Terms and Conditions
General terms and conditions of Bootuitjes.nl in Amsterdam, in which the agreements with Clients and third parties to be concluded within the framework of its members’ business operations are regularly filed with the Chamber of Commerce in Amsterdam.
Article 1 Definitions
In these general terms and conditions of sale, and in an agreement to which they apply, the following terms have the following meanings:
1.1 Client: the (legal) person who has given the Contractor an order for advice on, organization of, or performance of an event or any other service or activity that falls within the Contractor’s business operations.
1.2 Contractor: the other party of the Client and the user of the present general sales conditions.
1.3 Agreement: an agreement between the Contractor and the Client for advice on, organization of or implementation of an event (or to another within the business operations
services or activity falling from the Contractor), the additions and / or changes to the aforementioned agreements agreed in writing and all (legal) acts in preparation for the aforementioned agreements.
1.4 Starting time: The date and / or time when the event to be organized and / or to be performed by the Contractor under the agreement (or any other service or activity that falls within the Contractor’s business operations) takes place or commences, or – in case of developing concepts – the date of delivery of the concept. If it is included in the agreement that several (sub) events / (sub) activities are organized and / or carried out within the framework of the agreement, the date and / or date of each (sub) event / (sub) activity is always the starting date. time at which the (sub) event / (sub) activity takes place or commences.
1.5 In writing: sending notices by regular mail, registered letter, fax or email message, as well as the provision of written notices, at the expense and risk of the sender.
1.6 Contract sum: The amount that is charged by the Contractor to the Client for the execution of the agreement, including amounts charged by third parties to the Contractor and / or other claims from third parties and excluding turnover tax.
1.7 Artist: any Artist (in the broadest sense), speaker or musician, alone or in a group, who has undertaken to give a performance to the contractor.
1.8 Employee: every natural person who performs or will perform work for the Client through the intervention of the Contractor. Employee (s) includes (but is not limited to) employees of the Contractor and on-call workers, freelancers, artists, actors and models engaged by the Contractor.
Article 2 Applicability of the conditions
2.1 These general terms and conditions apply to every request made by the Client to the Contractor to make an offer, to the offer to be made by the Contractor, to orders from the Client and to all Agreements to be concluded and concluded by the Contractor with the Client or for (legal) actions to be performed and / or performed for this purpose, including agreements that the Contractor concludes with third parties in this regard.
2.2 If the Client has not rejected the applicability of the general terms and conditions of the Contractor in writing within five working days after the declaration of applicability of those terms and conditions by the Contractor and the Contractor has reached this message (within the same five working days), the Client will be deemed the applicability of the general terms and conditions of the Contractor to have accepted. The Contractor explicitly rejects the appeal to and / or the applicability of general terms and conditions other than its own general terms and conditions.
2.3 Terms (or additional terms) deviating from the general terms and conditions of the Contractor only apply if and insofar as they have been expressly accepted in writing by an authorized representative of the Contractor.
2.4 If a provision of the present terms and conditions of sale (and / or any further agreed deviating / additional clause) proves to be null or void, this shall not affect the validity of the other provisions of the present terms and conditions of sale (and any further agreed terms). In this case, the terms and conditions of sale (and agreements yet to be agreed) will be replaced by a provision that is as close as possible to the intention of the parties for the void or voided provision.
Article 3 Quotation, order, assignment and engagement of Third Parties
3.1 All offers, quotations, cost estimates, etc. of the Contractor, both separately and in price lists, made verbally, in writing, by telephone, by fax, by e-mail or in any other way, are without obligation and can therefore be revoked by the Contractor.
3.2 All information and / or specifications provided with an offer, etc., are always approximate and are only binding for the Contractor if this is expressly and in writing stipulated in that offer, etc.
3.3 If an offer, etc. from the Contractor has not been followed by a written order or an order by e-mail and has been confirmed by the Contractor, within 14 days (or, insofar as this is the case, the period explicitly indicated in that offer, etc.). , it has expired.
3.4 Even after acceptance of the offer by the Client, the Contractor reserves the right to revoke the order or order placed with it without any form. Such a revocation will take place immediately after receipt of the acceptance by the Contractor.
Article 4 Delivery of goods
4.1 Delivery of goods takes place at the agreed place at the agreed purchase price. Unless expressly agreed otherwise in writing, the purchase price of the goods does not include the costs of transport, insurance, hoisting and hoisting, hiring temporary facilities, etc.
4.2 The risk of loss, theft and damage to the goods is transferred to the Client upon delivery to the Client. If, for the purpose of delivery, whether or not at the request or instruction of the Client, a carrier is used, the risk of loss, theft and damage of the goods already transfers to the Client at the time of delivery of the goods to the transporter.
4.3 The Contractor will package the goods in accordance with the usual standards applicable to it. If the Client requires a special manner of packaging, the associated additional costs will be for its account. The Client will act with packaging released with the products delivered by the Contractor in a manner that is in accordance with the applicable government regulations. The Client indemnifies the Contractor against claims for non-compliance with such regulations.
Article 5 Responsibility of the Client
5.1 If the Contractor concludes an agreement with two or more persons or legal persons (so that there are several Clients), whereby these legal or natural persons owe the same performance (s) to the Contractor, each of these legal or natural persons is jointly and severally liable. liable for the fulfillment of the obligations arising for them from that agreement towards the Contractor.
5.2 The Client undertakes to take all risks associated with its activities and / or actions and / or omissions in connection with the performance of the assignment, including the activities and / or actions and / or omissions it has engaged. insure third parties as far as possible. In any case, the Client is obliged to take out regular AVB insurance and, if applicable, professional liability insurance. Furthermore, the Client undertakes to ensure that the aforementioned insurances include co-insured the employee (s) engaged by the Contractor in the performance of the agreement and the goods made available by the Contractor. The Client is obliged to provide the Contractor with copies of the policies of the aforementioned insurance policies upon first request.
5.3 Unless otherwise agreed, the Client will ensure at its own expense sufficient measures to guarantee the safety of artists, employees and visitors to an event / activity organized or performed under an agreement. If agreements have already been made about the aforementioned measures, the Contractor is nevertheless entitled to impose additional requirements, if changed circumstances (such as, for example, the increased popularity of an artist) make this necessary.
5.4 If the Client takes or has taken insufficient measures to guarantee the safe execution of an event / activity, the Contractor is entitled to cancel the event / activity in whole or in part, without the Client being able to claim any compensation or discount. on the contract amount agreed with the Contractor.
5.5 The Client is responsible for the payment of the Buma rights. See also article 13.4.
5.6 The statement by the Client of (the correctness of) sizes, specifications and / or other information related to the execution of the agreement is at the risk of the Client.
5.7 The Client is at all times responsible for all advertisements made in connection with the execution of the agreement, promotional expressions (including but not limited to advertisements), developed promotional concepts or ideas, invitations to events / activities, etc., regardless of whether the Client the Contractor has been advised on this and also regardless of whether this has been carried out in whole or in part by the Contractor.
5.8 The client itself must ensure the permission of third parties or permits that are required for the execution of an agreement, unless agreed otherwise in writing.
5.9 The Client itself is responsible for the acts and omissions of visitors to an event / activity organized or carried out by the Contractor under an agreement.
5.10 The Client indemnifies the Contractor against all claims from third parties (including, but not limited to, participants in and visitors to events / activities) in connection with or in connection with the execution of the agreement, which damage suffered by these third parties, unless (and insofar as) this damage is solely the result of intent or gross negligence on the part of the Contractor or its managers.
Article 6 Responsibility Contractor
6.1 The contractor is entitled to engage third parties in the performance of the assignment.
6.2 In the event of storage and use, processing and processing of goods entrusted to the Contractor by or on behalf of the Client, the Contractor must use the same care that it uses in respect of its own goods.
6.3 Notwithstanding the further limitations of liability in the following articles 6.4 to 6.8, the Contractor is not liable for any shortcomings in the performance of any offer and / or agreement, nor for any wrongful act, unless (and insofar as this is the result of intent or gross negligence on the part of the Contractor and / or its managers.
6.4 The Contractor never accepts any liability for – the content of – advice it has given in connection with the performance of the agreement, which has been followed up by the Client. These advices are entirely at the expense and risk of the Client. The word “advice” in this provision should be read in the broadest sense.
6.5 The Contractor is never liable for indirect damage, consequential damage and trading loss.
6.6 The Contractor is never liable for damage caused by (a shortcoming or unlawful act / omission of) executing service providers and / or suppliers, including the personnel of those service providers and / or suppliers, which the Contractor has in connection with or for the benefit of the implementation. of – part of – the agreement.
6.7 In any case, the total liability of the Contractor is limited to a maximum of the contract amount of the Contractor or the contract amount that can reasonably be expected of the Contractor.
6.8 The limitations and exclusions of liability included in Articles 6.2 to 6.7 above also apply to employees of the Contractor and / or third parties engaged by the Contractor.
6.9 Notwithstanding and without prejudice to the provisions in the liability limiting provisions included in Articles 6.3 to 6.8 above, any liability of the Contractor will in any case be limited to the amount for which cover is provided under the liability insurance taken out by the Contractor for the relevant damage. (and only insofar as the insurer actually makes a payment). In any case, the Contractor cannot be held liable for more and / or other damage than that for which the liability insurance provides cover.
Article 7 Complaints and claims
7.1 All complaints and or claims must be made by registered letter, under penalty of forfeiture of rights, within two months after:
– delivery of goods and / or services for the activities organized by the Client; – the advice on / the organization of / the realization of written agreements (including the additions and / or changes, as well as all (legal) acts in preparation for that agreement) for the activities organized by the Client; – the moment at which the defect with regard to the activities organized by the Contractor or the goods and / or services supplied by the Contractor could reasonably have been established.
7.2 Complaints about invoices must also be submitted in writing within 20 days of the invoice date.
Article 8 Retention of title and right of retention
8.1 The Contractor remains the owner of the goods delivered by it until full payment by the Client of all claims of the Contractor has taken place, this to ensure payment of all claims. Claims include claims in connection with the fulfillment of the agreement and claims with regard to interest, fines and collection costs of the Contractor against the Client.
8.2 The client is not authorized to pledge the goods falling under the retention of title or to encumber them in any other way.
8.3 If third parties seize goods delivered under retention of title or wish to establish or assert rights thereon, the Client is obliged to immediately inform the Contractor thereof.
8.4 The Client undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion damage and water damage as well as against thefts and to provide the policy of these insurances to the Contractor at the request of the Contractor.
8.5 Goods delivered by the Contractor that fall under the retention of title may only be resold in the context of normal business activities and may never be used as a means of payment.
8.6 The Contractor is entitled to suspend the delivery of all that it holds in the context of the execution of an agreement until all its claims have been paid, or until the Client has provided security for payment of the claims.
Article 9 Force of the majority
9.1 Circumstances beyond the control and / or the fault of the Contractor which are of such a nature that compliance with the agreement can no longer reasonably be demanded, or can no longer be required in full, from the Contractor, which entitles it to dissolve the agreement in whole or in part and / or suspend the execution thereof without any obligation to pay compensation (and with retention of the payment obligations of the Client as stipulated in article 12.3 below).
9.2 The circumstances that justify an appeal to ascendancy, as referred to in the previous paragraph of this article, include: weather conditions that are such as to obstruct the performance of the agreement; incomplete, and / or delayed delivery of the suppliers; war and danger of war; full and partial mobilization; import and export bans; measures by Dutch and / or foreign government bodies that make the execution of the agreement more inconvenient and / or more expensive than was foreseen when the agreement was concluded; special social events, including but not limited to national mourning, which the Contractor can reasonably decide that the event / service / activity cannot take place; strikes and / or company occupations. epidemics. traffic disruptions. loss or damage during transport. fire. theft. failures in energy supply. defects in machines, everything both in the company of the Contractor and from third parties from whom the Contractor must purchase all or part of the required materials, raw materials or semi-finished products; and furthermore all other causes arise outside the will and / or actions of the Contractor.
9.3 Only in the event that the Client concerns a natural person who does not act in the exercise of a profession or business, the Contractor may, in derogation from Articles 9.1 and 9.2, only invoke ascendancy if the requirements referred to in Article 75 of Book are met. 6 of the Civil Code, which means that force ascendancy exists if the shortcoming is not due to the fault of the Contractor and is not for the account of the Contractor under the law, legal act or prevailing views.
Article 10 Suspension and cancellation
10.1 The Client is not entitled to setoff and / or suspension of any payment, except insofar as the Client is a natural person who does not act in the course of a profession or business.
10.2 The Client is entitled to cancel the (partial) event / the service / the (partial) activity without further motivation, provided that the following percentage of the contract amount agreed for full performance of the agreement (or – in the case of an agreement related to at several sub-events / sub-activities as referred to in the last sentence of Article 1.4 – the part thereof associated with the relevant sub-event / sub-activity concerned) will be reimbursed by the Client, unless agreed otherwise in writing: a) in the event of postponement or cancellation of no more than 100 days before the starting moment, at least 50% of the full order amount; in case of postponement or cancellation in the period between 100 days and 25 days before the starting moment, at least 75% of the full contract amount; in case of postponement or cancellation up to 25 days before the starting moment, at least 90% of the full order amount. in case of postponement or cancellation up to 5 days before the start date, 100% of the full order amount.
Article 11 Price, billing and payment
11.1 Unless agreed otherwise in writing, the agreed price is in Euro, exclusive of turnover tax and any other government levies.
11.2 Changes, including additional costs in the original assignment of whatever nature, made by or on behalf of the Client, that cause higher costs than those that could be counted on in the quotation, will be charged extra to the Client.
11.3 If the client accepts the offer from the client, the contractor will send an invoice of at least 75% of the total amount after the return receipt of the signed copy of the confirmation form. This invoice must be paid by the client within 21 days after the invoice date and in any case before the date that the event is to take place. If this is not the case, the client can be denied access. Unless expressly agreed otherwise in writing, payment must be made within 21 days of the invoice date. The Contractor is entitled to agree on prepayment and furthermore entitled to demand prepayment, even if this has not been agreed if the Contractor can have reasonable doubts about the Client’s solvency. This is the case, among other things, when the Client has been seized and when the Client fails to pay several creditors on time.
11.4 If no payment has been made within the aforementioned 21 days after the invoice date, the Client will owe interest equal to the statutory interest, whereby part of a month will be counted as a full month. All judicial and extrajudicial costs incurred by the Contractor in the context of an attributable shortcoming on the part of the Client will be reimbursed by the Client to the Contractor as damage due to that shortcoming. The extrajudicial costs are deemed to be at least 15% of the amount to be claimed by the Contractor from the Client, with a minimum of € 40.00.
11.5 The final invoice, adjusted to the topicality and after deduction of the advance, must be paid within 21 days of the invoice date, failing which the Client will be in default by operation of law.
Article 12 Termination and dissolution
12.1 Without prejudice to any further rights vested in the Contractor, the Contractor is entitled to dissolve the agreement in whole or in part by means of a written statement without further notice of default if: – the Client is in default with the fulfillment of one or more obligations from the agreement; – The client has been declared bankrupt, has applied for a (provisional) suspension of payment, the application of the Natural Persons Debt Rescheduling Act has come into force, his company has been shut down or has been wound up, a substantial amount has been seized. part of his assets or he transfers his business to third parties.
12.2 In case of dissolution, the risk of goods already delivered remains with the Client. The goods are then at the disposal of the Contractor and must be collected by the latter.
12.3 If the Contractor (or a third party engaged by it) at the time of the dissolution (including in this regard also termination and suspension as referred to in Article 9.1) already performances for the implementation of the agreement has performed, these services and the related payment obligation on the Client towards the Contractor will not be the object of reversal. Amounts that the Contractor has invoiced before the dissolution or amounts that the Contractor will still invoice after the dissolution in connection with what it had already performed or delivered in implementation of the agreement prior to that dissolution will therefore remain owed in full and the moment of dissolution immediately due and payable.
Article 13 Intellectual property rights
13.1 The Client will at all times respect all existing or future intellectual property rights and related rights of the Contractor, or its possible licensors, including but not limited to all copyright, patent, trademark and database rights relating to the website of the Contractor, folder material, or other material that belongs to or comes from the Contractor.
13.2 The Client acknowledges that, unless otherwise agreed in writing, the Contractor is entitled or becomes entitled to all current and future intellectual property rights and related rights (insofar as these do not belong to third parties), including but not limited to authors, patents, trademarks, databases related rights, which rest on or which are related to all objects, materials, works, performances, etc. that the Contractor develops, has developed and / or makes available in the context of the (performance of the) Agreement. The same applies to all ideas, proposals, concepts, methods, etc. developed by the Contractor under the Agreement.
13.3 The Client is only entitled to use the objects, materials, works, performances, ideas, proposals, concepts or methods referred to in Articles 13.1 and 13.2 within the Client’s company and only insofar as this use is logically and reasonably related to the relevant event / the relevant service / activity.
13.4 No sound or video recordings of an event / activity or an Artist acting under the Agreement will be made without the Contractor’s permission. The Client will at all times respect any rights of third parties on the objects, materials, works, performances, ideas, proposals, concepts or methods used in the context of the execution of the Agreement. Any license fees for the (further) use of these objects, materials, works, performances, ideas, proposals, concepts or methods, including but not limited to claims by collective debt collection organizations such as BUMA / STEMRA and SENA, are not included in the Fee, unless expressly agreed otherwise in writing, and are for the account of the Client.
13.5 Unless agreed otherwise in writing, the Client will not (or will not allow) any ideas, proposals, concepts or methods of the Contractor or third parties that are related to (the implementation of) the Agreement or the products or services supplied under it, whether or not elaborated. ), or by performing an event / service / repeat.
13.6 The Client indemnifies the Contractor against claims of third parties, of whatever nature, that are related to any (alleged) infringement of the rights referred to in Articles 13.1 to 13.5 by the Client, its employees, third parties engaged by it, or visitors to and from participants in events / activities initiated by him.
13.7 By making materials or works of any kind available to the Contractor under the Agreement, the Client gives unconditional permission to the Contractor to use these materials and works in any way, insofar as this is for a proper execution of the Agreement reasonably required
- The Client guarantees that the materials and works provided to the Contractor do not infringe any rights of third parties and indemnifies the Contractor against claims of any kind from third parties in this respect.
13.8 The Contractor is at all times entitled to (further) exploit or otherwise use all ideas, proposals, concepts, methods, etc. that relate to or ensue from the Agreement and the products or services supplied under it. The Contractor is at all times entitled to use publicity, in the broadest sense of the word, for its own benefit with products or services supplied to the Client and with the materials and works provided by the Contractor.
13.9 The Client will not (do) register intellectual property rights or domain names that are in any way related to the (performance of the) Agreement or the products or services supplied under it, the trade names, brands or (future) activities of the Contractor, without the Contractor’s prior written permission. Contractor or companies affiliated with Contractor.
Article 14 Disputes
14.1 The IDEA Dispute Settlement Scheme applies to disputes between the Contractor and the Client, in which it is determined, among other things, in which cases the IDEA Disputes Committee is competent. The IDEA dispute settlement is available on the Contractor’s website.
14.2 Dutch law applies to the legal relationships between the Contractor and the Client, at least to all acts performed by the Contractor, including the agreements concluded by it.
Electronic data traffic appendix to general terms and conditions of sale This appendix is an integral part of the applicable general terms and conditions of sale. Article 1 E-mail messages
1.1 In the context of these general terms and conditions and all agreements, an e-mail message can be equated with the written statement.
1.2 In the event of a dispute about whether or not e-mails are received or sent, the Contractor’s log file data will provide compelling evidence.
1.3 E-mail messages are deemed to have been received if they are accessible to the other party, including in any case the moment they have reached the mailbox of the receiving party.
Article 2 Telecommunication facilities
2.1 The party that uses telecommunication facilities is responsible for the selection thereof. If the Contractor uses telecommunication facilities, if the data is mutilated or the transmission is delayed during transport, the Contractor will be liable for the resulting damage, without prejudice to the other provisions of the general terms and conditions of delivery, but only if and insofar as this damage occurs. can be recovered from the relevant telecom operator.
Article 3 Materials and digital information
3.1 All materials and digital information that relate to the assignment and that must be made available to the Contractor in this context, will be transferred to the Client on the Client’s first request, but only after the Client has fulfilled all its obligations to the Contractor. . The costs for the required data carriers are for the account of the Client. The same applies to the Client with regard to materials and digital information from the Contractor, unless otherwise agreed.
Article 4 Data and files
4.1 These conditions apply to the Contractor’s website and to all services offered via the site.
4.2 The Contractor will treat the Client’s data in strict confidence. These are not made available to third parties, unless the Contractor is legally obliged to do so, or if this is necessary for the delivery of the services. The Contractor naturally complies with the applicable privacy regulations.
4.3 If the Client provides data to the Contractor, these data will be recorded in a file. If the Client places an order via the Contractor’s website, the Contractor registers those orders by name. The Client’s data will not be made available to a third party, unless necessary to fulfill the Client’s order.
4.4 The file containing the Client’s orders is also used to make personal offers to the Client, unless the Client indicates via the site that it objects to this. The file can also be used for statistical analysis and personal analysis.
4.5 A number of the Contractor’s files, in accordance with the provisions of the Personal Data Protection Act, can be registered with the Dutch Data Protection Authority in The Hague. The holder of the file is the Contractor in The Hague. The relevant registration forms can be viewed at www.cbpweb.nl/structure/pag_reg.htm.
4.6 The Contractor also makes use of a statistical program that registers how often the Contractor’s website is visited; via which links this happens, etc. The Contractor uses “cookies” for this. These are small files that are downloaded by the Client’s computer when the Client visits the Contractor’s website. The data that the Contractor obtains in this way remain anonymous. If the Client so wishes, the Client can disable this function as follows: Disable cookies in Internet Explorer: 1: Go via “Start” and “Settings” to the control panel 2: Double click on “Internet options” 3: Click on the tab “ Security ”4: At the“ Security level ”for this zone, move the slider all the way up. Internet Explorer no longer accepts cookies. Client can delete old cookies by emptying the folder C: WindowsTemprary Internet files. Disable cookies in Netscape Navigator: 1: Open Netscape Navigator 2: Go via the “Edit” menu to “Preferences” 3: Click on “Advanced” 4: Click on the checkbox for the option “Disable cookies” 5: Click on “OK “. Netscape no longer accepts cookies. The Client can delete old cookies by deleting the file “Cookies.txt” in the Netscape folder.
4.7 The Contractor points out to the Client that it cannot be prevented that third parties can register the frequency with which the Client visits the Contractor’s website, for example.
Article 5 Security
5.1 Information that the Client provides to the Contractor with regard to bank account numbers or credit cards is sent over the network via a secure protocol. The other registration and orders are not sent securely
5.2 The Contractor has a virus check carried out daily, to ensure as much as possible that the Contractor’s website is and remains virus-free. However, the contractor cannot guarantee the virus freedom of the site.
Article 6 Prices, offers and promotions
6.1 The Contractor’s offers that are stated on the Contractor’s website are available from the Contractor. 6.2 The contractor reserves the right to adjust promotional conditions in the interim and to withdraw offers.
Article 7 Information via the Contractor’s website
7.1 Information that the Client finds on the Contractor’s website has been compiled with great care. However, the contractor cannot guarantee that the information on the site is complete and correct at all times. As a user, the client is responsible for its decisions and related actions based on the information.
7.2 Information on the Contractor’s website is adjusted from time to time. This also applies to the terms and conditions that apply to other services offered through the site. The changed conditions will take effect as soon as they are stated on the site.
7.3 If the Client finds errors on the Contractor’s website, the Contractor will greatly appreciate this if the Client reports this via its customer service.
7.4 The Contractor’s website contains links to websites of third parties. The Contractor selects the websites to which reference is made as carefully as possible. However, the Contractor cannot guarantee the content and functioning of the websites of third parties.
Article 8 Conclusion of the agreement
8.1 An agreement concluded remotely via the internet between the Client and the Contractor is concluded when the Client has received proof of approval from the Contractor electronically.