Terms and conditions 'Lavandula Events'
Definitions
User
The user of the general terms and conditions, namely “Lavandula Events”, having its registered office in Barendrecht, Van den Broekveld 10, registered in the trade register under KvK number Rotterdam 60146087.
Client
By client is meant the other party who gives the order to organize (and/or support) a wedding/ (corporate) event, or in whose name “Lavandula Events” organizes a wedding, anniversary or (corporate) event or makes a reservation for that purpose, until an agreement has been concluded “client” is also called “applicant”.
Supplier
Supplier is defined as the party who in the course of his/her business offers/supplies goods and/or services of a wedding or (corporate) event to be organized by “Lavandula Events”.
Agreement
The agreement to provide services, in the form of a signed offer or order confirmation, by the client.
Article 1 – General 1.1. These conditions apply to all offers and quotes of “Lavandula Events” as well as to agreements concluded with the client(s) and/or suppliers of services and/or goods for the organization and/or execution of weddings, in the broadest sense of the word, insofar as these conditions have not been deviated from in writing. 1.2. If one or more provisions of these general terms and conditions are invalid or may be annulled, the other provisions of these general terms and conditions will remain in force.
Article 1 – General
1.1. These conditions apply to all offers and quotations of “Lavandula Events” as well as to agreements concluded with client(s) and/or suppliers of services and/or goods for the purpose of organizing and/or performing weddings, in the broadest sense of the word, insofar as these conditions have not been deviated from in writing.
1.2. Should one or more provisions of these general terms and conditions be null and void or destroyed, the remaining provisions of these general terms and conditions will remain fully applicable.
1.3. The client accepts the applicability of these general conditions, by entering into an agreement with “Lavandula Events” or participating at/by or on behalf of the client in a wedding/activity of “Lavandula Events”.
14. The applicability of any purchase or other conditions of the client is expressly rejected if not otherwise agreed in writing.
Article 2 – Conclusion and content of agreement
2.1. The first offer issued is mutually free of obligation, no rights can be derived from printing errors, misprints and slips as well as from mutilated offers.
2.2. Quotations shall, unless otherwise apparent from the quotation or agreed otherwise, be valid for two (2) weeks from the date stated on the quotation.
2.3. The prices given in said quotations shall include 21% VAT and other government levies.
2.4. The agreement between ‘Lavandula Events’ and the client is concluded by receipt of the signed agreement of ‘Lavandula Events’ by the client. As long as the order confirmation has not been returned, ‘Lavandula Events’ reserves the right to deploy its (staff capacity) elsewhere. The order confirmation is deemed to reflect the agreement correctly and completely.
2.5. The Agreement replaces and supersedes all previous proposals, correspondence, agreements or other communications, whether written or oral.
2.6. The agreement is entered into for an indefinite period of time, unless it follows from the content, nature or provision of the assignment given that it was entered into for a definite period of time.
2.7. A compound quotation does not oblige ‘Lavandula Events’ to carry out part of the assignment at a corresponding part of the quoted price.
2.8. Offers and quotations do not automatically apply to future assignments.
Article 3 – Cooperation by the client
3.1 “Lavandula Events” will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of a good wedding planner. All this on the basis of the then known state of science.
3.2. If and insofar as a proper execution of the agreement requires, “Lavandula Events” has the right to have certain activities carried out by third parties.
3.3. The client must ensure that “Lavandula Events” is informed without delay of facts and circumstances that may be important in connection with the correct execution of the order.
3.4 “Lavandula Events” is not liable for damages, of any nature whatsoever, because “Lavandula Events” has relied on incorrect and/or incomplete data supplied by the client.
3.5 Unless the nature of the assignment dictates otherwise, the client is responsible for the accuracy, completeness and reliability of the data and documents made available to “Lavandula Events”, even if they originate via or from third parties.
Article 4 – Modification of the agreement
4.1. If during the execution of the agreement it appears that for a proper execution it is necessary to change or supplement the work to be done, parties will timely and in consultation adapt the agreement accordingly.
4.2. If the amendment and/or supplement to the agreement will have financial and/or qualitative consequences, ‘Lavandula Events’ will inform the client in advance. If applicable, an additional agreement will be established.
4.3. Notwithstanding paragraph 4.2, “Lavandula Events” will not be able to charge any additional costs if the amendment and/or supplement is the result of circumstances that can be attributed to “Lavandula Events”.
4.5. “Lavandula Events” reserves the right to pass on legally imposed price increases and unexpected reasonably necessary higher costs that take place between order confirmation and execution to the client. “Lavandula Events” is obliged to notify and explain these price changes to the client as soon as possible.
4.6 Furthermore, ‘Lavandula Events’ is entitled to increase the agreed amount on the offer if, during the execution of the work, it appears that the originally agreed or expected amount of work was underestimated to such an extent when the agreement was concluded, and this is not attributable to ‘Lavandula Events’, that ‘Lavandula Events’ cannot reasonably be expected to carry out the agreed work for the originally agreed amount. ‘Lavandula Events’ will in that case notify the client of the intention to increase the amount. ‘Lavandula Events’ will state the scope of and the date on which the increase will take effect.
Article 5 – Terms of delivery
5.1 If the client does not take delivery of the delivered services before or at the agreed time of the wedding/event, the order will still be charged according to the agreement, possibly increased by the costs for damages suffered and/or additional expenses incurred by “Lavandula Events”.
5.2 The request by the client to change the delivery dates can only be made by mutual agreement and after written confirmation by “Lavandula Events”. All costs resulting from this modification shall be borne by the client.
5.3 If within the term of the agreement for the completion of certain work by a supplier the deadline is exceeded, then under no circumstances is “Lavandula Events” liable for the consequences of any kind.
Article 6 – Payment
6.1. At the conclusion of the agreement, an advance payment of 50% of the quoted amount is made by the client. This amount must be paid within the stipulated period of 14 days after the invoice date, unless otherwise agreed in writing between the client and “Lavandula Events”. The client will receive a second invoice for the second part of the amount of 50% of the quoted amount 1 month before the wedding. This amount must be paid no later than 7 days from the invoice date. The working hours are based on subsequent calculation, if it appears that the wedding planner is in danger of going over the quoted amount, the client will be informed well in advance. These costs will be invoiced to the client by mutual agreement. Any objections to the amount of the invoices do not suspend the payment obligation for the uncontested part of the invoice.
6.2. The client who fails to pay on time shall be in default by operation of law, without further notice of default being required. “Lavandula Events” is entitled to claim additional compensation for all costs already incurred in relation to the agreement and is authorized to charge the legal interest, counting from the day the default commences until the day of payment.
6.3. In case of liquidation, bankruptcy, attachment or suspension of payment of the client, the claims of “Lavandula Events” on the client are immediately due and payable.
6.4. “Lavandula Events” is entitled to use the payments made by the client firstly to reduce the costs, then to reduce the interest that has fallen due and finally to reduce the principal sum and the current interest.
6.5. If client is in default and/or fails to fulfill one or more of his obligations, all costs incurred to obtain payment out of court shall be borne by client. If client remains in default in the timely payment of a sum of money, he forfeits an immediately payable fine of 25% on the amount due. This with a minimum of € 250.00 and without prejudice to VAT and without prejudice to possible legal costs and enforcement costs.
6.6. Client shall owe interest on the collection costs incurred.
Article 7 – Examination, complaints and claims
7.1. Complaints should be submitted to “Lavandula Events” in writing and sufficiently substantiated within five working days at the latest, after the date of the wedding or event that took place. The notice of default should contain as detailed a description of the shortcoming as possible, so that the user is able to respond adequately.
7.2. If the subsequent performance of the agreed work is no longer possible or useful, the client will only be liable within the limits of Article 9 liability.
Article 8 – Dissolution, termination and suspension of the agreement
8.1. “Lavandula Events” has the right at all times to terminate the agreement, without becoming liable to pay damages to the client if, in its opinion, the content of the agreement can harm the interests and/or good name of its company and furthermore if, in the opinion of “Lavandula Events”, the safety of guests, personnel and/or contracted suppliers is insufficiently guaranteed or in the event of improper use of the materials made available.
8.3. If the agreement is dissolved prematurely, the claims of ‘Lavandula Events’ on the client are immediately due and payable. If ‘Lavandula Events’ suspends fulfilment of the obligations, it retains its claims under the law and the agreement.
8.4 ‘Lavandula Events’ strongly advises the client to take out a wedding insurance policy and, when taking out the policy, to read the general conditions of the insurance policy carefully, and/or to discuss them with the insurer.
8.7. Should the client cancel or cancel all or part of an agreement, then agreed fees and costs incurred by “Lavandula Events”, including fees to third parties mentioned in article 2, as a result of this cancellation will be reimbursed in full by the client with a minimum of 75% for cancellation up to 8 weeks before the day of the wedding; 90% for cancellation 3 to 8 weeks before the day of the wedding and 100% for cancellation in the last 3 weeks before the day of the wedding, or for cancellation on the day of the wedding.
Article 9 – Liability
9.1 ‘Lavandula Events’ will carry out its work to the best of its ability, exercising the care that can be expected of ‘Lavandula Events’. ‘Lavandula Events’ is an intermediary for all services relating to suppliers and will therefore never sign third party contracts, as ‘Lavandula Events’ is not responsible for supplier contracts. If an error is made because the client has provided ‘Lavandula Events’ with incorrect or incomplete information, ‘Lavandula Events’ is not liable for the resulting damage. If the client proves that he has suffered damage as a result of an error on the part of ‘Lavandula Events’ that would have been avoided if he had acted with due care, ‘Lavandula Events’ is only liable for direct damage up to a maximum amount of € 2,500.
9.2 Direct damage is exclusively understood as:
- The reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage in the sense of these conditions;
- Any reasonable costs incurred to have the faulty performance of ‘Lavandula Events’ comply with the agreement, in so far as these can be attributed to ‘Lavandula Events’;
- Reasonable costs incurred to prevent or limit damage, insofar as the client demonstrates that these costs have led to the limitation of direct damage as referred to in these General Terms and Conditions.
9.5 The limitation of liability laid down in paragraph 1 of this article is also stipulated on behalf of the third parties engaged by ‘Lavandula Events’ for the execution of the order.
9.6 Employees, interns and/or third parties are not entitled to bind ‘Lavandula Events’ as an entrepreneur in any way. Assignments taken by them are only valid after written confirmation by Natascha Bosman-Lagendijk of ‘Lavandula Events’ herself or an employee authorized in writing and confirmed to you, by Natascha Bosman-Lagendijk of ‘Lavandula Events’. We reserve the right to refuse orders, or supply goods for which we have not given such confirmation.
9.7 ‘Lavandula Events’ is not liable for damage or destruction of documents during transport or during dispatch by post, regardless of whether the transport or dispatch is carried out by or on behalf of the client, ‘Lavandula Events’ or third parties.
Article 10 – Internet use
During the execution of the order, the client and ‘Lavandula Events’ will communicate with each other by electronic mail at the request of either of them. Both ‘Lavandula Events’ and the client acknowledge that the use of electronic mail involves risks such as – but not limited to – distortion, delay and virus. The client and ‘Lavandula Events’ hereby agree not to be liable to each other for any damage that may arise to one or both of them as a result of the use of electronic mail. Both the client and ‘Lavandula Events’ will do everything that can reasonably be expected of each of them to prevent the occurrence of the aforementioned risks. In case of doubt concerning the correctness of the e-mail received by the client or ‘Lavandula Events’, the content of the e-mail sent by the sender is decisive.
Article 11 – Expiry date
11.1 Insofar as the agreement does not stipulate otherwise, rights of action and other powers of the client for whatever reason vis-à-vis ‘Lavandula Events’ expire in any case after the expiry of one year from the moment that a fact occurs that the client can use these rights and/or powers vis-à-vis ‘Lavandula Events’.
Article 12 – Continuation of effect
The provisions of this agreement, which it is the express or implied intention that they shall remain in force even after termination of this agreement, shall thereafter remain in force and continue to bind both parties.
Article 13 – Force majeure
13.1 In these general conditions, force majeure means any shortcoming that cannot be attributed to ‘Lavandula Events’. Attribution does not take place if the shortcoming is not due to its fault, nor by virtue of law, legal act or generally accepted conception. Illness and/or an accident also fall under force majeure.
13.2. ‘Lavandula Events’ will inform the client of the force majeure as soon as possible in writing, unless the address of the client has not been made known to ‘Lavandula Events’, nor can reasonably be known.
13.3 Insofar as ‘Lavandula Events’ has already partially fulfilled its obligations under the agreement at the time the force majeure occurs, and the fulfilled or still to be fulfilled part is of independent value, ‘Lavandula Events’ is entitled to invoice the fulfilled or still to be fulfilled part separately. Client shall be held to pay this statement of expenses as if it were a separate agreement.
Article 14 – Applicable law
14.1 Dutch law is applicable to all agreements between the client and ‘Lavandula Events’.
14.2 With regard to all disputes arising from this agreement, the court of the domicile of ‘Lavandula Events’ is competent, unless on the basis of the law, another court has mandatory jurisdiction.
Article 15 – Confidentiality
15.1. Both parties are obliged to keep confidential all confidential information they have obtained from each other or from other sources in the context of their agreement. Information is considered confidential if this has been communicated by the other party or results from the nature of the information.
15.2. If, on the grounds of a statutory provision or a judicial decision, user is obliged to disclose confidential information to third parties designated by law or by the competent court, and user cannot in that respect invoke a right to refuse to give evidence, acknowledged or permitted by law or by the competent court, user will not be obliged to pay damages or compensation and the other party will not be entitled to dissolve the agreement on the grounds of any damage resulting from that
Article 16 – Intellectual property
16.1 “Lavandula Events” reserves all intellectual property rights with regard to products of the mind which it uses or has used and/or develops and/or has developed within the framework of the execution of the order, and in respect of which it holds or can enforce the copyrights or other rights of intellectual property.
16.2 The client is expressly prohibited from reproducing, publishing or exploiting those products, including computer programs, system designs, working methods, advice, (model) contracts and other intellectual products of “Lavandula Events”, in the broadest sense of the word, with or without the involvement of third parties. Reproduction and/or publication and/or exploitation is only permitted after written permission has been obtained from “Lavandula Events”.
