Terms and conditions - November 2024

  1. Introduction

    We are:

    • GoPhoto B.V.
    • Joop Geesinkweg 126, 1114 AB Amsterdam-Duivendrecht
    • Chamber of Commerce number: 62120204

    What we do:

    • We offer photography and video services (the Services) as part of the service of an entertainment provider (the Entertainment Provider). For example, if you visit an amusement park, we arrange the photos and videos.
    • The photos and videos (the Products) can be bought from the Entertainment Provider. We do not sell Products, we only facilitate the website where the Products can be purchased.

    Questions?

  2. Terms

    These terms and conditions (the Terms) always apply when you visit our website or if you buy a Product. Next to these terms our Privacy Policy applies. In the Privacy Policy we explain how we use and protect your personal data.

    3. PHOTO CODE

  3. Photo Code
    1. When you have had your photo and/or video taken at the Entertainment Provider, you receive a unique and personal code (the Photo Code).
    2. With this Photo Code you can view your photos and videos online and purchase them from the Entertainment Provider. Please keep your Photo Code confidential if you do not want others to see your photos or videos.

    4. PURCHASES

  4. Purchase from the Entertainment Provider
    1. When you purchase a Product an agreement will be formed between you and the Entertainment Provider. We (GoPhoto) are not a party to this Agreement.
    2. The Entertainment Provider determines the prices of the Products.
    3. The Entertainment Provider can also apply its own terms and conditions of sale to the purchase.
    4. Please be aware that the Entertainment Provider only sells digital products. Therefore, your purchase might be non-refundable. If this is the case, it shall be actively communicated to you by the Entertainment Provider.

    5. COMPLAINTS

  5. Inspection and complaints
    1. We are sorry to hear that you have a complaint. We strive to develop Products of good quality. If the quality is not what you expected or if you have another complaint, please let us know via support@gophoto.nl.
    2. If you are not satisfied with the way we handle a complaint and you are a consumer residing in the European Union, Norway, Iceland or Liechtenstein, you can possibly file your complaint to the Website for online dispute resolution (ODR) from the European Commission: ec.europa.eu/odr.
    3. If we cannot settle a complaint amongst us, you can also file a complaint to a court (please see Article 9).

    6. LEGAL FINE PRINT

  6. Intellectual property
    1. We (or the entertainment providers, our licensors or suppliers) are the exclusive owners of all existing and future intellectual property, such as copyrights, trademarks, design rights, patents, source codes and know-how, which rest on our website and/or the Products. You must not infringe them.
  7. Liability
    1. We are not liable for any damage or other adverse consequences:
      1. resulting from the use or inaccessibility of (information on) our website;
      2. resulting from incorrect or incomplete information provided by you; and/or
      3. in case of force majeure.
    2. In case we are liable, we are only liable for your direct damages, which are directly and exclusively the result of a shortcoming on our part. We are not liable for indirect damages, loss of profit, revenue or opportunity. If recovery is possible, it is at our sole discretion to proceed with recovery or pay damages.
    3. Our liability is always limited to EUR 1,000.
    4. The limitation period of all claims and defences against us is 1 year after you became or should have become aware of the damages. After this period, all claims lapse and become null and void.
    5. The limitations set out in this Article do not apply if the damage is the result of an intentional act or gross negligence from our side.
    6. You may be protected by mandatory consumer protection laws. These laws may overrule our terms. In that case, our liability is also determined by the consumer protection laws.
  8. Miscellaneous
    1. The invalidity or unenforceability of any provision of the Terms will not affect the validity or enforceability of any other provision of the Terms. Any such invalid or unenforceable provision will be replaced by a provision that is considered to be valid and enforceable and whose interpretation will be as close as possible to the intent of the invalid provision.
    2. We have the right to employ third parties to partially perform our duties, if we are of the opinion that this is necessary for the due exercise of our Services. Sections 7:404 of the Dutch Civil Code (DCC) (performance of service by a specific person) 7:407 paragraph 2 DCC (joint liability) and 7:409 DCC (death of a particularly assigned service provider) are not applicable.
    3. You are not allowed to assign or transfer any rights and obligations on account of us or the Terms without prior written approval of us. We do not need your consent if we want to transfer our rights or obligations to a third party.
  9. Applicable law and disputes
    1. The Terms and the use of the website are governed by the laws of the Netherlands. Notwithstanding this choice of law, you are entitled to the protection afforded to you by the mandatory law of your country of residence.
    2. We always hope to work out any dispute you have with us amicably. If that does not work out, you can file a claim to court. Please find below to which court you can bring a claim:
      1. if you are resident of a member state of the European Union or Denmark then you can bring a claim in your home country or to the court of Amsterdam, the Netherlands;
      2. if you are a resident outside of the European Union or Denmark, the court of Amsterdam, the Netherlands has exclusive jurisdiction to hear your case to the extent permitted by mandatory local (consumer) law.