Terms and Conditions

Article 1. Offer

  1. Giacomo Perticara fotografie (hereinafter: G.P. Fotografie) makes an offer in the form of a quotation or otherwise, setting out which services can be provided and at what price.
  2. Acceptance of the offer is made in writing (for example by email). The client must explicitly confirm which services will be purchased. A contract may be used.
  3. An offer expires thirty days after the date on which it was sent.
  4. Price quotes in offers and quotations are subject to change. G.P. FOTOGRAFIE will inform the client of this as soon as possible.

 

Article 2. Acceptance of the assignment

  1. The client must accept the offer explicitly and in writing. If the client fails to do so but nevertheless agrees, or at least gives that impression, the offer is deemed to have been accepted.
  2. G.P. FOTOGRAFIE reserves the right to refuse an assignment if, after acceptance, new information becomes available that makes performance unacceptable.
  3. After acceptance, the agreement can only be changed by mutual consent. In that case, G.P. FOTOGRAFIE is entitled to adjust the fee due under the agreement.

 

Article 3. Performance of the assignment

  1. G.P. FOTOGRAFIE will carry out the assignment to the best of its insight and ability and in accordance with the standards of good craftsmanship, in the style in which it usually works.
  2. The client is obliged to do, and refrain from doing, everything that is reasonably necessary and desirable to enable timely and correct performance of the assignment.
  3. G.P. FOTOGRAFIE delivers the images in its usual style, applying general image optimisation to aspects such as light, colour and contrast.
  4. In the event of serious circumstances that make it impossible for G.P. FOTOGRAFIE to carry out the assignment itself on the agreed date, a replacement photographer will be arranged where necessary and possible, or a new date will be proposed.

 

Article 4. Delivery

  1. Unless agreed otherwise, G.P. FOTOGRAFIE delivers the photos within 45 days after the photo session.
  2. G.P. FOTOGRAFIE gives advance notice of products with a longer delivery time. The estimated delivery time of these products is communicated to the client by email.

 

Article 5. Fee

  1. If no fee has been agreed between the parties, the fee usually charged by G.P. FOTOGRAFIE applies, as stated on the website.
  2. If it is plausible that G.P. FOTOGRAFIE has incurred higher costs and/or performed additional work, this will be passed on to the client.
  3. The final fee is based on the work performed and the costs incurred, on a cost-plus basis.
  4. All amounts stated by G.P. FOTOGRAFIE include VAT, unless agreed otherwise.

 

Article 6. Payment terms

  1. Upon agreement, G.P. Fotografie will receive an advance payment. This will be 20% of the agreed total price.
  2. G.P. FOTOGRAFIE will send the client an (electronic) invoice for the amount due, unless agreed otherwise.
  3. If nothing has been agreed about the payment term, the payment term is thirty days after the invoice date.

 

Article 7. Cancellation and suspension

  1. If an invoice is not paid within the payment term, G.P. FOTOGRAFIE may, after notifying the client, suspend all of its work for the client until the invoice amount has been paid.
  2. If the client fails to provide the information required to perform the assignment in time, or fails to be present (on time) while this is necessary to perform the assignment, G.P. FOTOGRAFIE is entitled to suspend or dissolve the agreement.
  3. Suspension or dissolution of the agreement is done in writing.
  4. If the client dissolves the agreement within five working days before performance of the assignment, G.P. FOTOGRAFIE will charge half of the agreed total price.

 

Article 8. Copyright

  1. The copyright and other intellectual property rights to all materials developed or made available in the context of the assignment belong to G.P. FOTOGRAFIE.
  2. Unless agreed otherwise, G.P. FOTOGRAFIE is entitled to use the works created for its own promotion.
  3. The client is not entitled to distribute the work commercially.
  4. Editing the delivered works, whether digital or analogue, is not permitted without the prior written consent of G.P. FOTOGRAFIE.

 

Article 9. Liability

  1. G.P. FOTOGRAFIE is not liable for any damage incurred by the client, unless there is intent or gross negligence.
  2. G.P. FOTOGRAFIE is not liable for colour deviations on non-calibrated screens or on prints made by another supplier.
  3. Liability is limited to the amount of the invoice.

 

Article 10. Changes to these terms and conditions

  1. G.P. FOTOGRAFIE reserves the right to change or supplement these Terms and Conditions.
  2. Changes will be communicated to the client in writing and in good time.
  3. If the client does not wish to accept a proposed change, they may terminate the agreement up to the date on which the new Terms and Conditions take effect, with effect from that date.