Terms of service

Article 1 - Definitions

Julia Eilert Photography, based in Raalte, KVK number 92964915, is referred to in these terms and conditions as the seller.
The other party to the seller is referred to in these terms and conditions as the buyer.
The parties refers to the seller and buyer together.
The agreement refers to the purchase agreement between the parties.

Article 2 - Applicability of these Terms and Conditions

These terms apply to all quotes, offers, agreements, and deliveries of services or goods by or on behalf of the seller.
Deviation from these terms is only possible if expressly agreed in writing by both parties.

Article 3 - Payment

The full purchase price is always paid immediately in the webshop. For reservations, a deposit may be required in some cases. In that case, the buyer receives proof of the reservation and the advance payment.
Discount vouchers can only be used according to the conditions stated for that specific voucher. A voucher cannot be exchanged for cash or paid out. Any remaining balance on a voucher will not be refunded.
If the buyer fails to pay on time, they are in default. If the buyer remains in default, the seller is entitled to suspend their obligations until the buyer has met their payment obligation.
If the buyer remains in default, the seller will proceed with debt collection. The costs of this collection will be borne by the buyer. These collection costs are calculated in accordance with the Dutch Extrajudicial Collection Costs Decree (Besluit vergoeding voor buitengerechtelijke incassokosten).
In the event of the buyer's liquidation, bankruptcy, seizure, or suspension of payment, the seller's claims against the buyer become immediately due and payable.
If the buyer refuses to cooperate with the seller's execution of the order, the buyer remains obligated to pay the agreed price to the seller.

Article 4 - Offers, Quotes, and Price

Offers are non-binding, unless an acceptance period is stated in the offer. If the offer is not accepted within that stated period, the offer lapses.
Delivery times stated in quotes are indicative and do not entitle the buyer to dissolution or compensation if exceeded, unless the parties have expressly agreed otherwise in writing.
Offers and quotes do not automatically apply to repeat orders. The parties must agree to this explicitly and in writing.
The price stated on offers, quotes, and invoices consists of the purchase price including applicable VAT and any other government levies.

Article 5 - Right of Withdrawal

The consumer has the right to dissolve the agreement without giving reasons within 14 days of receiving the order. This period begins once the consumer has received the entire order.
There is no right of withdrawal when products have been custom-made according to the consumer's specifications.
The consumer may use a withdrawal form provided by the seller. The seller is required to make this available to the buyer immediately upon request.
During the reflection period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they choose to exercise their right of withdrawal, they shall return the unused and undamaged product, with all delivered accessories and — if reasonably possible — in its original shipping packaging, in accordance with the reasonable and clear instructions provided by the seller.

Article 6 - Amendment of the Agreement

If, during the execution of the agreement, it becomes apparent that changes or additions to the work are necessary for its proper completion, the parties shall adjust the agreement accordingly, in a timely manner and by mutual consultation.
If the parties agree to amend or add to the agreement, this may affect the timing of completion. The seller shall inform the buyer of this as soon as possible.
If the amendment or addition has financial and/or qualitative consequences, the seller shall inform the buyer of this in writing in advance.
If the parties have agreed on a fixed price, the seller shall indicate to what extent the amendment or addition will result in this price being exceeded.
Notwithstanding the provisions of the third paragraph of this article, the seller may not charge additional costs if the amendment or addition results from circumstances attributable to the seller.

Article 7 - Delivery and Transfer of Risk

Once the buyer has taken receipt of the purchased item, the risk transfers from the seller to the buyer.

Article 8 - Inspection and Complaints

The buyer is required to inspect (or have inspected) the delivered goods at the time of delivery, or in any case within the shortest possible period thereafter. In doing so, the buyer must examine whether the quality and quantity of the delivered goods correspond to what the parties agreed, or at least meet the standards customary in normal trade.
Complaints regarding damage, shortages, or loss of delivered goods must be submitted to the seller in writing within 10 business days of the day of delivery.
If a complaint is found valid within the stated period, the seller has the right to either repair the goods, redeliver them, or forgo delivery and issue the buyer a credit note for that part of the purchase price.
Minor deviations, or deviations customary within the industry, and differences in quality, quantity, size, or finish cannot be held against the seller.
Complaints regarding a specific product do not affect other products or components belonging to the same agreement.
No complaints will be accepted once the goods have been processed by the buyer.

Article 9 - Samples and Models

If a sample or model has been shown or provided to the buyer, it is presumed to have been provided for indicative purposes only, without the item to be delivered needing to correspond exactly to it. This is different if the parties have expressly agreed that the item to be delivered will correspond to it.
For agreements concerning real estate, any mention of surface area or other dimensions and indications is likewise presumed to be indicative only, without the item to be delivered needing to correspond exactly to it.

Article 10 - Delivery

Delivery takes place 'ex works/shop/warehouse'. This means all costs are borne by the buyer.
The buyer is obliged to take receipt of the goods at the time the seller delivers or arranges delivery of them, or at the time the goods are made available to the buyer under the agreement.
If the buyer refuses to take receipt, or fails to provide information or instructions necessary for delivery, the seller is entitled to store the goods at the buyer's expense and risk.
If the goods are delivered, the seller is entitled to charge delivery costs.
If the seller needs information from the buyer to carry out the agreement, the delivery period begins once the buyer has provided this information to the seller.
Any delivery period stated by the seller is indicative. It is never a strict deadline. If the period is exceeded, the buyer must give the seller written notice of default.
The seller is entitled to deliver the goods in installments, unless the parties have agreed otherwise in writing, or unless partial delivery has no independent value. In the case of delivery in installments, the seller is entitled to invoice each installment separately.

Article 11 - Force Majeure

If the seller is unable, or unable in time, or unable properly, to fulfill their obligations under the agreement due to force majeure, they shall not be liable for any damage suffered by the buyer as a result.
The parties understand force majeure to include, in any case, any circumstance which the seller could not have taken into account at the time of entering into the agreement, and as a result of which normal performance of the agreement cannot reasonably be expected of the seller — such as illness, war or threat of war, civil war and riots, unrest, sabotage, terrorism, energy failure, flooding, earthquake, fire, occupation of business premises, strikes, labor lockouts, changed government measures, transport difficulties, and other disruptions to the seller's business.
The parties further understand force majeure to include the circumstance that suppliers on whom the seller depends for the execution of the agreement fail to meet their contractual obligations toward the seller, unless this is attributable to the seller.
If a situation as described above occurs as a result of which the seller cannot meet their obligations toward the buyer, those obligations shall be suspended for as long as the seller remains unable to meet them. If the situation described in the previous sentence lasts for 30 calendar days, both parties have the right to dissolve the agreement in writing, in whole or in part.
If the force majeure continues for longer than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution can only take place by registered letter.

Article 12 - Transfer of Rights

Rights belonging to a party under this agreement may not be transferred without the prior written consent of the other party. This provision has effect under property law as referred to in Section 3:83, paragraph 2, of the Dutch Civil Code.

Article 13 - Retention of Title and Right of Retention

Goods and delivered items and components present at the seller remain the property of the seller until the buyer has paid the entire agreed price. Until that time, the seller may invoke their retention of title and reclaim the goods.
If agreed advance payments are not made, or not made on time, the seller has the right to suspend work until the agreed portion has been paid. In that case, the buyer is considered to be in creditor's default. A delayed delivery cannot in that case be held against the seller.
The seller is not entitled to pledge or otherwise encumber goods subject to their retention of title.
The seller undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion, and water damage, as well as against theft, and to make the policy available for inspection upon first request.
If goods have not yet been delivered, but the agreed advance payment or price has not been paid as agreed, the seller has the right of retention. The item will then not be delivered until the buyer has paid in full, as agreed.
In the event of the buyer's liquidation, insolvency, or suspension of payment, the buyer's obligations become immediately due and payable.

Article 14 - Liability

Any liability for damage arising from or related to the execution of an agreement is always limited to the amount paid out under the relevant liability insurance policy or policies in that particular case. This amount is increased by the amount of the deductible under the relevant policy.
Not excluded is the seller's liability for damage resulting from intent or deliberate recklessness on the part of the seller or their managerial subordinates.

Article 15 - Duty to Complain

The buyer is required to report complaints about work performed to the seller immediately. The complaint must contain as detailed a description of the shortcoming as possible, so that the seller is able to respond to it adequately.
If a complaint is found to be valid, the seller is required to repair, and if necessary replace, the item.

Article 16 - Warranties

If warranties are included in the agreement, the following applies. The seller warrants that the item sold corresponds to the agreement, that it will function without defects, and that it is suitable for the use the buyer intends to make of it. This warranty applies for a period of five calendar years after the buyer receives the item sold.
This warranty is intended to establish a distribution of risk between seller and buyer such that the consequences of a breach of warranty are always fully borne by the seller, and such that the seller can never invoke Section 6:75 of the Dutch Civil Code in relation to a breach of warranty. This also applies if the breach was known, or could have been known, to the buyer through investigation.
This warranty does not apply if the defect arose as a result of improper or unintended use, or if the buyer or a third party has made or attempted to make changes without permission, or has used the purchased item for purposes for which it was not intended.
If the warranty provided by the seller relates to an item produced by a third party, the warranty is limited to the warranty provided by that manufacturer.

Article 17 - Intellectual Property

Julia Eilert Photography retains all intellectual property rights (including copyright, patent rights, trademark rights, design rights, etc.) on all products, designs, drawings, writings, data carriers or other information, quotes, images, sketches, models, maquettes, etc., unless the parties have agreed otherwise in writing.
The client may not copy, show to third parties, make available to third parties, or otherwise use the aforementioned intellectual property rights without the prior written consent of Julia Eilert Photography.

Article 18 - Amendment of Terms and Conditions

Julia Eilert Photography is entitled to amend or supplement these terms and conditions.
Changes of minor importance may be implemented at any time.
Julia Eilert Photography will discuss major substantive changes with the client in advance wherever possible.
Consumers are entitled to terminate the agreement in the event of a material change to these terms and conditions.

Article 19 - Applicable Law and Competent Court

Dutch law exclusively applies to every agreement between the parties.
The Dutch court in the district where Julia Eilert Photography is established has exclusive jurisdiction to hear any disputes between the parties, unless mandatory law provides otherwise.
The applicability of the Vienna Sales Convention is excluded.
If, in legal proceedings, one or more provisions of these terms and conditions are deemed unreasonably burdensome, the remaining provisions shall remain in full force.

Article 20 - Attribution