Our general terms and conditions

Article 1 – General1.1 These Terms and Conditions apply to all offers, orders and agreements from and with HappyPics. By concluding an agreement between the customer and HappyPics in the manner in which it is described, the customer accepts these Terms and Conditions.

1.2 Deviations from these Terms and Conditions are only valid if they have been expressly agreed in writing with HappyPics.

1.3 All rights and claims, as stipulated in these Terms and Conditions and in any further agreements for the benefit of HappyPics, are also stipulated for the benefit of intermediaries and other third parties engaged by HappyPics.

1.4 If provisions of these Terms and Conditions are void or annulled, the other provisions of these Terms and Conditions will remain in full force and effect. HappyPics and the customer will then enter into consultation in order to agree on new provisions to replace the void or voided provisions, whereby the purpose and scope of the void or voided provisions are taken into account as much as possible.

1.5 HappyPics has the right at any time to change the Conditions on which photos are offered at the store and the Conditions and content of the HappyPics websites.

Article 2 – Delivery and delivery times

2.1 The delivery times stated by HappyPics are only indicative. Exceeding any delivery period does not entitle you to compensation or the right to cancel your order or terminate the agreement, unless the exceeding of the delivery period is such that you cannot reasonably be expected to maintain the agreement. In that case, you are entitled to cancel the order or terminate the agreement to the extent necessary.

2.2 Delivery of the products takes place at the place and time at which the products are ready for delivery to the relevant store or for shipment to you in the case of orders via the online store.

Article 3 - Offers and agreements 3.1 All offers from HappyPics are without obligation and HappyPics expressly reserves the right to change the prices, especially when this is necessary based on (legal) regulations. All offers are subject to availability. Price changes are reserved at all times.

3.2 An agreement is only concluded after acceptance of your order by HappyPics. HappyPics is entitled to refuse orders or to attach certain Conditions to the delivery, unless expressly stated otherwise. If an order is not accepted, for whatever reason, HappyPics will notify you within five days of receiving the order.

3.3 This agreement contains all agreements made between the customer and HappyPics and replaces all agreements, arrangements and/or arrangements previously made between the customer and HappyPics.

3.4 Unless proven otherwise, HappyPics' administration serves as proof of orders placed and payments made by the customer to HappyPics and of deliveries made by HappyPics. HappyPics recognizes that electronic communications can serve as evidence. By accepting these Terms and Conditions, the customer also acknowledges this.

3.5 The promotional photo offered at the location of the mobile studio is limited to one photo per family.

Article 4 – Prices and payment

4.1 The prices applicable during the sale are in euros and include VAT. The prices stated on the website for the products and services offered are in euros, including VAT and excluding administration and shipping costs, unless clearly stated otherwise. The administration and shipping costs are charged separately per order and may differ per product and are stated in the product information.

4.2 Payment for photos to be collected in the store is in cash or by debit card machine. Payment via the webshop is made without discount or compensation via PayPal and IDeal, with the customer's permission at the time orders are processed for the customer.

4.3 If the customer fails to comply with what has been agreed regarding payment, HappyPics is entitled to terminate the agreement extrajudicially with immediate effect or to suspend its obligations, as well as to refuse the customer access to the HappyPics system without giving reasons.

Article 5 - Ownership of products5.1 All goods delivered to the customer remain the property of HappyPics until all amounts owed by the customer for the goods delivered under the agreement have been paid in full to HappyPics. The risk regarding the products passes to you at the time of delivery.

Article 6 - Force Majeure6.1 HappyPics is not obliged to fulfill any obligation towards the customer if it is prevented from doing so as a result of a circumstance that is not attributable to its fault, nor under the law, legal act or generally accepted views. is at her expense.

6.2 Circumstances within the meaning of Article 5.1 include a business disruption, a disruption in the energy or material supply, transport delays, a strike and failure or failure to deliver on time by suppliers.

6.3 As soon as a circumstance as described in article 5.2 arises, HappyPics will notify the customer of this. The customer can then, in consultation with HappyPics, have a comparable product made, whereby any additional or reduced costs will be deducted, or cancel the order, whereby the payment, if already made, will be refunded.

Article 7 - Intellectual and industrial property rights7.1 The customer must fully and unconditionally respect all intellectual and industrial property rights that apply to the goods delivered by HappyPics, such as the copyright on the photos taken by HappyPics.

7.2 HappyPics does not guarantee that the goods delivered to the customer do not infringe any intellectual and/or industrial property rights of third parties and accepts no liability in the event of any claim from third parties based on the assertion that an goods delivered by HappyPics is infringing. to any right of a third party.

Article 8 – Orders and communication

8.1 HappyPics is in no way liable for misunderstandings, damage, delays or unclear clarity of orders and communications as a result of the use of the internet or any other means of communication in the traffic between the customer and HappyPics, or between HappyPics and third parties, for as far as it relates to the relationship between the customer and HappyPics.

Article 9 - Complaints and liability 9.1 You have the obligation to examine upon delivery whether the products comply with the agreement. If this is not the case, you must immediately inform the HappyPics seller. and, if it concerns products that have been ordered via the online store, to notify this in writing and with reasons as soon as possible and in any case within ten days after delivery, or at least after observation was reasonably possible.

9.2 If it has been demonstrated that products ordered via the online store do not comply with the agreement, HappyPics has the option to replace the products in question with new products upon return or to refund the invoice value.

9.3 Photos purchased in the online store that have been offered to you digitally for review and photos that you have viewed and purchased in a store during the sale cannot be exchanged or taken back.

Article 10 – Personal data and privacy

10.1 Personal data entered by the customer via the website will be included in a file. This data will be used for the execution of the customer's order.

10.2 Only if the customer has indicated that he/she does not wish this, the customer's data will be included in a central HappyPics file. This data will be used to keep the customer fully up to date with HappyPics's business and services. The processing of the customer's data will take place in accordance with applicable laws and regulations. The name and address details entered by the HappyPics photographer may occasionally be made available to other companies unless the customer objects to this and has checked the relevant box on this card.

10.3 Payment details such as credit card, bank and giro account details of the customer will not be stored in any file by HappyPics.

10.4 If desired, the customer can inspect the data that HappyPics contains about the customer's person in the HappyPics file. The customer is entitled to request changes to the data if this data is incorrect.

Article 11 - Miscellaneous11.1 If the customer provides HappyPics with an address in writing, HappyPics is entitled to ship all orders to the relevant address until the customer has provided HappyPics with a new address.

11.2 If HappyPics allows deviations from these Terms and Conditions, whether tacitly or otherwise, for a short or longer period of time, this does not affect its right to demand immediate and strict compliance with the Terms and Conditions. The customer can never assert any rights based on the fact that HappyPics applies these Terms and Conditions flexibly.

11.3 HappyPics is authorized to use third parties for the execution of the customer's order(s).

Article 12 - Applicable law and dispute settlement12.1 Dutch law applies to all offers, orders and agreements from HappyPics.

12.2 All disputes between parties will be submitted exclusively to the competent court in the Netherlands.