Welcome to lyanneart.com

On this page, you will find our privacy policy and general terms and conditions that apply to the use of our services and/or visiting our website, lyanneart.com.

Privacy policy

Personal data that we process
When you use our services and/or provide this information to us yourself, LyanneArt will process your personal data.
Below you will find an overview of the personal data we process:
– First and last name
– Home or work address
– Phone number
– E-mail address
– IP address
– Other personal data that you actively provide, for example by completing the contact form on this website, through email and by telephone
– Location data
– Information about your activities on our website
– Internet browser and device type
– Bank account number

Special and/or sensitive personal data that we process
Our website does not intend to collect data about website visitors who are younger than the age of 16. Unless they have permission from parents or guardians. However, we cannot check whether a visitor is older than 16. We therefore recommend that parents be involved in the online activities of their children, in order to prevent data about children from being collected without parental consent. If you are convinced that we have collected personal information about a minor without this consent, please contact us at info@lyanneart.com and we will delete this information. All website data that we receive is anonymized. Read the section “Cookies, or similar techniques, that we use” for further information about the data we collect.

For what purpose and on what basis do we process personal data?
LyanneArt processes your personal data for the following purposes:
– To be able to call or email you if this is necessary to provide our services
– To inform you about changes to our services and products
– To deliver goods and services to you
– For drawing up agreements and invoices
– Handling your payment
– Sending our newsletter
– LyanneArt analyzes your behavior on the website in order to improve the website and tailor the range of products and services to the preferences of website visitors.
– LyanneArt also processes personal data if we are legally obliged to do so, such as data that we need for our tax return.

Automated decision making
LyanneArt does not use automated decision-making.

How long we keep personal data
LyanneArt does not store your personal data for longer than is strictly necessary to achieve the purposes for which your data is collected. In addition, we have a 7-year retention obligation from the government. We use the following retention periods for the following (categories) of personal data:

Digital contact between you and LyanneArt without purchasing a product or service:
Stored for: 12 months
Data: E-mail address

Customers who purchase a product or service:
The personal data required for communication and delivery of the product or service.
Stored for: 7 years of administration obligation
Data: Name, surname, email address, home or work address, bank account number and telephone number.

Addition: The data of website visitors has been anonymized and is therefore not considered personal data.

Sharing personal data with third parties
LyanneArt shares your personal data with various third parties if this is necessary for the execution of the agreement and to comply with any legal obligation. We enter into a processing agreement with companies that process your data on our behalf to ensure the same level of security and confidentiality of your data. LyanneArt remains responsible for these processes. In addition, LyanneArt provides your personal data to other third parties. We only do this with your express permission.

Category: Execution of an agreement
Purpose: Companies and individuals who need to be informed with your personal data to proceed the execution of the agreement.
Data: Name, surname, email address and telephone number

Category: Legal obligation
Purpose: When the Tax Authorities request data from LyanneArt.
Data: Name, surname, e-mail address, home or work address, bank account number and telephone number

Category: Legitimate interest
Purpose: When taking legal action and there is no option to share the data anonymously.
Data: Name, surname, e-mail address, home or work address, bank account number and telephone number

Cookies, or similar techniques, that we use
LyanneArt uses functional, analytical and tracking cookies. A cookie is a small text file that is stored in the browser of your computer, tablet or smartphone when you first visit this website. These ensure that the website works properly and that, for example, your preference settings are remembered. These cookies are also used to ensure that the website works properly and to optimize it.

On your first visit to our website, we will inform you about these cookies and ask permission to place them.

You can unsubscribe from cookies by resetting your internet browser so that it no longer stores cookies. In addition, you can also delete all information previously stored via the settings of your browser.

Below is an overview of the cookies we use:
Cookie: Polylang
Name: pll_language
Function: Remembering the language preference of returning visitors
Retention period: 1 year

Cookie: PHP application
Name: PHPSESSID
Function: Stores and identifies a user’s unique session ID to manage user sessions on the website. The cookie is deleted when all browser windows are closed.
Retention period: Session

Cookie: Google Analytics
Name: _ga_*
Function: To store and count page views
Retention period: 1 year, 1 month and 4 days
Cookie: _ga

Name: Google Analytics
Function: Calculate visitor, session, and campaign data and track site usage for the site analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognize unique visitors.
Retention period: 1 year, 1 month and 4 days

Cookie: Cookie Notice
Name: cookie-notice-accepted
Function: The cookie remembers the accepted cookies for future website visits.
Retention period: 1 year

View, adjust or delete data
You have the right to view, correct or delete your personal data. In addition, you have the right to withdraw your consent to data processing or to object to the processing of your personal data by LyanneArt and you have the right to data portability. This means that you can submit a request to us to send the personal data we have about you in a computer file to you or another organization mentioned by you.

You can send a request for access, correction, deletion, data transfer of your personal data or request for withdrawal of your consent or objection to the processing of your personal data to info@lyanneart.com.

To ensure that the request for access has been made by you, we ask you to enclose a copy of your proof of identity with the request. Make your passport photo, MRZ (machine readable zone, the strip with numbers at the bottom of the passport), passport number and Citizen Service Number (BSN) black in this copy. This is to protect your privacy. We will respond to your request as quickly as possible, but within four weeks.

How we protect personal data
LyanneArt takes the protection of your data seriously and takes appropriate measures to prevent misuse, loss, unauthorized access, unwanted disclosure and unauthorized modification. If you feel that your data is not properly secured or there are indications of misuse, please send an email to info@lyanneart.com.

License
Unless otherwise stated, LyanneArt owns the intellectual property rights for all material on lyanneart.com.

It is not permitted:
– To republish material from lyanneart.com
– To sell, rent or sub-license material from lyanneart.com
– To reproduce, duplicate or copy material

General Terms and Conditions

Version: 12 December 2023

  1. Definitions

The following definitions are used in these general terms and conditions:

1.1. LyanneArt, the sole proprietorship of Lyanne Keegstra, established in Damwâld, Haadwei 21, under Chamber of Commerce number 90473477.

1.2. Customer: any (legal) person who purchases one or more services/products from LyanneArt. This definition includes both Business customer and Consumer.

1.3. Business customer: any (legal) person acting for purposes within its business or professional activity.

1.4. Consumer: any natural person who is not acting in the exercise of a profession or business.

1.5. Parties: LyanneArt and Customer.

1.6. Assignment: the assignment given by Customer to LyanneArt to provide one or more services and/or to supply products.

1.7. Agreement: the agreement entered into between the Parties (such as, for example, but not limited to the distance and/or assignment agreement).

1.8. Distance agreement: the agreement concluded between LyanneArt and Consumer under an organised system for distance selling or provision of services, without LyanneArt and Consumer being physically present together at the same time, and where, up to and including the moment of conclusion of the agreement, exclusive use is made of one or more means of distance communication (such as telephone or internet).

1.9. Withdrawal period: the period within which Consumer can exercise his right of withdrawal.

1.10. Right of withdrawal: the possibility for Consumer to withdraw from the distance contract within the cooling-off period.

1.11. Day: calendar day.

1.12 Durable data carrier means any device that enables Customer or LyanneArt to store information personally addressed to them in a way that makes such information accessible for future use for a period of time appropriate to the purpose for which the information is intended, and that allows for an unaltered reproduction of the stored information.

Examples: paper, USB sticks, CD-ROMs, DVDs, memory cards, computer hard drives, and e-mails.

1.13. Shoot: a photo and/or video shoot.

1.14. Physical product: a tangible product, such as a photo album.

1.15. Spotted: viewing the filmed material and making a selection from it.

 

  1. Applicability

2.1. These General Terms and Conditions apply to:

  1. all agreements between LyanneArt and Customer;
  2. the stage prior to the conclusion of the contract (such as when making an offer);
  3. all new or additional agreements.

2.2. These General Terms and Conditions are made available to Customer in such a way that they can be easily stored by Customer on a durable data carrier.

2.3. When what is mentioned in article 2.2 is not possible, LyanneArt will announce, before the agreement is concluded, where these Terms and Conditions can be consulted (digitally), and that they will be sent digitally or otherwise upon request.

2.4. The parties may deviate from these General Terms and Conditions, if they have expressly agreed to do so, and this is not contrary to mandatory law.

2.5. The applicability of Customer’s General Terms and Conditions is expressly excluded.

2.6. The applicability of Section 7:404 of the Dutch Civil Code is explicitly excluded. This means that if an assignment is granted with a view to Lyanne Keegstra, she does not have to perform the assignment herself.

2.7. The applicability of section 7:409(2) of the Dutch Civil Code is explicitly excluded. This means that, if an assignment with a view to Lyanne Keegstra has been granted by Client, and Lyanne Keegstra dies, her heirs have no obligation to look after Client’s interests after her death.

 

  1. Offers and tenders

3.1. The offer or quotation shall contain a clear, complete and comprehensible description of the services offered.

3.2. Obvious mistakes or errors in the offer or a quotation do not bind LyanneArt.

3.3. An offer or quotation is valid for a maximum of 14 days, unless another acceptance period is stated in the offer or quotation.

3.4. If Customer does not accept an offer or quotation within the applicable period, the offer or quotation shall lapse.

3.5. If an offer or quotation is made where the service does not have a fixed rate but where it is an hourly rate service, it will be estimated how many hours LyanneArt needs to provide the service, unless otherwise agreed.

3.6. No rights can be derived from the estimated hours for a service and the resulting total rate. The estimated hours can be either lower or higher in practice. LyanneArt invoices its actual hours spent.

3.7. Assignments are confirmed in writing by the Customer. When the Customer agrees otherwise than in writing that LyanneArt will start executing the Assignment, the content of the offer or quotation will be considered agreed upon and these Terms and Conditions will apply. Further verbal agreements bind LyanneArt only after they have been confirmed in writing by LyanneArt.

 

  1. Conclusion of the agreement

4.1. An agreement comes into effect as soon as Customer has accepted the offer and Customer has fulfilled the set conditions.

4.2. Agreements will be confirmed by LyanneArt as soon as possible. In particular, in case of remote agreements, LyanneArt will provide Consumers with a confirmation of the agreement on a durable data carrier. LyanneArt must do this within a reasonable time after the conclusion of the agreement, or in any case upon delivery of the products, or before the service is performed. This confirmation contains the information mentioned in Art. 6:230m subsection 1 of the Dutch Civil Code, insofar as LyanneArt has not provided this before the conclusion of the agreement on a durable data carrier. In addition, to the extent applicable, the confirmation contains the confirmation of the express prior consent and declaration of Consumer in accordance with article 12.16.

4.3. Until receipt of acceptance is confirmed, then Consumer may dissolve the agreement.

4.4. It shall only be possible to amend or supplement the agreement after its conclusion if this has been expressly agreed.

 

  1. Rates

5.1. All rates used by LyanneArt are in Euros and exclude any other costs, such as, but not limited to, travel expenses, equipment rental and meal reimbursement. Rates are communicated exclusive of VAT to Business Customer, and inclusive of VAT to Consumer.

5.2. All rates used by LyanneArt listed on its website or otherwise made known, LyanneArt may change at any time, unless the agreement has already been concluded with Consumer.

5.3. Exceptions when LyanneArt is allowed to change its rate on an interim basis when the agreement has already been concluded with Consumer are:

  1. When a wedding is rescheduled to another date;
  2. when new legal regulations cause a rate change.

5.4. The situation mentioned in previous paragraph under A also sees that the rate may be changed for (the making of) photo albums, if the agreement also entails that LyanneArt makes a photo album for Customer.

5.5. If there is the exception from paragraph 3 under A of this article, Consumer may dissolve the agreement if the rate change occurs within three months after the conclusion of the agreement.

5.6. LyanneArt will announce its rate change:

  1. in the case of paragraph 3 of this article: as soon as possible;
  2. in case Business Customer and LyanneArt have an agreement: no later than one month in advance.

5.7. If Customer wishes to supplement or amend the agreement, LyanneArt may charge a surcharge, if applicable.

 

  1. Rush

6.1. If Customer is in a hurry for an order, LyanneArt may charge an additional 25% of its regular applied rate.

6.2. Urgency exists if:

  1. Corporate client wants a shoot within 24 hours of his request,
    and/or the photos/videos should be delivered within four working days.
  2. Consumer books a wedding shoot within one week before his wedding,
    and/or wants the photos/videos delivered within seven calendar days.

6.3. The responsibility of the actual completion within the term mentioned in paragraph 2, also lies with Customer. Customer is expected to respond as soon as possible to, for instance, but not limited to, questions asked by LyanneArt, so that LyanneArt can comply with the wish to complete the order within the time desired by Customer. 

6.4. In case LyanneArt is unable to complete its work within the timeframe desired by Customer due to Customer’s actions/negligence, Customer will continue to owe the emergency rate.

6.5. If, after commencement of the execution of the order, it appears that there is no longer any urgency for Customer, Customer shall continue to owe the urgency rate.

6.6. Customer is not entitled to feedback rounds in case of urgency. If Customer has feedback after delivery of the photos/videos, and Customer wants this feedback processed, Customer must pay an additional fee for this.

 

  1. Payment

7.1. LyanneArt may invoice its services in advance, both the total agreed amount and a deposit.

7.2. Payment in instalments is only possible after consultation.

7.3. Payment must be made within 14 days of the invoice date. Consumer also has the option to pay afterwards in case of purchase of physical products.

7.4. The fee charged by LyanneArt to Consumer for the use of a particular means of payment shall not exceed the cost of its use to LyanneArt, unless it is prohibited to pass on the cost of use to Consumer.

7.5. Business customer shall make the payment without suspension or set-off.

7.6. Should Business Customer fail to fulfil his payment obligation(s), he will be twice given the opportunity by LyanneArt to fulfil his payment obligation within a period of 7 days.

7.7. If Consumer does not fulfil his payment obligation(s), he will be twice given the opportunity by LyanneArt to fulfil his payment obligation within a period of 14 days.

7.8. Should Customer fail to make payment after the payment reminders mentioned in the two previous paragraphs, he will owe the legal (commercial) interest and then LyanneArt may charge the extrajudicial costs. The amount for extrajudicial costs consists of at least €40 and is owed by Customer without a reminder from the day after the agreed deadline for payment has passed.

7.9. If the Customer does not pay (in full) or in time, LyanneArt can suspend the (remaining) work in execution of the order. This means, for instance, that LyanneArt will only deliver photos or videos after payment has been made.

7.10. In case of liquidation, bankruptcy, legal debt restructuring or suspension of payment of Customer, the obligations of Customer towards LyanneArt are immediately due and LyanneArt may suspend or terminate its activities.

 

  1. Execution of assignments

General

8.1. LyanneArt will carry out an assignment with the care and expertise that can reasonably be expected of her under the given circumstances.

8.2. LyanneArt carries out an assignment at its own discretion. This includes that LyanneArt takes and edits photos/videos according to her own insight. Customer should be familiar with the style of LyanneArt. If Customer has additional wishes for editing, this can be done in consultation at an additional price.

8.3. Customer should follow instructions given by LyanneArt so that it can execute the order as it sees fit.

8.4. LyanneArt has an obligation of effort, and not an obligation of result.

Supply of information/data/documents by Customer

8.5. Customer will ensure that he provides all relevant information, data, and documents requested by LyanneArt or of which Customer understands or should reasonably understand that they are required for correct execution of the agreement, to LyanneArt in a timely manner, in desired form and manner.

8.6. Should the Customer fail to make the requested information, data, and documents available, or fail to do so on time or properly, and the execution of the order is delayed as a result, LyanneArt may suspend its work.

8.7. Costs incurred as a result of requested information, data and documents not being supplied, not being supplied on time or not being supplied properly shall be borne by Customer.

8.8. Customer guarantees the accuracy, completeness and reliability of the data made available, even if they originate from third parties.

Third parties

8.9. LyanneArt may outsource its work to third parties.

8.10. LyanneArt is not liable for changes, errors or defects in products or services of third parties called in by or on behalf of Customer, regardless of whether these were introduced by LyanneArt. The exception is when the changes, errors or defects are attributable to LyanneArt.

8.11. LyanneArt is not liable for damages caused by third parties.

 

  1. Photography / Videography

General

9.1. Customer is responsible for the chosen hair, make-up and clothing style(s) during shoots. In case Customer is not satisfied with the chosen style(s) after the shoot, LyanneArt does not have to redo the shoot and then LyanneArt does not have to do any additional video and/or photo editing(s) to get the desired result from Customer, unless otherwise consulted and an additional fee is paid, if any.

9.2. Client is responsible for arranging the shoot location and its costs, unless otherwise agreed.

9.3. If Customer arrives late to the shoot, then:

  1. this time is deducted from the shoot time. Customer is then not entitled to a (partial) refund, or if Customer has not yet paid, Customer remains liable to pay for the fully agreed amount and any expenses; or,
  2. Customer must pay an additional charge if the shoot continues outside the scheduled times, whether or not calculated in hourly rates.

Which option applies is at the discretion of LyanneArt.

9.4. LyanneArt cannot guarantee that every moment is captured.

9.5. The delivery times communicated by LyanneArt are not deadlines, but approximate delivery times. Therefore, the Customer cannot derive any rights from this. The exception is when a fatal delivery term is expressly agreed upon in writing.

9.7. After delivery of the photos, the customer is responsible for their storage.

Weddings

9.8. A reservation for a wedding shoot is fixed only after the deposit has been paid. Until then, LyanneArt does not hold the date for the wedding shoot for Customer and there is no guarantee that LyanneArt will perform the wedding shoot.

9.9. When LyanneArt is capturing a wedding (photography/videography), Customer should provide meals for LyanneArt, or reimburse LyanneArt for expenses incurred for meals during the agreed hours.

 

  1. Photo products

Commissioned products

10.1. A commissioned photo product will be made to your own specifications.

10.2. If specified, Customer can specify the desired format and material for a photo product made on commission.

Compliance

10.3. A product must comply with the agreement. This is the case when it complies with the agreement in terms of description, quantity and quality, functionality, compatibility, interoperability and other characteristics.

10.4. Customer cannot claim that a product does not comply with the agreement if it was known or could reasonably be known at the time of concluding the agreement.

Customer’s rights in the event of non-conformity

10.5. In case a product does not comply with the agreement, Customer is still entitled to fulfil the agreement, namely:

  1. delivery of the missing, unless delivery is impossible or this cannot be required of LyanneArt;
  2. repair of the product, unless repair is impossible or cannot be required of LyanneArt;
  3. replacement of the product, unless the deviation from what was agreed is too small to justify this, or the product has been destroyed or deteriorated after the time when Customer should reasonably have taken account of undoing it, due to Customer’s failure to preserve it as a prudent debtor.

Customer must give LyanneArt notice of default and a reasonable time for fulfilment.

10.6. Repair or replacement cannot be required from LyanneArt if the costs thereof are disproportionate to the costs of exercising another right or claim to which Customer is entitled. The following will be taken into account: the value of the products if they were to comply with the agreement, the degree of deviation from what was agreed upon and whether the exercise of another right or claim does not cause serious inconvenience to the Customer.

10.7. Should LyanneArt fail to comply with its obligation to repair the delivered product within a reasonable time after being summoned to do so by Customer in writing, Customer may have the repair done by a third party. The costs thereof will be for LyanneArt.

10.8. Customer puts the product at the disposal of LyanneArt for repair or replacement. LyanneArt will take back the product at its expense. Customer does not have to pay for normal use of the product to be replaced in the period before the replacement.

10.9. The costs of fulfilling the agreement as mentioned in paragraph 5 of this article are for LyanneArt.

10.10. Customer does not have the right to demand fulfilment if it is impossible to do so or that would entail disproportionate costs for LyanneArt.

10.11. In the event that a product does not comply with the agreement, in addition to the right to fulfil the agreement, Customer also has the right to reduce the price in proportion to the deviation from what was agreed, or the right to dissolve the agreement. Customer has these rights in the following cases:

  1. Repair or replacement is not possible;
  2. Repair or replacement cannot be required of LyanneArt;
  3. LyanneArt fails to fulfil the agreement within a reasonable time.

10.12. Customer may dissolve the agreement immediately or have the price reduced if:

  1. LyanneArt has not completed the repair or replacement;
  2. LyanneArt has not completed the repair or replacement as mentioned in article 10.8;
  3. LyanneArt refused to let the product meet the agreement within a reasonable time and free of charge;
  4. there appears to be a defect, despite LyanneArt’s attempt to make the product conform to the agreement;
  5. the defect is so serious as to justify an immediate price reduction or termination of the contract;
  6. LyanneArt has stated, or the circumstances clearly show, that it cannot make the product conform to the agreement within a reasonable time or without serious inconvenience to Customer;
  7. LyanneArt has refused to deliver the product;
  8. Customer and LyanneArt have agreed, or it is clear from the circumstances surrounding the conclusion of the agreement, that a specific time of delivery is essential for Customer and LyanneArt fails to deliver the product before or at that time.

10.13. If Customer dissolves the agreement or LyanneArt needs to reduce its price because the product does not meet the agreement, LyanneArt will refund Customer all payments due within 14 days from the date LyanneArt was notified of Customer’s decision to invoke the right of price reduction or dissolution of the agreement.

10.14. Customer cannot dissolve the agreement if the deviation from that which has been agreed, in view of its minor significance, does not justify the dissolution with its consequences.

External printer

10.15. Photo products are subject to the external printer’s warranty conditions.

Delivery

10.16. The place of delivery of the photo product is the address that Customer has made known to LyanneArt.

10.17. Customer is responsible for communicating the correct place of delivery.

 

  1. Feedback round

11.1. If the assignment consists of making a video, then, provided feedback rounds have been agreed, a maximum of two feedback rounds will take place.

11.2. The first round of feedback takes place after a draft of the video is sent to Customer. The second round of feedback takes place after adjustments have been made based on the feedback from the first round of feedback.

11.3 Business customer has 5 working days to provide feedback per feedback round. Consumer has 5 calendar days to provide feedback per feedback round.

11.4. Feedback will be processed if possible and if reasonable.

11.5. Unreasonable feedback includes, but is not limited to: video editing in a style other than LyanneArt’s, or feedback that differs from what was previously discussed.

11.6. If Customer wishes non-reasonable feedback to be processed and the Parties have agreed that such feedback will still be processed, LyanneArt may charge an additional fee for processing such feedback. In addition, LyanneArt reserves the right to refuse to process non-reasonable feedback.

11.7. Should Customer require an additional round of feedback, LyanneArt may charge an additional fee.

11.8. If Customer does not respond within the deadline during the first round of feedback, LyanneArt will send a reminder of the same deadline mentioned in paragraph 3 of this article.

11.9. If Customer does not provide any feedback after the reminder, the draft is considered the final version. The right to the relevant round of feedback is thereby forfeited.

11.10. Customer shall owe the entire agreed amount after delivery of the final version.

 

  1. Right of withdrawal

General

12.1. Consumer may revoke the distance contract within a 14-day cooling-off period.

12.2. For services, the cooling-off period starts on the day the distance contract is concluded. In the case of physical products, the cooling-off period commences on the day on which Consumer, or a third party designated by Consumer who is not the carrier, received the product. If Consumer has ordered several products in one order, the cooling-off period starts when Consumer, or a third party designated by Consumer who is not the carrier, has received the last product.

12.3. When Consumer uses his right of withdrawal, he will notify LyanneArt by means of the model withdrawal form (Annex 1), or in another unambiguous manner.

12.4. LyanneArt will send a confirmation of receipt to Consumer as soon as possible after notification of withdrawal.

12.5. LyanneArt will refund all payments made by Consumer, within 14 days from the day Consumer notifies the withdrawal, including delivery costs.

12.6. For payments referred to in article 12.5, LyanneArt uses the same means of payment as was used by the Consumer, unless the Consumer has expressly agreed to another means of payment and the Consumer has no costs as a result.

12.7. LyanneArt is not obliged to pay additional costs in case of refunds as mentioned in article 12.5, if Consumer has explicitly chosen another way of the least expensive way of refund and/or standard delivery offered by LyanneArt.

12.8. Consumer shall return the product(s) as soon as possible, in any case within 14 days from the day following the withdrawal.

12.9. In the event of withdrawal, Consumer shall pay the return costs himself.

12.10. Consumer returns the product with all delivered accessories, if possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by LyanneArt.

12.11. The risk and burden of proof for correct and timely exercise of the right of withdrawal lies with Consumer.

Customer’s obligations during the cooling-off period

12.12. Consumer shall treat the physical product and its packaging with care during the reflection period. He will only unpack or use the product in such a way as is necessary to establish the nature, characteristics and functioning of the product.

12.13. Consumer is liable for depreciation of the physical product resulting from a way of handling the product beyond that mentioned in previous paragraph.

12.14. Consumer is not liable for depreciation of the physical product if Consumer did not provide it with all legally required information on the right of withdrawal before or at the conclusion of the agreement.

Exceptions

12.15. The right of withdrawal does not apply to Business Customer.

12.16. The Consumer has no right of withdrawal in case he purchases a service from LyanneArt, the performance thereof has already taken place, the performance of the service has started with the express prior consent of the Consumer, and the Consumer has declared to waive his right of withdrawal as soon as LyanneArt would start performing the agreement.

12.17. The right of withdrawal does not apply to photo products provided they are custom-made, as referred to in Article 6:230p sub f under 1 BW.

 

  1. Rescheduling appointments & shoots / no show

Definitions

13.1. Under this article, appointments mean (online) meetings required for LyanneArt to perform its work. Under this article, this definition does not mean a shoot.

13.2. In this article, bad weather means: weather conditions that may affect the shoot in such a way that it will have a detrimental effect on the expected results, or when a code orange is issued by the KNMI for the province where the shoot will take place. Whether there is bad weather is at the discretion of LyanneArt.

Resistance by LyanneArt

13.3. LyanneArt may reschedule a shoot in case of illness, force majeure, bad weather, or when LyanneArt has not obtained sufficient information from Customer to continue the shoot.

13.4. If LyanneArt wants to reschedule a shoot in case of bad weather, she will let you know no later than between 24 to 12 hours in advance.

13.4. If LyanneArt reschedules a shoot, Customer must set a new date within 7 calendar days.

13.5. LyanneArt may reschedule an appointment at any time. In this case, it does not owe Business Customer any compensation.

Expulsion by Customer

13.6. Client may reschedule an appointment or shoot twice, and only in cases of force majeure.

13.7. If Business Customer has twice rescheduled a shoot or appointment, LyanneArt may terminate the agreement without owing compensation.

13.8. In case a shoot is rescheduled by Customer, Customer must reschedule the shoot within 7 calendar days.

13.9. In case an appointment is rescheduled by Customer, Customer must reschedule the appointment to a date within 14 calendar days of the original appointment as soon as possible.

No show

13.10. If Customer does not appear at an appointment or shoot (no show), Customer is not entitled to a (partial) refund. If Customer has not yet paid the agreed amount and any expenses, he shall remain liable for payment.

 

  1. Confidentiality

14.1. LyanneArt is obliged to keep all confidential information obtained from Customer in the context of the Assignment confidential. Information is in any case considered confidential if this has been communicated by a party or if this results from the nature of the information.

14.2. Secrecy does not apply if the information in question is already public or generally known, the information is not confidential and/or the information was not disclosed to LyanneArt during the agreement with Customer and/or was otherwise obtained by LyanneArt.

14.3. Secrecy does not apply insofar as a legal obligation to disclose information has been imposed on LyanneArt. In this case, LyanneArt does not owe damages to Customer, nor can Customer terminate the agreement.

 

  1. Force majeure

15.1. LyanneArt does not have to fulfil its obligations under the agreement if fulfilment has become temporarily or permanently impossible due to force majeure.

15.2. Force majeure shall mean any non-attributable impossibility to fulfil the obligations of the agreement, including, but not limited to: fire, accidents, software failures, computer failures, illness, strikes, protests, unexpected roadworks, non-performance by third parties involved, government measures, epidemics, and pandemics.

15.3 Customer will be notified by LyanneArt of the force majeure situation as soon as possible.

15.4. In case of force majeure, LyanneArt will search for a suitable solution together with Customer to still fulfil the agreement. If possible, LyanneArt will make an effort to find a substitute if she cannot fulfil the agreement herself.

15.5. In case of force majeure, LyanneArt is not bound to compensate any damage.

15.6. If Customer wants to reschedule a physical appointment due to a pandemic or epidemic, but governmental measures do not make the continuation of the agreement, whether in modified form or not, LyanneArt may charge for the damage it suffers due to the rescheduling.

15.7. In case of force majeure, Business Customer is not entitled to dissolve the agreement in whole or in part, unless otherwise agreed.

15.8. In case of force majeure, Business Customer shall not be entitled to suspend its obligations, unless otherwise agreed.

 

  1. Interim termination

Termination

16.1. The parties may terminate the agreement by giving notice, with immediate effect if desired. Exception is when LyanneArt provides services for Business Customer on a monthly basis, then a notice period of one month applies. Example: If a party terminates 10 April, then the agreement will have ended after 31 May.

If the terminating party is in the capacity of Consumer, Article 12 shall be observed.

16.2. An exception to the notice period of one month mentioned in the previous paragraph is if an urgent reason justifying this occurs. This will in any case be the case if the other party:

  1. declared insolvent;
  2. (provisional) suspension of payments is granted;
  3. has shut down or is liquidating its business;
  4. does not (sufficiently) fulfil its obligations under this agreement despite summons, or there are reasonable grounds to believe that the other party will not fulfil these obligations;
  5. is guilty of fraud, acts contrary to the law and/or regulations, or unbecoming behaviour on the basis of which the other party cannot reasonably be expected to continue the agreement;
  6. admitted to statutory debt restructuring;
  7. dies.

16.3. LyanneArt, in case the right of withdrawal does not (no longer) apply, retains, in case of cancellation of an agreement by Customer, in addition to reimbursement of expenses already incurred by LyanneArt, the right to payment of the following in the case of the following services:

  1. wedding photography and/or videography
    the deposit;
  2. photography and/or videography for Business client in case of assignment without monthly payment
    100% of the agreed amount;
  3. photography and/or videography for Business customer in case of assignment with monthly payment
    payment until the notice period has expired. If paragraph 2 of this article applies: payment up to the time of cancellation. Failure to cancel on the last day of the month implies payment of the agreed monthly amount pro rata the number of days of the month have elapsed, plus other outstanding payments.Example: If, according to paragraph 2 of this article, notice of termination is given on 12 April, LyanneArt is entitled to payment of 12/30ths of the agreed monthly amount, plus other outstanding payments;
  4. photo products:
     100% of the agreed amount.

16.4. In case of termination of an agreement by LyanneArt, LyanneArt retains a claim to the following percentage of the agreed rate for the following services in addition to reimbursement of expenses already incurred by LyanneArt:

  1. wedding photography excluding photo album:
    – if the wedding was photographed: 40%
    -the selection of photos was made:50%
    – if the selection of photos was edited: 80%
  2. wedding photography including photo album:
     – if the wedding was photographed:40%
    – if the selection of photos was made: 50%
    – if the selection of photos was edited: 60%
    – if a draft photo album was presented digitally to Client: 80%
  3. wedding videography:
    – if the wedding was filmed: 40%
    – if the draft version of the video was delivered: 60%
    – if feedback was given by Client on the draft version: 70%
    – if feedback (where possible and if reasonable) was incorporated: 80%
    – if any feedback was given on the adjustments: 90%
  4. videography for Business client excluding feedback rounds (assignment without monthly payment):
    if the shoot has taken place: 40%
    – if the filmed material has been spotted: 70%
  5. videography for Business Client including feedback rounds (assignment without monthly payment):
    if the shoot has taken place: 40%
    – if the draft version of the video has been delivered: 60%
    – if feedback has been given by Client on the draft version: 70%
    – if the feedback has been incorporated (where possible and if reasonable): 80%
    – if any feedback has been given on the adjustments: 90%
  6. photography for Business customer (assignment without monthly payment):
    if the shoot has taken place: 40%
    – if the selection of photos has been made: 50%
    – if the selection of photos has been edited: 80%
  7. photography and/or videography for Business customer (assignment with monthly payment)
    payment until the notice period has expired. If paragraph 2 of this article applies: payment up to the time of cancellation. Failure to cancel on the last day of the month implies payment of the agreed monthly amount pro rata the number of days of the month have passed, plus other outstanding payments.Example: If, according to paragraph 2 of this article, notice of termination is given on 12 April, LyanneArt is entitled to payment of 12/30ths of the agreed monthly amount, plus other outstanding payments;

Dissolution

16.5. The parties may dissolve the contract if the other party fails to fulfil the contract, unless the failure, in view of its special nature or minor importance, does not justify such dissolution with its consequences. The defaulting party must first be given notice of default and a reasonable period to perform, unless performance is permanently or temporarily impossible.

16.6. LyanneArt always retains a claim to payment in accordance with paragraph 4 of this article in case of dissolution of an agreement by one of the Parties under the previous paragraph.

16.7. If the agreement is dissolved pursuant to Article 16.5, and Customer has already received performance in execution of the agreement at the time of dissolution, such performance shall not be subject to cancellation. Article 19.4 is hereby observed.

Damages

16.8. LyanneArt does not have to pay damages when it dissolves or terminates an agreement with Business Customer.

 

  1. Liability to Consumers

17.1. LyanneArt is only liable for damages attributable to LyanneArt.

17.2. LyanneArt is not liable for damages because it relied on incorrect, incomplete or unreliable information given by Consumer.

17.3. LyanneArt is not responsible and liable for colour deviations of photos on non-calibrated monitors.

17.4. LyanneArt is not responsible and liable for weather conditions during a photo shoot.

17.5. LyanneArt is not liable for printing errors by the external printer.

17.6. If LyanneArt is not contacted by the master of ceremonies, LyanneArt is not liable if she misses certain moments during the wedding to photograph/film that could only be known to her through contact with the master of ceremonies.

17.7. Any liability shall expire by the lapse of one year from the time the agreement has been terminated by completion, cancellation or dissolution.

 

  1. Liability to Business Customers

18.1. Article 17 also applies to Business Customers.

18.2. LyanneArt is only liable to Business Customer for damage suffered by Customer if such damage is caused by intentional or deliberate recklessness.

18.3. If LyanneArt is liable for any damage, it will only be liable to Business Customer for damage directly arising from or related to the agreement (“direct damage”). Direct damage means:

  1. reasonable costs to determine damage and liability, insofar as the determination relates to damage within the meaning of these General Terms and Conditions;
  2. reasonable costs incurred to have a defective performance by LyanneArt comply with the agreement insofar as they can be attributed to LyanneArt;
  3. reasonable costs incurred to prevent or limit damage, insofar as Customer demonstrates that these costs led to prevention or limitation of direct damage as referred to in this article.

18.4 LyanneArt is not liable to Business Customer for indirect damages, i.e. damages that are not in direct causal connection with an attributable shortcoming of LyanneArt. This includes, but is not limited to: consequential damages, lost profits or damages to third parties.

18.5. Business Customer indemnifies LyanneArt in respect of claims of third parties, who claim to have suffered damage due to or in connection with the work performed by LyanneArt on behalf of Business Customer.

18.6. If LyanneArt is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance. In the absence of a (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.

 

  1. Intellectual property rights

19.1. LyanneArt reserves, unless expressly agreed otherwise in writing, the rights and powers to which it is entitled under intellectual property law.

19.2. Customer is not allowed to reproduce, disclose or otherwise bring to the knowledge of third parties the photos/videos made by LyanneArt without prior written consent of LyanneArt, unless otherwise agreed or otherwise arising from the nature of the agreement.

19.3. The intellectual property rights vested in photos/videos created by LyanneArt remain with LyanneArt and are not transferred to Customer.

19.4. Drafts may never be reproduced or disclosed by Customer.

19.5. Photographs/videos taken by LyanneArt may only be used for the purposes agreed together in advance. If no purposes have been agreed upon, the following rules apply for the following types of shoots:

  1. photography/videography for Business client
    the photos/videos may only be used for social media. If the photos/videos were taken for the purpose of event promotion, they may be used to promote the event.
  2. wedding photography and/or videography
    the photos/videos may be disclosed and reproduced for personal use only. Personal use means that Customer may post the photos/videos on social media in his capacity as a Consumer, that Customer may share the photos with friends and family, and that Customer may make private copies (such as, for example, but this is not limited to private copies for photo albums, home decorations, prayer cards, gifts for family and friends). What is expressly not included in personal use is commercial use and showing the photos at exhibitions.

19.6. Photos/videos may not be adapted/edited or cropped. However, photos/videos may be cropped due to social media limitations or for placement in a newsletter/newspaper/magazine, provided the cropping does not deviate too much from the original.

19.7. The Customer is not allowed to transfer any intellectual property right or licence from an agreement concluded with LyanneArt to third parties, except if his entire business is transferred or when LyanneArt gives written permission. This also means that photos/videos may not be forwarded to suppliers without permission.

19.8. Unless the consequences are contrary to reasonableness and fairness, Customer is not allowed to use or further elaborate photos/videos/concepts created by LyanneArt without prior permission from LyanneArt, and the licence will expire:

  1. if Customer fails to fulfil its payment obligations or fails to do so in full or is otherwise in default;
  2. if the Assignment is terminated early as mentioned in article 12 or 16;
  3. in case of bankruptcy of Customer, unless the intellectual                         property rights have been fully transferred to Customer.

19.9. LyanneArt should be mentioned when Customer publishes LyanneArt’s photos/videos.

19.10. In case of copyright infringement, LyanneArt is entitled to compensation of the usual fee for such use, without losing the right to any damages.

19.11. LyanneArt retains the freedom, taking into account the interests of Customer, to use photos/videos taken by itself for its online portfolio (such as on social media and its own website), its offline portfolio, its own publicity, acquisition of assignments, and other ways of self-promotion, such as publishing and reproducing printed matter for self-promotion. The exception is when Customer expressly objects to this in advance.

 

  1. Complaints

20.1. Complaints about the (execution of the) agreement, must be submitted to LyanneArt within a reasonable time after Customer has discovered or reasonably should have discovered a defect, fully and clearly described.

20.2. If a defect is reported later than the deadline mentioned in the previous paragraph, Customer can no longer claim a price reduction, repair, replacement or dissolution of the agreement or compensation for damages.

20.3. LyanneArt answers complaints within a period of 14 days from the date of receipt of the complaint. If the complaint requires a longer processing time, LyanneArt will let Customer know within 14 days from receipt of the complaint when Customer can expect an answer.

20.4. Customer should give LyanneArt at least 4 weeks to resolve the complaint by mutual agreement.

20.5. Lodging a complaint does not suspend the payment obligation.

20.6. If Consumer is not satisfied with the proposed solution regarding a contract concluded online between Parties, Consumer may submit a complaint through the European Commission’s ODR platform.

 

  1. Other provisions

21.1. The legal relationship between LyanneArt and Customer is governed by Dutch law.

21.2 The parties shall only resort to court after they have made every effort to settle the dispute by mutual agreement.

21.3 At any time, LyanneArt is authorised to make changes to these terms, which will take effect at the announced time. LyanneArt will send the amended terms and conditions to Customer in a timely manner.

21.4. If no time of entry into force has been communicated to Customer, the amendments shall enter into force vis-à-vis Customer when he has been notified of the amendment.

21.5. In case of nullity or voidability of one or more of the provisions in these general terms and conditions, the remaining provisions shall remain in force.

21.6. In the event of nullity or nullification of a provision, the Parties shall consult with a view to agreeing new provisions to replace the void or nullified provisions, taking into account as much as possible the purpose and meaning of the void or nullified provisions.

 

Annex 1

 

Model withdrawal form

                                                                    

Complete and return this form only if you wish to revoke the agreement.

                                                    

To:
LyanneArt
Haadwei 21
9104BB Damwâld
info@lyanneart.com

                                                    

I/We (*) hereby inform (*) LyanneArt that I/We (*) revoke/revoke (*) our contract for the sale of the following goods/provision of the following service (*)

                                                    

Ordered on (*)/Received on (*)
                                                    

Name(s) of consumer(s)


Consumer address(es)

                    
          
                    

Signature of consumer(s)

[only when this form is submitted on paper]

                                                    

Date

                                                    

(*) Delete what does not apply.