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Privacy, Terms and Conditions

Privacy Policy and General Data Protection Regulation (GDPR)

We have simplified our Privacy Policy to provide complete transparency regard the data we collect, store and process through this website. Details can be found below. Please contact us if you have any questions or require and further clarification.

 

Google Analytics

We use Google Analytics to capture anonymous data about visitors to our website, including the pages visitors look at while on the website. Google Analytics stores a small text file on your computer, called a Cookie, to track the pages on this site that you view. Many websites use Google Analytics and no personal data is stored.

 

Invoicing

To invoice customers for products or services that we provide, we will collect and store personal data, including name and address. This data is collected and stored securely using encryption. Dutch tax and accounting laws require this information to be kept.

 

Contacting Us

If you complete a contact or inquiry form on our website, then this information will be collected and stored securely using encryption. We will only collect and store this data for the purpose of replying to your message / inquiry.

 

Order Fulfilment

We work with third parties to fulfill orders for products and services. We may share your personal data with select third parties strictly only to fulfill your order (e.g. delivery companies). Any third parties we use are in the EU and will comply with the General Data Protection Regulation (GDPR).

 

We Never Sell Your Data

We do not sell or pass your data onto third parties for marketing, ever.

 

Consents

We will seek your consent to process your personal data. Were you submit an online order, a contact form or a Subject Access Request(SAR), you are consenting to us processing your request.

 

Right to Erasure

Upon request, we will delete any personal data that we hold about you. This does not include personal data that we are required to retain by law, including for tax and accounting purposes.

 

Data Portability

Upon request, we will supply you with a copy of the data we hold about you. You can request a copy of the data we hold about you by contacting us via e-mail. We will need to confirm you identify to fulfill this request.

 

Terms and Conditions

The following TERMS AND CONDITIONS are those in effect as of this date, and are subject to change at any time without notice at the sole discretion of the Site owner and operator. The Site owner and operator is under no obligation to inform you of any change to these Terms and Conditions, and by utilizing and/or purchasing any product provided on this Site, you agree to visit the Site regularly for updates to these Terms and Conditions.

 

Agreement to Terms of Use

Please review all terms and conditions set forth herein, as these Terms and Conditions shall apply to your use of this site, any related site listed herein (hereinafter collectively referred to as the “Sites”), and any products purchased on the Sites. By utilizing and/or purchase from any of the Sites, you expressly agree to any and all Terms and Conditions set forth herein. As stated above, we reserve the right to modify the content of these Terms and Conditions at any time without any sort of notice, and it is your responsibility to check this page periodically for any such changes. By utilizing any of the Sites subsequent to a change to the Terms and Conditions, you thereby agree to accept and be bound by any such changes to the Terms and Conditions, regardless of whether you have actually read and/or otherwise reviewed said changes. If, at any time, you determine that you are not willing to be bound by the Terms and Conditions set forth herein, then you shall relinquish any rights that you may have to the use of the Sites and any products purchased therefrom, and agree to no longer utilize any of the Sites.

 

Scope of Terms of Use

FotoDelray.com is an affiliate of FotoDelray (KvK #55129765), which in turn owns and operates several related websites. These Terms and Conditions shall apply not only to fotodelray.com, but to all websites owned and operated by FotoDelray, which include but are not necessarily limited to the following:

www.fotodelray.com

www.profilestudio.nl

Additionally, these Terms and Conditions shall apply to any social media account owned and operated by FotoDelray, including but not limited to any account on Facebook, Linkedin, Twitter, Instagram, Pinterest or the like.

 

These Terms and Conditions shall also apply to any site that FotoDelray may have owned or operated at some previous time, or that FotoDelray either currently owns and operated but has not listed herein, or that FotoDelray owns and operates at a future date. Unless otherwise provided, all references to the Sites shall be to any and all sites referenced in this section of the Terms and Conditions, but shall not apply to any Third Party Sites (discussed below).

 

Links to Third Party Sites

On occasion, the Sites will provide links to third party sites (hereinafter referred to as the “Third Party Sites”) for reference or referral purposes. On such occasions, these Terms and Conditions shall apply only to the Sites, and expressly do not apply to the Third Party Sites. FotoDelray has no official affiliation with the Third Party Sites, and therefore has no control over the terms and conditions that will apply to the Third Party Sites. As such, it is your responsibility to review the Third Party Sites for their applicable terms and conditions.

 

Additionally, FotoDelray does not endorse or take any responsibility for the content or products provided on the Third Party Sites. Consistent therewith, you hereby agree to hold FotoDelray harmless with respect to your use of the Third Party Sites, despite any link thereto provided on the Sites.

 

Confidentiality

By utilizing the content or purchasing the products contained on the Sites, you expressly acknowledge that such information is confidential, and agree not to disclose any such information to any third party.

 

Intellectual Property/Single Use License

All content contained in and all products sold on the Sites are the intellectual property of FotoDelray. As such, any such content and/or products are being provided to you for your individual use and as a single-use license. No license to sell or otherwise distribute FotoDelray’s intellectual property is express or implied. You are not authorized nor permitted to utilize any such content and/or products on your sites without express permissions from FotoDelray. By utilizing the content and/or purchasing the products contained on the Sites, you expressly agree (1) not infringe on or otherwise violate FotoDelray’s intellectual property, (2) to ensure that any confidential information disclosed to you by FotoDelray remains confidential, and (3) not to disclose any information provided to you by FotoDelray to any third party. In the event that you violate any provisions of this section of the Terms and Conditions, you agree that FotoDelray will be entitled to injunctive relief against you in relation to such violations.

 

 

Scope of Business Relationship

By utilizing the content and/or purchasing the products contained on the Sites, you expressly agree that each party is an independent contractor in its performance of such services, and nothing contained herein shall render such relationship a partnership, joint venture, or the like. Under no circumstances shall FotoDelray be deemed your employee, or vice versa.

 

Refund Policy

Since FotoDelray provides non-tangible irrevocable goods and services, we do not issue refunds once the session or event is booked. If you need to reschedule your portrait session, please let FotoDelray know ASAP to see if you can move your session fee to cover a different day or time. You may risk losing your booking fee if your date has been in high demand or if you do not reschedule.

 

Upon booking your wedding or event, FotoDelray will reserve the time agreed upon and will not make another reservation for the specific time frame. For this reason, all payments are non-refundable even if the date is changed or if the wedding becomes cancelled for any reason.

 

However, we realize that exceptional circumstance can take place. Therefore, we DO honor requests for the refund on the following reasons:

  • Non-delivery of the product: in the unlikely event that the photographer is injured or becomes too ill to photograph a booked wedding or other event, the photographer will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package.
  • The photographer takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond the photographer’s control, photographer’s liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.

 

 

Force Majeure

In the event that any cause beyond the control of the parties (including, but not necessarily limited to, an act God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, Travel advices Dutch Ministry of Foreign Affairs, etc.) make it inadvisable, illegal or impossible for either party to perform its obligations under this Agreement, that party’s performance shall be extended (but not excused) without liability for the period of delay.

 

 

Severability/Waiver

If any provision of these Terms and Conditions are deemed to be invalid or otherwise unenforceable, the remaining terms of the Terms and Conditions shall remain in full force and effect. Additionally, the failure of FotoDelray to exercise any right contained herein will not be deemed a waiver of that right or any further right hereunder.

 

 

Limitation of Liability

You agree that you have utilized the Sites and products contained thereon at your own risk, and under no circumstances will FotoDelray or any of its subsidiaries be liable to you for any damages (actual, special or consequential) that result from your use of the materials or information on the Sites, or any of the products provided on the Sites. In the event that such a limitation of liability is precluded by law, you expressly agree that any damages you have against FotoDelray will be limited to the amount that you paid FotoDelray in connection with the Sites and products contained thereon.

 

 

Non-Disparagement

In the event of a dispute over the content or products provided on the Sites, you agree that you will not engage in any conduct or communication with a third party, public or private, aimed at disparaging FotoDelray. This includes, but is not limited, refraining from making any sort of communication that may be viewed by a third party that can be construed as derogatory or critical in any manner of FotoDelray.

 

 

Assignment

You may not assign your rights to utilize the content or products contained on the Sites without the express written consent of FotoDelray.

 

Modification

FotoDelray may modify these Terms and Conditions at any time, without notice.

 

 

Indemnification

By utilizing the content or purchasing the products contained on the Sites, you agree, for yourself, your marital communities and/or spouses (if any), your respective heirs, successors, personal representatives, administrators, executors, assigns, receivers, partners, employees, agents, attorneys, subsidiaries, parent companies, shareholders, officers, directors, and accountants, to indemnify and hold harmless FotoDelray, and their respective heirs, successors, personal representatives, administrators, executors, assigns, receivers, partners, employees, agents, attorneys, subsidiaries, parent companies, shareholders, officers, directors and accountants, and each of them, and anyone chargeable on their behalf, against any and all causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, controversies, agreements, promises, variances, injuries, damages, costs, expenses, attorney’s fees, judgments, executions, obligations, claims, and demands whatsoever from the beginning of time to the date of this Agreement arising from or relating to your use of said content and or products from the Sites.

 

 

Dispute Resolution

If not resolved first via good faith negotiations, every controversy or dispute with FotoDelray relating to the content and/or products on the Sites must be submitted to Arbitration and Mediation Centers in Europe. All claims against FotoDelray must be lodged within one hundred (100) days of the date of the first claim or otherwise be waived. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The written decision of the arbitrator will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced by any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances, you will be responsible for any and all arbitration costs and attorneys’ fees incurred by FotoDelray.

 

 

Notices

Any notice, demand, or communication required or permitted to be given by any provision of these Terms and Conditions will be deemed to have been given and received (a) when delivered personally to the Party designated to receive such notice, or (b) on the first (1st) business day following delivery to a nationally recognized overnight courier service, specifying next day delivery, or (c) on the third (3rd) day after the same is sent by certified mail, postage and charges prepaid. Any notice, demand, or communication directed to FotoDelray, shall be sent to:

FotoDelray

Nataliya Volosovych

Schieweg 93, Ste. 2.22, 2627 AT Delft

The Netherlands

 

 

Refusal of Services

FotoDelray reserves the right to refuse service to any person or entity without reason, including but limited restricting access to the Sites and refusing to sell products contained on the Sites.

 

 

Effect of Headings

The headings or captions of these Terms and Conditions are for convenience and reference only and do not control or effect the meaning or construction of any of the provisions hereof.

 

 

Governing Law

These Terms and Conditions shall be construed and interpreted in accordance with the laws of the Netherlands.

 

 

Scope of Use of Site Content

FotoDelray owns the content contained on the Sites. Accordingly, you are permitted to do the following with respect to any information contained on the Sites, without need to obtain prior permission:

• Link to the Sites or any specific post on the sites.
• Extract any portion of a post on the Sites, provided that you cite the appropriate Site and provide a link to that Site.
• Print and distribute portions of the Sites for internal distribution within your company.
• Print any information from the Sites in any non-commercial publication, provided you cite the source of the information and provided information for accessing the source of the information.

 

If you wish to utilize the content of the Sites in any other manner, you must first obtain the express written consent of FotoDelray. In order to request such consent, please consent, please contact nataliya@fotodelray.com.

 

Text of the terms and conditions was partially taken from https://www.amyandjordan.com/terms