Terms & Conditions

GENERAL TERMS AND CONDITIONS

Definitions
1. The Photographer: Ville Virtanen – Photos by Ville (hereafter the Photographer), established in Amersfoort, Chamber of Commerce no. 83588892. Also the user of these general terms and conditions and contractor
2. The Client: the person or persons (hereafter the Client) with whom the Photographer has entered into an agreement with, also the person accepting these General Terms and Conditions
3. Parties: The Photographer and the Client together.
4. Assignment: the service or product provided by the Photographer
5. Quote: offers made by the Photographer to the Client, the aim is to conclude a contract.
6. Contract: the agreement between the Photographer and the person or persons with whom the agreement is made
7. In Writing: written electronic communication will be accepted, as long as provided that the sender’s identity and the message integrity have been sufficiently established. This is the responsibility of the Client.
8. Cancellation: termination or dissolution of the contract.
Applicability
1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of the Photographer.
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
Offers and quotations
1. Offers and quotations from the Photographer are without engagement unless expressly stated otherwise.
2. An offer or quotation is valid for a maximum period of 14 days from its date unless another acceptance period is stated in the offer or quotation.
3. The offer does not oblige the Photographer to deliver the services.
4. If the Client accepts the quote, they should inform the Photographer of this in writing.
5. If the Client does not accept an offer or quotation within the applicable time frame, the offer or quotation will lapse.
Acceptance of the assignment
1. The Client must accept the offer explicitly and in writing. If the Client fails to do so, but nevertheless agrees to it, or at least gives the impression that the Photographer is performing work within the framework of the agreement, then the offer is tacitly regarded as accepted.
2. Upon acceptance of a quotation or offer without engagement, the Photographer reserves the right to withdraw the quotation or offer within three days after receipt of the acceptance, without any obligations towards the customer.
3. The Photographer reserves the right to refuse an assignment if new information becomes available after acceptance that makes the execution unacceptable to the Photographer.
Changes for the assignment
1. After the assignment has been accepted, the contract can only be changed by mutual agreement. In such an event, the Photographer has the right to adjust the price agreed accordingly.
2. In the case of wedding photography assignment, if the planned date is changed by the Client the following extra charges are applied:
  - If the wedding date is changed within 45 days before the initial wedding date, 20% extra of the agreed amount will be charged.
Carrying out the assignment
1. The Photographer will carry out the assignment with the Photographer’s best ability providing the style and the quality usually supplied by the Photographer.
2. The Photographer will make every effort to meet all wishes of the Client and will act to the best of his ability in the given and existing circumstances during the photo session and/or report.
  - Wedding photography,
    - due to the nature of a wedding photo shoot, the Photographer cannot guarantee that all wishes and each and every moment can be captured. The Photographer excludes any liability for the consequences of missing photos.
3. The Photographer has the right to accomplish any aspects of the assignment using Photographer’s own technical and creative ideas if it’s not explicitly described in the contract.
4. The Client shall make the conditions for the Photographer as favourable as possible
5. In case of higher unexpected expenses to carry extra work, the Photographer has the right to charge these to the Client.
6. If due to unexpected circumstances (Except in the event of force majeure), the Photographer is unable to carry out the assignment in person,
  1. Weddings photoshoots
    - The Photographer shall do everything within moderation to provide a substitute photographer with a similar style. If no substitute photographer can be found for the assignment, the Photographer has to cancel the assignment. The Client will receive any deposits back.
  2. Interior design photoshoots:
    - Parties shall try to agree mutually a new date for the assignment. If the date cannot be changed, the Photographer shall do everything within moderation to provide a substitute photographer. If no substitute photographer can be found for the assignment, the Photographer has to cancel the assignment. The client will receive any deposits back.
Delivery
1. The Photographer will create a selection of the photos to be delivered based on his quality and style criteria.
2. The Photographer delivers photos in the style he normally uses. Photos are edited for colour, contrast, light, white balance, and details. The Photographer explicitly does not apply any extreme editing and only removes unwanted elements if he finds it necessary. The Photographer does not offer to the Client unedited original photos (RAW files). Non- selected photos will be destroyed after payment and cannot be claimed afterwards.
3. Delivery of digital files is done digitally by using an online gallery.
4. Unless otherwise agreed, the Photographer use only estimated delivery times.
5. Estimated delivery times
  1. Wedding photography assignments:
    - The Photographer will always aim to send the Client a preview of a few photos within three working days.
    - The estimated delivery time of all final edited photos is within one month of the wedding date.
    - The Photographer will notify the Client in advance in case he can’t meet the standard delivery time.
  2. Interior design photography assignments:
    - The estimated delivery time is within two weeks of the photoshoot date.
    - The Photographer will notify the Client in advance in case he can’t meet the standard delivery time.
6. The method that photos are delivered:
  1. Wedding photography assignments:
    - The Photographer will provide access for the Client to an online gallery where all photos can be viewed and downloaded. The online gallery will remain online for six months.
    - The Client has rights to use all photos taking into account the copyrights, outlined in article 14.
  2. Interior design photography assignments:
    - The Photographer will provide access for the Client to an online gallery, where all photos can be viewed and downloaded in low resolution.
    - The Client will choose the photos they want to buy and will provide the Photographer with any specific requests for editing.
    - The Photographer will finalize the photos and will upload the high resolution photos to the online gallery, where the Client can view and download all photos . The online gallery will remain online for 6 months.
7. The Photographer maintains the photos himself but is not responsible if photo material is lost due to technical malfunctions of the material in which there is a case of force majeure.
Photo album (Wedding assignments only)
1. After the Photographer has delivered the final photos to the Client, the Client is responsible to select the photos for the photo album.
2. After selection, the Photographer will make an initial design for the album according to the Photographer’s own insight, skill, and style. Estimated delivery time for the draft design is one 1 (one) week.
3. The Client can request any changes to the design.
4. In case of any changes, the Photographer will send a new draft design to the Client. Estimated delivery time is one 1 (one) week.
5. The Client can request any changes to the design for one last time.
6. In case of any changes, the Photographer will send a new draft design to the Client. Estimated delivery time is one 1 (one) week.
7. When the design has been mutually agreed, the Photographer will order the photo album within one 1 (one) working day.
8. The Photographer cannot be held liable for delivery delays caused by the supplier.
9. If the photo album is ordered separately (not included in the package), the order cannot be waived after the design phase has been started or completed
Gift cards
1. The Photographer offers personalised gift cards. Gift cards cannot be returned and are non-refundable.
2. The validity of the gift card is one year from the date of issue. After one year, the value of the gift card will expire.
Prices
1. All prices stated by the Photographer are in euros.
  - If the Client is an individual person, VAT is included in the stated pricing
  - If the Client is a company, VAT is excluded in the stated pricing.
2. In case of higher unexpected expenses to carry extra work, the Photographer has the right to charge these to the Client.
3. The Photographer is entitled to adjust all prices for its services, shown on its website at any time.
Condition of payment
1. In case of wedding assignments, the Photographer will charge 10% of the selected wedding photoshoot package as a deposit. Deposit is not applied to other photoshoots provided by the Photographer. The payment term is 14 calendar days after written confirmation of the order.
2. The Photographer will send a digital invoice to the Client for the amount owed by the Client before final photos have been delivered. In case of wedding assignments, the Photographer will deduct the paid 10% deposit of the total amount. The payment term is 14 calendar days after the invoice date.
3. The Client has the responsibility to check the invoice for any inaccuracies. If the Client does not reject the invoice and inform the Photographer in writing stating the reason within 5 (five) working days of the invoice date, the invoice shall be deemed binding and the right of the Client to object shall lapse.
4. The Client shall pay the owed amount of the invoice to the bank account of the Photographer.
5. The Photographer will transfer the final full-resolution photos to the Client after the invoice is fully paid. The Photographer won’t transfer any finalized photos and won’t deliver any photo album if the invoice is not fully paid.
6. If the invoice is not paid within the payment term, the statutory interest (10%) and collection charges will be added to the outstanding amount of the invoice. The Photographer has the rights also for legal actions if the invoice is not paid after payment reminder.
Cancellations
1. The Client may only cancel the order in writing to the Photographer.
2. If the Client does not provide the necessary information for the execution of the assignment in time or is not present at the agreed time, while this is necessary for the execution of the assignment, the contract is seen suspended or dissolved by the Client.
3. In the event of the contract being dissolved by the Client:
  1. Weddings photoshoots:
    - If cancellation is informed more than 45 days before the assignment date, cancellation is free of charge. If the deposit is paid, it will be refunded to the Client.
    - If cancellation is informed between 45 and 7 days before the assignment date, 50% of the agreed amount will be charged.
    - If cancellation is informed less than 7 days before the assignment date, 100% of the agreed amount will be charged.
  2. Interior design photography assignments:
    - In case cancellation is informed less than 2 (two) weeks before the assignment, the Photographer will charge 50 euros (VAT 0%)
4. If due to unexpected circumstances (Except in the event of force majeure), the Photographer is unable to carry out the assignment in person,
  1. Weddings photoshoots
    - The Photographer shall do everything within moderation to provide a substitute photographer with a similar style. If no substitute photographer can be found for the assignment, the Photographer has to cancel the assignment. The Client will receive any deposits back.
  2. Interior design photoshoots:
    - Parties shall try to agree mutually a new date for the assignment. If the date cannot be changed, the Photographer shall do everything within moderation to provide a substitute photographer. If no substitute photographer can be found for the assignment, the Photographer has to cancel the assignment. The client will receive any deposits back.
5. In case of unexpected circumstances (including illness and physical injury), the Photographer is not liable for financial damages and/or extra cost.
Complaints
1. Complaints about the execution of the contract should be sent to the Photographer in writing no later than 5 working days of the invoice date.
2. Complaints about the delivered products should be sent to the Photographer in writing no later than 5 working days after delivery.
3. Complaints after the period of 5 working days will no longer be considered.
4. Complaints submitted do not suspend the payment obligation.
Copyrights and license
1. If not agreed otherwise, each agreement includes the license described in this article concerning the photographic work of the Photographer.
2. The Photographer remains at all times the owner of all photos.
3. If not agreed otherwise, the Photographer has rights to use photos for his own business promotions, including the website, social media, blogs, and submitting for Awards. The Client won’t get compensation for this use.
4. The Client has the following rights to use photos:
  1. The Client is allowed to use photos indefinitely in private use
  2. If the Client is a company, the Client can use photos on their website, blogs, social media and marketing material.
  3. If the Client uses photos at social media channels, or anywhere on the Internet, the Client should always mention the name of the Photographer
  4. The Client is not permitted to post photos delivered by the Photographer in a different adaptation (detail, color, contracts, etc).
  5. The Client must request written permission to submit a photo for competitions and publications by third parties.
  6. The Client is not permitted to grant sublicensees to third parties, nor to transfer the license.
5. Any use of the Photographer’s work that has not been agreed upon is considered an infringement of the Photographer’s copyright.
6. In case of infringement of the Photographer’s copyright, the Photographer shall charge three times the normal license fee for such a case as compensation for damages suffered.
Portrait rights
1. If not agreed otherwise, the Photographer has rights to use photos for his own business promotions, including the website, social media, blogs, and submitting for Awards. In case there is a specific photo that the Client would prefer not to be published online, the Client should inform the Photographer in writing.
2. In case that institutions, organisations, or individuals feel that posted photos cause damage in some way to their identity, the Photographer should be informed in writing, stating the grounds for objections. The Photographer will remove these photos from the website or social media if the Photographer finds these grounds substantiated.
Liability
1. The Photographer is not liable for any damages suffered to the Client unless there is a matter of gross negligence or intent on the part of the Photographer.
2. Liability never exceed the amount of the invoice
Force majeure
1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of the Photographer in the fulfillment of any obligation to the customer cannot be attributed to the Photographer in any situation independent of the will of the Photographer, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from the Photographer.
2. The force majeure situations: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen, or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions, and work stoppages.
3. If a situation of force majeure arises as a result of which the Photographer cannot fulfill one or more obligations towards the customer, these obligations will be suspended until the Photographer can comply with it.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. The Photographer does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Transfer of rights
1. The customer cannot transfer its rights deferring from an agreement with the Photographer to third parties without the prior written consent of the Photographer.
Amendments to the general terms and conditions and the information on the website
1. The Photographer reserves the right to amend or supplement these General Terms and Conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in the content will be discussed with the Client in advance as much as possible.
4. The Clients are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
5. The Photographer reserves the right to amend or improve the information on the website at all times.
Applicable law
1. If a provision of the agreement and/or the general terms and conditions proves to be void or voidable, the other provisions and the agreement will remain in force.
2. All legal relationships between the Photographer and the Client are governed by Dutch law.
3. The Dutch court in the district where Photos by Ville is established is exclusively competent in case of any disputes between parties unless the law prescribes otherwise.