General Terms EYHO
These are the general terms and conditions of EAT YOUR HEART OUT AGENCY
The address of Eat Your Heart Out Agency is: Sloterweg 787A, 1066 CA, Amsterdam, registered at Chamber of Commerce under number 76508722.
If you have any questions, then you can contact us
by email at
by phone at +31207670052 or by letter.
EYHO has the right to change these terms and conditions. You agree that the latest version of these terms and conditions will always apply to the assignment. Parties can record deviating agreements in writing.
Article 1 General
These terms and conditions apply to every offer, quotation and assignment between the Contractor and you (the Client). The contractor will send these general terms and conditions to you free of charge on request.
Article 2 Realization assignment
The assignment is established when the Client shows that he agrees with the assignment.
Article 3 Quotations and Special offers
All offers and quotations from the Contractor are without obligation, unless otherwise agreed. An offer in a quote only applies to the specific underlying assignment (and not for any future orders).
If the Client provides the Contractor with information, the Contractor may assume that these are correct and will base his offer on this.
Article 4 Price
The contractor may increase the price in the interim if unforeseen and cost-increasing circumstances occur after the conclusion of the assignment.
The price does not include any costs incurred by the Contractor and does not include VAT and other government levies.
Article 5 Payment and collection costs
Client must always pay within thirty days after the invoice date. The contractor will invoice on a monthly basis.
If the Client does not pay the invoice on time, he is legally in default. The client then owes the statutory interest (if he is a consumer) or the statutory commercial interest (if he is a company). The interest on the claimable amount is calculated from the moment that the Client is in default until the moment of payment of the full amount due.
The full claim of the Contractor against the Client is immediately due and claimable as:
Client exceeds a payment term;
Client is bankrupt or in suspension of payment;
Client (company) is dissolved or liquidated;
Client (natural person) is placed under guardianship or dies.
If the client does not pay on time, he is immediately in default. He will then owe all extrajudicial collection costs to the Contractor. With an invoice amount of up to € 267, these costs will be € 40. With a higher invoice amount, the maximum collection costs are as follows:
15% over the first € 2.500,-
10% on the part that remains afterwards, up to € 5.000,-
5% on the part that remains afterwards, up to € 10.000,-
1% on the part that remains afterwards, up to € 200.000,-
0.5% on the remaining part.
Article 6 Execution period
If the Client owes an advance payment or must make information or materials available, the period within which the Contractor must complete the work (the execution period) will only commence once the payment, information or materials have been received by the Contractor.
If a term has been agreed or specified for the execution of the assignment, this is never a deadline. If a period is exceeded, the Client must first give the Contractor written notice of default.
Opdrachtgever kan de opdracht niet ontbinden door termijnoverschrijding van Opdrachtnemer. This does not apply if the execution is permanently impossible or if the Contractor also does not carry out the assignment within a period that it has again notified in writing.
Article 7 Third parties
The contractor may have work performed (in part) by third parties.
Articles 7: 404 of the Dutch Civil Code (execution by specific person), article 7: 407 paragraph 2 (joint and several liability) and 7:409 of the Dutch Civil Code (death of certain person) do not apply.
Article 8 Execution assignment
The contractor will carry out the assignment to the best of his knowledge and ability and according to the requirements of good workmanship.
The contractor may carry out the assignment in various phases and invoice the executed parts separately.
If the Contractor carries out the assignment in phases, he can suspend the execution of the parts of a following phase, until the Client has approved the results of the previous phase in writing.
Client ensures that he provides all information or materials to Contractor in a timely manner, which are necessary for the execution of the assignment.
If the Client does not provide the necessary information or materials in time, the Contractor may suspend the execution of the assignment and invoice the additional costs arising from the delay. The Contractor is not liable for damage caused by the Contractor relying on incorrect or incomplete data provided by the Client.
Article 9 Change of assignment
If during the assignment it appears that for a proper execution it is necessary to change or supplement the content of the assignment, the parties will do so in mutual consultation.
The contractor can increase or decrease the agreed price. The Contractor will (if possible) provide a quotation in advance. The specified term of execution may also change due to a change in the assignment. Client accepts the possibility of changing the order, price and execution time.
The Contractor may refuse a request to change the Client's assignment if this can have a qualitative or quantitative effect on the work.
Changes in numbers or work volume can lead to adjustments in rates or quotation or the application of a surcharge / fee.
Reduction of more than 5% in numbers / work volume with an approved offer (booking) will be treated according to the cancellation conditions (see article 13). In addition, the missed number (for which space and crew were booked) will be charged according to the cancellation conditions.
Article 10 Suspension, termination
The contractor may suspend the assignment if, due to circumstances (which are beyond its control or of which it was not aware), it is temporarily unable to meet its obligations.
If compliance is permanently impossible, the parties can terminate the assignment for the part that has not yet been fulfilled.
The Contractor may suspend or dissolve the performance of the assignment if the Client does not, not fully or not timely fulfill its obligations. The Client must then pay or compensate the Contractor for damages.
Article 11 Mid-term cancelation
If the Contractor cancels the assignment prematurely, the Contractor will ensure that the work still to be performed is transferred to third parties, unless the cancellation is attributable to the Client. If the transfer of the work entails additional costs for the Contractor, the costs will be borne by the Client.
The contractor may terminate the contract immediately (and no compensation or compensation is required) in one of the following cases:
Client exceeds a payment term;
Client is bankrupt or in suspension of payment;
Client (company) is dissolved or liquidated;
Client (natural person) is placed under guardianship or dies;
There is a different circumstance as a result of which the Client can no longer freely dispose of his assets.
Article 12 Force majeure
The contractor does not have to meet his obligations if there is force majeure.
During the period that the force majeure continues, the contractor may suspend the obligations arising from the assignment. If this period lasts longer than 3 months, then both parties may terminate the assignment without being obliged to pay compensation.
If the Contractor has partly fulfilled its obligations and if the fulfilled part has independent value, the Contractor may invoice the fulfilled part.
Article 13 Cancellation conditions
After booking the photo shoot, the booking may be changed free of charge up to 2 weeks before the start of the photo shoot.
If canceled by the Client within 5 days before the start of the photo shoot, 50% of the total costs will be charged.
If canceled by the Client within 48 hours before the start of the shoot, 100% of the total costs will be charged.
Article 14 Retention of title
Everything that the Contractor delivers remains the property of the Contractor until the Client has fully complied with all its obligations.
The Client must do everything that it can reasonably do to safeguard the Contractor's property.
If the Contractor wishes to exercise its ownership rights, the Client gives unconditional and irrevocable permission to the Contractor to enter all places where the properties are located, so that the Contractor can take them back.
Article 15 Investigation
The Client must examine the delivered goods as soon as they are made available or the work has been carried out. The client must investigate whether the quality and quantity of the delivered is in accordance with what has been agreed and whether it meets the requirements agreed by the parties.
The Client must notify the Contractor in writing of any visible defects within fourteen days of delivery. He must notify Contractor in writing of any invisible defects sixty days after discovery thereof. The notification must contain a detailed description of the defect.
Article 16 Complaints
The client must report any complaints in writing and within one month after discovery (or - in the case of invisible defects - after he could have detected the defects).
If the Client submits a complaint on time, this does not suspend its payment obligation.
If the Client reports a complaint later, it will no longer be entitled to repair, replacement or compensation.
If it is established that an item is defective and this has been reported on time, the Contractor will replace, repair or compensate the defective item within a reasonable period after written notification of the defect by the Client.
If it is established that a complaint is unfounded, the costs of the Contractor that have arisen as a result (such as research costs) will be borne entirely by the Client.
Article 17 Liability
The Contractor is only liable for direct damage suffered by the Client, which is directly and exclusively the result of a shortcoming on the part of the Contractor.
The Contractor is not liable for damage that has arisen because it relied on incorrect or incomplete information provided by the Client.
Contractor's liability is always limited to the invoice value with a maximum of € 2.500,-
The liability of the Contractor is in any case limited to the amount that his insurer pays out in that case.
The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of the Contractor.
Article 18 Limitation period
The limitation period of all claims and defenses against the Contractor is one year.
Article 19 Disclaimer
The Client indemnifies the Contractor against any claims from third parties who suffer damage as a result of the performance of the assignment and for which the cause is not attributable to the Contractor.
If third parties appeal to the Contractor, the Client will assist him both externally and legally and will do everything that may be expected of him in that case.
If the Client does not take any measures, the Contractor may proceed accordingly. All costs and damage that arise for the Contractor as a result are entirely for the account and risk of the Client.
Article 20 Intellectual property rights
The contractor retains all rights to plans, documents, images, drawings, software, creations and related information made by him. This also applies when costs have been charged for this or when improvements have been made later.
Client may not copy the items referred to in the previous paragraph (if this is not for internal use by Client), show them to third parties or make them available for a purpose other than for which they were provided by the contractor.
Article 21 Confidentiality
Unless there is a legal obligation or professional obligation to disclose, the Contractor will keep all information from the Client secret to third parties.
The Contractor will not use the information provided by the Client for a purpose other than that for which it was obtained, unless the Contractor acts in a procedure in which these documents may be of importance.
Client will not disclose the content of agreements, order confirmations, quotations, reports, advice or other expressions, whether written or otherwise, of Contractor and ensure that third parties do not see their content.
Article 22 Data Management
Studio rarely reserves the right to remove the files from its database 2 months after the assignment has been completed. Client is responsible for managing the files.
Article 23 Invalidity
If any part of these terms and conditions is void or voidable, that does not change the validity of the remainder of the Agreement. The invalid or destroyed part is replaced by a provision that follows the content of the invalid provision as much as possible.
Article 24 Conflicting clause
In the event that these general terms and conditions and the agreement contain conflicting terms and conditions, the conditions included in the agreement apply.
Article 25 Applicable law
Article 26 Competent judge
Court of Amsterdam.