TrouwenTexel: User of these terms and conditions, namely Sophie Brügemann, trading under the name "TrouwenTexel"; established in Texel at Warmoesstraat 2a and registered in the trade register under Chamber of Commerce number 68571887
Client: The counterparty of TrouwenTexel being the person who has given the assignment to TrouwenTexel to organize a wedding, or in whose name TrouwenTexel organizes a wedding, event, anniversary, marriage proposal or engagement party or makes a reservation for this. Until an agreement has been concluded, the client is also referred to as the applicant.
Agreement: The agreement for the service contract
Artikel 1 – GENERAL
1.1 These terms and conditions apply to all offers from TrouwenTexel as well as to all agreements and all other legal relationships between TrouwenTexel and the Client, including the amendments thereof, to the extent that these terms and conditions have not been deviated from in writing.
1.2 If one or more provisions of these terms and conditions are void or should be destroyed, the remaining provisions of these terms and conditions remain fully applicable and in force.
1.3 Any deviations from these general terms and conditions are only valid if they have been explicitly agreed in writing between the parties. TrouwenTexel explicitly rejects the applicability of any conditions applied by the Client. These terms and conditions take their place.
2.1 - The first quotation issued is mutually free of obligation, no rights can be derived from printing, typing errors and typographical errors as well as mutilated quotations.
2.2 Quotations, unless otherwise stated in the quotation or otherwise agreed, are valid for two weeks from the date stated on the quotation.
2.3 A quotation consisting of different parts does not oblige TrouwenTexel to make a part of the quotation at the price stated for that part in the quotation.
2.4 The agreement between TrouwenTexel and the Client is established upon receipt of TrouwenTexel from an offer signed by the Client
2.5 If TrouwenTexel has commenced with the execution and / or adjustment of an offer at the request of the Client, but no contract of assignment has come to an end between the parties, the Client is obliged to reimburse the costs incurred by TrouwenTexel. The costs incurred are, inter alia, research costs intended to obtain more information than what is described in the quotation, costs for location viewings, conversations on location with the applicant and the like.
2.6 In the event that the Agreement is concluded between TrouwenTexel and several Clients, then all Clients are jointly and severally liable for all obligations arising from the Agreement.
Article 3 - COOPERATION BY THE CLIENT
3.1 The Client must ensure that all information and documents that TrouwenTexel requires in accordance with its judgment for the correct and timely execution of the assignment given are made available to TrouwenTexel in a timely manner and in the form and manner desired by TrouwenTexel.
3.2 The Client must ensure that TrouwenTexel is immediately informed of facts and circumstances that may be important in connection with the correct execution of the assignment.
3.3 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 TrouwenTexel, even if these originate from or from third parties. TrouwenTexel is not liable for damage, of any nature whatsoever, because TrouwenTexel based the agreement on incorrect or incomplete information.
3.4 Unless otherwise ensured by the nature of the assignment, the Client will use personnel support deemed necessary by TrouwenTexel or have it deployed in order to enable TrouwenTexel to perform the work. If specific personnel support is necessary, this will be agreed and recorded in the agreement. The client must ensure that the personnel support has the right skills and experience to be able to perform the work.
3.5 The extra costs and extra fees arising from the delay in the execution of the assignment, caused by not, not timely or not properly, making available the requested data, documents, facilities and / or personnel are at the expense of the Client. . Moreover, TrouwenTexel has the right to suspend the execution of the Agreement in those cases.
3.6 If the Client directs the deployment of extra (personnel) support for the implementation of the Agreement, this must be notified to TrouwenTexel in writing at least 4 weeks before the deployment must take place. This extra effort is charged on the basis of the agreed hourly rate excluding travel and accommodation costs.
3.7 The Client must arrange for a healthy meal for TrouwenTexel and any third parties engaged by Trouw on the day of the wedding. If the wedding or party location is more than an hour's drive from the residence of TrouwenTexel, TrouwenTexel will charge the costs of a hotel stay to the Client. Before booking a hotel there will be coordination between TrouwenTexel and the Client about this.
3.8 The Client gives TrouwenTexel permission to use the visual material - in the broadest sense of the word and with due regard for the rights of its possible creator - for the benefit of the TrouwenTexel portfolio.
3.9 If the Client itself contracts suppliers, then all agreements with all these suppliers must be in writing at least 4 weeks prior to the wedding. If that proves not to be the case or if major changes take place, TrouwenTexel will charge an amount of € 175 for this, including VAT per commitment or change.
Article 4 - IMPLEMENTATION OF THE AGREEMENT
4.1 TrouwenTexel is only obliged to execute the Agreement, after receiving an offer signed by TrouwenTexel and payment of the first 40% of the agreed amount as referred to in article 7.1.
4.2 If and insofar as proper performance of the Agreement requires this, TrouwenTexel has the right to call in the assistance of third parties for the implementation of the Agreement.
4.3 The costs for the assistance of third parties and the costs related to the facilities reasonably required by those third parties will be borne by the Client. These costs are not included in the amount agreed between the parties, unless explicitly agreed otherwise in writing.
4.4 Persons other than those referred to in Article 4.2, such as suppliers, are engaged by and at the expense of the Client, unless the parties expressly agree otherwise in writing.
4.5 If the Client wishes to involve third parties in the execution of the assignment, he will only proceed to do so after having reached agreement with TrouwenTexel, since the direct or indirect involvement of a third party in the execution of the assignment can have a significant impact on the possibilities of TrouwenTexel to execute the assignment correctly.
4.6. The styling materials made available by TrouwenTexel remain the property of Trouwentexel with the exception of (fresh) flowers. If these materials are not returned fully and / or undamaged to TrouwenTexel, the Client must compensate TrouwenTexel for the replacement value.
4.7. The styling materials that the bridal couple deliver to TrouwenTexel. is Trouwentexel can not be held responsible. for missing items, broken items ect. This responsibility lies with TrouwenTexel.
Article 5 - AMENDMENTS TO THE AGREEMENT
5.1 If during the execution of the assignment it appears that for a proper execution it is necessary to change or supplement the activities to be notified, the parties will adjust the agreement accordingly in a timely manner and in consultation.
5.2 If the change to and / or the supplement to the agreement will have financial and / or qualitative consequences, TrouwenTexel will inform the Client of this in advance.
5.3. Trouwen Texel reserves the right - if more than three months have passed since the conclusion of the agreement - to increase the stipulated price as a result of literally imposed price increases and unexpected reasonably necessary higher costs. TrouwenTexel is obliged to inform and explain these price changes to the Client as soon as possible.
5.4 Moreover, TrouwenTexel may increase the agreed amount if, during the execution of the work, it appears that the originally agreed or expected amount of work was not sufficiently estimated at the conclusion of the Agreement and that TrouwenTexel cannot reasonably be blamed for this. van TrouwenTexel may be expected to perform the agreed work at the originally agreed amount, in that case TrouwenTexel will notify the Client of the intention to increase the amount. TrouwenTexel will state the handling of and the date on which the increase will take effect
Article 6 - HONORARY
6.1 The fee of TrouwenTexel is exclusive of expenses of TrouwenTexel and excluding invoices from third parties engaged by TrouwenTexel.
6.2 The transport costs incurred by TrouwenTexel for the implementation of the Agreement within the Netherlands but outside of Texel are charged on the basis of actual costs on the final invoice on the basis of € 0.45 per kilometer driven.
Article 7 - PAYMENT
7.1 The agreed amount will be invoiced in various ways depending on the assignment. With the (full) organization of a wedding, both at home and abroad, the agreed amount will be invoiced in two parts: € 500.00 upon conclusion of the Agreement, the remaining amount one month before the wedding.
7.2 Payment by the Client must take place within 14 days after the invoice date, unless otherwise agreed in writing between the Client and TrouwenTexel.
7.3 After the day of the wedding, the Client may receive an additional invoice on the basis of actual costs, for costs not previously invoiced and any credit other than debiting arising from a change to the Agreement.
7.4 Any saving against (the amount of) an invoice does not suspend the payment obligation for the uncontested part of the invoice.
7.5 Client who fails to pay on time is legally in default from the expiry of the payment term, without further notice of default being required. From that moment TrouwenTexel will claim:
the statutory interest (or an interest rate to be determined by yourself) from the due date until full payment;
• if the Client is a consumer, the extrajudicial costs are in accordance with the Decree Reimbursement for extrajudicial Collection costs, as stated in Article 6:96, paragraph 4 of the Dutch Civil Code. These costs are increased by the VAT due on this, depending on the Client whether this sales tax can be offset;
• if the Client is a legal person, or a natural person who acts in the exercise of a profession or business, the extrajudicial costs, which costs amount to 15% of the principal sum owed with a minimum of € 200.00
AArticle 8 - INVESTIGATION, COMPLAINTS AND COMPLAINTS
8.1 Complaints must be submitted to TrouwenTexel in writing and with sufficient motivation within 1 week after discovery and at the latest within 4 weeks after the day of the wedding. The notice of default must contain as detailed a description as possible of the shortcoming, so that TrouwenTexel is able to respond adequately.
8.2 Marriage Texel must be enabled to check the submitted complaint. If the complaint is correct in its opinion and if it is no longer possible or useful to carry out the agreed work, TrouwenTexel will only be liable within the limits of Article 10.8.3. Complaining in time does not relieve the Client of the rest of the payment (payment ) obligations under the Agreement.
Article 9 - DISSOLUTION, TERMINATION AND SUSPENSION OF THE AGREEMENT
9.1 TrouwenTexel has the right to cancel or terminate the Agreement, without thereby becoming liable to pay damages to the Client if, in its opinion, the content of the Agreement may harm the interests and / or good name of its company and furthermore if the safety of guests, staff and / or contracted suppliers, in the opinion of TrouwenTexel, there is insufficient guarantee that he will make improper use of the materials provided.
9.2 If the Agreement is dissolved, the claims of TrouwenTexel on the Client are immediately due and payable. If TrouwenTexel suspends the fulfillment of the obligations, it retains its rights under the law and the Agreement.
9.3 The client has the option of taking out a wedding insurance policy.
9.4 If the Client cancels or cancels an agreement in whole or in part, the agreed fee and the costs incurred by TrouwenTexel, including the reimbursement to the third parties referred to in Article 4.2, will be fully reimbursed by the Client with a minimum of 80% as a result of this cancellation. 16 weeks before the day of the wedding; 95% if canceled 3 to 16 weeks before the day of the wedding and 100% if canceled in the last 3 weeks before the day of the wedding or if canceled on the day of the wedding.
Article 10 - LIABILITY
10.1 Getting married Texel will be able to perform its work to the best of its ability, taking into account the care that may be expected from a reasonably competent and reasonably acting colleague. If an error is made because the Client has provided TrouwenTexel with incorrect or incomplete information, TrouwenTexel is not liable for the resulting damage. If the Client demonstrates that it has suffered damage as a result of an error on the part of TrouwenTexel that would have been avoided by careful action, TrouwenTexel is only liable for direct damage and up to the agreed fee. TrouwenTexel is never liable for damage of any kind as a result of acts or omissions of the supplier (s) directly engaged by the Client.
10.2 Direct damage is exclusively understood to mean: - the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these conditions; - any reasonable costs incurred to establish TrouwenTexel's failure to comply with the agreement, if these can be attributed to TrouwenTexel; - 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.
10.3 Trouwen Texel is not liable for indirect damage, including consequential damage, lost profit, lost savings, damage due to business stagnation, costs resulting from sentencing in litigation costs, renre- and / or delay damage, damage due to weather conditions, damage as a result of providing defective cooperation and / or information from the Client, and / or damage due to informal information or advice given by TrouwenTexel, the content of which does not explicitly form part of the written Agreement.
10.4 If TrouwenTexel engages one or more third parties as referred to in article 4.2 in the implementation of the Agreement, TrouwenTexel is never liable for any errors made by these third parties. If a third party has limited his or her liability, TrouwenTexel has the authority to accept that limitation of liability on behalf of the Client.
10.5 TrouwenTexel 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, TrouwenTexel or third parties.
Article 11 - INDEMNITY
11.1 The Client indemnifies TrouwenTexel against claims from third parties for damage caused by the fact that the Client has provided TrouwenTexel with incorrect or incomplete information, unless the Client demonstrates that the damage is not related to acts or omissions by the Client being attributable or caused by intent or gross negligence of TrouwenTexel and unless any mandatory (inter) national law or regulation does not allow such a provision.
11.2 The Client indemnifies TrouwenTexel against claims from third parties with regard to intellectual property rights on materials or data provided by the Client that are used in the execution of the agreement.
11.3 The client indemnifies TrouwenTexel against claims from third parties as referred to in article 4.2 and from claims from third parties as referred to in article 4.4
11.4 If the Client provides TrouwenTexel with information carriers, electronic files or software ect. Client guarantees that the information carriers, electronic files or software are free of viruses and defects.
Article 12 - FORCE MAJEURE
12.1 TrouwenTexel is not obliged to fulfill any obligation on the basis of the Agreement, they are prevented from doing so due to force majeure. Force majeure means: any shortcoming that TouwenTexel cannot be attributed to. Attribution does not take place if the shortcoming is not due to its fault, nor is it for account of law, legal act or generally accepted opinion. Illness and / or an accident, theft. fire, weather, traffic restrictions, power failures and the like are going validated as force majeure.
12.2 TrouwenTexel will inform the Client in writing as soon as possible about the force majeure, unless TrouwenTexel's address has not been made known to TrouwenTexel, nor can it reasonably be known. The Client will then be informed orally of the force majeure as soon as possible.
12.3 To the extent that TrouwenTexel has at the time of the occurrence of force majeure partly fulfilled its obligations under the Agreement or can already fulfill it, and that the fulfilled or to be fulfilled part is assigned value independently, TrouwenTexel is entitled to fulfill or to fulfill the already fulfilled declare part separately to the Client. Client is obliged to pay this invoice as if it were a separate agreement and with due observance of the provisions of these general terms and conditions.
walificeerd als overmacht.
Article 13 - CONFIDENTIALITY
13.1 Both parties are obliged to maintain the confidentiality of all confidential information that they have received from each other or from another source in the context of the Agreement. Information is considered confidential if dot has been communicated by the other party or if this results from the nature of the information.
13.2 If, on the basis of a legal provision or a court ruling, TrouwenTexel is obliged to provide confidential information to a third party designated by law or the competent court, and TrouwenTexel cannot rely on a legal or competent court in this regard acknowledged or permitted right of non-disclosure, TrouwenTexel is not obliged to pay compensation or compensation and the Client is not entitled to terminate the Agreement on the basis of laboriously applicable money and damage to be suffered.
Article 14 - INTELLECTUAL PROPERTY
14.1 TrouwenTexel reserves all intellectual property rights with regard to products of the spirit which it uses and / or has used and / or develops and / or has developed in the context of the implementation of the Agreement, and with regard to which it has has or can enforce copyright or other intellectual property rights.
14.2 The Client is prohibited from reproducing those products, including computer programs, system designs, working methods, advice, (model) contracts and other mental products of TrouwenTexel, all in the broadest sense of the word, whether or not with the involvement of third parties. disclose or exploit. Reproduction and / or disclosure and / or exploitation is only permitted after obtaining written permission from TrouwenTexel.
Article 15 - DISPUTES
15.1 disputes between TrouwenTexel and the Client are submitted to the competent court of the place where TrouwenTexel is established.
15.2 The client has the right within one month after TrouwenTexel has appealed to him against paragraph 1, to settle the dispute by the competent court according to the law.
Article 16 - APPLICABLE LAW
16.1 Dutch law applies to every legal relationship between TrouwenTexel and the Client.