Terms & conditions
Julien Sunye Photography
E-mail: contact@juliensunye.com
Website: www.juliensunye.com
Definitions
1. Julien Sunye Photography: Julien Sunye Photography, established in Amsterdam, Chamber of Commerce no. 34304577.
2. Customer: the party which Julien Sunye Photography has entered into an agreement with.
3. Parties: Julien Sunye Photography and customer together.
4. Consumer: a customer who is an individual acting for private purposes.
Applicability
1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Julien Sunye Photography.
2. Parties can only deviate from these conditions if the y have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and /or deviating general terms and conditions of the customer or of third parties.
Prices
1. All prices used by Julien Sunye Photography are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
2. Julien Sunye Photography is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise at any time.
3. Increases in the cost prices of products or parts thereof which Julien Sunye Photography could not foresee at the time of making an offer or tile conclusion of the agreement may give rise to price increases.
4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.
Samples / models
If the customer has received a sample or model of a product he cannot derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.
Payments and payment terms
1. Julien Sunye Photography may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
2. The customer must have paid the full amount within 14 days, after delivery.
3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount on the latest on the last day of the payment term he is legally in default, without Julien Sunye Photography having to send the customer a reminder or to put him in default.
4. Julien Sunye Photography reserves the right to make a de livery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
Consequences of late payment
1. If the customer does not pay within the agreed term Julien Sunye Photography is entitled to charge an interest of 2% per month for non-commercial transactions from the day the customer is in default whereby a part of a month is counted for a whole month.
2. When tl1e customer is in default he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Julien Sunye Photography.
3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
4. If the customer does not pay on time Julien Sunye Photography ma y suspend its obligations until the customer has met his payment obligation.
5. In the event of liquidation, bankruptcy attachment or suspension of payment on behalf of the customer the claims of Julien Sunye Photography on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by Julien Sunye Photography, he is still obliged to pay the agreed price to Julien Sunye Photograph y.
Right of recovery of goods
1. As soon as the customer is in default Julien Sunye Photography is entitled to invoke the right of recovery with regard to the unpaid products de livered to the customer.
2. Julien Sunye Photography invokes the right of recovery by means of a written or electronic announcement.
3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Julien Sunye Photography, unless the parties agree to make other arrangements about this.
4. The costs for the collection or return of the products are at the expense of the customer.
Right of withdrawal
1. A consumer ma y cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
• the product has not been used
• it is not a product that can spoil quickly, like food or flowers
• the product is not specially tailored for the consumer or adapted to its special needs
• it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
• the seal is still intact when the product is a data carrier with digital content (DVDs, CDs, etc.)
• the product is not a (holiday)trip a transportation ticket, a catering order or a form of leisure activity
• the product is not a separate magazine or a loose newspaper
• the consumer has not renounced his right of withdrawal
2. The cooling-off period of 14 days as referred to in paragraph 1 commences:
• on the day after the consumer has received the last product or part of 1 order
• as soon as tl1e consumer has received the first tl1e product of a subscription
• as soon as the consumer has confirmed the purchase of digital content via the internet
3. The consumer can notify his right of withdrawal via contact@juliensuny e.com if desire d by using the withdrawal form that can be downloaded via the website of Julien Sun ye Photography, www.juliensunye.com.
4. The consumer is obliged to return the product to Ju lien Sunye Photography within 14 days after the notification of his right of withdrawal, after which period his right of withdrawal will lapse.
Reimbursement of delivery costs
1. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law Julien Sunye Photography will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Julien Sunye Photography in time.
2. The costs for return are only reimbursed by Julien Sunye Photography if the complete order is returned.
Reimbursement of return costs
If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the complete order will be borne by the consumer.
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillments of any obligation arising from this agreement.
Right of retention
1. Julien Sunye Photography ca n appeal to his right of retention of title and in that case retain the products sold by Julien Sunye Photography to the customer until the customer has paid all outstanding invoices with regard to Julien Sunye Photography, unless the customer has provided sufficient security for these payments.
2. The right of retention of title also applies on the basis of previous agreement s from which tl1e customer s till owes payments to Julien Sunye Photography.
3. Julien Sunye Photography is never liable for any damage that the customer may suffer as a result of using his right of retention of tit le.
Settlement
The customer waives his right to settle any debt to Julien Sunye Photography with any claim on Julien Sw1ye Photography.
Retention of title
1. Julien Sunye Photography remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Julien Sunye Photography under whatever agreement with Julien Sunye
Photography including of claims regarding the shortcomings in the performance.
2. Until then Julien Sunye Photography ca n invoke its retention of title and take back the goods.
3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products .
4. If Julien Sunye Photography invokes its retention of title, the agreement will be dissolved and Julien Sunye Photography has the right to claim compensation, lost profits and interest.
Delivery
1. Delivery takes place while stocks last.
2. Delivery takes place at Julie Sunye Photography unless the parties have agree d upon otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed price is not paid on time, Julien Sunye Photography has the right to suspend its obligations until the agreed price is fully paid.
5. In the event of late payment, the customer is automatically in default, an d hereby he cannot object to late deli very by Julien Sunye Photography.
Delivery period
1. Any delivery period specified by Julie Sunye Photography is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing .
2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Julien Sunye Photography.
3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the
contract unless Julie Sunye Photography cannot de liver within 14 days after the customer has urged him to do so in
writing or if the parties have agreed upon otherwise.
Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place i n time.
Transport costs
Transport costs are paid by the customer unless the parties have agreed upon otherwise.
Packaging and shipping
1. If the package of a delivered product is opened or damage d, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In tl1e absence of which Julie Sunye Photography may not be held liable for any damage.
2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Julien Sunye Photography, failing which Julien Sunye Photography cannot be held liable for any damage.
Insurance Storage
1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
2. Any extra costs as a result of premature or late purchase of products are entirely at the customer 's expense.
Guarantee
1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or facn1ally delivered at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.
Exchange
1. Exchange is only possible if the following conditions are met:
• exchange takes place within 14 days after purchase upon presentation of the original invoice
• the product is re turned in the original packaging or with the original (price) tags still attached to it
• the product has not been used
2. Discounted items non-shelf articles such as food custom made items or specially adapted articles for tl1e customer cannot be exchanged.
Indemnity
The customer indemnifies Julien Sunye Photograph y against all third-party claims that are related to the products and / or services supplied by Julien Sunye Photography.
Complaint’s
1. The customer must examine a product or service provided by Julien Sw1ye Photography as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Julien Sunye Photography of mis as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. Consumers must inform Julien Sunye Photography of this within two months after detection of tl1e shortcomings.
4. The customer gives a detailed description as possible of tl1e shortcomings, so that Julie n Sun ye Photography is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to Julien Sun ye Photography being forced to perform other work than has been agreed.
Giving notice
1. The customer must provide any notice of default to Julien Sunye Photography in writing.
2. It is die responsibility of the customer that a notice of default actually reaches Julien Sunye Photography (in time).
Joint and several Client liabilities
If Julien Sunye Photography enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Julien Sunye Photography under that agreement.
Liability of Julien Sunye Photography
1. Julien Sunye Photography is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
2. If Julien Sunye Photography is liable for any damage it is only liable for direct damages that results from or is related to tl1e execution of an agreement.
3. Julien Sunye Photography is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
4. If Julien Sunye Photography is li able, its liability is limited to the amount paid by a closed (professional) liability
insurance and in the absence of payment by an insurance company of the damages amount of the liability is limited to the (part of the) invoice to which the liability relates.
5. All images , photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Expiry period
Every right of the customer to compensation from Julien Sunye Photography shall in any case expire within 12 months after the e vent from which tl1e liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.
Dissolution
1. The customer has the right to dissolve tl1e agreement if Julien Sunye Photography irnputably fails in the fulfilment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance .
2. If tl1e fulfilment of tl1e obligations by Julien Sunye Photography is not permanent or temporarily impossible, dissolution can only take place after Julien Sunye Photography is in default.
3. Julien Sunye Photography has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfil his obligations under the agreement, or if circumstances give Julien Sunye Photography good grounds to fear that the customer will not be able to fulfil his obligations properly.
Force majeure
1. In addition to the provisions of article 6:75 Dutch Civil Code a shortcomings of Julien Sunye Photography in the fulfilment of any obligation to tl1e customer cannot be attributed to Julie n Sunye Photography in any situation independent of the will of Julien Sunye Photography when the fulfilment of its obligations towards the customer is prevented in whole or in part or when the fulfilment of its obligations cannot reasonably be required from Julien Sunye Photography.
2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection riots natural disasters, etc.); defaults and force majeure of suppliers deliverymen or other third parties· unexpected disturbances of power electricity internet computer or telecoms· computer viruses strikes government measures unforeseen transport problems bad weather conditions and work stoppages.
3. If a situation of force majeure arises as a result of which Julie n Sunye Photography cannot fulfil one or more obligations towards the customer, these obligations will be suspended until Julien Sunye Photography can comply with it.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. Julien Sunye Photography does not owe any (damage) compensation in a situation of force majeure even if it has obtained any advantages as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation it appears necessary to change or supplement its contents , the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
1. Julien Sunye Photography is entitled to amend or supplement tl1ese general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by Julien Sunye Photography with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
1. The customer cannot transfer its rights deferring from an agreement with Julien Sunye Photography to third parties without the prior written consent of Julien Sunye Photography.
2. This provision applies as a clause with a property law effect as referred to iJ1 Section 3:83 (2) Dutch Civil Code.
Consequences of nullity or annullability
1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Julien Sunye Photography had in mind when drafting the conditions on that issue.
Applicable law and competent court
1. Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch court in the district where Julien Sunye Photography is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise .
Attribution
These terms and conditions were created using a document from Rocket La wyer (https://www.rocketlawyer. corn/nl).
Drawn up on 01 February 2022.