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 H O T O S H O O T S

General
1. The client chooses a particular photographer because their style appeals to them. The photographer is free to use her artistic knowledge and insight in the reportage. 
2. The photographer is free to make her own selection of photos after a photo shoot. The client cannot appeal to the photos which, according to the photographer, did not pass the selection. 
3. The delivery times of the photos/products can be subject to variation. Minh Dan Vu Fotografie will inform the customer of the delivery time in advance.
4. Possible travel costs are not included in the price and amount to 0.19 ct per km to and from Duinbeek 71, 8226 RK, Lelystad.

Payments
1. The customer must have paid the full amount before delivery of the product or service.
2. If the customer does not pay within the agreed term, the customer will receive a reminder, after which the customer has 7 days to pay. 
2. If the customer does not pay within the agreed term after receiving a reminder,, the outstanding amount will be increased by €5,- administration costs plus the applicable legal interest. If the amount is still not paid in full after 30 days of the invoice date, the claim will be given to a collection agency. All additional costs will then be at the customers expense. 
3. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Minh Dan Vu Fotografie.
4. If the customer does not pay on time, Minh Dan Vu Fotografie may suspend its obligations until the customer has met his payment obligation.
5. If the customer refuses to cooperate with the performance of the agreement by Minh Dan Vu Fotografie, he is still obliged to pay the agreed price to Minh Dan Vu Fotografie.

Cancellation
1. Cancellation of a photo session is free of charge up to 72 hours before the photo session. If cancelled later than 72 hours, a percentage of 50% will be charged.
2. If cancelled on the day itself, a percentage of 100% will be charged, unless the cancellation cannot reasonably be blamed on the customer.
3. In case of heavy clouds or rain, the photo session will not take place. If the customer decides to have the photographer come despite the bad weather forecast, the customer must pay the costs of the photographer if the photo shoot still has to be cancelled.

Copyright & Publication
1. Copyrights and other rights attributed to the photographer by Dutch law are and will always remain the property of Minh Dan Vu Fotografie.
2. If the customer wants to use photos for publication, approval of Minh Dan Vu Fotografie is obligated.
3. All photographs supplied are always copyrighted by the photographer. The customer buys a photo print or a digital photo, not the rights to the photo.
4. High resolution digital files without watermark are for personal use only and may not appear on the internet without permission of the photographer.
5. The photographer may use, sell to third parties, reproduce and publish the photos for non-commercial as well as commercial purposes at all times at her own discretion. The photographer is not obliged to mention this to the customer. 
6. Any form of agreed upon publication must clearly state with the photo: "Photo: Minh Dan Vu" or " Photo: www.minhdanvu.com". If this condition is not met, an additional fee of 100% of the amount will be due.

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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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P H O T O G R A P H Y T O U R


Sign up
1. An offer is non-binding and valid for 14 days following the date of the offer.
2. If the customer has not accepted the offer in writing within the time limit, the offer expires, and Minh Dan Vu Fotografie is entitled to amend the offer or withdraw it.
3. Minh Dan Vu Fotografiehas the right to amend an offer or withdraw when it is based on inaccurate or incomplete information provided by the customer.

Payment 
1. The participant must pay a non-refundable retainer of 25% of the total fee to participate in the tour. The remaining cost must be paid 3 months before the start of the tour. Unless the cancellation is proven to be due to illness or travel restrictions.
2. The participant must have paid The remaining cost 3 months before the start of the tour.
3. If the participant does not pay on time, Minh Dan Vu Fotografie may give their place to another participant.

Photography Tour
1. The participant is obliged to insure himself for the tour.
2. Minh Dan Vu Fotografie is allowed to accept one extra participant on any tour.  
3. Minh Dan Vu Fotografie is allowed to bring in any assistant/assistants or co-leaders on any tour. 
4. Rude behavior against the host or other participants will not be tolerated. The participant can be asked to leave the group without any refund, when the participant shows undesirable behaviour. Extra costs are for accountability of the participant. Minh Dan Vu Fotografie reserves the right to refuse participation during the photography tour for participants who are not willing to cooperate with the group or behave disrespectfully towards other participants, the hosts, or the models.
5. The participant shall not seek monetary compensation from the owners of the horse models in return for releasing images to them.
6. Minh Dan Vu Fotografie is not to be held responsible or liable for any personal injury or damage to property during, or immediately surrounding the tour.

Photo rights
1. The participant retains copyright to all images taken by them during the photography tour.
2. The participant is allowed to use the photos for commercial use, excluding the promotion
of their own photography tour or workshop held in that specific country.
3. The participant is not allowed to use photos made during the tour for offering similar tours. If 4. The participant happens to do so, the participant must pay a compensation to Minh Dan Vu Fotografie 

Promotion
1. When posting images taken during the tour on social media, the participant must mention
the following “Photo taken during photo tour 2021 organised by www.minhdanvu.com” and use the given hashtag.
2. The participant allows for the tour to be filmed and recorded and gives permission to be seen on the video created during the tour by Minh Dan Vu Fotografie for the purpose of promoting future tours.
3. Minh Dan Vu Fotografie are allowed to use the images taken by the participants during the photography tour, with credit to the participant, for the promotion of any future photography tour.


Cancellation
1. If the participant cancels the tour, the retainer will not be refunded. If the cancellation is later than 1 month (31 calendar days) before the start of the tour, there will be no refund. 
2. If the tour has to be cancelled due to unforeseen circumstances, such as weather conditions or pandemics, the customer will receive a refund as long as Minh Dan Vu Fotografie has not made any costs. 
3. Minh Dan Vu Fotografie is not responsible for any additional costs that may be incurred by the participant by cancellations due to weather, flight delays, visa issues and other unforeseen issues.
4. Minh Dan Vu Fotografie reserves the right to cancel the tour if it does not meet the required minimum enrollment. The required minimum participants will be mentioned at each tour. If that happens, the participants will be refunded. 
5. Minh Dan Vu Fotografie reserves the right to find a suitable replacement when Minh Dan Vu Fotografie is unable to attend the tour due to unforeseen circumstances.
6. In the case of bad weather or cancellation of a photo session during the tour, Minh Dan Vu Fotografie will offer other activities. 

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W O R K S H O P S

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 secure their spot. 

Cancellation
1. Minh Dan Vu Fotografie reserves the right to cancel the workshop if it does not meet the required minimum enrollment. The required minimum participants will be mentioned at each workshop. If that happens, the participants will be refunded.
2. Minh Dan Vu Fotografie reserves the right to change the date of a workshop or course no later than 1 week before the start of the workshop. The participant will be informed by e-mail and is able to cancel the workshop and receive a refund
3. Minh Dan Vu Fotografie is, in case of unforeseen circumstances, entitled to cancel the workshop. 
4. Workshops take place outside. In the event of predicted bad weather conditions, the workshop will be canceled, due to fragile equipment. The workshop will be moved. If bad weather occurs during the workshop unpredicted, the workshop has to be cancelled. The customer will not receive a refund. 
5. In the event the participant cancels the workshop, cancellation costs will be charged if the cancellation takes place less than two months before the workshop starts. If the customer cancels the workshop one month or less before the workshop starts, the customer receives a 50% refund. The customer does not receive a refund when cancelling less than 14 days before the workshop starts. 

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 workshops are not allowed to use the information given by Minh Dan Vu Fotografie during the workshop 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 
3. Minh Dan Vu Fotografie is allowed to use photos made during the workshop for future workshop promotions. 

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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.