General Terms and Conditions - Moederpuppers Studio
Definitions
Motherpuppers Studio: Motherpuppers Studio, established in Oud-Beijerland under Chamber of Commerce no. 88624714, www.motherpuppers.nl.
Client: the person with whom Motherpuppers Studio has entered into an agreement, also the acceptor of these general terms and conditions.
Parties: Motherpuppers Studio and client together.
Consumer: a customer who is also an individual and who acts as a private person.
Quotation: all offers from Motherpuppers Studio to (legal) persons with whom an agreement is intended to be entered into.
Agreement: the contract for services between Motherpuppers Studio and the client.
Assignment: the service or product that will be delivered by Motherpuppers Studio.
Cancellation: termination or dissolution of the agreement.
In writing: electronic communication such as e-mail, provided that the identity of the sender and the authenticity of the communication are sufficiently established. The burden of proof regarding the receipt of electronic communication rests at all times with the customer.
Use: reproduction and/or making public 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 of the Copyright Act, or other works within the meaning of the Copyright Act which can be equated with the said photographic works.
Applicability of general terms and conditions
These terms and conditions apply to all quotations, offers, work, orders, agreements, and deliveries of services or products by or on behalf of Motherpuppers Studio.
The parties may only deviate from these terms and conditions if they have expressly agreed to do so in writing.
The parties expressly exclude the applicability of (supplementary and/or deviating) general terms and conditions of the customer or of third parties.
Acceptance
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 Motherpuppers Studio is performing work within the framework of the agreement, the offer shall be deemed accepted.
Upon acceptance of a quotation or offer, Motherpuppers Studio reserves the right to withdraw the quotation or offer within 7 days after receipt of the acceptance, without the customer being able to derive any rights from this.
Motherpuppers Studio reserves the right to refuse an assignment if, after acceptance, new information becomes available that makes execution unacceptable for Motherpuppers Studio.
After acceptance, the agreement may only be amended by mutual consent. In that case, Motherpuppers Studio is entitled to adjust the price due for the agreement.
Cancellation of the order
In the event of cancellation of a photoshoot package by the client up to 7 days prior to the agreed day and time, no further costs will be charged. Deposits and purchased time slots for mini-sessions are non-refundable. In the event of cancellation of a photoshoot package within 7 days prior to the agreed day and time, 50% of the assignment amount will be charged by Motherpuppers Studio.
Consumers may reschedule the appointment at any time, provided this is done 7 days before the agreed day and time.
If rescheduled within 7 days before the agreed day and time, the deposit must be paid again.If the parties have not agreed on a fee, the cancellation fee customarily charged by Motherpuppers Studio shall apply.
Execution of the assignment
Motherpuppers Studio will execute the assignment to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship, in the style in which Motherpuppers Studio customarily works.
Motherpuppers Studio makes every effort and will act to the best of its ability under the given and existing circumstances during the photoshoot.
The execution of the assignment will take place by mutual agreement, following written acceptance of the submitted agreement and down payment.
The Client is obliged to do and refrain from doing all that is reasonably necessary and desirable to enable the timely and correct execution of the assignment.
If the Client fails to ensure that Motherpuppers Studio can commence the execution of the agreement in a timely manner, the resulting additional costs and/or extra hours shall be borne by the Client.
The client undertakes to make the circumstances as favorable as possible for Motherpuppers Studio and to take measures where necessary, including, but not limited to, instructing other attendees.
Photos of multiple dogs and other photos specifically requested by the client can only be produced by Motherpuppers Studio if circumstances permit, sufficient time is available, and the client takes sufficient measures to make the production of these images possible.
Motherpuppers Studio expressly does not guarantee that all photos requested by the client will actually be delivered.
Motherpuppers Studio delivers the images in its usual style, applying global image optimization to aspects including light, color, contrast, and cropping. In doing so, Motherpuppers Studio will perform only minimal post-processing to remove or reduce existing elements in the photo, including, but not limited to, eliminating or reducing distracting elements in the surroundings and temporary items.
Post-processing outside of this is only possible after consultation with Motherpuppers Studio and may incur additional costs.
Animal welfare
The well-being of the animals always comes first. Nothing is done reluctantly or under duress. The photographer reserves the right to stop the shoot if the animal's stress levels become excessive. The shoot will be resumed at a later date and in consultation with the client.
The photographer knows and respects the calming signals of dogs. These are always heeded. The dog is always given the space and rest needed to relax.
The photographer will not photograph when coercive devices such as choke chains, Haltis, shock collars, prong collars, etc., are being used. Any device that can cause pain or a startle reaction, or that impairs the dog's functioning and communication.
The photographer does not photograph dogs that have developed health problems as a result of breeding.
During the shoot, the animal is not forced to assume a specific pose. Whatever the animal does not want or cannot do does not happen.
The animal is not forced to seek the proximity of the owner or child if they do not feel comfortable with it. The photographer recognizes and respects the signals the animal gives, will acknowledge them, and suggest an alternative.
Gift cards and discount coupons
Discount vouchers are not valid in combination with promotions / special offers. Gift vouchers are only available at Motherpuppers Studio, are valid for up to and including one year after the issue date, and are not redeemable for cash. Gift vouchers cannot be returned. A gift voucher is non-transferable unless otherwise agreed.
Gift vouchers are valid for the photo session or products for which they were issued, as stated on the gift voucher.
Locations
The same General Terms and Conditions apply to all on-location photography.
Prices
All prices charged by Motherpuppers Studio are in euros, include VAT, and include any other costs such as administration fees, levies, and travel, shipping, or transport costs, unless expressly stated otherwise or otherwise agreed.
Motherpuppers Studio may change all prices charged by Motherpuppers Studio for its products or services, whether displayed on its website or otherwise made known, at any time.
Increases in the cost prices of products or parts thereof, which Motherpuppers Studio could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases.
The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
The price for services is determined by Motherpuppers Studio based on a fixed rate. Motherpuppers Studio may charge a fee for additional time spent.
The price is calculated according to Motherpuppers Studio's standard fixed prices, applicable to the period in which the work is performed, unless a different rate has been agreed upon.
If the parties have agreed on a total amount for services provided by Motherpuppers Studio, this is always a guideline price, unless the parties have expressly and in writing agreed on a fixed price from which no deviation is permitted.
Motherpuppers Studio is entitled to deviate up to 10% from the guide price.
If the target price turns out to be more than 10% higher, Motherpuppers Studio must inform the customer in a timely manner why a higher price is justified.
If the target price turns out to be more than 10% higher, the customer has the right to cancel the part of the order that exceeds the target price increased by 10%.
Motherpuppers Studio reserves the right to adjust prices.
Prior to its implementation, Motherpuppers Studio will notify the customer of price adjustments.
In the event of a price change, there will be no change for sessions that have already been booked. The price valid at the time of booking will be maintained.
Postage costs
Shipping costs are for the account of the customer, unless the parties have agreed otherwise.
Products in the webshop include shipping costs unless otherwise indicated.
Parking
The additional costs resulting from the payment of parking fees are at all times the responsibility of the customer.
Payments and payment terms
The client must pay invoices to Motherpuppers Studio within 7 days of the invoice date, unless the parties have made other agreements regarding this or a different payment term is stated on the invoice.
Motherpuppers Studio may require a down payment upon entering into the agreement.
Bookings are only confirmed after signing the agreement and receipt of the deposit.
Payment terms are considered strict deadlines. This means that if the customer has not paid the agreed amount by the last day of the payment term at the latest, they are automatically in default and in breach of contract, without Motherpuppers Studio having to send a reminder or formally put the customer in default.
Motherpuppers Studio reserves the right to make delivery conditional on immediate payment or to require security for the total amount of the services or products.
Motherpuppers Studio requires a minimum of €50 of the total amount as a down payment for the provision of the service, and the client must pay this amount prior to the assignment, unless otherwise agreed.
Consequences of late payment
If the customer fails to pay within the agreed period, Motherpuppers Studio is entitled to charge statutory interest of 2% per month for non-commercial transactions and statutory interest of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted as a full month.
If the customer is in default, he is furthermore liable to pay extrajudicial collection costs and any compensation to Motherpuppers Studio.
The collection costs are calculated in accordance with the Decree on Compensation for Extrajudicial Collection Costs.
If the customer fails to pay on time, Motherpuppers Studio may suspend its obligations until the customer has fulfilled their payment obligation.
In the event of liquidation, bankruptcy, seizure, or suspension of payments on the part of the customer, Motherpuppers Studio's claims against the customer shall become immediately due and payable.
If the customer refuses to cooperate in the execution of the agreement by Motherpuppers Studio, he is still obliged to pay the agreed price to Motherpuppers Studio.
Right of suspension
Unless the Customer is a consumer, the Customer waives the right to suspend the performance of any obligation arising from this Agreement.
Settlement
Unless the customer is a consumer, the customer waives their right to set off a debt to Motherpuppers Studio against a claim on Motherpuppers Studio.
Retention of title
Motherpuppers Studio remains the owner of all delivered products until the customer has fully met all its payment obligations to Motherpuppers Studio under any agreement whatsoever concluded with Motherpuppers Studio, including claims for failure to perform.
Until that time, Motherpuppers Studio can invoke its retention of title and reclaim the goods.
Before ownership has passed to the customer, the customer may not pledge, sell, alienate, or otherwise encumber the products.
If Motherpuppers Studio invokes its retention of title, the agreement shall be deemed dissolved and Motherpuppers Studio shall have the right to claim damages, lost profits, and interest.
Delivery
Unless otherwise agreed, Motherpuppers Studio uses only estimated delivery times.
Digital files containing photographic works are delivered in mutual consultation and in a manner agreed upon by both parties, and are at the customer's risk from the moment of dispatch. If no delivery time has been agreed upon, it will be determined reasonably by Motherpuppers Studio.
Delivery takes place digitally, unless otherwise agreed.
Digital files are delivered in low and high resolution.
It is not permitted to post digital images online without a watermark or to edit them, for example with filters and cropping. If digital files are printed elsewhere, Motherpuppers Studio is not liable for the quality of the print.
Intellectual property and licensing
Motherpuppers Studio retains all intellectual property rights (including copyright, patent rights, trademark rights, design and model rights, etc.) to all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, mock-ups, etc., unless the parties have agreed otherwise in writing.
Every agreement also includes the license described in this article with respect to the Works of Motherpuppers Studio, unless otherwise agreed.
The client obtains from Motherpuppers Studio a non-exclusive license for an indefinite period to reproduce the works, but not to modify them, for personal use and to make them public within the domestic sphere.
The Works may only be made public with a clearly visible attribution to Motherpuppers Studio.
Unless otherwise agreed, the Customer is not authorized to grant sublicenses to third parties, nor to transfer its own license.
The client is expressly not entitled to use or trade the photos for business or commercial purposes, or for any purposes other than those outside the domestic sphere, without prior written permission from Motherpuppers Studio.
The client must request written permission to submit a photo for competitions and publications by third parties.
The customer must respect the personality rights of Motherpuppers Studio, as stated in Article 25 of the Copyright Act.
Digital or analog editing or modification of delivered Works is not permitted without prior written permission from the photographer.
Motherpuppers Studio reserves the right to use the Works for business and commercial purposes and publications, including, but not limited to, website and weblog, portfolio, advertisements, stock photography, social media, magazine articles, printed matter, exhibition material, and demonstration material. Works depicting persons, and therefore portrait rights, are used unless otherwise agreed.
Third-party rights
The Client who makes a Work public is solely responsible for obtaining permission from the persons portrayed and/or other rights holders. The Client indemnifies Motherpuppers Studio against all claims in this regard and further.
Motherpuppers Studio is obliged to cooperate to the best of its ability in locating the persons referred to in this article.
Joining in photography
Motherpuppers Studio is permitted to bring a third party along in the capacity of assistant, intern, or 2nd shooter. No rights can be derived from this, and it does not entail any additional costs for the client.
Warranty
When parties have entered into an agreement of a service nature, it contains only an obligation of best effort for Motherpuppers Studio and therefore no obligation of result.
The warranty regarding products applies exclusively to defects caused by faulty manufacturing, construction, or material.
The warranty does not apply in the event of normal wear and tear, damage resulting from accidents, modifications made to the product, negligence or improper use by the customer, or when the cause of the defect cannot be clearly determined.
The risk of loss, damage, or theft of the products that are the subject of an agreement between the parties passes to the customer at the moment these are legally and/or factually delivered, or at least come into the possession of the customer or of a third party who receives the product on behalf of the customer.
Provision of information by the customer
The client makes all information, data, and documents relevant to the proper execution of the agreement available to Motherpuppers Studio in a timely manner and in the desired form and manner.
The Client guarantees the accuracy, completeness, and reliability of the information, data, and documents provided, even if originating from third parties, insofar as the nature of the agreement does not imply otherwise.
If and to the extent the client requests this, Motherpuppers Studio returns the relevant documents.
If the Client fails to make the information, data, or documents reasonably requested by Motherpuppers Studio available, or fails to do so in a timely or proper manner, and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours shall be borne by the Client.
Infringement of copyright and other intellectual property
Any use of a Work of Motherpuppers Studio that has not been agreed upon shall be considered an infringement of the copyright or other intellectual property of Motherpuppers Studio.
In the event of infringement, Motherpuppers Studio is entitled to compensation amounting to at least three times the license fee customarily charged by Motherpuppers Studio for such a form of use.
In addition, the customer forfeits an amount equal to 5% of the fee referred to in paragraph 2 for each day that such violation continues.
No prior notice of default or legal proceedings are required for the forfeiture of this penalty. Nor is there a need for any form of damage.
The forfeiture of the fee referred to in the second paragraph of this article shall not prejudice the other rights of Motherpuppers Studio, including its right to claim damages in addition to the fine.
Complaints
The customer must inspect a product delivered or service provided by Motherpuppers Studio as soon as possible for any defects.
If a delivered product or provided service does not meet what the customer could reasonably expect from the agreement, the customer must notify Motherpuppers Studio thereof as soon as possible, but in any case within 14 days after delivery of the product or service. The customer can do this by sending an email to info@motherpuppers.nl.
The customer provides as detailed a description of the defect as possible, so that Motherpuppers Studio is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this cannot in any event lead to Motherpuppers Studio being held liable to perform work other than that which has been agreed upon.
Notice of default
The customer must notify Motherpuppers Studio of notices of default in writing.
It is the customer's responsibility to ensure that a notice of default actually reaches Motherpuppers Studio (in a timely manner).
Joint and several liability of the customer
If Motherpuppers Studio enters into an agreement with multiple clients, each of them is jointly and severally liable for the full amounts they owe to Motherpuppers Studio under that agreement.
Liability Motherpuppers Studio
Motherpuppers Studio is solely liable for any damage suffered by the customer if and to the extent that such damage is caused by intent or willful recklessness.
If Motherpuppers Studio is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
Motherpuppers Studio is never liable for indirect damages, such as consequential damages, lost profits, lost savings, or damage to third parties.
If Motherpuppers Studio is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance policy, and in the absence of (full) payment of the amount of damage by an insurance company, the liability is limited to the (part of the) invoice amount to which the liability relates.
All images, photos, colors, drawings, and descriptions on the website or in a catalog are merely indicative and approximate, and cannot give rise to claims for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Expiration period for compensation
Any right of the customer to compensation from Motherpuppers Studio shall in any event lapse 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Right to dissolution
The customer has the right to dissolve the agreement if Motherpuppers Studio is in attributable default in the performance of its obligations, unless this default, given its particular nature or minor significance, does not justify dissolution.
If the performance of the obligations by Motherpuppers Studio is not permanently or temporarily impossible, dissolution may only take place after Motherpuppers Studio is in default.
Motherpuppers Studio has the right to dissolve the agreement with the customer if the customer fails to fulfill his obligations under the agreement fully or in a timely manner, or if Motherpuppers Studio has become aware of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill his obligations.
Force majeur
In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Motherpuppers Studio to fulfill any obligation towards the customer cannot be attributed to Motherpuppers Studio in a situation independent of Motherpuppers Studio’s will, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected of Motherpuppers Studio.
The force majeure situations referred to in paragraph 1 also include – but are not limited to – the following: states of emergency (such as civil war, insurrection, riots, natural disasters, etc.); breaches of contract and force majeure by suppliers, carriers, or other third parties; unexpected power, electricity, internet, computer, and telecommunications failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions, and work stoppages.
If a force majeure situation arises that prevents Motherpuppers Studio from fulfilling one or more obligations to the customer, those obligations will be suspended until Motherpuppers Studio is able to fulfill them again.
From the moment a force majeure situation has lasted for at least 30 calendar days, both parties may terminate the agreement in whole or in part in writing.
Motherpuppers Studio is not liable for any compensation (for damages) in a force majeure situation, even if it benefits in any way as a result of the force majeure situation.
Amendment of the agreement
If, after the conclusion of the agreement, it proves necessary to modify or supplement its content for its execution, the parties shall amend the agreement accordingly in a timely manner and by mutual consultation.
Amendment of general terms and conditions
Motherpuppers Studio is entitled to amend or supplement these general terms and conditions.
Changes of minor importance may be implemented at any time.
Motherpuppers Studio will discuss major content changes with the client in advance as much as possible.
Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
Customer rights arising from an agreement between the parties may not be transferred to third parties without the prior written consent of Motherpuppers Studio.
This provision applies as a clause with proprietary effect as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.
Consequences of nullity or voidability
If one or more provisions of these general terms and conditions prove to be null and void or voidable, this shall not affect the remaining provisions of these terms and conditions.
A provision that is void or voidable shall in that case be replaced by a provision that comes closest to what Motherpuppers Studio had in mind regarding that point when drafting the terms and conditions.
Applicable law and competent court
Every agreement between the parties is exclusively governed by Dutch law.
The Dutch court in the district where Motherpuppers Studio is established has exclusive jurisdiction to hear any disputes between the parties, unless the law mandatorily prescribes otherwise.
Drafted on 01 January 2023.