estimated delivery time of these products will be communicated to the client by e-mail or chat message.

Delivery will not take place until payment for the relevant service, files or product has been received.

RAW files are not supplied (see also Article 12.9)


Article 8. Compensation

If the parties have not agreed on compensation, the photographer`s usual compensation will apply.

If no usual compensation can be agreed upon, the photographer will charge a reasonable and fair  compensation for the work delivered.

If it is plausible that the photographer has incurred higher costs and/or performed additional work, which were reasonably necessary to complete the assignment, the photographer will pass this on to the client.

The final compensation will be based on the work performed and costs incurred based on post-calculation, taking into account the agreed hourly rate and other usually applied prices.

All amounts stated by the photographer include VAT, unless otherwise agreed.


Article 9. Payment terms

The client must confirm and pay for the order prior to the execution of the order, via the designated and received email, unless otherwise agreed.

The payment term is 14 days after the invoice date, unless otherwise agreed.


Article 10. Cancellation and suspension

If an invoice is not paid within the payment term, the photographer can, after the client has been informed of this, suspend all her activities for the benefit of the client until the amount of the invoice has been paid.

If the client does not provide the necessary information for the execution of the assignment in time or fails to be present (in time), while this is necessary for the execution of the assignment, the photographer is entitled to suspend or terminate the agreement.

Suspension or termination of the agreement will take place in writing.

In the event of termination of the agreement by the client, the photographer will offer a voucher for the invoice paid or still to be paid, but agreed upon. This may be submitted at another time as desired. If the photographer`s rates have changed in the meantime, these and also the additional travel costs will be charged for the next agreed date. Payment of the additional costs must be made prior to the date on which the photoshoot actually takes place.

In the event of serious circumstances that make it impossible for the photographer to carry out the assignment on the agreed date, the photographer will, if necessary, arrange for a replacement photographer or, if possible, agree on a new date.

If, due to justifiable circumstances, including but not limited to illness and extreme weather conditions, it is impossible to carry out the assignment on the agreed date, a new date will be agreed upon no more than three times in consultation.

The payment obligation also applies if the client does not wish to use the work or products produced within the framework of the agreement.

If an invoice is not paid within the payment term, the statutory interest is due on the outstanding invoice amount without further notice by the photographer.


Article 11. Complaints

Complaints about the execution of the agreement and/or objections to an invoice must be submitted to the photographer in writing no later than 7 days after receiving of the photo files.

Complaints after the term mentioned in paragraph 1 will no longer be processed.

Complaints or objections submitted do not suspend the payment obligation.


Article 12. Copyright

Each agreement includes the license described in this article with regards to the photographic work of the photographer, unless otherwise agreed.

The copyright as well as other intellectual property rights on all works developed in the context of the assignment rests with the photographer.

The photographer reserves the right to use the works for his own promotional purposes and publications, including, but not limited to, website and weblog, portfolio, advertisements, social media, magazine articles, in printed matter, exhibition material and demonstration material.

The client is not entitled to reproduce or publish the work outside the domestic circle, unless otherwise agreed. This also includes screenshots, sharing or printing the personal gallery.

The client is expressly not entitled to use or trade the photos for business or commercial purposes, or at least for other purposes outside the domestic circle, without the prior consent of the photographer.

Unless otherwise agreed, the client is not authorised to grant sublicences to third parties, nor transfer its own licence.

The client must request written permission to submit a photo for competitions and publications by third parties.

The client must respect the photographer`s personal rights, including the obligation to mention the name, as stated in article 25 of the Copy Right laws.

Digital or analogue editing or modification of the delivered works is not permitted without prior written permission from the photographer.

Any use of a work of the photographer that has not been agreed upon is considered an infringement of the photographer`s copyright.

Royalty-free: Buying the copy rights is possible per photo, for this purpose contact the photographer, Photography By Meraki.

In the event of infringement of the photographer`s copyright and/or personal rights, the photographer will charge three times the usual license fee for such a case, to compensate for the damage suffered.

Compensation for damages does not entitle the client to further use the work of the photographer.


Article 13. Portrait rights

The photographer reserves the right to use the works for his own promotional purposes and publications, including, but not limited to, website and weblog, portfolio, advertisements, social media, magazine articles, in printed matter, exhibition material, unless otherwise agreed.

Photographer reserves the right to license the works to third parties for promotional purposes.

Objections to publication of portraits must be made known to the photographer in writing prior to the agreement.

Deviating agreements will be recorded in writing.


Article 14. Liability

The photographer is not liable for any damage incurred by the client, unless there is intent or gross negligence on the part of the photographer or his representatives.

The photographer is not liable for the purchase of a day ticket. The client is responsible for the day ticket and the costs thereof at locations that require this. Any fine is also directed at the client who has consciously taken the risk of not purchasing the day ticket, this cannot be recovered from the photographer.

Photographer is not liable for color deviations on uncalibrated screens or prints that were not supplied by the photographer.

Liability is limited to the amount of the invoice.


Article 15. Changes to these general terms and conditions

The photographer reserves the right to change or supplement these general terms and conditions.

Changes will be communicated to the client in writing and in a timely manner.

If the client does not wish to accept a proposed change, he can terminate the agreement up to the date on which the new general terms and conditions come into effect.


Article 16. Other provisions

If a provision of the agreement and/or the general terms and conditions proves to be null and void or voidable, the other provisions and the agreement will remain in force.

Dutch law applies to all legal relationships between Photography By Meraki and the client.