General Conditions of AV Consulting , established in The Hague, the Netherlands
Version valid as of 1/12/2013
1.1 Vondeling Photography is a trademark exclusively owned by AV CONSULTING.
1.2 These terms and conditions apply to all offers of AV CONSULTING. The conditions are available for everyone and included on the website of Vondeling Photography. On request we can send you a written or digital copy.
1.3 By placing an order you acknowledge that you agree with the delivery and payment terms. AV CONSULTING reserves the right to change its terms and/or conditions after the expiry of the term
1.4 Unless specifically agreed in writing, the general or specific terms or conditions of third parties are not recognized by AV CONSULTING.
1.5 AV CONSULTING guarantees that the product meets the contract and meets the specifications listed in the offer.
2.1 Delivery takes place as long as offers, stocks or limited editions last
2.2 Under the rules of distance selling AV CONSULTING orders will be delivered within 30 days after receiving payment. If this is not possible due to out of stock, third party production issues or delays in transport or an order cannot or only partially be implemented, consumers will receive a notification within one month after placing. In that case he or she has the right to cancel the order, without penalty.
2.3 AV CONSULTING has fulfilled her delivery obligation as soon as products are presented by the courier to the delivery address. In case of dispute the courier proof is decisive. Refusal of acceptance by the customer or her representative will not in any way be a ground to cancel the sale.
2.4. Reclamations due to transport damaging will have to been done within 24 hours after acceptance. It is highly recommended to check the content immediately after delivery and if there are damages inform the courier representative immediately. Reclamations need to by e-mail with digital photographic proof of the damage. If AV CONSULTING honors the reclamation we will send a new copy without charge asap.
2.5 All terms mentioned on the website are indicative . Limits are therefore not legally binding.
3.1 Prices are not increased within the duration of the offer, unless legal action is necessary or secondary manufacturer price policies change.
3.2 All prices on the site are subject to misprints. For the consequences of misprints no liability is accepted.
3.3 All prices on the site are in Euros and include VAT.
- Withdrawal period
4.1 In accordance with the Dutch Law on distance selling (Article 7:5 BW), the buyer has the right to return the goods within a period of 7 days without giving a reason. This period begins at the time when the ordered goods are delivered. If after this period the delivered goods are not returned to AV CONSULTING, the purchase is a fact. The customer is obliged, before proceeding to return to notify AV CONSULTING in writing within the period of seven working days after delivery. The customer must prove that the goods have been returned, for example by means of a proof of postal delivery. Return of goods must be in original packaging (including accessories and documentation) and in new condition.
If the goods are used, encumbered or have been damaged in any way the right to terminate under this paragraph expires. With regard to what is stipulated in the preceding sentence AV CONSULTING shall ensure that within 30 days after receipt of the return, the full purchase price excluding the shipping cost will be refunded to the buyer. The return of the delivered goods is entirely at the expense and risk of the buyer.
4.2 The right of rescission, as described in the preceding paragraph shall apply only to the goods and shall in no way relates to services, such as travel, insurance, product advise, workshops or training offered by AV CONSULTING. On the latter services, where either AV CONSULTING acts as an intermediary or agent or independent advisor , the terms of the end suppliers apply.
4.3 The right of withdrawal does not apply to:
- services where performance , with the consent of the consumer
has begun for the period of seven working days
- goods or services whose price depends on fluctuations in the financial market , in which the supplier has no influence
- goods made to the consumer’s specifications, including customized or clearly of personalized character
- for goods or services that cannot be returned because of their nature, for example due hygiene or that spoil or age audio and video recordings and computer software of which the consumer has broken the seal
- the supply of newspapers and magazines to gaming and lotteries
5 . Data management
5.1 If you place an order at AV CONSULTING, your data will be included in the customer base of AV CONSULTING. AV CONSULTING adheres to the Data Protection Act and will not provide your information to third parties.
5.2 AV CONSULTING respects the privacy of the users of the website and ensures confidentiality of your personal information.
5.3 AV CONSULTING sometimes makes use of a mailing list . Each mailing includes instructions on how to remove yourself from this list
6.1 AV CONSULTING warrants that its products meet the requirements of usability, reliability and durability as intended by the parties to the contract reasonably and therefore is responsible for the manufacturer of the product delivered to you .
6.2 The warranty AV CONSULTING matches the manufacturer’s warranty period. AV CONSULTING is never responsible for the ultimate suitability of the goods or advise for each individual application by the customer, nor for any advice regarding the use or application of the goods or advise.
6.3 The customer is obliged to check the goods, immediately upon receipt. If it appears that the delivered item is incorrect, inadequate or incomplete, then the customer (before proceeding to return to AV CONSULTING) should report these defects within 24 hours in digital writing to AV Consulting. Failing to report in writing will mean the warranty rights expire.
Return of goods must be in original packaging (including accessories and documentation) and in new condition. Initial operation after detection of failure, damage occurring after detection of failure, encumbrance and/or sale after detection of failure, does the right to complain and return void .
6.4 If the customer complaints are justified, AV CONSULTING either replaces the original product free of charge or reaches an agreement with the customer to compensate the damage. This is to the sole discretion of AV CONSULTING. In case of compensation this is limited to the maximum of the invoice amount of the relevant goods. Any liability of AV CONSULTING for any other form of damage is excluded, including additional compensation in any form whatsoever, indirect or consequential damages or damages for lost profits or personal damage.
6.5 AV CONSULTING is not liable for damage caused intentionally or equivalent deliberate recklessness of non-managerial staff or third party employees.
6.6 This warranty does not apply if :
- A) as long as the purchaser is in default against AV CONSULTING
- B) the customer has repaired and/or modified and/or edited the goods themselves or by third parties.
- C) delivered or exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of AV CONSULTING
D ) if the defects where in whole or in part due to regulations that government(s) has set or will make regarding the nature or quality of the materials used;
7.1 Offers are free, unless otherwise stated in the offer.
7.2 Upon acceptance of an offer by the buyer , AV CONSULTING reserves the right to deviate of that offer within 3 working days after receipt of acceptance.
7.3 Verbal agreements by AV CONSULTING are only valid if confirmed in writing.
7.4 Offers of AV CONSULTING do not automatically apply to repeat orders.
7.5 AV CONSULTING cannot be held responsible if the customer should have understood that the offer or any part there of, is an obvious mistake or error.
7.6 Additions, alterations and/or further agreements are only valid if agreed in writing.
8.1 An agreement between a client and AV CONSULTING is established after feasibility is assessed and accepted by AV CONSULTING. A verbal order can be seen as an agreement
8.2 AV CONSULTING reserves the right, without giving any reason not to accept or accept the condition that only orders or contracts the shipment takes place on delivery or prepayment.
- Images and specifications
9.1 All illustrations, photographs, drawings, etc. eg data concerning weight, dimensions, colors, graphics, labels , etc. on the website of AV CONSULTING are only approximate and indicative and may not lead to damages or rescission of the contract. Please note that especially with printing of digitally presented images a colour variation might occur
- Force Majeure
10.1 AV CONSULTING is not liable if and when she cannot be fulfilled due to force majeure.
10.2 Force majeure means any strange reason and any circumstance which cannot reasonably be held responsible for her. Risk Delay or failure by our suppliers, disruptions in the Internet, disruptions in the electricity failures in e-mail traffic and disturbances or changes in third party technology , transport difficulties, strikes , government measures , delays in supply , omissions of suppliers and / or manufacturers of AV CONSULTING as well as from individuals , disease, defects in or shipment shall explicitly as force majeure .
10.3 AV CONSULTING reserves in case of force majeure the right to suspend its obligations and is entitled to dissolve the agreement in whole or in part, or to claim that the content of the agreement is amended so that execution can continue. In no event shall AV CONSULTING obliged to pay or accept any penalty for damages
10.4 If AV CONSULTING on its obligations, partially at the time the force majeure or its obligations may meet only partially entitled already delivered or to invoice the deliverable part separately and the buyer is obliged to pay if it were this invoice a separate contract. This does not apply if already delivered or deliverable part has no independent value.
11.1 AV CONSULTING is not liable for damage to vehicles or other objects arise from improper use of the products or photographic equipment owned by the client. Personal damage or injuries that occur during workshops or photo travels are at al times at the risk of the client
- Retention of title/copyright
12.1 Copyright and ownership of all products sold and delivered to the customer remains with AV CONSULTING. The buyer is in no way allowed to resell, alter or use the products without written consent of AV CONSULTING.
12.2 As long as the buyer has a dispute with AV CONSULTING or vice versa bought and delivered products cannot be displayed or used in any form. This includes the dispute time, claims in respect to penalties, interest and costs. As defined in the Dutch legal article 3 : 92 BW .
12.2 The goods delivered by AV CONSULTING falling under the retention of title may only be sold in the course of normal business activities and must never be used as payment.
12.3 The customer is not entitled to pledge the goods subject to retention of title or encumber otherwise
12.4 The customer gives unconditional and irrevocable consent, access and co-operation to AV CONSULTING or a third party to be established by AV CONSULTING, in all cases where AV CONSULTING wishes to exercise her ownership rights. This on all sites, locations where AV CONSULTING’s property is used.
12.5 If third parties seize goods delivered subject to retention of title or rights to establish or exercise, the customer is obliged AV CONSULTING as reasonably may be on them to inform. Expect so soon
12.6 The purchaser is obliged to insure the goods delivered under retention of title against fire, explosion and water as well as to AV CONSULTING. Against theft and make this insurance policy available on request for inspection ensured
12.7 Violation of AV CONSULTING’s copyright in any form (for instance commercial use and re-selling of AV CONSULTING’s property) will immediately give a USD 15.000,= penalty per offense. Claims not to pay will have to be submitted to a Dutch court.
- Applicable law / jurisdiction
13.1 All agreements are subject to Dutch law.
13.2 Disputes arising from an agreement between the AV CONSULTING and copper, which cannot be resolved by mutual agreement, the competent court within the district of the Hague knowledge unless AV CONSULTING prefer to give the case to the competent court of the domicile of the purchaser, with the exception of those disputes that fall under the jurisdiction of a magistrate .