Terms and conditions

Algemene voorwaarden [Experience More Weddings & Events]

The sole proprietorship Experience more Weddings& Events, located at 3742vs Baarn, on the Wulpstraat, registered in the Commercial Register of the Chamber of Commerce under number KvK – 82596263, hereinafter referred to as “Joined", is affiliated with Stichting Trouwbranche Nederland, the trade association for wedding industry suppliers in the Netherlands. Stichting Trouwbranche Nederland is registered in the Trade Register of the Chamber of Commerce under number the use of these general terms and conditions is reserved for organizations that are affiliated with Stichting Trouwbranche Nederland.

1. General

1.1. In these general terms and conditions it is understood that:

1.1.1. Joined: Connected (see above);

1.1.2. Date: the date referred to in Article 4.1 of these terms and conditions;

1.1.3. Parties: Affiliate and client together;

1.1.4. Price: the fee to be paid by the client to the affiliate for the work to be performed by the affiliate, as further described in Article 6 of these general terms and conditions;

1.1.5. Client: any person who wishes to conclude, concludes or has concluded an agreement with an affiliate;

1.1.6. Agreement: the agreement concerning the activities to be performed by the affiliate on behalf of the client;

1.1.7. Reservation fee: the remuneration referred to in Article 4.3 et seq.of these general terms and conditions;

1.1.8. (carry) Work: the goods and/or services to be delivered by the affiliate, as well as all other services owed by the affiliate to the client.

1.2. These general terms and conditions apply to, and form an integral and inseparable part of, all offers, quotations, agreements with and work performed by the affiliate, as well as all other legal relationships between the affiliate and the client.

1.3. The client accepts the applicability of these general terms and conditions by, among other things, requesting an offer or quotation from the affiliate, entering into an agreement with the affiliate and giving an order to perform work to the affiliate.

2. Quotes and offers

2.1. Quotations and offers are published by the affiliate only in writing or electronically.

2.2. Quotations and offers from affiliates are valid for 14 days, unless the parties agree otherwise. Parties can agree on both a longer and a shorter period of validity of an offer.

3. Agreement

3.1. An agreement is concluded because the client agrees in writing with a quotation or offer from the affiliate. The affiliate will confirm the conclusion of the agreement to the client (which is not a constitutional requirement for the agreement).

3.2. An agreement is also concluded Because, but not earlier than that, affiliated oral agreements with the client are recorded in writing and shared with (and thereby confirmed to) the client.

4. Date & Reservation Fee

4.1. In consultation with the client, the affiliate reserves a date on which the affiliate will perform or must have performed its activities, namely the date. If the parties have not agreed on a date, the wedding date of the client shall apply as the date

4.2. At the request of the client, the date can be changed. Changing the date can only be done in consultation and with the approval of the affiliate. Changing the date involves reserving a new / different date.

4.3. For the reservation of a (changed) date, the client always owes a fee to the member: the reservation fee.

4.4. The date is a target date for affiliates, not a ‘hard deadline’. The date therefore includes an effort commitment and no result commitment for the affiliate. This is only different if the parties explicitly agree otherwise.

4.5. Only after payment of the reservation fee is the reservation of the date final. Only from then on is the affiliate obliged to (strive to) perform or have performed his activities on the date.

4.6. In the event of a change of date, in addition to payment of the reservation fee, the client is also obliged to reimburse the affiliate for all costs arising from or related to the change of date, insofar as those costs amount to more than the reservation fee due by the client in connection with the change of date.

4.7. The parties always agree on the amount of the reservation fee by mutual agreement. If the parties have not made any agreements in this regard, the amount of the reservation fee is 15% of the price.

4.8. The reservation fee for the first date reserved by the affiliate for the client is included in the price (See Article 6). Any other reservation fee(s) owed by the client will be invoiced separately.

4.9. The reservation of a (changed) Date always concerns a separate agreement between the parties: this is not part of the agreement. After the affiliate has confirmed the - provisional or definitive-reservation of a (changed) date to the client and the client has paid the relevant reservation fee, the parties have fully implemented that agreement and the parties have nothing more to claim from each other in this regard.

4.10. Termination of the agreement (for whatever reason) and change of date does not entitle to the refund or crediting of reservation fee(s).

5. (To be performed) activities

5.1. The affiliate remains the owner of all goods delivered under the agreement as long as the client has not fully fulfilled its payment obligations to the affiliate. The payment obligations of the client towards the affiliate also include everything that the client owes or should owe to the affiliate in connection with the possible failure to fulfill its obligations towards the affiliate.

5.2. The affiliate guarantees that his (Performed) Work meets (complies with) the agreement and, if applicable:

5.2.1. are, at least are, executed with good workmanship; and

5.2.2. are, at least, carried out using sound materials.

5.3. With regard to work that consists of the manufacture of goods for the client, minimal deviations in the work performed with respect to the design, sample, model, specifications, wishes and/or the assignment of the client cannot be objected to. These minimum deviations also do not qualify as a shortcoming in the fulfilment of the obligations arising from the agreement on the part of the affiliate towards the client.

5.4. The affiliate is entitled to carry out the work in the manner as he sees fit. If the parties have made concrete agreements on the manner in which the affiliate is to carry out the work, the affiliate is nevertheless entitled to deviate from those agreements if this is necessary for the proper execution of the agreement. In that case, the parties will soon consult on the consequences of that deviation(s) by the affiliate (such as an increase in the price).

5.5. Additional work is calculated on the basis of the price-determining factors that apply at the time the additional work is performed. Changes in the work to be carried out will in any case result in additional work if:

5.5.1. there is a change in the design or specifications (which is only possible with the consent and approval of the affiliate);

5.5.2. the information provided by the client does not correspond to reality;

5.5.3. estimated quantities differ by more than 5%.

The client is obliged to pay the price of the additional work at the first request of the affiliate.

6. Price and payment

6.1. The price that the client owes to the affiliate for the work performed by the affiliate is agreed in advance and included in the agreement.

6.2. If the parties agree on a variable price, the affiliate will-in the agreement - indicate as accurately as possible on which factors the price depends.

6.3. The prices used by the affiliate are in euros, including VAT and valid throughout the Netherlands.

6.4. The prices used by the affiliate are exclusive of any travel, accommodation, packaging, storage and transport costs.

6.5. The prices used by the affiliate are exclusive of the possible costs for a (one-day) appointment as an extraordinary official of the civil registry (wedding official), at least the possible costs to act as such in the wedding congregation.

6.6. The affiliate may pass on to the client an increase in cost-determining factors that occurred after the conclusion of the agreement. The client is obliged to pay the price increase at the first request of the affiliate.

6.7. The reservation fee for the first date reserved by the affiliate for the benefit of the client (i.e. the date that has not yet been changed at the request of the client) is included in the price (See also Article 4.3).

6.8. When the agreement is concluded, the client owes a deposit to the affiliate. If the parties have not made further agreements on the amount of the deposit, the amount of the deposit is 50% of the price.

6.9. The amount of the deposit must be at least the amount of the reservation fee, since the deposit contains the reservation fee due by the client to the connected party.

6.10. The deposit must be paid by the client within 7 days after the conclusion of the agreement.

6.11. The remainder of the price must be paid in full by the client no later than the day before (the day of) the date. If the payment term of the invoice of the affiliate ends only after the date, then the client is obliged to meet the payment term of the invoice.

6.12. Parties may only deviate in writing and by mutual consent from what is stipulated in this article.

6.13. Costs not included in the agreement are made in consultation with the client. As soon as the amount of these costs-not included in the agreement - is clear, the client will receive a separate invoice for these costs. This invoice must be paid in full within 14 days of the invoice date.

6.14. Payments must be made to the account number indicated by the affiliate.

6.15. Regardless of whether the affiliate has fully performed the agreed performance, everything that the client owes to him under the agreement is or will be immediately due and payable if:

6.15.1. a payment term has been exceeded;

6.15.2. if one of the cases listed in Article 9.3 occurs, with the understanding that ‘other party’ ‘client’ must be read.

7. Warranty

7.1. The client is only entitled to a guarantee if and insofar as a guarantee claim arises from the mandatory legal provisions applicable to the agreement and/or the work performed. This is with the proviso that the affiliate is not liable for defects in the work performed that are the result of:

7.1.1. normal wear;

7.1.2. improper use or lack of care on the part of the client;

7.1.3. not or improperly performed maintenance;

7.1.4. installation, assembly, modification or repair by the client or by third parties;

7.1.5. defects or unsuitability of goods originating from or prescribed by the client;

7.1.6. defects or unsuitability of materials or tools used by the client.

7.2. No guarantee is given on:

7.2.1. Delivered items that were not new at the time of delivery;

7.2.2. The inspection and repair of matters of the client.

7.3. The subscriber determines the method and time at which he will implement the guarantee.

7.4. The affiliate is only obliged to give effect to the guarantee if the client has fulfilled all his obligations.

8. Suspension

8.1. The affiliate is entitled to suspend the fulfilment of its obligations arising from or in connection with the agreement (including invoking the right of retention of the affiliate), if and for the duration that the client does not fulfil its payment obligations towards the affiliate in whole or in part. The payment obligations of the client towards the affiliate shall also include all that the client owes or should owe to the affiliate in connection with the failure to fulfil its payment obligations.

8.2. The member is entitled to a suspension on the basis of the provisions of the previous paragraph, regardless of whether the suspension results in the member not performing or having performed its activities on the date. It is not relevant whether the date concerns a target date or a fixed date (deadline), nor is it relevant whether the date concerns the day of the wedding of the client.

8.3. The suspension of the fulfilment of its obligations arising from or related to the agreement by the affiliate on the basis of the above article paragraphs or the law cannot lead to the affiliate (attributable) falling short in the fulfilment of its obligations and cannot lead to any compensation obligation on the part of the affiliate.

8.4. The suspension of the fulfilment of its obligations arising from or in connection with the agreement by the affiliate on the basis of the above article paragraphs or the law does not in any way release the client from its payment obligations.

8.5. If the affiliate no longer suspends the fulfillment of its obligations arising from or in connection with the agreement, the parties will enter into consultations regarding the further implementation of the agreement. If the date has now passed or, in the exclusive opinion of the affiliate, it is no longer possible to carry out or have carried out the work on the date, the parties will reserve a new date in consultation.

9. Termination and cancellation

9.1. Termination of the agreement by the affiliate on the basis of Article 6:265 of the Dutch civil code, can take place with immediate effect and without legal intervention.

9.2. Except in the event and insofar as its liability cannot be excluded on the basis of mandatory legal provisions, the affiliate is never obliged to pay any compensation for damage or compensation for costs in connection with the termination of the agreement-on whatever grounds.

9.3. The parties may terminate the agreement with immediate effect, without judicial intervention and without giving reasons if:

9.3.1. the other party dies or ceases its business operations;

9.3.2. the bankruptcy of the other party is requested or the other party is declared bankrupt;

9.3.3. the other party (natural person) makes the request to be admitted to the legal debt restructuring or is placed under guardianship;

9.3.4. the other party requests (provisional) suspension of payment or the other party is granted (provisional) suspension of payment;

9.3.5. conservatorship or enforcement seizure is imposed on a substantial part of the movable and/or immovable property of the other party.

9.4. The client can only cancel the agreement under the following conditions.

9.5. The cancellation of the agreement must be made in writing.

9.6. In case of cancellation of the agreement, the client owes one of the following payments/amounts to the affiliate:

9.6.1. 35% of the price if canceled more than 90 days before the date;

9.6.2. 50% of the price in case of cancellation longer than 60 days but no longer than 90 days before the date;

9.6.3. 70% of the price in case of cancellation longer than 30 days but no longer than 60 days before the date;

9.6.4. 100% of the price in case of cancellation no longer than 30 days before the date and on the day of the date itself.

9.7. If the client has already paid more to the affiliate at the time of the cancellation than what the client owes to the affiliate on the basis of the previous article paragraph, the affiliate will refund the more within 14 days after cancellation to an account number to be specified by the client.

9.8. The client does not have the right of cancellation referred to above if the agreement complies and/or the work to be performed under the agreement meets one of the descriptions in Article 6:230p of the Dutch civil code. The compliance or non-compliance with one of the descriptions in Article 6:230p of the Dutch Civil Code must be assessed solely on the basis of the performance(s) due under the agreement: it must be abstracted from the question of whether the client is a consumer.

9.9. The parties are otherwise only entitled to terminate the agreement on the basis of applicable mandatory legal provisions.

9.10. Termination of the agreement never results in an obligation for the affiliate to refund the reservation fee(s) paid by the client. The reservation fee(S) are part of other-separate - agreement(s) between the parties (see article 4.9). The fact that the reservation fee relating to the first (still unchanged) date reserved for the client is included in the price does not affect the above:

Upon termination of the agreement, the affiliate remains entitled in any case to that part of the price that concerns the reservation fee.

9.11. The above does not affect the mandatory rights of the client who is a consumer (see, among other things, Article 6:230O of the Dutch civil code).

10. Majeure

10.1. Force majeure is understood to mean: any circumstance reasonably independent of the will of the affiliate, which prevents or substantially complicates the fulfillment of the agreement by the affiliate in whole or in part, permanently or temporarily, such as, at least as well as insofar as this does not include: war; danger of war; lightning strike; flood; exceptional and / or extreme weather fire; natural violence; riot; strikes; transport problems; traffic jams; diversions; death; illness (e.g. of the member himself or his employees); epidemics, pandemics and/or outbreaks (examples: COVID-19, SARS, bird flu, Q fever, mad cow disease); national and/or regional quarantine and/or other (government)measures in the context of diseases, epidemics, pandemics and / or outbreaks; worker exclusion; disruptions within the company of affiliates or their suppliers; third parties engaged by affiliates that do not or do not fulfill their obligations in a timely manner; terrorist acts; cybercrime; disruption of digital infrastructure; power outage; theft or loss of tools, materials or information; work stoppages; import or trade restrictions, as well as any other circumstances that could possibly be considered as force majeure.

10.2. A shortcoming in the fulfillment of its obligations cannot be attributed to the affiliate if this shortcoming is the result of force majeure.

10.3. The affiliate is entitled to suspend the fulfilment of its obligations arising from or in connection with the agreement if and for as long as there is force majeure, which suspension cannot then lead to the affiliate being attributably deficient in the fulfilment of the agreement.

10.4. If the affiliate cannot (temporarily) reasonably fulfill its obligations arising from or related to the agreement as a result of force majeure, or if the affiliate suspends its obligations on the basis of force majeure, the client is not entitled to (also) suspend the payment of what it has already become owed to the affiliate up to that moment.

10.5. If the force majeure situation has ended, the parties will consult on the further implementation of the agreement. If the date has now passed or, in the exclusive opinion of the affiliate, it is no longer possible to carry out or have carried out the work on the date, the parties will reserve a new date in consultation.

10.6. If there is force majeure and Fulfillment by the affiliate is or becomes permanently impossible, or the temporary force majeure situation has lasted more than six months, the affiliate is entitled to terminate the agreement with immediate effect and without judicial intervention in whole or in part. In those cases, the client is also entitled to terminate the agreement with immediate effect and without judicial intervention, but only for that part of the obligations that has not yet been fulfilled by the affiliate. In all other cases, the termination provided for in Article 9 shall apply.

10.7. Except in the event and insofar as the affiliate cannot exclude its liability on the basis of mandatory legal provisions, the client is not entitled to compensation for damage or compensation for costs resulting from the force majeure, suspension or dissolution referred to in this article.

11. Liability

11.1. Except in the event and insofar as the affiliate cannot exclude its liability on the basis of mandatory legal provisions, for example in the event of intent or gross negligence on the part of the affiliate, the affiliate is not liable for damage caused by or as a result of work performed by the affiliate.

11.2. In case of liability of the affiliate, on whatever basis, the affiliate is only liable for direct damage. The contractor shall never be obliged to pay:

11.2.1. indirect damage and / or consequential damage (such as lost profits, fines, transport costs

and travel and accommodation costs);

11.2.2. damage to (the property of) third parties; and / or

11.2.3. damage caused by intent or deliberate recklessness of auxiliary persons or subordinates of the affiliate.

11.3. Any damages payable by the member are limited in amount to the amount paid out by the insurance taken out by the member. If the affiliate cannot rely on insurance, the amount of compensation to be paid by the affiliate is limited to a maximum of the price of the work to be performed (including VAT).

11.4. The agreement, its content and its implementation (the performance of the work) are based on information provided by the client. The affiliate may assume the correctness and completeness of the information provided to him and is never liable for damage resulting from incorrect information provided by the client.

12. Complaints, disputes, competent court

12.1. The client can no longer invoke a defect in the work performed by the affiliate if he has not complained to the affiliate in writing within 28 days after he has discovered the defect or reasonably should have discovered it.

12.2. The client must have submitted complaints about the invoice, under penalty of forfeiture of all rights, in writing to the affiliate within the payment period. If the payment term is longer than thirty days, the client must have complained in writing no later than thirty days after the invoice date.

12.3. The client must fully and clearly describe his complaint(s) and all underlying circumstances.

12.4. The affiliate will (only) deal with complaints submitted in a timely manner and consult with the client in this regard in order to reach an amicable solution.

12.5. If the parties do not reach an amicable solution, the Dutch civil court of the district in which the affiliate has its place of business is competent to take cognizance of the dispute between the parties, except in the event that the statutory rules of jurisdiction prescribe the jurisdiction of another court.

13. Amendment clause

13.1. The affiliate is entitled to change the general terms and conditions that apply to the agreement unilaterally and without the consent of the client. The changes will be notified to the client in an appropriate manner no later than 1 month before the date on which the changes come into force.

13.2. If the client is a consumer and the amendment of the general terms and conditions results in the client being provided with a service that differs substantially from the original service, the client has the authority to dissolve the agreement as of the date that the amended terms and conditions come into force.

14. Applicable law

14.1. Dutch law applies to these general terms and conditions and the agreement(s) between the parties.

15. Final provisions

15.1. In the event of a conflict between the provisions of the agreement and the general terms and conditions, the provisions of the agreement shall prevail.

15.2. The agreement replaces any previous, oral or otherwise, agreements or understandings between the parties on the same subject.

15.3. The agreement and these general terms and conditions can only be amended, supplemented or replaced with the written and signed approval of both the affiliate and the client.

15.4. Without the prior written consent of the other party, neither party may transfer its rights or obligations arising from or in connection with these general terms and conditions or the agreement (in whole or in part) to a third party. Third parties cannot derive any rights from these general terms and conditions or the agreement.

15.5. "Written" also includes a) messages sent via electronic data traffic, such as e-mails, and B) digitally signed documents.

15.6. The nullity, cancellation or invalidity of one (or more) of the provisions in these general terms and conditions or the agreement, does not affect the validity of the other provisions in these general terms and conditions or the agreement. In the event of nullity, cancellation or invalidity of one (or more) of the provisions in these general terms and conditions or the agreement, the parties are obliged to consult with each other regarding the adoption of new provisions to replace the void, canceled or Invalid provisions, whereby the purpose and purpose of the void, nullified or Invalid provisions (and the general terms and conditions or agreement as a whole) should be retained as much as possible. If any provision is void, voidable or invalid by reason of its scope, that provision shall be deemed to have only such scope as is permitted by law.

15.7. If and insofar as no regulation or provision has been made in these general terms and conditions or the agreement for a certain situation, the parties must consult with each other regarding an addition to these general terms and conditions or the agreement that is in line with the agreements already laid down herein.

15.8. A reference in these terms and conditions to singular words also includes a reference to the plural thereof and vice versa, unless the context otherwise requires.

15.9. The subheadings in these terms and conditions have been inserted to increase readability and do not affect the content and interpretation of these terms and conditions.

15.10. Any sales, purchase or general terms and conditions of the client do not apply to (the execution of) the agreement, unless the parties agree otherwise in writing.

15.11. Neither the failure nor the delay of either party to exercise any right or remedy arising under these terms and conditions, the agreement or the law shall constitute a waiver of that right or remedy by that party. The partial exercise of any right or remedy arising from these terms and conditions, the agreement or the law does not in any way preclude the (subsequent) full exercise of that right or remedy, or the exercise of any other right or remedy.

Algemene voorwaarden van Experience More Weddings & Events

Version 1.1-February 25, 2021