Terms & Conditions Ron Giling, Photographer
Email: info@rongiling.com Website: www.rongiling.com
Definitions
- Ron Giling, Photographer, established in Arnhem under Chamber of Commerce number 09091315
- Customer: the person with whom Ron Giling, Photographer has entered into an agreement.
- Parties: Ron Giling, Photographer and Customer together.
Applicability of general terms and conditions
1. These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Ron Giling, Photographer.
2. The parties can only deviate from these terms and conditions if they have expressly agreed to this in writing.
3. The parties explicitly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.
Prices
1. All prices used by Ron Giling, Photographer are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
2. All prices that Ron Giling, Photographer uses for its products, on its website or otherwise made known, Ron Giling, Photographer can change at any time.
3. Increases in the cost prices of products or parts thereof, which Ron Giling, Photographer could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases.
4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
Payments and payment term
1. Ron Giling, Photographer may, upon entering into the agreement, require a down payment of up to 100% of the agreed amount.
2. If the parties agree to make payments afterwards, the customer will ensure that the total amount is paid within 7 days after delivery.
3. Payment terms are regarded as strict payment terms. This means that if the customer has not paid the agreed amount no later than on the last day of the payment term, he is legally in default and in default, without Ron Giling, Photographer having to send the customer a reminder or to declare him in default. .
4. Ron Giling, Photographer reserves the right to make a delivery conditional on immediate payment or to demand security for the total amount of the services or products.
Consequences of not paying on time
1. If the customer does not pay within the agreed term, Ron Giling, Photographer is entitled to charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the customer is in default, whereby part of a month is counted as a whole month.
2. When the customer is in default, he will also owe extrajudicial collection costs and any compensation to Ron Giling, Photographer.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. If the customer does not pay on time, Ron Giling, Photographer may suspend its obligations until the customer has fulfilled his payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of Ron Giling, Photographer against the customer are immediately due and payable.
6. If the customer refuses to cooperate with the execution of the agreement by Ron Giling, Photographer, he is still obliged to pay the agreed price to Ron Giling, Photographer.
Right of recovery
1. As soon as the customer is in default, Ron Giling, Photographer is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
2. Ron Giling, Photographer invokes the right of recovery by means of a written or electronic communication.
3. As soon as the customer has been informed of the invoked right of recovery, the customer must immediately return the products to which this right relates to Ron Giling, Photographer, unless the parties agree otherwise.
4. The costs for bringing back or returning the products will be borne by the customer.
Right of withdrawal
1. A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
2. the product has not been used and is undamaged.
3. it is not a product specially tailored or adapted for the consumer
4. the consumer has not waived his right of withdrawal
5. The reflection period of 14 days as referred to in paragraph 1 starts:
on the day after the consumer has received the last product of 1 order
6. The consumer can make his appeal to the right of withdrawal known via info@rongiling.com.
7. The consumer is obliged to return the product to Ron Giling, Photographer within 14 days after making known his right of withdrawal, failing which his right of withdrawal will lapse.
Reimbursement of delivery costs
1. If the consumer has exercised his right of withdrawal in time and as a result has returned the complete order to Ron Giling, Photographer in time, Ron Giling, Photographer will refund any shipping costs paid by the consumer within 14 days after receipt of the timely and complete refund the returned order to the consumer.
2. Delivery charges will be borne by Ron Giling, Photographer only if the entire order is returned.
Reimbursement of return costs
If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the entire order will be borne by the consumer.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Retention of title
1. Ron Giling, Photographer retains ownership of all products delivered until the customer has fully complied with all payment obligations to Ron Giling, Photographer under any contract with Ron Giling, Photographer, including claims for failure to comply.
2. Until then, Ron Giling, Photographer can invoke his retention of title and take back the goods.
3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
4. If Ron Giling, Photographer invokes his retention of title, the agreement is deemed to have been dissolved and Ron Giling, Photographer has the right to claim compensation, lost profit and interest.
Delivery
1. Delivery takes place while stocks last.
2. Delivery takes place at Ron Giling, Photographer, unless the parties have agreed otherwise.
3. Delivery of products ordered online will take place at the address indicated by the customer.
4. If the agreed amounts are not paid or not paid on time, Ron Giling, Photographer has the right to suspend his obligations until the agreed part has been paid.
5. Late payment constitutes creditors’ default, with the result that the customer cannot invoke a late delivery against Ron Giling, Photographer.
Delivery time
1. The delivery times specified by Ron Giling, Photographer are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
2. The delivery time commences when the customer has fully completed the (electronic) ordering process and has received (electronic) confirmation thereof from Ron Giling, Photographer.
3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless Ron Giling, Photographer cannot deliver within 14 days after being notified in writing or the parties have agreed otherwise.
Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place in time.
Transportation costs
Transport costs are for the account of the customer, unless the parties have agreed otherwise.
Packaging and shipping
1. If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which Ron Giling, Photographer cannot be held liable. held for any damage.
2. If the customer arranges for the transport of a product himself, he must report any visible damage to products or the packaging prior to transport to Ron Giling, Photographer, failing which Ron Giling, Photographer cannot be held liable for any damage .
Custody
1. If the customer does not purchase ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
2. Any additional costs as a result of premature or late purchase of products will be fully borne by the customer.
Guarantee
1. The warranty with regard to products only applies to defects caused by faulty manufacturing, construction or material.
2. The guarantee does not apply in the case of normal wear and tear and damage caused by accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the time when they are legally and/or actually delivered, or at least come under the control of the customer or of a third party who receives the product on behalf of the customer.
Disclaimer
The customer indemnifies Ron Giling, Photographer against all third party claims related to the products and/or services provided by Ron Giling, Photographer.
Complaints
1. The customer must examine a product or service provided by Ron Giling, Photographer as soon as possible for any shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Ron Giling, Photographer of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. The customer provides as detailed a description as possible of the shortcoming, so that Ron Giling, Photographer is able to respond adequately.
4. The customer must demonstrate that the complaint relates to an agreement between the parties.
Notice of default
1. The customer must make notice of default known in writing to Ron Giling, Photographer. It is the responsibility of the customer that a notice of default actually reaches Ron Giling, Photographer (in time).
Liability
1. If Ron Giling, Photographer is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
2. Ron Giling, Photographer is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
Expiry period
Any right of the customer to compensation from Ron Giling, Photographer expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code.
Right to dissolution
1. The customer has the right to dissolve the agreement if imputably fails to fulfill his obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
2. Ron Giling, Photographer has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill his obligations under the agreement, or if Ron Giling, Photographer has become aware of circumstances that give him good grounds to to fear that the customer will not be able to properly fulfill his obligations.
Force majeur
1. In addition to the provisions of article 6:75 Civil Code, a failure of Ron Giling, Photographer in the performance of any obligation to the customer cannot be attributed to Ron Giling, Photographer in any of Ron Giling’s will Giling, Photographer independent situation, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected from Ron Giling, Photographer.
2. If a force majeure situation occurs Ron Giling, Photographer cannot fulfill 1 or more obligations to the customer, then those obligations will be suspended until Ron Giling, Photographer can meet them again.
3. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
4. Ron Giling, Photographer does not owe any (damage) compensation in a situation of force majeure, even if it enjoys any advantage as a result of the force majeure situation.
Change of the agreement
1. If, after concluding the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
Change of general terms and conditions
1. Ron Giling, Photographer is entitled to change or supplement these terms and conditions.
2. Changes of minor importance can be made at any time.
3. Ron Giling, Photographer will discuss major substantive changes with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
1. Customer rights under an agreement between the parties may not be transferred to any third party without the prior written consent of Ron Giling, Photographer.
2. This provision applies as a clause with effect under property law as referred to in Section 3:83(2) of the Civil Code.
Consequences nullity or voidability
1. If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Ron Giling, Photographer had in mind when drawing up the conditions on that point.
Applicable law and competent court
1. Dutch law applies exclusively to every agreement between the parties.
2. The Dutch court in the district where Ron Giling, Photographer has its registered office / practice / office has exclusive jurisdiction to take cognizance of any disputes between the parties, unless the law prescribes otherwise.
Drafted on Februar 1, 2023.
Shipping and Delivery Policy
After placing your order, we will immediately get to work for you. Orders are shipped within 10 business days.
I have provided the wrong delivery address!
Accidentally entered the wrong delivery address? Then contact us as soon as possible. We will then try to change the order for you.
Contact
We do our utmost for you as a customer. This means that you can easily contact us. If you have any questions about one or the other, you can reach us at info@rongiling.nl
Complaints
It can always happen that something doesn’t go quite as planned. We recommend that you first make complaints known to us by emailing info@rongiling.nl
Payment Methods
You can pay for your order via Ideal.