Article 1. Applicability

1.1. These terms and conditions apply to all legal relationships between Maison Amanati and the client. By placing an order and/or giving an assignment, the client fully and unconditionally agrees to these terms and conditions. Any deviation must be approved in writing by the photographer beforehand. These terms take precedence over any terms and conditions of the client.

Article 2. Definitions

2.1. Photographer: Maison Amanati, located at Bisschoppenhoflaan 266, 2100 Deurne, Belgium, registered under KBO number BE0782.243.335, also the user of these terms and conditions and the service provider. Contact: info@maisonamanati.com info@maisonamanati.com

2.2. Client: the (legal) person(s) with whom the Photographer has entered into an Agreement, also referred to as the accepting party of these terms and conditions.

2.3. Agreement: the agreement between the Photographer and the Client.

2.4. Offer: any proposal made by the Photographer to (legal) persons in view of entering into an Agreement, including through our website, social media or email.

2.5. Assignment: the service or product provided by the Photographer.

2.6. Product: any physical or digital item sold by the Photographer.

2.7. Extra participant: a natural or legal person contracted by the Client to fulfill a specific aspect of the Assignment, also referred to as a model.

2.8. Statutory Right of Withdrawal: the consumer's right to withdraw from a remote agreement within 14 days, in accordance with Article VI.47 et seq. WER.

2.9. Statutory Warranty Period: the 2-year period during which a consumer is entitled to warranty on defective Products ordered remotely, in accordance with Article 1649bis et seq. (old) Civil Code.

2.10. Intellectual Property Rights: all intellectual, industrial and other proprietary rights (whether registered or not), including but not limited to copyrights, related rights, trademarks, trade names, logos, designs, models, domain names and know-how, as defined in Book XI of the WER.

Article 3. Offer of the Assignment

3.1. The Photographer makes an offer for an Assignment in the form of a Quote, which may also appear as a price list, email or brochure. Prices are in euros and include VAT unless stated otherwise.

3.2. Price estimates may change due to (unforeseen) adjustments in the work or increases in costs of materials. The Photographer will inform the Client as soon as possible. The applicable offer is the one valid at the time of acceptance.

3.3. Unless agreed otherwise, the offer expires 31 days after it is sent by the Photographer.

Article 4. Acceptance and formation of the Assignment

4.1. The Client must accept the offer explicitly and in writing. If the Client fails to do so but still gives the impression of agreeing by allowing the Photographer to begin work, the offer will be considered accepted.

4.2. The Photographer reserves the right to refuse an Assignment if new information emerges after acceptance that makes execution unacceptable.

4.3. After acceptance, the Agreement can only be changed by mutual consent. The Photographer may then adjust the price accordingly.

4.4. An agreement regarding delivery of photographic or other visual material is only established through written confirmation by the Photographer.

4.5. The Agreement is valid for one or more specific dates. Only those dates are booked by the Photographer and confirmed upon receipt of a deposit and signed contract, as detailed in Article 4.6.

4.6. The Agreement becomes final once the 20 percent deposit is received. This deposit must be paid within 8 days of written acceptance of the offer and/or order.

Article 5. Execution of the Assignment

5.1. The Photographer carries out Assignments independently and to the best of their ability, in their usual style and in accordance with professional standards. The Photographer commits to a best-effort obligation.

5.2. The Client ensures favorable working conditions and takes necessary measures, including but not limited to instructing other attendees.

5.3. Standard editing includes adjustments in color, contrast and cropping in line with Maison Amanati's style and expertise. Additional editing (retouching or Photoshop) is possible upon agreement and charged at 70 euros per hour.

5.4. The Client acknowledges being well informed about the Photographer’s style and approach. Assignments are delivered in the Photographer’s style unless agreed otherwise in writing.

5.5. The Photographer solely determines the selection and number of photos delivered. Unedited RAW files are never delivered.

5.6. Any element not explicitly described in the Assignment will be executed at the Photographer’s own technical and creative discretion.

5.7. After receiving each part of the Assignment, the Client must approve it or express objections. If nothing is communicated within two weeks, approval is assumed.

Article 6. Album design

6.1. Albums are designed based on the Photographer’s style and expertise.

6.2. When ordering an album, the Photographer provides a first draft within 6 weeks after confirmation. Confirmation is considered complete after receiving a 50 percent deposit.

6.3. The Client may submit a preselection of photos once.

6.4. The Client may request one design revision included in the album package. A maximum of three revisions is allowed. The second and third are billed at 70 euros per hour.

6.5. Album details (type, format, finish) are finalized before the design process begins and cannot be changed once the deposit has been paid.

6.6. The album is only printed after the Client gives final written approval of the design and edits. The Photographer is not liable for spelling, grammar, or other content-related mistakes after approval.’s.

6.7. The Client agrees to cooperate actively and communicate clearly throughout the album process so that the album can be ordered within 6 months of the deposit. If the process stalls due to the Client, the Photographer may cancel the album without refunding the deposit.

Article 7. Delivery

7.1. Delivery times are estimates unless stated otherwise. The goal is to deliver photos within 60 days after the shoot. Delays do not entitle the Client to compensation, contract termination or price reduction. For non-shoot-related products, delivery times are as indicated on the website.

7.2. Na het betalen van de eindfactuur worden de foto’7.2. Upon final payment, photos are delivered via a password-protected online gallery. The gallery remains available for at least 3 months unless agreed otherwise. This period can be extended for a fee. The Client is responsible for downloading and backing up all desired files during that time. Orders placed through the gallery are made directly with Pic-Time, not the Photographer.’s te downloaden en correct te bewaren, inclusief zelf een Back Up te voorzien. In de periode waarin de online galerij beschikbaar is, heeft de Klant de mogelijkheid om producten te bestellen via de online shop. Bij bestelling van producten via de online galerij ontstaat een overeenkomst tussen de klant en Pic-Time, waarbij de Fotograaf geen partij is.

7.3. If an album is ordered, a first draft will be sent digitally within 6 weeks after the 50 percent deposit and preselection. Revisions follow the process outlined in Article 6.4.

7.4. Once the Client gives written approval of the album design, the Photographer orders the print from a third-party supplier. The album is delivered within 10 weeks of approval, depending on the chosen package.

7.5. The Photographer notifies the Client of products with longer delivery times. Estimated delivery dates are communicated by email.

7.6. For services or Products not ordered through the website, delivery takes place only after full payment unless agreed otherwise.

7.7. Delivery timelines begin once payment is made or, if applicable, once the deposit and photo preselection are received.

7.8. Physical goods are typically handed over in person at Bisschoppenhoflaan 266, 2100 Deurne, unless agreed otherwise. Shipping via courier (express or insured) is at the Client’s expense. Shipped goods are at the Client’s risk until returned undamaged to the Photographer. The Photographer is not liable for delays, loss or damage caused by postal or courier services. Delivery is limited to Europe unless agreed otherwise. If a package is returned due to incorrect or incomplete address or failure to collect, the Client cannot claim compensation and must pay the reshipping costs.

7.9. The 2-year Statutory Warranty Period applies to non-digital products purchased online by consumers.

Article 8. Compensation

8.1. If no specific compensation is agreed upon, the Photographer’s standard rates apply. If no standard rate can be determined, a reasonable and fair compensation will be charged. For online purchases, prices listed on the website apply.

8.2. If it is reasonable to assume the Photographer incurred additional necessary expenses or performed extra work, these will be charged to the Client. This includes but is not limited to travel, accommodation, and catering. These may be billed in the main invoice or separately.

8.3. Final compensation is calculated based on actual work performed and expenses incurred, according to agreed hourly rates or standard pricing.

8.4. All stated amounts include VAT unless agreed otherwise.

8.5. If the Client fails to provide necessary information on time, the Photographer is entitled to charge a reasonable compensation.

8.6. Vrij Werk is een overeenkomst tussen de Fotograaf en de klant, waarbij de Klant tijd investeert om te poseren en daarna foto’8.6. Free Work is an agreement where the Client poses in exchange for photos, without financial compensation. The Photographer may decide, even after the shoot, whether a session qualifies as Free Work, for example if it is deemed useful for the portfolio. Article 14 still fully applies.

8.7. If an order or product is modified, a separate quote will be provided. Upon approval, the Client agrees to cover any direct or indirect costs arising from the changes.

Article 9. Payment Terms

9.1. Services or products purchased through the website must be paid immediately online. A confirmation email with proof of payment will follow. For other purchases, the Photographer will send an invoice to be paid within 8 calendar days unless agreed otherwise.

9.2. A deposit of at least 20 percent of the total amount is required before the Assignment starts. If not paid within 14 calendar days, a one-time reminder will be sent. If unpaid within 7 days after that, the Photographer may cancel the Agreement immediately without legal intervention and without owing any compensation.

The Photographer reserves the right to claim damages for lost income.

9.3. If the Client fails to show up for a shoot without notice, the full amount is still due. If more than 10 minutes late, the Photographer may reduce the shoot time while still charging the full agreed fee.

Article 10. Delay and Force Majeure

10.1. If the Client wishes to reschedule a confirmed booking, an administrative fee of 250 euros will apply. Rescheduling is only possible if the Photographer is available. If not, the cancellation policy in Article 11.3 applies.

10.2. Neither party is liable for delays or non-performance due to events beyond their control, which could not reasonably have been foreseen or prevented at the time of the Agreement.

10.3. In case of serious illness, accident, or other unforeseen events preventing the Photographer from performing, they will make reasonable efforts to find a replacement or reschedule. The substitute will enter into a new agreement with the Client. The Photographer is not liable for any shortcomings by the substitute. Notification will be given as early as possible, ideally 24 hours in advance. If performance is impossible due to force majeure, the deposit will be refunded minus any costs or services already provided.’n geval niet gehouden tot het betalen van enige schadevergoeding aan de klant. In geval van ernstige omstandigheden waaronder, doch niet uitsluitend, extreme weersomstandigheden, ziekte of ongeval waardoor het voor de Klant onmogelijk is om zijn of haar deel van de overeenkomst op de overeengekomen datum uit te voeren, zal de Klant de Fotograaf onverwijld op de hoogte stellen en kan niet vaker dan tweemaal in overleg een nieuwe datum overeengekomen worden.

10.4. If other force majeure prevents the Assignment from being completed, the Photographer may terminate the Agreement. In this case, the Client must compensate the Photographer for any completed work. Notification will be given as soon as possible. The Client then has two weeks to dissolve the Agreement but must still compensate for any completed work. No damages can be claimed.

10.5. Force majeure includes but is not limited to file loss due to technical failure, war, mobilisation, natural disasters, extreme weather, transport issues, fuel shortages, utility failures, fire, equipment breakdown, strikes, government actions, supply issues and other unforeseeable events at the time of the Agreement.

10.6. Pandemic delay: Any costs already incurred are transferable to the new date chosen by the Client. If that date falls in a different year, the remaining hours will be adjusted based on new index rates. An increase of around 3 percent may apply. If the Client cancels due to a pandemic, all incurred costs will be fully charged.

Article 11. Cancellation and Suspension

11.1. If an invoice is not paid on time, the Photographer may suspend work after notifying the Client. Late payment incurs an annual interest of 12 percent and a fixed penalty of 15 percent of the outstanding amount, with a minimum of 75 euros, unless proven higher damages. Partial payment does not waive the right to full compensation.

11.2. Suspension or termination of the Agreement must be done in writing.

11.3. If the Client cancels a photo shoot, the following fees apply:

- Up to 72 hours in advance: minimum 20 percent of the total price or the deposit paid, plus costs incurred

- Up to 48 hours in advance: minimum 50 percent of the total price plus costs

- Up to 24 hours in advance: minimum 75 percent of the total price plus costs

- Same-day or less than 24 hours: 100 percent of the total price

11.4. If a commercial shoot is postponed but rescheduled within 30 days with written confirmation, the following applies:

- 24 hours in advance: minimum 50 percent of the total price plus costs

- 48 hours in advance: minimum 30 percent plus costs

- 72 hours in advance: minimum 20 percent plus costs

- More than 72 hours in advance: 10 percent plus costs. If not rescheduled within 30 days, the cancellation policy applies.

11.5. Fully delivered services or digital products must always be paid in full. Partially completed services must be paid proportionally, possibly with additional compensation for lost income.

11.6. The payment obligation remains, even if the Client no longer wishes to use the delivered services or products.

11.7. Sold goods and services cannot be returned, exchanged, or canceled free of charge.

11.8. The Photographer reserves the right to cancel the session if the Client has not fulfilled the required preparations.

Article 12. Right of Withdrawal

12.1. Consumers may normally cancel non-digital products purchased online within 14 days. However, custom-made products such as prints or albums are excluded. The right of withdrawal also does not apply to services already (partially) delivered.

12.2. To exercise the right of withdrawal, the Client must inform the Photographer by written statement (email or letter) within the 14-day period.

12.3. The Client must return the Products within 14 days after notifying the Photographer. Return costs are at the Client’s expense.

12.4. If the returned Product is damaged or diminished in value due to use beyond what is necessary to inspect it, the Photographer may charge compensation. Only items in original condition, including packaging, accessories, manuals and proof of purchase, will be accepted.

12.5. If the Client withdraws from the agreement, the Photographer will refund all payments, including basic shipping costs, within 14 calendar days of notification. The Photographer may wait until the returned goods are received before issuing a refund.

12.6. Refunds will be made using the same payment method unless otherwise agreed. No additional costs will be charged for refunds.

12.7. If the Client requests changes during the Assignment, those changes will be at the Client’s expense and carried out only after written approval of a new quote. Changes may extend the delivery timeline.

Article 13. Complaints

13.1. Complaints about the execution of the Agreement or objections to an invoice must be submitted in writing by registered mail within 7 days of receiving the invoice or Product. This can also be done via email at info@maisonamanati.com. Complaints submitted after this period will not be considered. A complaint can also be submitted to the consumer mediation service via this link: https://consumentenombudsdienst.be/nl info@maisonamanati.com. Klachten na genoemde termijn worden niet meer in behandeling genomen. Een bezwaar kan ook steeds gericht worden de consumentenombudsdienst, via deze link: https://consumentenombudsdienst.be/nl.

13.2. Submitting a complaint does not suspend the payment obligation.

Article 14. Intellectual Property Rights

14.1. Each Agreement includes a license as described in this article for the Photographer’s photographic and graphic work, unless otherwise agreed.

14.2. Copyright and other intellectual property rights for all works developed during the Assignment remain with the Photographer.

14.3. Unless agreed otherwise, the Photographer retains the right to use the work for promotional purposes including but not limited to website, portfolio, ads, social media, magazines, printed materials, trade shows and demonstrations.

14.4. The Client is granted a license to use the delivered Products and photos for the agreed purposes. This license applies only to the specific use, form, destination and territory agreed upon and is valid for one year. Social media posts must credit the Photographer by tagging @maisonamanati and mentioning the name in the caption. The Client is responsible for third-party use of the photos.

14.5. The Client is not allowed to reproduce or publicly share the photos beyond private use unless written permission is given by the Photographer. Commercial use, resale, sub-licensing or transferring the license is not permitted. Editing or altering the images is not allowed without written consent, except for necessary cropping on platforms like Facebook. Filters may not be applied.

14.6. Neither the model nor the parents or guardians have any exclusivity rights to the images, style, or editing.

14.7. Any unauthorised use of the Photographer’s work constitutes a copyright infringement and may result in legal action.

14.8. For each infringement due to violation of these terms, the Photographer may charge a fee of 2.5 times the standard license rate as determined by SOFAM. Compensation does not grant further usage rights.

14.9. Parties may agree on different copyright arrangements in writing.

Article 15. Portrait Rights

15.1. The Photographer retains the right to use photos showing the Client for promotional purposes, including but not limited to website, portfolio, social media, ads, magazines and printed materials.

15.2. The Photographer may license such work to third parties for promotional use.

15.3. Objections to publication or licensing must be submitted in writing before the Agreement is signed.

Article 16. Client Data, Privacy and Confidentiality

16.1. The Photographer collects Client data only to the extent necessary for fulfilling the Agreement. Data is used for business purposes and stored no longer than necessary. By agreeing to the Privacy Statement, the Client gives consent for data use and storage.

16.2. The Client is responsible for the accuracy of the data provided and must notify the Photographer of any changes.

16.3. The Photographer may share the Client’s data with third parties if:

a) required to fulfill the Agreement,

b) for credit reporting,

c) for debt collection,

d) required by law.

16.4. Details on how personal data is processed and your rights can be found in the separate Privacy Statement.

16.5. Both parties agree to keep all information received in the context of the Agreement confidential during and after its term. This also applies to business secrets and unsolicited information. Confidentiality is waived only if legally required. Breach of this clause results in a fixed compensation of 250 euros, without prejudice to the right to claim additional damages.

Article 17. Liability

17.1. The Photographer is not liable for material or physical damage unless caused by intent or gross negligence.

17.2. The Photographer is not liable for indirect damages like loss of profit or data.

17.3. The Photographer is not liable for color differences in screens or prints not provided by the Photographer.

17.4. Minor differences in lighting, resolution or color due to technical limitations are not grounds for liability.

17.5. The Photographer’s liability is always limited to the invoice amount.

17.6. The Client is liable for damages to the Photographer’s property.

17.7. The Photographer is only liable to the extent covered by liability insurance.

Article 18. Amendments to the Terms and Conditions

18.1. The Photographer reserves the right to amend or supplement these terms.

18.2. Changes will be communicated to the Client in writing and in a timely manner.

18.3. If the Client does not accept a change, they may terminate the Agreement before the new terms take effect.

Article 19. Final Provisions

19.1. No party may transfer rights or obligations from this Agreement to a third party without the other party’s consent.

19.2. If any part of these terms is found invalid, the remaining provisions remain in effect.

19.3. Belgian law applies to all legal relationships between the Photographer and the Client.

19.4. Any disputes shall be submitted to the courts of the judicial district of Antwerp, division Antwerp.