Terms and Conditions – Visuals by Arnau
Company Details:
Visuals by Arnau
Chamber of Commerce (KVK) number: 42038997
Sole proprietorship (Eenmanszaak)
Tel: +31 6 589 272 48
Email: arnau@rosenkamp.eu
VAT identification number: NL005448614B24
Branch number (Vestigingsnummer): 000065420004
Address: Korreweg 85 b, 9714AD Groningen, The Netherlands
1. Definitions
In these Terms and Conditions, the following definitions apply:
Visuals by Arnau: the sole proprietorship acting as the contractor for photography, videography, and graphic design.
Client: the natural person or legal entity entering into an agreement with Visuals by Arnau.
Consumer: the natural person who is not acting in the exercise of a profession or business.
2. Applicability
2.1 These Terms and Conditions apply to all offers, agreements, and deliveries made by Visuals by Arnau.
2.2 Deviations from these Terms and Conditions shall only be valid if they have been expressly agreed upon in writing.
2.3 Any general terms and conditions of the Client are explicitly rejected.
3. Offers and Formation of the Agreement
3.1 All offers made by Visuals by Arnau are non-binding unless stated otherwise.
3.2 An agreement is formed only after written or digital confirmation by Visuals by Arnau.
3.3 Amendments or changes to the assignment are only binding after written confirmation.
4. Execution of the Assignment
4.1 Visuals by Arnau shall execute the assignment to the best of its knowledge and ability, and in accordance with the requirements of good workmanship.
4.2 Visuals by Arnau has the right to have certain activities performed by third parties, without prejudice to the provisions of article 7.4.
4.3 The Client shall ensure the timely delivery of all necessary information and materials, and shall inform Visuals by Arnau of any specific house rules of the location in advance.
5. Delivery, Revisions, Complaints, and Storage
5.1 All delivery terms stated by Visuals by Arnau are indicative and shall never be considered strict deadlines (fatale termijnen).
5.2 Visuals by Arnau executes the assignment based on its own artistic insight, style, and creative freedom. If the Client is dissatisfied with the creative execution, the Client is entitled to a maximum of one (1) revision round in which adjustments can be requested, unless explicitly agreed otherwise in writing beforehand.
5.3 Any complaints or requests for adjustments must be submitted to Visuals by Arnau in writing and specified within ten (10) days after the (digital) delivery of the photos, videos, or designs. After this period, or after final approval by the Client, the delivered work is considered fully accepted, and Visuals by Arnau can no longer be held responsible for any errors or deficiencies.
5.4 Visuals by Arnau undertakes to store the final delivered, edited files for a maximum period of one (1) year after the delivery date. After this period, Visuals by Arnau is no longer responsible for storing, archiving, or reproducing the images.
6. Rates and Payment
6.1 All stated prices are exclusive of VAT (btw) unless explicitly stated otherwise. If an offer is made to a Consumer, prices will be displayed including VAT.
6.2 Unless agreed otherwise, additional costs such as parking fees, location rental fees, travel and accommodation expenses, and specific material costs are not included in the price and will be charged to the Client.
6.3 Invoices must be paid by commercial Clients within 14 days of the invoice date. For Consumers, a payment period of 14 days after receipt of the invoice applies.
6.4 In the event of late payment, a commercial Client shall be in default by operation of law and statutory commercial interest shall be due. In the case of a Consumer, default only occurs after they have been sent a written notice of default and have been given a cost-free period of 14 days to make the payment. After this period has expired, the Consumer owes statutory interest and extrajudicial collection costs.
6.5 All judicial and extrajudicial collection costs (buitengerechtelijke incassokosten) shall be borne by the Client, in accordance with the statutory scale of extrajudicial collection costs (BIK) for Consumers.
7. Cancellation, Rescheduling, and Force Majeure
7.1 Cancellation or rescheduling of an assignment must be done in writing unless agreed otherwise.
7.2 In the event of cancellation within 48 hours before the start of the work, Visuals by Arnau may charge up to 50% of the agreed amount, unless agreed otherwise in advance.
7.3 If the Client wishes to reschedule the shoot due to weather conditions, Visuals by Arnau and the Client shall decide in mutual consultation whether the shoot can proceed. This applies solely as long as the situation does not endanger the safety and health of Visuals by Arnau and its equipment and electronics. The Client is obliged to provide a clear, dry, and secure location where Visuals by Arnau can store its equipment and electronics without being required to continuously monitor it. If the Client wishes to reschedule the shoot within 48 hours before the start, Visuals by Arnau may charge 50% of the invoice amount.
7.4 Backup/Replacement Clause: If Visuals by Arnau is unable to execute the assignment due to illness, an accident, or any other serious impediment, Visuals by Arnau will make every reasonable effort to arrange an equivalent replacement. If, despite these efforts, it proves impossible to find a replacement, the agreement will be dissolved, and the Client will receive a full refund of any amounts already paid or prepaid for the assignment. In this case, Visuals by Arnau cannot be held liable for any further consequential damage claims or additional costs incurred by the Client.
7.5 Visuals by Arnau has the right to suspend the execution of the agreement in the event of a payment arrear.
8. Liability
8.1 Visuals by Arnau is solely liable for direct damages caused by intent (opzet) or gross negligence (grove nalatigheid).
8.2 Liability is at all times limited to a maximum of the invoice amount of the assignment in question.
8.3 Visuals by Arnau is not liable for indirect damages, consequential damages, lost profits, or the loss of digital material due to technical failure beyond the control of Visuals by Arnau (such as defective SD cards or hard drives).
9. Intellectual Property and Usage Rights
9.1 All photos, designs, corporate identities, logos, and other creative works produced by Visuals by Arnau remain the property of Visuals by Arnau unless expressly agreed otherwise in writing.
9.2 The digital RAW files (and unedited source files) remain the property of Visuals by Arnau at all times and will not be delivered to the Client, unless explicitly agreed otherwise in writing in advance.
9.3 The Client obtains solely a non-exclusive and non-transferable right of use (gebruiksrecht) for the delivered, edited work. This right of use only takes effect after full payment of the invoice.
9.4 Without prior written consent, the Client is not permitted to reuse, resell, edit, or use the work for purposes other than those agreed upon. The Client is explicitly prohibited from independently modifying, cropping, or applying filters to the photos or designs.
9.5 Additional rates may apply for commercial use, large national advertising campaigns, or a full transfer of copyrights.
9.6 In the event of copyright infringement by a commercial Client, the Client shall owe an immediately payable fee of at least three times the usual licensing fee, without prejudice to the right of Visuals by Arnau to claim additional damages. In the event of an infringement by a Consumer, Visuals by Arnau is entitled to full compensation for the actual damages suffered (including lost licensing fees and compensation for the lack of attribution).
10. Rights of Publicity (Portretrecht) and Indemnification
10.1 The Client bears full responsibility for obtaining the necessary consents (rights of publicity / portretrecht) from all persons who are captured in the images or videos by Visuals by Arnau during the execution of the assignment.
10.2 The Client explicitly indemnifies Visuals by Arnau against all claims and demands of third parties (such as guests, extras, or employees) regarding the violation of rights of publicity or privacy surrounding the captured images.
10.3 If minors are captured in the images, the Client explicitly declares that they possess the legal consent of the parents or legal guardians.
11. Credit (Naamsvermelding) and Promotion
11.1 Visuals by Arnau retains the right to use the delivered work for its own promotional purposes, portfolio, website, and social media, unless agreed otherwise in writing.
11.2 Attribution/credit to Visuals by Arnau is mandatory upon publication of the work (for example, on social media or websites) unless agreed otherwise in writing.
12. Privacy
12.1 Visuals by Arnau processes personal data in accordance with applicable privacy legislation (GDPR / AVG).
12.2 Personal data will solely be used for the execution of the agreement.
13. Right of Withdrawal (Solely for Consumers)
13.1 If a distance agreement or an off-premises agreement (e.g., online or by phone) is concluded with a Consumer, the Consumer has the statutory right to a withdrawal period of 14 days to dissolve the agreement without giving reasons.
13.2 The withdrawal period starts on the day the agreement is concluded.
13.3 The right of withdrawal is excluded for:
The delivery of goods manufactured according to the Consumer's specifications (customized work/graphic design).
Services where the execution has begun with the explicit consent of the Consumer within the 14-day withdrawal period, whereby the Consumer has declared to waive their right of withdrawal once Visuals by Arnau has fully executed the service.
13.4 If the Consumer exercises their right of withdrawal after explicitly requesting that the performance of the service begin during the withdrawal period, but before the assignment is fully executed, the Consumer shall owe Visuals by Arnau an amount proportional to what has been performed up to the moment of withdrawal. If this withdrawal/cancellation occurs within 48 hours before the start of the work, the cancellation fees as specified in articles 7.2 and 7.3 shall apply fully.
14. Applicable Law and Disputes
14.1 All agreements between Visuals by Arnau and the Client shall be governed by Dutch law.
14.2 Disputes shall be submitted exclusively to the competent court in the district where Visuals by Arnau is established.