GENERAL TERMS AND CONDITIONS
Definitions
1. Minh Dan Vu Fotografie: Minh Dan Vu Fotografie, established in Lelystad, Chamber of Commerce no. 78500389.
2. Customer: the person with whom Minh Dan Vu Fotografie has entered into an agreement.
3. Parties: Minh Dan Vu Fotografie and customer.
Applicability
1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Minh Dan Vu Fotografie.
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The customer automatically agrees with these general terms and conditions when entering an agreement with Minh Dan Vu Fotografie. Any objections against these terms must be communicated in writing, before entering the agreement.
Changes
1. These terms and conditions may be amended by Minh Dan Vu Fotografie at any time.
2. The customer will be informed in a timely manner if any substantive changes take place during the term of the agreement. Minor changes of minor importance do not require prior notification.
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P R O D U C T S
Delivery
1. Any delivery period specified by Minh Dan Vu Fotografie is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Minh Dan Vu Fotografie.
3. Delivery takes place while stocks last.
4. Delivery of products ordered online takes place at the address indicated by the customer.
5. If the agreed price is not paid on time, Minh Dan Vu Fotografie has the right to suspend its obligations until the agreed price is fully paid.
6. In the event of late payment, the customer is automatically in default, and hereby he can not object to late delivery by Minh Dan Vu Fotografie.
7. The customer must ensure that delivery of the ordered items can take place on time.
8. Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.
Return policy
1. Products that are made personally for the customer have no right of withdrawal. The customer will be informed timely if the customer does not have the right of withdrawal.
2. The customer has a right of withdrawal within 14 days for not personally made products. The customer can make his appeal to this right by emailing to info@minhdanvu.nl
3. The customer is obliged to return the product to Minh Dan vu Fotografie within 14 days of making his right of withdrawal known, failing which his right of withdrawal shall expire. Return costs are for the account of the customer.
Defects
1. If the packaging of a delivered product has been opened or damaged, the customer shall, before taking delivery of the product, have the carrier or delivery person make a note of this, failing which Minh Dan Vu Fotografie shall not be held liable for any damage.
2. If the product turns out to be damaged before delivery, the customer must let this know within 7 days. The customer must make it plausible that this damage is not the consequence of his own actions. These defects are for accountability of Minh Dan Vu Fotografie. The customer will receive a replacement product.
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O N L I N E C O U R S E
Sign up
1. The participant can sign up through the contact form or by emailing to info@minhdanvu.com
2. When signing up, the participant must pay the full amount to access the course.
Right to withdraw
1. A customer has the right to withdraw within 14 days after the course has started.
2. If the customer wishes to use this right, the customer must contact Minh Dan Vu Fotografie.
3. If the course has not started, the customer will receive a total refund. Otherwise the customer will be refunded for the part of the course which the customer has not received.
4. Minh Dan Vu does not guarantee a certain uptime of the website. Certain content can be down for short amounts of time. The customer is not eligible for refund when this happens.
Secrecy
1. All workshop materials and additional documentation are protected by copyright and may not be copied, reproduced and/or published. Making image recordings of (part of) a workshop or course material is not permitted. The participant is prohibited to give course material, workshop, training or training material, to which rights as referred to above belong to Minh Dan Vu Fotografie, to third parties.
2. Participants of the online course are not allowed to use the information given by Minh Dan Vu Fotografie during the online course to offer similar workshops to third parties within 1 year after the workshop. If the participant happens to do so, the participant must pay a compensation to Minh Dan Vu Fotografie.
The course
1. Accounts used for the course are personal and must not be shared with third parties.
2. Minh Dan Vu Fotografie can not be held responsible if the course is temporarily not available due to downtime of the website.
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Complaints
1. Complaints should be reported in writing as soon as possible. The photographer has the right to deliver good work for rejected work.
2. The photo shoot and products are made personally for the customer. It is in no way possible to demand a refund. In case of dissatisfaction a new appointment can be made. This is only possible within 7 days of receiving the photos.
3. If a complaint relates to ongoing work, this can in any case not lead to Minh Dan Vu Fotografie being forced to perform other work than has been agreed.
4. Complaints regarding the photo tour, courses or workshops must be reported in writing. Minh Dan Vu Fotografie and the customer will seek a fitting solution together.
5. Submitting a complaint does not affect the obligation to pay.
Liability
1. The customer is responsible for himself and his property during all services from Minh Dan Vu Fotografie. Minh Dan Vu Fotografie is in no way responsible for any damage to the customer, his property or others, unless the damage is the result of the intention or recklessness of Minh Dan Vu Fotografie.
2. Minh Dan Vu Fotografie is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
3. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and can not lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
4. Every right of the customer to compensation from Minh Dan Vu Fotografie shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.
Unforeseen circumstances
1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Minh Dan Vu Fotografie in the fulfillment of any obligation to the customer cannot be attributed to Minh Dan Vu Fotografie in any situation independent of the will of Minh Dan Vu Fotografie, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Minh Dan Vu Fotografie.
2. The situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency, defaults and unforeseen circumstances, delivery men or other third parties; internet, computer or telecoms; computer viruses, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If unforeseen circumstances arise as a result of which Minh Dan Vu Fotografie cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Minh Dan Vu Fotografie can comply with it.
4. From the moment that the circumstances have lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. Minh Dan Vu Fotografie does not owe any (damage) compensation in a situation as meant in this article, unless the Dutch law prescribes otherwise.
6. When the customer is unable to meet his obligations, Minh Dan Vu Fotografie is allowed to suspend her obligations until the customer can meet his obligations, unless the nature and minor significance of the shortcoming does not justify suspension.
7. If it is not possible to meet the obligations within a reasonable amount of time, the parties can dissolve the agreement. The situation before the agreement will be restored as far as possible.
Applicable law and competent court
1. Dutch law is exclusively applicable to all agreements between the parties.
2. In the case of a conflict, the judge established in the Netherlands will be competent, unless the law requires otherwise
2. The Dutch court in the district where Minh Dan Vu Fotografie is established is exclusively competent in case of any conflicts between parties, unless the law requires otherwise.