Terms & Conditions

The following terms and conditions of Lotte Dale and Raymond van Mil apply to all products and/or services of Lotte Dale and Raymond van Mil. If you use the services of Lotte Dale and/or Raymond van Mil as a customer, you should have read these terms and conditions.

1. Definitions 
1.1 The parties as stated in these Terms and Conditions are defined as the client (the person or persons who wish to enter into an agreement with Lotte Dale and/or Raymond van Mil and who are also the recipients of the agreed products and/or services) and Lotte Dale and/or Raymond van Mil as a contracted party.

2. Applicability 
2.1 These General Terms and Conditions apply to all legal relationships between Lotte Dale and/or Raymond van Mil and the client, including offers, quotations, order confirmations and oral or written agreements, even after the termination of an agreement, unless the parties have expressly deviated from these terms and conditions in writing.

3. Offer 
3.1 Offer prices are entirely subject to change, unless expressly agreed otherwise. 
3.2 Lotte Dale and/or Raymond van Mil has the right to revoke the offer up to two days after receiving the acceptance of the offer. 
3.3 All prices stated in the quotation are inclusive of VAT and exclusive of travel costs in the Netherlands, unless otherwise agreed.

4. Invoices and Payment 
4.1 The customer checks the invoice of Lotte Dale and/or Raymond van Mil for possible errors. The customer reports any errors within 10 working days of the invoice date. After this period, the invoice is considered binding. 
4.2 Upon receipt of the quotation, the customer will receive an invoice for 250 euros (or in accordance with another agreement) to reserve the date of the photo report. Payment of this amount must be made within 14 days of the invoice date and will then be settled with the remaining amount for which the customer will receive an invoice two weeks before the report. This payment must also be made within 14 days of the invoice date. 
4.3 If Lotte Dale and/or Raymond van Mil has not received the amount due within the specified period, Lotte Dale and/or Raymond van Mil will be the sole owner of the goods and services. The customer will be given notice of default and will owe the statutory interest with an increase of 2% on the amount. The images will be delivered upon receipt of the full amount due.

5. Cancellation 
5.1 The customer can only cancel the order in writing. 
5.2 In the event of cancellation of the agreement, the following terms and amounts apply: 
– In the event of cancellation, the deposit will not be refunded 
– In the event of cancellation within 4 weeks before the date of the photo shoot, the deposit will not be refunded and 50% of the remaining agreed amount must be for the photo shoot/wedding shoot to be paid by the customer. 
– In case of cancellation within 2 weeks before the date of the photo shoot, the deposit will not be refunded and 100% of the remaining agreed amount for the photo shoot/wedding shoot must be paid by the customer. 
5.3 In the case of a wedding reportage where Lotte Dale and/or Raymond van Mil cannot fulfil the agreement in person due to unforeseen circumstances, it will provide, as far as reasonably possible, a replacement photographer. 
5.4 In the case of an ordinary photo shoot where Lotte Dale and/or Raymond van Mil cannot fulfil the agreement in person due to unforeseen circumstances, they will plan a new date in consultation with the customer. 
5.5. In the event of a wedding shoot where Lotte Dale and/or Raymond van Mil is unable to comply with the agreement for good reasons, Lotte Dale and/or Raymond van Mil does not have to pay additional compensation to the customer. 
5.6 In the event of force majeure, in which the measures taken by the government play a role, Lotte Dale and/or Raymond van Mil will agree a new date for the agreement with the customer and the assignment will be suspended. 
5.7 In the event of force majeure, in which the measures taken by the government play a role, and suspension of the assignment is not reasonably possible, the assignment will be dissolved. The costs incurred by Lotte Dale and/or Raymond van Mil will be reimbursed by the customer, provided Lotte Dale and/or Raymond van Mil can prove these costs.

6. Assignment 
6.1 A service agreement is an agreement whereby Lotte Dale and/or Raymond van Mil undertakes to create and/or deliver photographic works to the client. 
6.2 An agreement for the service is realised by mutual acceptance, in writing or verbally, of the offer. 
6.3 Lotte Dale and/or Raymond van Mil is entitled to perform the agreement for services at its own technical and creative discretion in the style and quality that is standard for the work of Lotte Dale and/or Raymond van Mil.

7. Delivery 
7.1 Lotte Dale and/or Raymond van Mil is responsible for the selection of the delivered files. 
7.2 Lotte Dale and/or Raymond van Mil will never provide raw or ‘RAW’ files. All images are carefully post-processed such as adjusting lighting, color and contrast. This post-processing is an essential part of the working method of Lotte Dale and/or Raymond van Mil. 
7.3 Additional post-processing, such as the adjustment of elements in the images, is possible after consultation and at extra cost. 
7.4 The delivery of photographic work takes place at the address of Lotte Dale and/or Raymond van Mil. Photographic work that is sent is at the customer’s own risk from the moment of sending. 
7.5 Delivery periods are based on estimates and depend on the suppliers involved. Lotte Dale and/or Raymond van Mil will ultimately deliver the images within 6 weeks of the photo shoot/wedding date. 
7.6 After a wedding shoot, Lotte Dale and/or Raymond van Mil creates a first album design after the client has received the images. This does not apply to ordinary photo shoots. 
7.7 Referring to 7.6, the customer can make changes to the design twice free of charge. In addition, Lotte Dale and/or Raymond van Mil is entitled to charge 50 euros per additional change. 
7.8 When the customer has given his approval for the album design, the album will be ordered by Lotte Dale and/or Raymond van Mil. When an order is placed, changes can no longer be processed.
7.9 Once an order has been placed, the album will be delivered within approximately six weeks. Lotte Dale and/or Raymond van Mil will inform the customer in case of extended delivery periods.
7.10 Wedding albums are ordered after approval and only delivered after payment has been received.

8.Copyright and publication right 
8.1 The copyright on photographic works rests without exception with Lotte Dale and/or Raymond van Mil. 
8.2 The client accepts and agrees that Lotte Dale and/or Raymond van Mil is the owner of all images developed and/or the works made available in the context of the assignment. 
8.3 The customer receives the digital files in high resolution and agrees that these files are only intended for his own private use and his family environment. It is not allowed to duplicate and / or use the photographic images for business purposes, to sell them to third parties or to use them to participate in (photo) competitions. 
8.4 The client may share the images on Social Media, provided that the name Lotte Dale and/or Raymond van Mil is mentioned. 
8.5 In the context of ‘droit moral’ (the moral rights of Lotte Dale and/or Raymond van Mil), the customer may not edit the photographic images themselves. 
8.6 The customer agrees that Lotte Dale and/or Raymond van Mil can use the photographic images for its own portfolio, website, blog, for commercial purposes or via the internet, printing, competitions or publications on (wedding) blogs. The customer does not receive any payment for the use of these images. The customer may object to the use of the photographic images by making this known in writing to the contract for services. 
8.7 The customer may object to the use of the photographic images by making this known in writing to the contract for services. In that case, the customer pays an additional 30% of the agreed amount. 
8.8 In the event that a customer would like to publish photographic work on, for example, a (wedding) blog, the customer must first consult Lotte Dale and/or Raymond van Mil. 
8.9 Any use of photographic work not agreed upon will be considered a violation of the copyright of Lotte Dale and/or Raymond van Mil.

9.Complaints 
9.1 Complaints with regard to the delivered work must be reported in writing to Lotte Dale and/or Raymond van Mil as soon as possible, but no later than 10 days after delivery of the photographic works. 
9.2 Lotte Dale and/or Raymond van Mil works with a calibrated computer display for optimal color editing and correction, resulting in a minimal amount of color difference in the products. It is understood that the customer may experience a difference in colors or brightness on their computer screen if this display is not calibrated. For this reason, Lotte Dale and/or Raymond van Mil will not be responsible if the final product differs from the color shown on the customer’s screen.

10 Liability 
10.1 Lotte Dale and/or Raymond van Mil is not liable for any compensation for the customer, unless this is intentionally done by Lotte Dale and/or Raymond van Mil. Liability will in any case be limited to the amount of the invoice.

11. Freedom of choice and forum 
11.1 All events that are subject to the applicability of these General Terms and Conditions are subject to Dutch law.
11.2 Any dispute arising from the text and interpretation of these Terms and Conditions and any legal relationship between Lotte Dale and/or Raymond van Mil and the customer will be submitted to the competent court in the Netherlands.

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