GENERAL TERMS AND CONDITIONS

Article 1. Definitions

1.1 Tjitske Fotografie: Tjitske Fotografie, based in Amsterdam and registered with the Dutch Chamber of Commerce under file number KvK 50863428.
1.2 Client: The natural or legal person who has entered into an Agreement with Tjitske Fotografie or to whom Tjitske Fotografie has issued an offer.
1.3 General Terms and Conditions: These general terms and conditions.
1.4 Agreement: The agreement between the Client and Tjitske Fotografie.
1.5 Assignment: The assignment to create photo or video recordings of subjects, events, or situations relevant to or designated by the Client, or to create physical works as requested by the Client, such as producing prints, photos, and other photo products.

Article 2. Applicability

2.1 These General Terms and Conditions apply to all offers, Agreements, and deliveries of Tjitske Fotografie, unless expressly agreed otherwise in writing.
2.2 If the Client includes provisions or terms in their order, confirmation, or acceptance that deviate from or are not included in these General Terms and Conditions, they will only be binding for Tjitske Fotografie if explicitly accepted in writing.

Article 3. Services

3.1 Tjitske Fotografie will issue an offer stating its understanding of the Assignment and the amount due by the Client upon acceptance. Only the description of the Assignment in the offer is binding.
3.2 Offers are non-binding and valid for 30 days after being sent, unless otherwise stated.
3.3 If the Client provides incorrect information, Tjitske Fotografie reserves the right to adjust the prices accordingly.
3.4 After acceptance, the Agreement can only be modified with mutual consent.

Article 4. Prices

4.1 All prices in offers, on the website, or in other materials are exclusive of VAT (21%) and any government-imposed levies.
4.2 All prices are subject to programming and typographical errors. No liability is accepted for such errors.
4.3 Tjitske Fotografie may adjust its rates at any time. Adjusted rates do not apply to already concluded Agreements or valid offers.

Article 5. Payment Terms

5.1 Results of the Assignment will only be delivered after full payment, unless otherwise specified.
5.2 If post-delivery payment is agreed, the Client will receive an invoice.
5.3 The payment term is 14 days from the invoice date, unless otherwise stated.
5.4 Late payment results in default without notice. Statutory interest will apply immediately.
5.5 In the event of late payment, the Client is also liable for all legal and extrajudicial collection costs.
5.6 The payment claim becomes immediately due if the Client is declared bankrupt, requests suspension of payment, or is subject to attachment, liquidation, or death.
5.7 In such cases, Tjitske Fotografie may suspend or terminate the Agreement without notice or court intervention, without liability.

Article 6. Execution of Assignment

6.1 Tjitske Fotografie will execute the Assignment as soon as possible in line with the offer and reasonable wishes of the Client.
6.2 Unless otherwise agreed, Tjitske Fotografie guarantees a best-effort execution with due care and craftsmanship.
6.3 Tjitske Fotografie may involve third parties if agreed upon. Extra costs are borne by Tjitske Fotografie unless otherwise agreed.
6.4 The Client must provide all necessary data and access to relevant locations in a timely manner.
6.5 Tjitske Fotografie may withhold results or suspend work if the Client fails to meet obligations.

Article 7. Duration and Termination

7.1 The Client cannot cancel the Assignment unless for compelling reasons.
7.2 In the event of non-compliance by the Client, Tjitske Fotografie may terminate all Agreements without notice and claim compensation for costs, damages, and lost profit.

Article 8. Changes to the Assignment

8.1 Any changes resulting in extra or reduced work will be charged or credited accordingly.
8.2 If unforeseen circumstances result in additional work, Tjitske Fotografie may charge for the extra costs. If unacceptable, the Client may cancel the unexecuted part.
8.3 If the Client disagrees with a rate change, they may withdraw the Assignment within seven days of notification.

Article 9. Delivery Terms

9.1 Delivery times are indicative unless explicitly stated as binding. Tjitske Fotografie is only in default after written notice.
9.2 Exceeding delivery times does not entitle the Client to compensation unless otherwise agreed.

Article 10. Complaints

10.1 Complaints must be submitted in writing within 30 days of receipt. Later complaints or complaints via intermediaries will not be handled.
10.2 Non-performance must be reported within 30 days of discovery. Failing to do so voids claims.
10.3 If justified, Tjitske Fotografie will repair, replace, or reimburse.
10.4 Compensation is limited to the paid price.
10.5 Complaints do not suspend the Client’s payment obligations.

Article 11. Intellectual Property

11.1 All intellectual property rights to created materials (photos, videos, etc.) remain with Tjitske Fotografie.
11.2 The Client only receives usage rights as explicitly granted.
11.3 The Client may not alter or remove copyright or confidentiality notices.
11.4 Technical protection may not be removed or bypassed.
11.5 Unauthorized use is a copyright breach and subject to a €1,000 fine per infringement, plus additional claims.
11.6 The Client indemnifies Tjitske Fotografie against third-party intellectual property claims.

Article 12. Confidentiality

12.1 All confidential information must be treated as such.
12.2 This duty also applies to employees and third parties.
12.3 Files provided by the Client are only used for agreed Assignments.

Article 13. Liability

13.1 Tjitske Fotografie only accepts liability as stated in this article.
13.2 Liability for direct damages is limited to the amount paid under the Agreement, up to a max of €5,000.
13.3 Liability for indirect, consequential, or lost profit is excluded.
13.4 These limitations do not apply in cases of intent or gross negligence.
13.5 Liability arises only after proper written notice and failure to remedy within a reasonable time.
13.6 For tort liability, only bodily injury or death is covered, with a cap of €1,000,000 per incident.
13.7 The Client indemnifies Tjitske Fotografie for third-party product liability claims unless the defect is solely caused by Tjitske Fotografie’s materials.
13.8 Liability for loss of films or digital materials is excluded, other than providing unexposed film.

Article 14. Disruptions and Force Majeure

14.1 Force majeure includes internet or power outages, civil unrest, war, transport disruptions, strikes, fire, flooding, import/export barriers, or supplier failures.
14.2 If force majeure lasts longer than 90 days, either party may terminate the Agreement.
14.3 Termination due to force majeure is without liability.

Article 15. Final Provisions

15.1 Dutch law applies to this Agreement.
15.2 Disputes shall be submitted to the competent court in the district where Tjitske Fotografie is established.
15.3 If any provision is void, the remainder remains in force. Parties will agree on a replacement clause that reflects the original intent.
15.4 Information on the website is subject to errors. The Agreement prevails in case of inconsistency.
15.5 “Written” also includes email or fax, provided identity and integrity are verifiable.
15.6 Communications stored or received by Tjitske Fotografie are considered authentic unless proven otherwise.
15.7 Parties must promptly update each other on changes to contact or bank details.
15.8 Rights and obligations may only be transferred to third parties with prior written consent.