General Terms and Conditions - Moment By Tanja
Contents
1. Definitions
2. Applicability
3. Offers and Conclusion of the Assignment
4. Modifications
5. Right of Withdrawal
6. Cancellation
7. Engagement of Third Parties
8. Duration and Termination
9. Prices
10. Invoicing and Payment
11. Delivery Times
12. Information Provided by the Client
13. Client Cooperation
14. Delivery
15. Complaints
16. Intellectual Property Rights
17. (Sub)License
18. Copyright Infringement
19. Attribution and Moral Rights
20.Transfer of (Intellectual) Property Rights
21. Publication
22. Privacy
23. Suspension and Termination
24. Force Majeure
25. Liability
26. Confidentiality
27. Penalty
28. Miscellaneous
1. Definitions
In these General Terms and Conditions, the following terms have the following meanings:
↟ General Terms and Conditions: These General Terms and Conditions of Moments by Tanja.
↟ Services: All services provided by Moments by Tanja within the framework of the Assignment given by the Client.
↟ Moments by Tanja: The contractor providing the Services to the Client, based in Lindknud (6650), Denmark.
↟ Assignment: All agreements and arrangements between Moments byTanja and the Client.
↟ Client: Any natural or legal person who enters into an Assignment with Moments by Tanja or receives an offer.
↟ Party(ies): Moments by Tanja and/or the Client.
↟ Work(s): A photo or photos, as well as any other recordings of visual material or data carriers produced by Moments by Tanja.
2. Applicability
These General Terms and Conditions apply exclusively to all legal relationships with Moments by Tanja. Any general terms and conditions used by the Client or other provisions deviating from these Terms and Conditions are explicitly rejected.
3. Offers and Conclusion of the Assignment
1. All offers and/or quotations by Moments by Tanja are without obligation and valid for one month unless stated otherwise.
2. Assignments (including modifications) are concluded by written or electronic confirmation from Moments by Tanja or by execution of the Assignment.
3. In cases where no quotation or confirmation is provided, the invoice is deemed to accurately reflect the Assignment.
4. Modifications
1. Moments by Tanja may refuse or modify Assignments and attach additional terms for execution.
2. Changes must be communicated in writing; they take effect upon written confirmation.
3. Additional costs caused by modifications are charged to the Client.
4. Requests that affect quality or quantity may be refused.
5. Modifications causing delays are at the Client’s risk and expense.
6. Additional necessary services may be performed and charged to the Client.
5. Right of Withdrawal (Consumer Clients)
1. Consumers have a, 14-day right of withdrawal, unless the Assignment execution begins within this period.
2. If Moments by Tanja starts preparatory work during this period, the Client owes a proportional amount.
3. Withdrawal must be communicated by email or contact form.
4. The risk and burden of proof for timely withdrawal rests with the Client.
6. Cancellation
1. Clients may cancel free of charge up to, one month before the scheduled date.
2. Cancellations within two weeks: 50% charged; within one week: 75% ; on the day or no-show: 100%.
3. Clients are responsible for proof of cancellation.
4. Costs already incurred by Moments by Tanja must be reimbursed.
7. Engagement of Third Parties
Moments by Tanja may engage third parties on behalf of the Client if reasonably necessary and will inform the Client where possible.
8. Duration and Termination
The duration depends on external factors, including appointments scheduled by the Client and timely delivery of required information.
9. Prices
1. Fees are based on current rates unless agreed otherwise in writing.
2. Prices exclude travel, accommodation, shipping, or other project-related costs unless stated.
3. Cost increases remain the Client’s responsibility, even after Assignment conclusion.
10. Invoicing and Payment
1. Payment is due 14 days after invoice unless agreed otherwise.
2. Late payments incur legal commercial interest plus collection costs.
3. Collection costs are 15% of the invoice, minimum €500, without further notice.
11. Delivery Times
1. Delivery times are indicative.
2. Exceeding delivery times does not entitle the Client to termination or compensation unless a written notice with reasonable deadline has been given.
12. Information Provided by the Client
1. The Client must provide all necessary information on time and in the required format.
2. Accuracy, completeness, and reliability of information, even from third parties, are the Client’s responsibility.
13. Client Cooperation
1. Client must ensure necessary data, tools, equipment, and locations are available.
2. Client covers location costs, including parking and access fees.
3. Late arrival by the Client reduces the scheduled time; full fees apply.
4. Misbehaving Clients may be denied access; fees remain payable.
14. Delivery
1. Moments by Tanja selects Works based on quality and style.
2. Clients cannot claim all raw or unedited Works.
3. Editing is performed at the discretion of Moments by Tanja.
4. Works are delivered digitally unless agreed otherwise.
5. Delivery is complete when the Client receives the files.
6. Works are stored for one year; no rights can be derived from this storage.
15. Complaints
1. Complaints must be submitted within 5 working days after delivery via email.
2. Complaints submitted within the term will be addressed if justified.
16. Intellectual Property Rights
1. All intellectual property rights remain with Moments by Tanja.
2. Moments by Tanja may reuse parts of content in future projects.
3. Portrait rights remain with Moments by Tanja; explicit consent is given by the portrait subject for promotional use.
17. (Sub)License
1. Written permission is required for use of Works.
2. Unless agreed otherwise, license is limited to one-time, unaltered use. There are no changing in the pictures, the rights stays with Moments by Tanja
3. Transfers and (sub)licenses are prohibited without consent.
18. Copyright Infringement
1. Unauthorized use constitutes infringement.
2. Minimum compensation is three times the standard license fee, plus any other damages.
19. Attribution and Moral Rights
1. Moments by Tanja must be clearly credited.
2. Client must respect moral rights when reproducing or publishing Works.
20. Transfer of (Intellectual) Property Rights
1. Upon termination of the Assignment, all rights revert to Moments by Tanja unless agreed otherwise.
2. Transfer of works is possible at an agreed cost.
21. Publication
1. Photos or videos may be used for Moments by Tanja promotion unless the Client requests removal via email.
22. Privacy
Parties comply with GDPR and Danish privacy laws. See the Privacy Policy for details.
23. Suspension and Termination
Moments by Tanja may suspend or terminate the Assignment immediately if the Client fails to meet obligations.
24. Force Majeure
1. No liability arises in case of force majeure.
2. Moments by Tanja may suspend or terminate the Assignment without court involvement.
25. Liability
1. Services are provided with reasonable care.
2. Liability is limited to re-performance or invoice value of the Assignment.
3. No liability for indirect damages, including lost revenue or profits.
4. Claims must be submitted within 1 year after the incident.
26. Confidentiality
Client must maintain confidentiality unless Moments by Tanja provides written consent. Obligations also apply to subcontractors.
27. Penalty
1. Breaches of Articles 16–19, 22, and 26 incur a penalty of €1,000 plus €100 per day.
2. Payment of the penalty does not affect the right to claim further damages.
28. Miscellaneous
1. Moments by Tanja may amend these Terms unilaterally.
2. Invalid provisions do not affect the validity of remaining provisions.
3. Danish law applies; disputes fall under the competent court in Moments by Tanja’s location.
29. Gift Cards
1. Gift cards issued by Tanja Huizinga Photography can be used as payment for photoshoots or other photography services offered by the photographer.
2. Each gift card has a unique code and is valid for 12 months from the date of purchase, unless otherwise stated.
3. Gift cards cannot be exchanged for cash and are non-refundable.
4. If the total amount of the chosen session exceeds the value of the gift card, the difference must be paid by the holder.
5. Lost or stolen gift cards will not be replaced.
6. The terms and validity of gift cards are subject to applicable Danish consumer law.