Terms & conditions.
Application of these terms
These terms and conditions apply to all offers, quotes and agreements of and with yelu. (“yelu.”, “we”, “us”), regardless of any conflicting provisions stated on documents of the client. By placing an order or confirming a booking, the client acknowledges and accepts these terms and conditions.
Definitions
- yelu. — the service provider whose details are listed in article 15.
- Client — any natural or legal person who requests a quote from, places an order with, or enters into an agreement with yelu.
- Services — photography and related visual services (including automotive, architectural, real estate, event and other photography).
- Deliverables — the edited images and any other materials delivered to the client.
Offers & quotes
3.1. When a prospective client contacts yelu. requesting information with a view to a service, yelu. will draw up a non-binding quote describing the service and the associated total price.
3.2. All quotes are valid for 30 days unless stated otherwise on the quote.
3.3. Unless stated otherwise, all prices are exclusive of VAT.
3.4. Where the client confirms an order or assignment by e-mail or in writing, a sales agreement is formed and the commitment is final. The client is then bound by it and is required to pay for the requested service or order.
Invoicing & payment
All invoices are payable within 30 days. Invoices that are not disputed by registered letter within eight days of the invoice date are deemed to be definitively accepted.
For business clients (B2B)
- Any invoice unpaid on its due date will, by operation of law and without prior notice of default, be increased by interest of 12% per year and by a fixed indemnity equal to 15% of the invoice amount, with a minimum of €75.
- In the event of non-payment within the stated term, a reminder procedure will be started. Any resulting collection costs are borne by the debtor.
For private clients (B2C – consumers)
- Any invoice unpaid on its due date is first followed by a free reminder. If payment is still not made, the claim is increased by late-payment interest at the rate referred to in the Belgian Act of 2 August 2002 on combating late payment in commercial transactions. This interest starts after a period of at least fourteen calendar days following the reminder.
- In addition, the private client owes a fixed compensation equal to: €20 for invoices up to €150; €30 plus 10% of the amount between €150.01 and €500 for invoices from €150.01 to €500; and €65 plus 5% of the amount above €500.01 for invoices over €500. This compensation never exceeds €2,000.
Cancellation by the client
5.1. The client may terminate the agreement unilaterally, as provided in article 1794 of the (old) Belgian Civil Code. In the event of early cancellation by the client, or for a cause attributable to the client, the work performed and costs incurred up to that point will be charged, together with compensation for lost profit.
5.2. For assignments tied to a specific date (such as events), the expected invoice amount according to the quote is charged at 40% if the cancellation is made more than three months in advance. If the cancellation occurs within two months of the planned date, the full expected invoice amount is charged.
5.3. Where no specific date was agreed for the service, a fixed cancellation fee of 40% always applies.
5.4. Any cancellation must always be made in writing (by e-mail).
Rescheduling & force majeure
6.1. Certain services (in particular outdoor, automotive, architectural and exterior real estate photography) depend on weather and light conditions. yelu. may propose to reschedule the session to safeguard the quality of the result.
6.2. In the event of force majeure or illness on the part of yelu., a new date will be agreed in consultation. yelu. is not liable for any delay resulting from such circumstances.
Performance
7.1. The production of photo reportages is always a best-efforts obligation. It remains a subjective product, and the client can therefore never invoke as a reason for non-payment that the end result is not entirely to their taste.
7.2. Unless agreed otherwise, there is one feedback moment at which the client can submit their remarks in writing. Where possible, yelu. will adjust the work accordingly.
7.3. The captured material is selected, edited and processed at the discretion of yelu., taking into account the reasonable wishes of the client.
Delivery
8.1. The edited images are delivered via a personal online gallery from which they can be downloaded in high resolution, within the agreed timeframe.
8.2. The number of delivered images is as set out in the quote.
Longer assignments
For assignments lasting six hours or more, the client provides reasonable access to refreshments and a short break for yelu. If the client does not provide for this, yelu. may leave the location to take a break, and is not responsible for the time lost as a result.
Retention of original material
Unless agreed otherwise in advance, yelu. retains the edited deliverables for thirty days after delivery of the end product. The original (RAW) captures remain the property of yelu. and are not delivered. If the client wishes the original captures to be retained for longer, this must be agreed in writing.
Copyright & use of images
11.1. All images produced by yelu. are subject to copyright and remain the property of yelu.
11.2. Upon full payment of the price, the client receives a licence to use the delivered images for the agreed purpose — for example, for real estate, marketing the property on platforms such as Immoweb and Zimmo, the client’s own website, social media and print.
11.3. Photos made by yelu. may be published on the website, blog and social media of yelu. If the client does not wish this, they must inform yelu. in advance.
11.4. The client is responsible for obtaining any permissions or releases required from persons or property depicted.
Privacy
Personal data is processed in accordance with our Privacy & Cookies policy.
Liability
13.1. Given the best-efforts nature of the services, yelu.’s liability is at all times limited to the invoice amount of the relevant assignment.
13.2. yelu. is not liable for indirect or consequential damage. Any obligations of the client towards third parties are entirely borne by the client.
13.3. All complaints regarding delivered work must, on penalty of forfeiture, be notified to yelu. by registered letter within three calendar days of the invoice date. After this period, invoices are regarded as accepted without reservation.
Applicable law & competent court
Every dispute is governed by Belgian law and falls under the exclusive jurisdiction of the courts of the judicial district of Antwerp. Where the Justice of the Peace has jurisdiction, the Justice of the Peace of the competent canton will be the competent court.
Company details
yelu.
Trade name operated by Yenthe Lufin, as an assisting self-employed person (meewerkend zelfstandige) under Lenka Van Hemelryck.
VAT BE 0797.786.495
city Puurs-Sint-Amands, Belgium
tel +32 494 69 77 97
email info@yeluvisuals.com