Rules

IDENTITY

Photography Christa Nerinckx

Branch address:
Kerrebroek 2
9260 Wichelen

Studio address:
Bohemia 101
9260 Wichelen

Tel: +32 477 67 24 65
E-mail:
christa.nerinckx@gmail.com

Company number: BE 0863 831 520

1. GENERALITIES AND DEFINITIONS

– Photographer or Photography Christa Nerinckx: The entity mentioned in Article 1 above.

– Client: The individual person or company that enters into an agreement with the photographer. In the case of a model call, the participant, the model, is also considered a client. For minor participants, the parents or guardian are the client.

2. APPLICABILITY

These terms and conditions apply to every offer made by the photographer and to every agreement established between photographer and client.

Before the agreement is concluded, the text of these general terms and conditions shall be made available to the customer. If this is not reasonably possible, it will be indicated that the terms and conditions are available for inspection at the photographer’s office and they will be sent free of charge upon request.

By booking a photo shoot or placing an order, the customer indicates agreement to these terms and conditions.

3. UNILATERAL MODIFICATION

The terms and conditions may be unilaterally changed by Photography Christa Nerinckx. If the agreement has not yet been fully completed, the amended general terms and conditions will be made available.

4. EXCLUSION

The general conditions of Photography Christa Nerinckx exclude any general or specific conditions of the client, unless otherwise agreed in writing. They replace all previously concluded and/or oral agreements. Any exceptions must be explicitly included in a contract between the client and Photography Christa Nerinckx.

5. PRICE QUOTATIONS, ORDERS, BOOKINGS, ADVANCES, PAYMENTS

– Prices on the website or in price quotations include VAT unless otherwise stated.

– A price quote remains valid for 2 weeks after the quote date unless otherwise stated.

– Booking or ordering is done by payment of a deposit or the full amount. The booking/order is final at that point.

– The customer agrees to the terms and conditions of sale when placing a booking/order.

– Advance fees vary by type of photo shoot and are listed with the package. In case of absence, the standard advance is applied.

– Payment for a photo shoot is made at the beginning unless otherwise agreed upon. Digital products require advance payment upon order.

– Ownership of goods passes to customer upon full payment. See also Article 12 below.

6. REPORT DATE, MOVES, CANCELLATIONS

6.1 NEWBORN PHOTO SHOOTS

– Tentative report date: When booking a newborn photo shoot, a “tentative” date is set.

– Final report date: The final date will be determined by mutual agreement immediately after the birth.

Within 48 hours of the birth, the client contacts you. If no contact at least 72 hours before the tentative date, Photography Christa Nerinckx may cancel the reportage and keep the deposit.

– Cancellation by client: In case of cancellation by the client, the deposit is non-refundable except under exceptional circumstances.

– Absence of photographer: In case of illness, a solution will be sought, such as replacement by a comparable photographer or relocation.

– Client Information: Client informs about medical conditions/symptoms of the newborn.

– Cancellation by Photography Christa Nerinckx: Photo shoot may be cancelled if client requirements have not been met.

6.2 OTHER PHOTO REPORTS

– Final report date: It will be confirmed after booking.

– Cancellation by customer: Deposit is non-refundable except under exceptional circumstances.

– Transfer: Possible up to 7 days before the date. Within 7 days, Photography Christa Nerinckx may seek compensation.

– Absence of photographer: Seeking solution, e.g. replacement by similar photographer or relocation.

– Cancellation by Photography Christa Nerinckx: Photo shoot may be cancelled if client requirements have not been met.

6.3 CANCELLATION OF ORDERS

– Upon cancellation: Customer pays 50% of the order amount as non-reducible compensation.

7. PHOTO FILES AND PRESERVATION OF PHOTO REPORTAGE

– Retention period: Data and photo files are kept for 6 months, taking into account privacy laws.

– Photo file types:

– SOOC PHOTO FILES IN LOW RESOLUTION: Unprocessed files may not be printed, edited, distributed or used commercially.

– SOCIAL MEDIA FILES: Logo remains visible when distributed digitally. Not permitted for commercial use or competition participation.

– HR PHOTO FILES: These high resolution files may be printed but it is not allowed to use them for commercial use or contest participation.

– Availability and reinstatement: Social media files remain available for 2 weeks. Reinstatement is possible for an administrative fee.

– Download Term: Customer will receive a link for downloading HR files, which will be deleted after a limited period of time.

– Client retention obligation: Client shall retain digital files in their original form, without edits, unless approved by Photography Christa Nerinckx.

– DELIVERED PERFORMANCES

All deliverables and services provided are obligations of effort and not obligations of result.

After selection, photos are edited in the house style of Photography Christa Nerinckx. Photos not selected for editing cannot be ordered as products, including prints, social media files and print files. Unedited photographs cannot be obtained under any circumstances.

Before Fotografie Christa Nerinckx orders products from a supplier or prints them herself (for example, photo albums, thank you cards with text, birth announcements, composite photos, etc.), the design will be submitted to the client for approval. The product is ordered from a supplier or printed only after the customer approves the design. After approval by the client, Photography Christa Nerinckx cannot be held liable for errors in the design.

– SHIPMENTS

Photography Christa Nerinckx does not ship photo prints or other photographic material. If exceptionally this does happen, Photography Christa Nerinckx is not responsible for damage or loss during shipment.

– PUBLICATION LAW AND PRIVACY

The photographic work of Photography Christa Nerinckx may be used at any time and without compensation to the client for promotional purposes and publications, such as on its website, blog, social media (Facebook, Instagram, etc.), portfolio, advertisements, magazine articles, printed matter, trade show materials, demonstration materials, participation in competitions, exhibitions, awards, etc.

If the client does not want this or only wants it under certain conditions, the client can inform Fotografie Christa Nerinckx of this during the photo shoot via a fill-in form.

The privacy policy of Photography Christa Nerinckx can be accessed at the following page: www.photographychristanerinckx.be/privacy

– COPYRIGHTS

The photographic work of Fotografie Christa Nerinckx is subject to copyright: the photos remain the property of Fotografie Christa Nerinckx, even if the client has files. Personal use by the customer is permitted. For commercial purposes, the client must request permission and possibly pay a fee to Photography Christa Nerinckx.

Photography Christa Nerinckx may license its copyright property rights through a transfer of copyright or through a temporary right of use.

– ACCOUNTABILITY

Photography Christa Nerinckx is not responsible for any color variations on screens or prints not produced by the photographer himself. This applies both to prints that the client, using the print files if available, commissions from third parties, and to prints that the photographer commissions from its suppliers. Nevertheless, Photography Christa Nerinckx makes every effort to select suppliers based on the quality of products and services provided.

Prior to, during or after a photo shoot, Photography Christa Nerinckx cannot be held liable for client damages, including, but not limited to:

– Indirect damages resulting from the use of services or goods.

– Physical or property damage caused, for example, by falling, bumping or slipping.

– Loss and/or damage to customer property.

– COMPLAINTS AND DISPUTES

Complaints regarding a photo shoot or delivery must be submitted by registered mail within 7 calendar days of the delivery date. Failing this, the photo report/delivery will be considered accepted. In the case of digital files, the delivery date shall be the day on which the digital files are sent to the customer.

Legal action may be taken for violation of the conditions set forth in the general terms and conditions. All disputes relating to the execution of an order or the interpretation of the general terms and conditions of sale fall under the exclusive jurisdiction of the court in Dendermonde.

Terms and Conditions of Gift Certificates

These additional terms and conditions apply to gift certificates issued by Photography Christa Nerinckx and are applied in addition to the general terms and conditions. By using a gift certificate, the customer accepts these terms and conditions.

– Unique Code and Voucher Type: Each voucher, both electronic and physical, has a unique code and is issued only once. Electronic gift cards refer to the “receipt email” that is sent once.

– Retention and Loss: The recipient must keep the voucher carefully. Photography Christa Nerinckx is not responsible for theft or loss. A voucher can only be used by one person.

– Expiration Date and Value: A gift certificate, in addition to its unique code, specifies an expiration date and may include a (residual) value or a specific formula.

– Use with Order or Booking: With a stated (residual) value, the voucher can be used as payment for products or booking a photo shoot. Prices in effect. If the total amount is higher, the difference must be paid, if the total amount is lower, the voucher retains a new residual value.

– Formula on Voucher: If the voucher lists a formula, it can only be used to book a photo shoot based on the original formula, even if it is no longer offered as standard. Upgrading to a more expensive formula is possible, but no residual value is refunded if choosing a cheaper formula.

– Use with Photo Report: When booking a photo report, the user should include the receipt. For a paper voucher, it must be turned in during the photo shoot; for an electronic voucher, the voucher email must be forwarded to Photography Christa Nerinckx.

My name is Christa Nerinckx, I’m a photographer.

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