Terms and Conditions (Photography)
In these general terms and conditions the following terms have the following meanings:
- Piece of Mies: Piece of Mies and / or Citified Pixels Photography as part of Piece of Mies, owner and photographer Michelle van den Berg, Chamber of Commerce number 78278791, www.pieceofmies.nl
-Customer: The person who requests a quote and / or books a photo report and / or buys products and / or the legal or natural person who otherwise enters into one or more agreements with Piece of Mies as a (business) relationship.
- Services and / or products: All photo reports and / or product sales carried out by Piece of Mies for whatever purpose, provision of information via the website, mail, whatsapp, telephone and social media and through offers and invoices
Article 1. Applicability of General Terms and Conditions
1. These general terms and conditions apply to all products and services as well as to the creation and performance of services and all other possible agreements of Piece of Mies.
2. When purchasing products and services you automatically (tacitly) agree to these conditions. If you object to these conditions, you can only make this known in writing and prior to reporting or product sales.
3. These general terms and conditions can be modified by Piece of Mies at any time, any conditions applied by customers of Piece of Mies do not apply.
Article 2. Photo reports
1. You choose a particular photographer because the style of this photographer appeals to you. Piece of Mies is free to apply her artistic knowledge and insight into the photo report.
2. A selection of photos is made from each photo report. Piece of Mies will make a selection of the best photos in her opinion, so that the photographer's style is reflected in the photo report. The photo report is only complete after Piece of Mies has made this selection. Piece of Mies is free to judge at its own discretion which photos are and which are not suitable to show you. You cannot rely on photos that, according to Piece of Mies, are not suitable for display.
Article 3. Bookings
1. You can book a photo report: via the form on the site, by telephone, by Whatsapp or by e-mail.
2. Any travel costs of Piece of Mies are not included in the price of a photo report and must still be paid separately. These travel costs are determined by Piece of Mies and can be changed at any time only by Piece of Mies. Travel costs are announced to the customer in advance on the quotation.
3. Offers are without obligation unless expressly stated otherwise. Piece of Mies has the right to withdraw from this offer up to 2 days after receipt of its acceptance of its offer. The offer does not oblige to deliver part of the performance at a proportional price.
4. By agreement you must make a down payment of 25% of the total cost. Payment of the aforementioned amounts must be made within 14 days after the date of the confirmation / invoice of the Piece of Mies agreement.
5. Booking a photo report is not permanent. If a reservation is canceled by the customer, the deposit will not be refunded. In the event that Piece of Mies is unable to perform the agreement in whole or in part due to force majeure, you are entitled to a refund of (the part of) the deposit already paid.
6. The weather is an unstable factor. Photos can be taken in cloud and sunshine. However, not in the rain because of the equipment. If you decide to send Piece of Mies despite rain forecasts and the photo report is canceled, you pay the costs that Piece of Mies had to make.
7. Your photo report and your photos are made for you personally, therefore unfortunately no refunds are possible under any circumstances.
Article 4. Payments and payment term
1. By placing an order you indicate that you agree with these payment terms. These conditions apply to all orders, unless agreed otherwise in writing in consultation with both parties.
2. After placing your order you will receive an invoice as soon as possible with a description of the order, the costs and the bank details to pay the invoice.
3. The payment term of your invoice is 7 days after photo report, unless agreed otherwise. If you have not or not fully paid the amount due within the payment term, the outstanding amount will be increased by € 7 administration costs plus the applicable statutory interest. If the amount is not yet fully paid 30 days after the invoice date, Piece of Mies is obliged to declare you in default and to hand over the claim to a collection agency. All additional costs are then for your account.
4. The delivery time may differ per product. The photos and / or the product will be sent after full payment of the invoice. If desired, you can request the estimated delivery time. The delivery times stated on the website and / or social media and / or packages and / or other toxic methods commence after full payment of the invoice.
5. Each additional photo you want to edit costs € 5 extra and must be paid in advance.
6. Your photo report and your photos have been made for you personally, unfortunately no refunds are possible under any circumstances.
Article 5. Complaints, Liability & Responsibility
1. Complaints regarding the work delivered must be reported to the photographer in writing as soon as possible, but in any case within ten working days after delivery of the photos. The photographer has the right to deliver good work for rejected work within a reasonable period of time.
2. It is in no way possible to claim a refund. If dissatisfied, a new appointment may be made to still achieve the desired goal. This is only possible if an official complaint has been lodged within 10 days according to point 5.1.
3. It is in no way possible to make (damage) claims on the photographer, in whatever sense.
4. You are responsible and liable for yourself and your property during the photo report. In the broadest sense of the word, damage to yourself, your property and others cannot be recovered from the photographer in any way.
5. Participation in a photo report and / or workshop is entirely at your own risk.
Article 6. Copyrights & Publications
1. Copyrights (and other rights attributed to the photographer by Dutch law) of all reports always remain in the possession of Piece of Mies. If you want to use photos for publication, always contact Piece of Mies in advance.
2. Delivered photos are always subject to copyright Piece of Mies. You are purchasing a digital photo, not the rights to the photo. If you want to use or publish a photo, you must always request prior written permission from Piece of Mies.
3. Any permission for publication is valid only through a written agreement with Piece of Mies (License), which you must be able to show at any request from Piece of Mies.
4. Any assigned right to publication is personal and non-transferable.
5. All photos of Piece of Mies are copyrighted. It is therefore not permitted to reproduce or publish these products without the prior written permission of Piece of Mies. Digital files are also copyrighted and therefore only for your own use and not for publication.
6. Piece of Mies may at any time use the photos in its sole discretion, sell them to third parties, reproduce and publish them for both non-commercial and commercial purposes. Piece of Mies is under no obligation to report this to the owner, although attempts are made to inform you of upcoming publications if possible.
7. If you want to use text or image material from Piece of Mies for publications of any kind, please contact Piece of Mies in advance. An appropriate fee will be discussed.
8. For any form of agreed publication, the photo must clearly state: “Photo: Citified Pixels photography by Piece of Mies” or “Photo: pieceofmies.nl”. If this condition is not complied with, the photographer will receive an additional compensation of at least 100% of the amount due in publication rights.
9. In the event of publication / publication, the other party must immediately provide a copy of the publication to the photographer without any cost calculation.
10. If photographic works have been supplied as a digital file, you will delete and / or destroy them after the agreed use and not store them for reuse. Failure to comply with this obligation or to comply with it in time will not result in the loss of any right of Piece of Mies.
11. In the event of agreed use on the Internet, you will ensure that the dimensions of the photographic work that you depict on the Internet do not exceed 800 by 533 pixels.
12. No use of the photographic work in any way is allowed, as long as you have not yet paid any outstanding invoice from Piece of Mies or otherwise have not fully complied with any obligation arising from any agreement with Piece of Mies. .
13. Any use of a photographic work that has not been agreed is considered to be a copyright infringement of Piece of Mies. In the event of infringement, Piece of Mies will be reimbursed at least 3 times the fee usually charged by Piece of Mies for such a form of use, with a minimum of € 300.
14. If the full invoice has not been paid after a photo report and after the aforementioned period (Article 4), the photos remain in the possession of Piece of Mies and Piece of Mies is not obliged to provide them after all.
Article 7. Licenses
1. Permission for use of a Photographic Work by the other party is only granted in writing and in advance in the form of a license as described in nature and size by Piece of Mies in the offer and / or the order confirmation and / or the supervisor invoice.
2. If nothing has been determined regarding the scope of the license, this shall never include more than the right to one-time use, in unaltered form, for the purpose, circulation and manner as parties when entering into the agreement in accordance with the term of the Photographer.
3. In the absence of a specifically agreed method of publication and / or described purpose and / or circulation, only those powers are deemed to have been given, which are included as standard in the license or which, from the nature and purport of the agreement, are necessarily follow.
4. If Piece of Mies has given permission for electronic or other forms of image manipulation, the result can only be used after its express written approval.