General terms and conditions

Article 1. Definitions

In these general terms and conditions, the following definitions apply:

Quotation: any offer made by the photographer to (legal) persons with a view to entering into an agreement.
Agreement: the contract for services between the Photographer and the Client.
Assignment: the service or product to be delivered by the photographer.
Photographer: Flavio Moretti, who is also the user of these general terms and conditions and the contractor.
Client: the (legal) person or persons with whom the photographer has entered into the agreement, who is also the party accepting these general terms and conditions.
Cancellation: termination or rescission of the agreement.
In writing: electronic communication such as email, provided that the identity of the sender and the authenticity of the communication are sufficiently established.
Use: reproduction and/or publication within the meaning of the Dutch Copyright Act 1912 (Auteurswet 1912).

Article 2. Applicability

These general terms and conditions apply to all legal relationships between the photographer and the client, as well as to all quotations, offers and agreements.

Provisions or conditions set by the client that deviate from, or do not appear in, these general terms and conditions are only binding on the photographer if and insofar as the photographer has expressly accepted them in writing.

Article 3. Acceptance of the assignment

The client must accept the offer explicitly and in writing. If the client fails to do so but nevertheless agrees, or at least gives the impression of agreeing, that the photographer carries out work under the agreement, the offer shall be deemed to have been accepted.

The photographer reserves the right to refuse an assignment if, after acceptance, new information becomes available that makes performing it unacceptable for the photographer.

After acceptance, the agreement can only be amended by mutual consent. In that case, the photographer is entitled to adjust the price payable under the agreement.

Article 4. Performance of the assignment

The photographer will carry out the assignment to the best of their knowledge and ability and in accordance with the standards of good workmanship, in the style in which the photographer usually works.

The photographer will make every effort and act to the best of their ability in the given and prevailing circumstances during the photo shoot and/or coverage. The client undertakes to make the circumstances as favourable as possible for the photographer and to take measures where necessary.

The photographer delivers the images in their usual style, applying extensive post-processing to aspects including light, colour, contrast and cropping.

The client is obliged to do, and refrain from doing, everything that is reasonably necessary and desirable to enable the timely and correct performance of the assignment.

Article 5. Delivery

Unless agreed otherwise, the photographer only uses estimated delivery times.

Digital files containing photographic works are delivered in mutual consultation and in a manner agreed by both parties, and are at the client's risk from the moment they are sent.

If no delivery time has been agreed, it will be determined reasonably by the photographer.

If agreed, digital photo files can also be delivered to the client on a USB stick.

Delivery will not take place before payment for the service, files or product concerned has been received.

Unless agreed otherwise, digital files are delivered by email.

Article 6. Fees

If the parties have not agreed on a fee, the photographer's usual fee applies.

If there is no usual fee, the photographer will charge a fair and reasonable fee for what has been delivered.

If it is plausible that the photographer has incurred higher costs and/or performed additional work that was reasonably necessary, the photographer will pass these on to the client.

The final fee is based on the work performed and costs incurred, calculated afterwards, taking into account the agreed hourly rate and other customary prices.

All amounts quoted by the photographer include VAT, unless agreed otherwise.

Article 7. Payment terms

Unless agreed otherwise, the photographer will send the client an electronic invoice for the amount owed by the client.

A deposit is only required if this has been expressly agreed.

Unless agreed otherwise, the payment term is 14 days from the invoice date.

Article 8. Cancellation and suspension

If an invoice is not paid within the payment term, the photographer may, after notifying the client, suspend all work for the client until the invoice amount has been paid.

If the client does not provide the information required to carry out the assignment in time, or fails to be present (on time) when this is necessary to carry out the assignment, the photographer is entitled to suspend or rescind the agreement.

Suspension or rescission of the agreement shall take place in writing.

If justifiable circumstances, including but not limited to illness and extreme weather conditions, make it impossible to carry out the assignment on the agreed date, a new date will be agreed in consultation, no more than three times.

The obligation to pay also applies if the client does not wish to use the work or products produced under the agreement.

If an invoice is not paid within the payment term, statutory interest is payable on the outstanding invoice amount without any further notice of default from the photographer.

Article 9. Complaints

Complaints about the performance of the agreement and/or objections to an invoice must be submitted to the photographer in writing no later than 14 days after receipt of the photo files.

Complaints made after these 14 days will no longer be dealt with.

For consumers, the following applies instead of the two previous paragraphs: a complaint must be reported within a reasonable time after discovery; reporting within two months of discovery is always on time.

Submitting complaints or objections does not suspend the obligation to pay.

Article 10. Copyright

If the client has purchased a licence through the webshop, they may use the photos as permitted by that licence (Article 18). The restrictions below apply insofar as the purchased licence or another arrangement with the photographer does not provide otherwise.

The client is not entitled to reproduce or publish the work outside the private domestic circle, unless agreed otherwise.

The client is expressly not entitled to use or trade the photos for business or commercial purposes, or for any other purposes outside the private domestic circle, without the prior consent of the photographer or a licence that permits such use (Article 18).

Unless agreed otherwise, the client is not authorised to grant sublicences to third parties or to transfer their own licence.

Unless agreed otherwise, the client is not authorised to make edits to the photos without the photographer's written consent.

The client must request written consent before submitting a photo to competitions or for publications by third parties.

The client must respect the photographer's moral rights, including the obligation to credit the photographer, as set out in Article 25 of the Dutch Copyright Act (Auteurswet).

Any use of a work by the photographer that has not been agreed is considered an infringement of the photographer's copyright.

In the event of infringement of the photographer's copyright and/or moral rights, the photographer will charge the usual licence fee for such a case, plus additional damages and costs.

Payment of damages does not confer any right to further use of the photographer's work.

Article 11. Liability

Should the photographer be liable, this liability is limited to what is set out in this provision.

The photographer is not liable for damage of any kind arising because the photographer relied on incorrect and/or incomplete information provided by or on behalf of the client.

The photographer is not liable for any damage suffered by the client, unless there is intent or gross negligence on the part of the photographer or their representatives.

The photographer is only liable for direct damage.

The photographer is never liable for indirect damage, including consequential damage, lost profits, missed savings and damage due to business interruption.

The photographer is not liable for colour deviations on uncalibrated screens or on prints not supplied by the photographer.

Liability is limited to the invoice amount or, if and insofar as the damage is insured, to the amount actually paid out under the insurance.

Towards consumers, the limitations in this article do not apply insofar as mandatory law provides otherwise.

Article 12. Indemnification

The client indemnifies the photographer against any claims by third parties who suffer damage in connection with the performance of the agreement and whose cause is attributable to parties other than the photographer.

If the photographer is held liable by third parties on that basis, the client is obliged to assist the photographer both in and out of court and to do without delay everything that may be expected of them in that case.

Should the client fail to take adequate measures, the photographer is entitled to do so themselves without notice of default. All costs and damage incurred as a result by the photographer and third parties shall be borne entirely by the client and at the client's risk.

Article 13. Changes to these general terms and conditions

The photographer reserves the right to amend or supplement these general terms and conditions.

The photographer will notify the client of changes in writing and in good time.

If the client does not wish to accept a proposed change, they may terminate the agreement, up to the date on which the new general terms and conditions take effect, with effect from that date.

Article 14. Applicable law and disputes

All legal relationships to which the photographer is a party are governed exclusively by Dutch law, even if an obligation is performed wholly or partly abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention (CISG) is excluded.

The court in the photographer's place of business has exclusive jurisdiction to hear disputes, unless mandatory law provides otherwise. Nevertheless, the photographer has the right to submit the dispute to the court that has jurisdiction by law. This paragraph does not apply to consumers: for them, the court that has jurisdiction by law is competent.

The parties will only bring a matter before the court after they have made every possible effort to settle the dispute by mutual consultation.

Article 15. Other provisions

If any provision of the agreement and/or the general terms and conditions proves to be null and void or voidable, the remaining provisions and the agreement shall remain in force.

Article 16. Webshop-specific provisions

16.1 Applicability

This article applies to all purchases made through the webshop on flaviomoretti.nl.

16.2 Formation of the agreement

The agreement is formed at the moment the customer has placed the order through the webshop and payment has been successfully completed. The customer will receive a confirmation of this by email.

16.3 Offer

All offers in the webshop are non-binding. The photographer reserves the right to change the offer.
Prices include VAT.
Photos are shown as previews with a watermark. The delivered files are high-resolution and without a watermark.

16.4 Payment methods

Payment is made through the external payment provider Mollie.
Available payment methods are shown during the ordering process.
The order is only processed after payment has been received.
If payment fails, the order lapses automatically.

16.5 Delivery

Digital files are delivered via a download link sent by email to the email address provided.
The download link is valid for 1 year from the moment it is sent.
The customer is responsible for downloading and saving the files in good time.
In the event of technical problems with the download, the customer can get in touch within the validity period to request a new download link.

Article 17. Right of withdrawal and consumer protection

17.1 Cooling-off period

A consumer may cancel (withdraw from) the purchase within 14 days of the conclusion of the contract, without giving any reason.

To withdraw, send an email to info@flaviomoretti.nl within those 14 days, stating the order number and that you withdraw from the purchase. You may use the model form below; this is not obligatory.

Model form: "To Flavio Moretti Media, info@flaviomoretti.nl. I hereby withdraw from the contract for the following digital photos: [order number], ordered on [date]. Name: […]. Email address used for the order: […]. Date: […]."

17.2 Effects of withdrawal

After a timely withdrawal, Flavio Moretti Media refunds the amount paid within 14 days, using the same payment method. From the moment of withdrawal:

the licence for the photos lapses entirely;
the customer may no longer use the photos, not even for private use;
the customer deletes the downloaded files and all copies, and takes down any publications of the photos (such as social media posts);
the download links stop working.

Using the photos after withdrawal is use without a licence and therefore an infringement of copyright (see Article 18).

17.3 Problems with delivery

Separately from the cooling-off period, the customer is entitled to repair or replacement if:

The download link was not sent, or was not sent correctly
The delivered files are technically defective
Photos were delivered that do not match the order

In these cases, the customer can get in touch via info@flaviomoretti.nl.

17.4 Complaints procedure

Please report a problem with downloads or the content (for example, wrong photos) as soon as possible after you discover it, so I can fix it right away. Reporting within two months of discovery is always on time.
Complaints must be submitted by email to info@flaviomoretti.nl, stating the order number.

Article 18. Licence terms for digital products

18.1 Personal & Club Licence

When purchasing a photo with a Personal & Club Licence, the customer obtains the non-exclusive right to:

Personal use within the private domestic circle
Use on personal social media accounts (Instagram, Facebook, Strava, etc.)
Prints for own use
Non-commercial, editorial use by non-profit clubs and associations

Not permitted under the Personal & Club Licence:

Commercial or business use
Advertisements, sponsor communications or promotion of companies, sponsors, organisations or brands
Resale or rental of the photo
Use by UCI teams or other professional cycling teams

18.2 Editorial / Press Licence

When purchasing a photo with an Editorial / Press Licence, the customer obtains the non-exclusive right to:

One-time editorial publication in a newspaper, magazine or on a news website
Editorial use both online and in print
Use only with the credit "Photo: Flavio Moretti"

Not permitted under the Editorial / Press Licence:

Advertising, advertisements or sponsor communications
Use without credit
Resale or transfer to third parties
Commercial use outside the editorial context

18.3 Commercial Licence

When purchasing a photo with a Commercial Licence, the customer obtains the non-exclusive right to use the photo for:

All uses covered by the Personal & Club Licence
Company websites and business social media accounts
Own promotional and marketing material (both digital and in print)
Use by UCI teams, squads and sponsors

Not permitted under the Commercial Licence:

Paid advertising campaigns
Transfer to or use by third parties (agencies, partners)
Resale of the photo as a stand-alone product
Claiming the copyright

18.4 Royalty-Free Licence (unlimited use)

When purchasing a photo with a Royalty-Free Licence, the customer obtains the non-exclusive, worldwide and perpetual right to use the photo for:

All uses covered by the Commercial Licence
Unlimited business use without usage restrictions
Paid advertisements and commercial campaigns
Use by and transfer to third parties (agencies, sponsors, partners)
Editing the photo at their own discretion

Not permitted under the Royalty-Free Licence:

Resale of the photo as a stand-alone product
Claiming or registering the copyright
The Royalty-Free Licence is an unlimited right of use; the copyright is not transferred and remains with the photographer at all times

18.5 General restrictions

The following applies to all licences:

The photos may not be altered in a way that brings the photographer into disrepute
Credit ("@flaviomorettiphotography" or "Photo: Flavio Moretti") is mandatory under the Editorial / Press Licence; under the Personal & Club Licence, the Commercial Licence and the Royalty-Free Licence, credit is appreciated but not mandatory
No copyright is transferred; it remains with the photographer at all times
The licence is tied to the customer and may not be transferred to third parties without written consent, except for the use expressly permitted by the licence concerned.
If in doubt about permitted use, the customer must contact the photographer in advance
The licence is only granted once full payment has been received.

18.6 Portfolio rights

The photographer reserves the right to use all photos, insofar as permitted by law, for:

Portfolio and promotional material of Flavio Moretti Media
Social media posts and the website of Flavio Moretti Media
Competitions and publications promoting the photographer's work

Article 19. Privacy and data protection

For information on how we handle your personal data, please refer to our Privacy Policy.

The key points:

We only collect data necessary to process orders
Data is stored securely and never sold to third parties
You have the right to access, correct and delete your data
We use Mollie for payment processing

Article 20. Use of AI

It is not permitted to use photos for training, fine-tuning, validating or developing AI systems, datasets, machine learning models or similar technologies without the photographer's prior written consent.

Article 21. Additional provisions

21.1 Force majeure

The photographer is not obliged to fulfil any obligation if prevented from doing so by force majeure, including:

Technical failures of the webshop or payment systems
Failure of internet or telecommunications services
DDoS attacks or other cybersecurity incidents
Fire, flood or other natural disasters

21.2 Customer account

Customers can create an account for faster ordering
The customer is responsible for keeping their login details confidential
If misuse is suspected, the customer must change their password immediately

21.3 Language

In the event of any differences in interpretation between different language versions of these terms and conditions, the Dutch version prevails.