These general conditions apply to all offers, agreements, deliveries and any other legal relation between the Nederlands Fotomuseum and another party, also after termination of an agreement, unless parties have made variations thereupon in writing. Any general conditions made by the other party are rejected expressly.
Section 1 Definitions
1 For the purposes of these general conditions, we mean by the term 'other party': the natural or legal person or body with whom the Nederlands Fotomuseum has a form of legal relation;
'photographic work': a photographic work as referred to in section 10 of the Auteurswet 1912 (Copyright Act 1912), or a comparable piece of work;
'photo(graph)': the tangible material used for a photographic image, irrespective of the form and manner of reproduction or representation;
' client': any natural or legal person or body that commissions the Nederlands Fotomuseum to restore and preserve objects.
Section 2 Delivery
2 The times of delivery stated by the Nederlands Fotomuseum are merely indicative. If the Museum exceeds a time of delivery, this does not give the other party the right to claim damages, nor to cancel the order, nor to annul the agreement, unless the time of delivery has been exceeded to such a degree that the other party cannot in all fairness be expected to comply with the agreement. In such a case the other party is entitled to cancel the order and/or to annul the agreement, if need be. On no condition, however, is the other party entitled to any form of compensation.
Section 3 Orders
3 The Nederlands Fotomuseum is entitled to refuse orders and/or attach specific conditions to delivery, unless expressly stipulated otherwise. If an order is not accepted, the Nederlands Fotomuseum will inform the client of this within ten working days after receipt of the order.
4 Payment can take place in any of the ways stated in the course of the ordering process. Further terms of payment and delivery can be made with regard to delivery. In case of payment by bank, the date of crediting to the bank of the Nederlands Fotomuseum is held to be the date of payment.
5 If the prices of the products and/or services offered go up in the period between the dates of the order and its execution, the other party is entitled to cancel the order and/or to annul the agreement within ten days after the client has been informed of the rise in price by the Nederlands Fotomuseum.
6 If, for whatever reason, the other party decides not to buy the photograph ordered after all, he has the right to return the photograph to the Nederlands Fotomuseum within seven working days after delivery. In any case, articles returned will only be accepted if the packaging of the photograph is undamaged and the seal on the packaging has not been broken. In addition, the rule holds good that any costs of returning articles must be borne by the other party.
Section 4 Liability of the Nederlands Fotomuseum
7 The Nederlands Fotomuseum will assume liability for any loss suffered by the other party which is directly and exclusively due to a fault or negligence to be imputed to the Nederlands Fotomuseum. However, compensation is paid only if it concerns damage that the Nederlands Fotomuseum is insured against, or should in all fairness have been insured against.
8 The following situations do not qualify for compensation: a. consequential loss of profits, including e.g., loss due to delays, and lost profits; b. supervision–related damage, including damage caused by or during the execution of the work undertaken, to objects etc. that are being worked on, or to objects etc. that are near the place where work is being carried out, and c. damage caused by the processing and/or editing of photographs by third parties.
Once purchased, E-tickets cannot be refunded.
3072 AR Rotterdam
+31 (0)10 20 30 405
Kamer van Koophandel (Chamber of Commerce) number 24335723