For the purposes of these General Terms and Conditions Aw: Copyright Act 1912
Photographic Work: photographic works as referred to in Article 10
section 1 subsection 9 Aw, or other works covered by the Aw that can be equated with the said photographic works.
Image Carrier: the carrier on which a Photographic work (whether or not perceivable by eye), such as a slide, negative, print, duplicate, Polaroid, CD-ROM, DVD or memory stick.
Photographer: the user in the sense of art. 6: 231 Dutch Civil Code.
Other party: the other party within the meaning of Art. 6: 231 Dutch Civil Code.
Usage: copying and / or publication within the meaning of
1 in conjunction with Article 12 and 13 Aw.
These Terms and Conditions apply to all legal relationships between Mavodi eg / Photoartgallery.nl and Other Party, including purchase of photographs, quotations, order confirmations and oral or written agreements, even after the termination of a contract, unless the parties explicitly and in writing of such terms departed.
Offers are not binding unless expressly stated otherwise. Mavodi bv / Photoartgallery.nl has the right to withdraw this offer to two business days after receipt of the acceptance of his offer. The offer is not obliged to deliver part of the return for a proportionate price.
4.1 If the parties have not agreed remuneration is by Mavodi bv / Photoartgallery.nl usual rate applies. 4.2 If and to the extent that can not be spoken usual rate, eg Mavodi / Photoartgallery.nl will reasonably and fairly fix the rate, which Mavodi eg / Photoartgallery.nl will establish among others, (i) in the market market rates for similar commissions between similar customers and similar suppliers, with reference to rates as by colleagues Mavodi bV / Photoartgallery.nl charged, (ii) what is right regarded as reasonable and fair in previous cases ( iii) comparable rates in neighboring countries with similar customers and similar suppliers be charged and (iv) the extent and scope of use of the work required by the other party.
4.3 If it is plausible that Mavodi BV / Photoartgallery.nl has incurred higher costs and / or made more work, which were reasonably necessary, then these costs and / or additional work reimbursed by the other party.
5. Invoice and payment
5.1 The Party shall check the invoice of the Mavodi BV / Photoartgallery.nl inaccuracies. If the other party within two business days after the invoice date in writing rejected the invoice stating the relevant legal reasons and has returned to Mavodi BV / Photoartgallery.nl, the invoice shall be deemed binding between the parties to apply and loses any right to the other party on complaints.
5.2 Payment must be made in advance or on the betel date.
5.3 The Other Party shall pay to the Mavodi BV / Photoartgallery.nl payments without reduction or claim to compensation, except for settlement agreed between the parties off against advances which have made to Mavodi BV / Photoartgallery.nl.
5.4 If Mavodi BV / Photoartgallery.nl the amount due has not been received within the period specified in 5.2, the Party is in breach and therefore to increase the statutory interest, with 25%.
5.5 If the other party is in default or otherwise failed in the performance of any of its obligations, including copyright infringement, then all costs for obtaining payment in and out of court on his behalf.
5.6 Any use of the Photographic Work by any means whatsoever is permitted, as long as the other party any outstanding invoice of Mavodi BV / Photoartgallery.nl has not been met or otherwise has not fully met any obligation arising from any agreement with Mavodi eg / Photoartgallery.nl whatsoever.
6.1 If the payment is dependent in any way on any facts or circumstances that must appear in the records of the other party, eg Mavodi / Photoartgallery.nl after a statement from the client the right to check the financial records audited by an by Mavodi bv / designate Photoartgallery.nl RA / AA accountant.
6.2 In the event that the results of the control more than 2.5% from the statement and payment by the other party than the cost of the audit paid in full by the other party. In addition, the other party will then meet on the basis of correct information, after billing Mavodi BV / Photoartgallery.nl.
7. Proof Copy
Upon publication of a Photographic Work the Other Party should immediately and free of charge with a complimentary copy of the publication to Mavodi BV / Photoartgallery.nl forward.
8.1 Image Carriers are sent from the moment of delivery the risk of the other party.
8.2 Photographic Works shall be delivered following proper consultation and in a manner agreed upon by both parties from the moment of delivery the risk of the other party.
8.3 If no delivery time is agreed, it will be reasonably determined by Mavodi bv / Photoartgallery.nl.
8.5 Every delivery, including a transfer of a part of a commission may be invoiced separately if part of a commission valued separately.
Complaints regarding the work should as soon as possible but in any case within five working days after delivery of the Photographic Works writing Mavodi BV / Photoartgallery.nl be notified. Mavodi bv / Photoartgallery.nl has the right to deliver within a reasonable deadline for good work disapproved work, unless this would cause disproportionate damage to the Other Party.
10. Possession / ownership of Image Carriers
10.1 If there is agreement that the Image Carriers remain in the possession of the other party has to carry this immediately after the agreed use for free return to Mavodi BV / Photoartgallery.nl care. It is not too late or not at all shall not result in loss of any right of Mavodi bv / Photoartgallery.nl.
10.2 In the event of loss or damage to the image bearer is the Party kept the damage Mavodi BV / Photoartgallery.nl suffers compensate.
10.3 Image rights remain the property of Mavodi BV / Photoartgallery.nl unless otherwise agreed. The Party has no right to transfer the image rights.
11.1 A commission contract is an agreement whereby Mavodi BV / Photoartgallery.nl undertakes to the other party to supply Photographic Works.
11.2 A commission contract is concluded by an order by the other party in the shop Photoartgallery.nl. This order can be confirmed by sending Mavodi eg & Photoartgallery.nl to the other party a written confirmation which is retained by the other party or, failing that, from the factual knowledge and permission of the other party from performing procedures by Mavodi eg / Photoartgallery.nl according to the order.
11.3 Mavodi bv / Photoartgallery.nl has the right to carry out everything that is not explicitly described in a commission according to his own technical and creative insight.
11.4 Changes to the contract by the other party for any reason, and pending the execution of the contract agreement, shall be borne by the other party and will only be carried out by Mavodi BV / Photoartgallery.nl after separate order signed for approval by the other party and was sent to Mavodi bV / Photoartgallery.nl and the old order has returned.
11.5 In the event of cancellation of a contract agreement by the other party at any time and for any reason whatsoever, has Mavodi BV / Photoartgallery.nl entitled to the agreed fee.
11.6 Unless otherwise agreed, for example Mavodi & Photoartgallery.nl is completely free in the choice of suppliers and third parties with whom Mavodi BV / Photoartgallery.nl working to achieve implementation of the contract agreement.
Copyright and image rights of the Photographic Works is owned by Mavodi bv / Photoartgallery.nl.
13.1 Permission for use of a Photographic Work requires prior written consent by the other party in the form of a license as defined nature and scope by Mavodi BV / Photoartgallery.nl in an order confirmation and / or the relevant invoice.
13.2 If nothing is specified about the scope of the license, it shall not extend beyond the right to one single use, unchanged, for the benefit of a purpose, circulation and method as parties to Mavodi BV / Photoartgallery.nl have meant .
13.3 In the absence of a specific agreed manner of publication and / or described purpose and / or circulation are considered only those powers to be given, by default included in the license or which necessarily result from the nature and scope of the agreement .
13.4 If by Mavodi bv / Photoartgallery.nl consent for electronic or other forms of image manipulation, the result can be used once explicit written approval.
Unless otherwise agreed, the Other Party is not entitled to grant sub-licenses to third parties.
15. Copyright Infringement
15.1 Any use of a Photographic Work is not agreed, is considered a breach of copyright and image rights of Mavodi bv / Photoartgallery.nl.
15.2 Any infringement Mavodi BV / Photoartgallery.nl to claim compensation amounting to at least ten times by Mavodi eg & Photoartgallery.nl usual rate license fee for such type of use without losing any right to compensation for other damages (including the right to compensation for all direct and indirect damages and all actual judicial and extrajudicial costs).
16.1 The Photoartgallery.nl name must be clearly Photographic Work used, or included by reference to the Photographic Work in the publication.
16.2 Failure to comply with this condition Mavodi BV / Photoartgallery.nl to claim compensation of at least 400% by Mavodi bv / Photoartgallery.nl usual rate license fee, without losing any right to compensation for other damages (including the right to reimbursement of all direct and indirect damages and all actual judicial and extrajudicial costs).
16.3 If the Other Party has obtained written consent to reproduce the Photographic Work, in whatever form, it is required to ensure that the name of Photoartgallery.nl accompanies these reproductions. In the case of digital / electronic copies of the Other Party shall also ensure that the full metadata – as they are made by Mavodi BV / Photoartgallery.nl to part of the digital file – preserved; it involves information according to the EXIF, IPTC, XMP and ICC standards.
17. Moral rights
17.1 The Other Party shall in simplifying or publishing a Photographic Work always respect the moral rights of Mavodi BV / Photoartgallery.nl accordance with article 25 paragraph 1 sub c and d Aw.
17.2 Any infringement of these moral rights Mavodi BV / Photoartgallery.nl to claim compensation of at least 400% by Mavodi bv / Photoartgallery.nl usual rate license fee, without losing any right to compensation for other damages (including the right to compensation of all direct and indirect damages and all actual judicial and extrajudicial costs).
18. Rights of Third Parties
The Other Party publishes a Photographic Work, it is solely responsible for obtaining the consent of those persons depicted and / or other copyright holders. The other party indemnifies Mavodi BV / Photoartgallery.nl all claims in this matter.
Mavodi bv / Photoartgallery.nl is not liable for any damage caused to the other party.
20. bankruptcy / receivership
Both Mavodi bv / Photoartgallery.nl if the other party has the right to terminate the agreement immediately in the event of bankruptcy or receivership of the other party. In case of bankruptcy of the Other Party Mavodi BV / Photoartgallery.nl the right to terminate the license, unless the consequences are contrary to the reasonableness and fairness.
21. Choice of law,
21.1 All cases in which these General Conditions apply are governed by Dutch law.
21.2 The applicability of the Vienna Sales Convention 1980 (CISG) is excluded.
21.3 Any dispute concerning the wording and explanation of these terms and conditions and a legal relationship between Mavodi eg / Photoartgallery.nl and the Other Party will be submitted to the competent court in the Netherlands.
These General Terms and Conditions are filed with the Court
Amsterdam under reference number [78/2005].