Terms of Use

Last Updated: October 4, 2021

Please read below my Terms of Use Photography and (below) Webshop.

 
 

PHOTOGRAPHY

The following General Terms and Conditions of DuPho, as filed with the Court of Amsterdam under number 66/2016, apply to all my legal relationships . 

1. Definitions

In these General Terms and Conditions the following terms have the following meanings:

  • Aw: Copyright Act 1912

  • Photographic work: photographic works as referred to in Article 10 paragraph 1 under 9 Aw, or other works within the meaning of the Aw, which can be aligned with the photographic works referred to.

  • Photographer: the user within the meaning of art. 6: 231 BW.

  • Counterparty: the counterparty within the meaning of art. 6: 231 BW.

  • Use: reproduction and / or publication within the meaning of Article 1 in conjunction. 12 and 13 Aw.

2. Application

These General Terms and Conditions apply to all legal relationships between a Photographer and a Other Party, including quotations, order confirmations and verbal or written agreements, even after the termination of an agreement, unless the parties have explicitly deviated from these conditions in writing.

3. Fee

3.1 If the parties have not agreed on a fee, the Photographer will determine the fee unilaterally and in reasonableness and fairness, taking into account the size and scope of the use of the work desired by the Other Party.
3.2 Necessary costs and / or additional work must be reimbursed by the Other Party.

4. Invoice and payment

4.1 Payment must be made within 14 days of the invoice date.
4.2 If the Photographer has not received the amount due within the period referred to in 4.1, the Other Party will owe statutory interest plus 2% on the invoice amount.
4.3 If the Other Party is in default or otherwise fails in the fulfillment of one or more of its obligations, including a copyright infringement, all costs incurred by the Photographer to obtain satisfaction in and out of court will be borne by the Counterparty.
4.4 No use of the Photographic Work in any way is permitted, as long as the Other Party has not yet paid any outstanding invoice from the Photographer.

5. Complaints

Complaints regarding the delivered work must be communicated to the Photographer in writing / by email as soon as possible, but in any case within ten working days after delivery of the Photographic Works. The Photographer has the right to deliver good work for rejected work within a reasonable period of time, unless this would lead to disproportionate damage for the Other Party.

6. Assignment

6.1 The Photographer has the right to perform everything that is not expressly described in an assignment agreement according to his own technical and creative insight.
6.2 Changes to the assignment by the Other Party for whatever reason will be for the Other Party's account and will only be carried out by the Photographer after a separate offer of additional costs that has been signed for approval by the Other Party and has been returned to the Photographer.
6.3 In the event of cancellation of an assignment agreement by the Other Party at any time and for whatever reason, the Photographer is entitled to the agreed compensation. In case of cancellation, the non-professional client only owes a reasonably determined part of the compensation, taking into account the work already performed.

7. Copyright

Copyright of the Photographic Works rests with the photographer.

8. License

8.1 Permission for use of a Photographic Work by the Other Party is only granted in writing / by email and in advance in the form of a license as described in nature and scope by the Photographer in the offer and / or the order confirmation and / or the supervised invoice.
8.2 If nothing has been determined regarding the scope of the license, it applies that it never covers 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 concept of the Photographer.
8.3 Exclusive exploitation must always be explicitly agreed in writing and does not fall under the exploitation right referred to in Article 8.2.
8.4 The Other Party is not permitted to transfer the exploitation right described in this article to third parties, unless the Photographer has given his prior written permission.
8.5 Unless otherwise agreed, the Other Party is not authorized to grant sub-licenses to third parties.

9. Copyright Infringement

9.1 Any use of a Photographic Work that has not been agreed upon will be deemed an infringement of the Photographer's copyright.
9.2 In the event of infringement, the Photographer will be reimbursed 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 for all direct and indirect damage and all actual judicial and extrajudicial costs).

10. Attribution and Personality

Rights 10.1 The name of the Photographer must be clearly stated with a Photographic work used, or included in the publication with a reference to the Photographic work.
10.2 The Other Party shall at all times observe the personality rights of the photographer in accordance with Article 25 paragraph 1 sub c and d Aw when copying and publishing a Photographic Work.
10.3 For any infringement of the personality rights accruing to the Photographer pursuant to Article 25 of the Copyright Act, including the right to mention the Other Party, a fee of at least 100% of the license fee used by the Photographer is payable, without losing any right to compensation for other damage suffered (including the right to compensation for all direct and indirect damage and all actual judicial and extrajudicial costs).

11. Liability and rights of third parties

11.1 The Photographer is authorized to enter into this Agreement and grant the aforementioned License.
11.2 The Photographer is not liable to the Other Party for claims from third parties and / or damage resulting from the exploitation and publication of the Work, unless there is gross negligence or intent on the part of the Photographer.
11.3 Photographer's liability is in any case limited to the amount of the invoice amount, or, if and insofar as there is insured damage, to the amount of the sum actually paid out under the insurance.
11.4 If third parties announce or file a claim against the Photographer and / or the Other Party with regard to the Work, the Other Party and the Photographer will determine in mutual consultation whether they will defend this and how this will be done.

12. Bankruptcy / moratorium

Both the Photographer and the Other Party have the right to immediately terminate the agreement in the event of bankruptcy or moratorium of payment of the other party. In the event of bankruptcy of the Other Party, the Photographer has the right to terminate the license provided.

13. Choice of law and forum

13.1 All cases in which these General Terms and Conditions apply are governed by Dutch law.
13.2 Any dispute regarding the text and explanation of these General Terms and Conditions and a legal relationship between the Photographer and the Other Party will be submitted to the competent court in the Netherlands.


DuPho. | Dutch Professional Photographers
Piet Heinkade 181-K
1019 HC Amsterdam

© DuPho. August 2016
These General Terms and Conditions have been filed with the Amsterdam District Court under number 66/2016

 
 

Webshop

1. General

1.1 mirjamletsch.com is a website operated by Mirjam Letsch | Studio Letsch & de Clercq registered under Chamber of Commerce Leeuwarden (KvK 01069695 Vestigingsnr. 000008203873) (hereinafter referred to as “Mirjam Letsch”, “us” or “we”), located in Bantega, The Netherlands.

1.2 These Terms and Conditions apply when you as a Customer (hereinafter referred to as the “Customer” or “you”) place an order via www.mirjamletsch.com and related pages, (the “Website”). With these agreement you also confirm that you have read and approved our Privacy policy.

1.3 Mirjam Letsch reserves the right for any image and writing errors on the page, such as errors in description, technical specification, prices and price adjustments. In case of incorrect price for an item ordered, Mirjam Letsch will inform the Customer of this and await the Customer’s approval of the corrected price before proceeding with the order.

1.4 The Website and all its content is owned by Mirjam Letsch |Studio Letsch & de Clercq. This means that everything on the website may not be copied or used without the prior written consent of Mirjam Letsch | Studio Letsch & de Clercq.

1.5 If the Customer has created an account on the Website, the Customer will make sure that no one, except the Customer, uses the Customer’s log-in details. The Customer may not disclose their username or password to any person and shall ensure that any documentation with information about username and password is kept in such a way that unauthorized persons may not access the information. The Customer shall notify Mirjam Letsch without delay if it may be suspected that any unauthorized person has obtained access to the Customer’s password. The Customer is responsible for all purchases made with the Customer’s log-in details if the Customer has not provided such notification.

2. Orders

2.1 When the Customer has placed an order on the Website, a purchase agreement has been entered into between the Customer and Mirjam Letsch. We advice Customer to save the order confirmation for any future contacts with our customer service. The order confirmation is also the receipt that the purchase has been completed.

2.2 The Customer is responsible for ensuring that the information provided, such as email, name and address is correct and up to date.

2.3 The Customer can cancel their order up until it has been confirmed by Mirjam Letsch. If the order is cancelled, Mirjam Letsch will refund any payments the Customer or their pay- or credit card company has made with regard to the order. If the Customer want to cancel their order after the order is confirmed by Mirjam Letsch, the Customer can send an email to info@mirjamletsch.com as soon as possible after the order confirmation. If the order already has been sent, it will be processed as a return (as set forth in Section 5).

Please also read our Frequently Asked Questions (FAQ).

3. Prices and Payment

3.1 The prices on our Website apply to orders placed on the Website. All prices are shown including 25% VAT (for delivery within the EU). VAT is not included in countries outside the EU.

No other fees are added, as Mirjam Letsch offers free shipping worldwide.

3.2 The Customer is responsible for any customs duties being paid to the customs or equivalent authority in the country to which the Product / Products are finally delivered.

3.3 The customer can see prices, and choose to pay in the following currencies:

  • SEK – kr

  • NOK – kr

  • DKK – kr

  • EUR – €

  • GBP – £

  • USD – $

3.4 All payments are encrypted and processed according to the highest security standard.

The Customer has several options to pay for the purchase.

  • Debit or Credit CARD via Stripe –  Visa, Mastercard and American Express. Available worldwide.

  • PAYPAL – Account or credit card. Available worldwide.


3.5 Mirjam Letsch has the right to debit the customer already when the order has been confirmed, unless invoicing or a similar payment method via Klarna has been chosen by the Customer.

4. Shipping and delivery

4.1 The Customer’s order usually leaves our studio/warehouse within five working days, unless otherwise agreed or stated in the order confirmation or in the product page, and will be delivered to the customer by registered mail. The time period for the shipping company to send the package to the customer may vary depending on which country the package should be sent to. Mirjam Letsch reserves the right to possibly adjust the delivery time. Information on this should be sent to the customer for approval.

4.2 Delivery will be made no later than 30 working days after Mirjam Letsch has confirmed the order in writing through the order confirmation.

4.3 If the package is not retrieved, Studio Letsch & de Clercq has the right to charge the Customer a fee for freight and administrative costs.

4.4 If the Customer has ordered products from different categories (for instance a book and a photo print) the order will be sent in separate packages. The tracking number for each package will be sent to the Customer when the packages leaves our warehouse.

4.5 Mirjam Letsch is responsible for any damage that may occur during the shipment  to the Customer. If, upon receipt, the Customer discovers that the shipment is damaged in transport, either on the product or on the packaging, we ask the Customer to notify the shipping company.

After that, the Customer must report the damage to our customer service, by sending an email to info@mirjamletsch.com, with attached pictures, so that Mirjam Letsch can help the customer with the complaint, in the best way possible. Visible damage should preferably be reported to us on the same day as delivery. It is therefore important that the Customer unpack and inspect the products thoroughly as soon as possible after delivery.

Please also read our Frequently Asked Questions (FAQ).

5. Returns, withdrawal & exchange

5.1 When purchasing products on the Website, the Customer has a 14-day withdrawal period. This means that the Customer has the right to cancel the purchase by notifying Mirjam Letsch accordingly within 14 days from when the Customer or their representative received the product ordered (withdrawal period). 

5.2 If the Customer uses their right of withdrawal, the Customer is responsible for the condition of the product after the Customer has received the product and during the return shipping. The product shall be returned within 14 days from the date when Mirjam Letsch was notified of the withdrawal. The product shall be sent in its original condition, well packaged, preferably in the original package. The Customer shall register their return via email to info@mirjamletsch.com The Customer shall provide their name, address and other relevant information, e.g. order reference, invoice number and the name of the product in the message. After registration the Customer will receive an email containing instructions and address details for sending back the package.

5.3 The Customer is responsible for the transport risk and shipping cost for the return. Please note that the return must be sent as a traceable shipment. Mirjam Letsch suggests the Customer to save the tracking number and proof of postage until Mirjam Letsch has received the return. 

5.4 As soon as the return reaches our warehouse, and has been processed, Mirjam Letsch will make a refund to the customer. All refunds will be made using the same method of payment the customer used to purchase the product(s). 

5.5 If the Customer want to do an exchange of the product(s), it is processed as a return, i.e, the customer sends the product(s) back to Studio Letsch & de Clercq, as set forth in 5.1 to 5.4. The Customer can then make a new order.

5.6 Studio Letsch & de Clercq can not offer the right of return or exchange of custom/special made orders or digital products.

6. Warranty and Complaints

6.1 The Customer must make a complaint of a defective product to Mirjam Letsch within a reasonable time after the defect was discovered.

6.2 The right to file a complaint applies to products which are defective according to applicable consumer protection legislation. Any Customer who wishes to assert their right to file a complaint for any product ordered, shall contact Mirjam Letsch, as soon as possible after discovering the defect, via e-mail to info@mirjamletsch.com

8. Gift card

7.1 Gift cards purchased at mirjamletsch.com are valid for two years from the date of issue and can be redeemed in Mirjam Letsch’ webshop.

After the expiry date, the card has lost its value and cannot be used as payment or reactivated, nor can any remaining value be reimbursed.

Gift cards cannot be exchanged for cash.

Keep your card safe. Lost or stolen cards will not be replaced.

Please also read our Frequently Asked Questions (FAQ).

8. Force majeure

Mirjam Letsch shall be exempt from damages and other measures if the performance of the agreement is prevented or delayed by any circumstance beyond our control, e.g. extreme weather, new / amended legislation, absent permits, war, fire, flood, labor market disturbances, technical problems, sabotage, unfavorable transport, terrorist attacks, changed governmental orders as well delays in the service by sub-suppliers due to circumstances set forth above. Mirjam Letsch shall inform the Customer accordingly if any such circumstances should arise, and if the situation has lasted more than six weeks, both the Customer and Mirjam Letsch have the rights to cancel the purchase with immediate effect.

9. Changes to Terms and Conditions

Mirjam Letsch may make changes to the Terms of Conditions from time to time. When these changes are made, Mirjam Letsch will make a new copy of the Terms and Conditions available on its website.

Your continued use of our website after any changes to the Terms and Conditions  means you accept the changes.

10. Contact

Communication between the Customer and Studio Letsch & de Clercq, occurs via e-mail to info@mirjamletsch.com