TERMS AND CONDITIONS

1. DEFINITIONS

The “Photographer” relates to FotoFanatic / Freek van den Driesschen
The “Client” relates to the user or buyer of the website
The “Website” relates to http://www.fotofanatic.nl
The “Product” relates to an image or print

2. COPYRIGHT

All images and content are protected by copyright and owned by FotoFanatic.nl. This website and all content contained within the site cannot be reproduced, duplicated, copied, sold, distributed, used or modified in any way without prior consent and permission from the Photographer.

3. LICENSING IMAGES

3.1 All the images on the website are available for licensing (other rules apply to aerial images). The photographer could decide to not license specific images to the client due multiple reasons. There is a possibility to licensing the images with exclusive rights (contact for further information).
3.2. It’s not allowed to modify images in any way when licensed an image without written permission of the photographer.
3.3 The Client shall return all images and delete all digital copies from their systems within 30 days of the expiry of the license.
3.5 Sharing images on social media do not need to be licensed but there should always be a watermark of FOTOFANATIC on those images.
3.6 Unauthorised use of FotoFanatic.nl’s images will be invoiced at the usual rate multiplied by two (2).

Licensing images doesn’t mean the client OWNS the image. Buying exclusive rights of images is more expensive!

4. INDEMNITY

The photographer shall not be liable for any legal action, claim or damages resulting from or arising out of the publication of the images or any other use by the client. The client shall indemnify the photographer against any claims and/or damages against him including reasonable counsel fees arising from the client’s use of the images and the photographer’s use of the materials on the instructions of the client.

5. CLIENT APPROVAL

The client is responsible for having its authorized representative present during all “shooting” phases of the assignment to approve the photographer’s interpretation of the assignment. If no representative is present, the photographer’s interpretation shall be accepted. The client has no right of reject the final product.

6. CREDIT TO THE PHOTOGRAPHER

The Photographer’s name shall be exhibited in reasonable proximity to all published reproductions of the images unless otherwise agreed in writing prior to commencement of work.

7. PRINTS

All the images on the website are available as a print (other rules apply to aerial images).
7.1 On Metal;
You will get the most vibrant colors and incredible image clarity. Metal prints use a frameless design.
7.2 On Glass;
The transparent, glass-like support will make your images look crisp, highlighting the depth of color and the clarity of detail. Glass prints use a frameless design.
7.3 There is no hanging system included by the print. You can order them separately.
7.4 For other options, please contact the Photographer on the contact page of this website.
7.5 All the prints are custom printed to an order. There is no ‘stock’ of any images. With the large variety of sizes that are available, keeping a stock of any image is impractical. If you decide to cancel you order I cannot refund the full order. The costs that I’ve made to get the print printed are unfortunately gone.

8. COLOR MANAGEMENT

The utmost care has been taken with this online gallery to accurately represent the finished photograph, however due to differences in monitor settings and computer screens, the images on this website should only to be taken as indicative of the final product.

9. PRICE

If the parties have not agreed a price, then the photographer shall charge his usual rate. The photographer could, in the event of overtime charge an extra free for compensation time and additional work. All prices are (where needed) exclusive traveling or other additional costs. Those will be charged within the invoice and communicated to the client in advance.

10. PAYMENT

10.1 The Client shall pay all expenses referred to within the contract or quotation.
10.3 Full payment is required within 30 days of receipt of the relevant invoice.
10.4 For prints: Production starts after full payment has been received
10.3
 All payments on this website are processed automatically via Stripe. Stripe offers an industry standard secure on-line payments system. You don’t need an account to place orders.

If you want to pay differently please contact the photographer on the contact page of the website

11. PACKAGING

You can be assured that your order will be suitably packaged to prevent damage during transit. The photographer will be responsible during the transit and will take appropriate measures if the product does not reach the client in mint condition.

12. PROCESSING & DELIVEY

We endeavor to dispatch all print orders within 10 working days of placing an order. If for any reason there is a delay, we will contact you by email to advise. In practice the majority of our orders are dispatched in less than 10 working days.

NOTE: Not all prints are in stock. When the photographer receives an order a third party organization will print the images. The photographer expects the print within 7 days after the order, does a quality check and will send it to the client.

13. CANCELLATION RIGHTS

13.1 By the client: 
13.1.1 If notice or cancellation is given the client will be charged 30%
13.1.2 If notice or cancellation is given less than 48 hours before the shoot date, the client will be charged 100%.
13.1.3 For prints see 7.5

13.2 By the photographer:
13.2.1
 For any reason. The full price (100%) will be refunded.

14. RESHOOTS

The photographer will charge 100% of his fees, charges, and expenses on any reshoot requested by the client.

15. PRIVACY

The Photographer will keep confidential and will not disclose to any third party or make use of material or information communicated in confidence to him for the purposes of photography except as may be reasonably necessary to carry out the work.
The website doesn’t collect any data or personal info of usage from the client. Only data or personal info that will be saved is by entering contact forms or emails to the Photographer. Those information will only be used for the right reasons and will never shared with third parties. Also the data doesn’t got saved longer than necessary.

16. USE BY PHOTOGRAPHER

The photographer is always allowed to uses images for promotion on his website/social media unless otherwise agreed in writing.

17. ENTIRE AGREEMENT

This agreement is the entire agreement between the parties with respect to the subject matter and no alteration, modification or interpretation hereof shall be binding unless in writing and signed by both parties.