TERMS & CONDITIONS

Terms & Conditions

  • Below are the conditions stated, read it carefully.
  • Here you can also download the conditions on the left.
  • These Terms and Conditions apply from the company Mario Land Fotografie.

Download the Terms and Conditions here

Terms & Conditions

  1. Article: General Conditions
  2. Article: Quotations and offers
  3. Article: Contract duration, execution deadlines, risk transition, execution and modification agreement, price increase
  4. Article: Suspension, dissolution and interim termination of the contract
  5. Article: Force majeure
  6. Article: Payment and collection costs
  7. Article: Retention
  8. Article: Warranties, researches and advertisements, limitation period
  9. Article: Liability
  10. Article: Protection
  11. Article: Intellectual
  12. Article: Applicable law and litigation
  13. Article: Location and modification conditions
  14. Article: Identity Entrepreneur

 Article 1. General Conditions

  1. These terms and conditions apply to any offer, quotation and agreement between Mario Land Photography. Hereinafter referred to as: “User”, and a client to which the user has declared these Terms and conditions, in so far as these terms and conditions have not been expressly waived by the parties in writing.
  2. The present conditions also apply to agreements with user, for the execution of which user third parties should be involved.
  3. These general terms and conditions are also written for the employees of the user and his management.
  4. The applicability of any purchase or other terms and conditions of the client are expressly rejected.
  5. If one or more of the provisions in these general terms and conditions at any time are wholly or partially void or may be destroyed, then it will remain applicable in these general terms and conditions in full. User and the client will then enter into consultations in order to agree new provisions to replace the void or annulled provisions, while respecting as much as possible the purpose and scope of the original provisions Taken.
  6. If there is any ambiguity as to the interpretation of one or more provisions of these general terms and conditions, then the interpretation must take place ‘ in the spirit ‘ of these provisions.
  7. If there is a situation between the parties that is not regulated in these general conditions, then this situation should be assessed according to the spirit of these general terms and conditions.
  8. If user does not always require strict observance of these conditions, this does not mean that the provisions thereof do not apply, or that user would lose to any extent the right to in other cases the punctual observance of the provisions of these conditions.

 Article 2. Quotations and offers

  1. All quotations and offers from the user are without obligation, unless a time limit for acceptance is made in the tender. If no acceptance period has been set, the offer or offer may in no way derive any right if the product to which the offer or offer relates is no longer available in the meantime.
  2. User cannot be held to his tenders or offers if the client can reasonably understand that the tenders or offers, or a part thereof, contains a manifest error or omission.
  3. The prices quoted in a quotation or offer are exclusive of VAT and other government levies, any costs incurred under the agreement, including travel and accommodation, shipping and handling costs, unless otherwise Indicated.
  4. If the acceptance (whether or not at secondary points) differs from the offer included in the offer or offer, then user is not bound by it. The Agreement shall not be established in accordance with this different acceptance, unless user indicates otherwise.
  5. A compound quote does not oblige user to carry out part of the contract against a corresponding part of the quoted price. Listings or quotations do not automatically apply to future orders.

 Article 3. Contract duration; Execution deadlines, risk transition, execution and modification of the contract, price increase

  1. The agreement between user and the client is entered into for an indefinite period, unless the nature of the contract results otherwise or if the parties expressly and in writing agree otherwise.
  2. If a deadline has been agreed or given for the execution of certain activities or for the delivery of certain cases, this is never a fatal term. If a time limit is exceeded, the client shall therefore be required to give user written notice of default. User must be provided with a reasonable period of time to give effect to the agreement.
  3. User will perform the agreement to best understanding and ability and in accordance with the requirements of good craftsmanship. On the basis of the current state of science.
  4. User has the right to have certain activities performed by third parties. The applicability of article 7:404, 7:407 para 2 and 7:409 BW is expressly excluded.
  5. If user or user-enabled third parties are engaged in the assignment work at the client’s location or a location designated by the client, the client shall, free of charge, take care of the Employees reasonably desired facilities.
  6. Delivery is done ex-company of user. The client is obliged to take the goods at the moment they are made available to him. If the principal refuses or is negligent in providing information or instructions necessary for the delivery, then user is entitled to store the goods for the account and risk of the client. The risk of loss, damage or impairment goes to the client at the time when matters are available to the client.
  7. User is entitled to execute the agreement in different phases and to invoice the part thus executed separately.
  8. If the contract is carried out in phases, user may suspend the execution of those parts belonging to a subsequent phase until the client has approved the results of the preceding stage in writing.
  9. The client shall ensure that all data, of which the user indicates that they are necessary or which the client reasonably ought to understand to be necessary for the execution of the agreement, is timely to the user be provided. If the information required for the execution of the agreement is not provided to user on time, user shall have the right to suspend the execution of the Agreement and/or the additional costs resulting from the delay in accordance with the To charge the client for the usual tariffs. The execution period does not commence earlier than after the client has made the data available to the user. User is not liable for damage, of any nature whatsoever, by user being assumed of incorrect and/or incomplete data provided by the client.
  10. If, during the implementation of the agreement, it is apparent that it is necessary to amend or supplement it for proper implementation, Parties shall proceed in a timely and concerted manner to adapt the agreement. If the nature, scope or content of the agreement, whether or not upon request or appointment of the principal, of the competent authorities etc, is amended and therefore the agreement is altered in qualitative and/or quantitative terms, this may Consequences for what was originally agreed. As a result, the originally agreed amount can be increased or reduced. User will do as much as possible in advance pricing. An amendment to the agreement may also amend the originally specified period of implementation. The client accepts the possibility of amending the agreement, including the change in price and term of execution.
  11. If the agreement is amended, including a supplement, then the user is entitled to first implement it after having been accepted by the user responsible and the client has agreed to the Price and other conditions to be implemented, including the time to be determined to implement them. Failure to perform or not immediately execute the amended agreement does not provide any user’s default and is not a ground for the client to terminate or cancel the agreement.
  12. Without failing to do so, user may refuse a request for modification of the agreement, if this could have a qualitative and/or quantitative effect, for example, for the work to be carried out or to be supplied in that context. Affairs.
  13. If the client is in default of the proper fulfillment of what he is obliged to the user, then the client shall be liable for all damages on the part of the user resulting directly or indirectly.
  14. If user agrees to a fixed fee or fixed price with the client, then the user is nevertheless entitled at all times to increase this fee or this price without the client being entitled in that case to the agreement to Reason to dissolve, if the increase in the price results from a power or obligation under the laws or regulations or its cause finds in an increase in the price of commodities, wages etc or on other grounds that when entering into the Agreement were not reasonably foreseeable.
  15. If the price increase, other than as a result of an amendment to the agreement, exceeds 10% and takes place within three months of the conclusion of the contract, then only the principal who is entitled to an appeal to Title 5 Section 3 of Book 6 BW may terminate the agreement by a written declaration, unless user:
  • Is then prepared to implement the Agreement on the basis of the originally corresponding.
  • If the price increase derives from a jurisdiction or a user-based obligation under the law. 
  • If stipulated that the delivery will take place more than three months after the conclusion of the contract. 
  • Upon delivery of a case, if it is stipulated that the delivery will take place more than three months after the purchase. 

 Article 4. Suspension, dissolution and interim termination of the contract

  1. User is entitled to suspend the fulfillment of the obligations or to dissolve the agreement, if the client does not comply with the obligations of the Agreement, not in full or not in time, after the conclusion of the Agreement user to the knowledge Given circumstances give good ground to fear that the client will not fulfill the obligations, if the client is requested at the conclusion of the agreement to provide security for the fulfillment of his obligations from the Agreement and this security remains or is insufficient or if due to the delay on the part of the client no longer may be taken from user that he will fulfill the agreement against the originally agreed conditions.
  2. Furthermore, user is entitled to dissolve the agreement if circumstances arise which are such that fulfillment of the agreement is impossible or if otherwise circumstances arise that are such that unaltered Maintenance of the agreement in reasonableness cannot be taken from user.
  3. If the contract is dissolved, the claims of user on the client are immediately payable. If user suspends the fulfillment of the obligations, he shall retain his claims from the law and agreement.
  4. If user suspends or dissolves, he shall in no way be obliged to compensate for damages and costs resulting in any way.
  5. If the termination is attributable to the client, user is entitled to compensation for the damage, including the costs, resulting directly and indirectly.
  6. If the client fails to comply with his obligations under the agreement and justifies this failure to fulfil a termination, then user is entitled to terminate the agreement immediately and with immediate effect without any obligation Its part to pay any compensation or compensation, while the client is obliged, under the default, for damages or compensation.
  7. If the agreement is terminated by user, the user will, in agreement with the client, arrange for the transfer of work to third parties to be carried out. This unless the termination is attributable to the principal. If the transfer of the work for the user entails additional costs, they will be charged to the client. The client is obliged to pay these costs within the specified time limit, unless user indicates otherwise.
  8. In case of liquidation, of (application for) suspension of payment or bankruptcy, of seizure
  • If and insofar as the seizure has not been lifted within three months
  • At the client’s expense, debt remediation or any other circumstance whereby the client is no longer free to dispose of his assets, the user is free to terminate the agreement immediately and with immediate effect or Order or agreement to cancel, without any obligation its part to pay any compensation or compensation. The claims of user on the client in that case are immediately payable.
  1. If the client cancels a placed order in whole or in part, the work carried out and the goods ordered or directions shall be increased by the possible delivery costs thereof and the Implementation of the Agreement shall be charged to the client in full.

 Article 5. Force majeure

User is not obliged to comply with any obligation to the principal if he is hindered to do so as a result of a circumstance which is not due to guilt, and neither under the law, a legal act or in the traffic applicable Views on his behalf.

  1. Under force majeure, these general terms and conditions shall mean, in addition to what is understood by law and jurisprudence, all of external causes, foreseeable or unforeseen, on which user cannot exercise any influence, but which User is unable to fulfill his obligations. Strikes in the company of user or third parties. User also has the right to invoke force majeure if the circumstance preventing (further) fulfillment of the agreement occurs after user has had to fulfill his obligation.
  2. During the period that the force majeure persists, user may suspend the obligations of the Agreement. If this period lasts longer than two months, then each of the Parties shall be entitled to dissolve the Agreement without any obligation to compensate for damages to the other party.
  3. For so many users at the time of force majeure, obligations under the Agreement have already been partially fulfilled or will be able to be complied with, and the part to be fulfilled is the independent value to be met respectively, User is entitled to separately invoice the part that has already been fulfilled or to be met. The client is obliged to comply with this invoice as if there were a separate agreement.

 Article 6. Payment and collection costs

  1. Payment must always be made within 14 days after the invoice date, in a manner to be specified by user in the currency in which it is invoiced, unless otherwise stated by the user. User is entitled to invoice periodically.
  2. If the client defaults in the timely payment of an invoice, then the client is legally in default. The principal shall then owe an interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest is payable. The interest on the amount due will be calculated from the moment the client is in default until the moment of payment of the total amount owed.
  3. User has the right to make payments made by the client in the first place, deducting the costs, then deducting the open interest rates and finally deducting the principal and the current interest. User may, without failing to do so, refuse an offer to pay if the client designates a different order for the payment of the payments. User may refuse full repayment of the principal, if not also the open cases and current interest and collection costs are met.
  4. The client shall never be entitled to settlement of the payment by him to the user. Objections against the amount of an invoice do not suspend the payment obligation. The client who does not have an appeal at section 6.5.3 (articles 231 to 247 Book 6 BW) is not entitled to pay the payment of an invoice for any other reason. Aprons.
  5. If the client is in default in the (timely) fulfillment of his obligations, then all reasonable costs to obtain satisfaction outside of court shall be borne by the client. The failure of the principal who is a natural person, who does not act in the exercise of a profession or business (private client), shall enter into force after the payment is made within fourteen days after the day of collection and payment Absence. The reminder shall also indicate the consequences of the lack of payment. The extrajudicial costs are calculated on the basis of what is customary in the Dutch collection practice. However, if user has made higher costs for collection that were reasonably necessary and the principal is not a natural person who does not act in the performance of a profession or business (business client), the actual Reimbursement costs incurred. Any judicial and execution costs incurred will also be recovered from the client. The client shall also owe interest on the collection costs owed.

 Article 7. Retention

  1. The user delivered under the Agreement shall remain the property of the user until the client has complied with all obligations arising from the agreement (s) entered into with the user.
  2. The user-supplied, which pursuant to paragraph 1. Subject to the retention of title shall not be resold and shall never be used as a means of payment. The client is not authorized to pledge or otherwise object to the retention of title.
  3. The client must always do everything that can reasonably be expected of him to secure the property rights of the user. If third parties confiscate the goods delivered under retention of title or wish to establish or assert their rights, the client is obliged to inform the user immediately. Furthermore, the client undertakes to insure and keep insured against fire, explosion and water damage as well as against theft and the policy of this insurance on first request to the user for inspection. Give. In the event of a possible payment of the insurance, user is entitled to these tokens. For as much as necessary, the client commits himself to the user in advance in order to cooperate with all that which is necessary or desirable in that context.
  4. In the event user wishes to exercise the proprietary rights referred to in this article, the client shall give in advance unconditional and non-revocable consent to user and by user to appoint third parties to enter all those places Where the properties of the user are located and take them back.

 Article 8. Warranties, researches and advertisements, limitation period

  1. The goods to be delivered by the user comply with the usual requirements and standards that can be reasonably set at the time of delivery and for which they are intended for normal use in the Netherlands. The guarantee referred to in this article shall apply to matters intended for use within the Netherlands. When used outside the Netherlands, the client must verify that its use is suitable for use there and comply with the conditions set out therein. In this case, user may make other warranties and conditions in respect of the goods to be delivered or to be carried out.
  2. The guarantee referred to in paragraph 1 of this article shall apply for a period of 14 days after delivery, unless the nature of the delivered result otherwise or the parties have agreed otherwise. If the warranty provided by the user concerns a case produced by a third party, the warranty is limited to that provided by the manufacturer of the case, unless otherwise stated.
  3. Any form of guarantee shall lapse if a defect has arisen as a result of or arising from improper or improper use thereof or use after the expiry date, incorrect storage or maintenance by the client and/or by Third parties where, without the written consent of the user, the principal or third parties have made changes to the case or have attempted to affix them, other matters which must not be confirmed or If these were distant or modified in any other than the prescribed manner. Neither does the client claim to guarantee if the defect has arisen or is due to circumstances where user cannot exercise any influence, including weather conditions (such as, but not exclusively, Extreme rainfall or temperatures) etc.
  4. The client is obliged to investigate the delivered goods, immediately at the moment that the goods are made available to him or the relevant activities are carried out. In doing so, the client should examine whether the quality and/or quantity of the delivered corresponds to what has been agreed and satisfies the requirements agreed upon by the parties thereto. Any visible defects must be reported to user in writing within seven days of delivery. Any non-visible defects must be notified to user in writing at the latest within fourteen days, after their discovery. The report must contain as detailed a description as possible of the defect, so that user is able to respond adequately. The client must give the user the opportunity to investigate a complaint.
  5. If the client advertises in good time, this does not waive his obligation to pay. The client shall in that case also keep the purchase and payment of the goods ordered and what to which he has instructed the user.
  6. If a defect is subsequently reported, the client will not be entitled to any further recovery, replacement or indemnification.
  7. If it is known that a case is defective and has been complaint in good time, then the defective person shall, within a reasonable period of time after the return receipt thereof or, if return is reasonably not possible, written Notification in respect of the defect by the client, for the choice of user, replace or take care of recovery or replacement compensation to the client. In Case of replacement, the client is obliged to return the replaced case to user and to provide the property to user, unless user indicates otherwise.
  8. If it is found that a complaint is unfounded, then the costs arise, including the research cost, on the side of user thereby cases, integral on behalf of the client.
  9. After the warranty period, all costs for repair or replacement, including administration, shipping and front row costs, will be charged to the client.
  10. Notwithstanding the statutory limitation periods, the limitation period of all claims and defenses against the user and the third parties involved in the execution of an agreement shall be one year.

Article 9. Liability

  1. If user is liable, then this liability is limited to what is regulated in this provision.
  2. User is not liable for damage, of any nature whatsoever, caused by user being assumed of incorrect and/or incomplete data provided by or on behalf of the client.
  3. If user is liable for any damages, the liability of user is limited to a maximum of twice the invoice value of the order, at least to that part of the order to which the liability relates.
  4. The liability of the user is in any case always limited to the amount of the payment of his insurer, if any.
  5. User is solely liable for direct damage.
  6. Direct damage shall be understood to mean only reasonable costs to determine the cause and extent of the damage, provided that the determination relates to damages within the meaning of these conditions, any reasonable costs incurred in order to Faulty performance of user to the agreement, for as much as these can be imputed to user and reasonable costs, made to prevent or reduce damage, provided the client demonstrates that these costs have led to the limitation of direct damage as referred to in these general terms and conditions. User shall never be liable for indirect damages, including consequential damages, lost profits, missed savings and damage from company stagnation.
  7. The limitations of liability contained in this article shall not apply if the damage is attributable to intentional or gross negligence on the part of the user or his managerial subordinates.

 Article 10. Protection

  1. The client shall indemnify the user against any claims by third parties, who suffer damage in connection with the execution of the agreement and whose cause is attributable to other than to user. If the user is allowed to be addressed by third parties, the client is obliged to assist the user both outwardly and in law and without delay all that which may be expected of him in that case. Should the client fail to take adequate measures, then the user, without notice of default, is entitled to proceed to that effect. All costs and damages on the part of user and third parties resulting from this, are integral to the account and risk of the client.

 Article 11. Intellectual

  1. User reserves the rights and powers conferred on him under the Copyright Act and other intellectual laws and regulations. User has the right to use the knowledge gained by the execution of an agreement on his side also for other purposes, in so far as no strictly confidential information of the client is brought to the knowledge of third parties.

 Article 12. Applicable law and litigation

  1. All legal relationships in which user is a party shall be governed exclusively by Dutch law, even if a commitment is wholly or partly carried out abroad or if the party involved in the legal relationship Residence. The applicability of the Vienna Sales Convention is excluded.
  2. The judge in the location of the user is exclusively entitled to take notice of disputes, unless the law requires compelling otherwise. Nevertheless, the user has the right to submit the dispute to the court competent in accordance with the law.
  3. The parties will first appeal to the court after they have made every effort to resolve a dispute by mutual agreement.

 Article 13. Location and modification conditions

  1. These conditions are filed with the Chamber of Commerce.
  2. The application is always the last registered version or the version as it was applied at the time of the establishing of the legal relationship with user.
  3. The Dutch text of the general terms and conditions is always decisive for the interpretation thereof.

Article 14. Identity Entrepreneur

Mario Melissant – Mario Land Fotografie

Molenstraat 18-A
2513 BK The Hague (Netherlands)

Email Address: info@mariolandfotografie.nl

KVK Netherlands & Chamber of Commerce: 66216834
VAT Identification Number: NL001629348B13

Version 1.3, updated 07-01-2020.
© 2015 – 2020 Mario Land Fotografie