The perfect wedding planners
The perfect wedding planners: user of these general terms and conditions namely Sara Broekhuis-Rothstein, trading under the name “The perfect wedding planners”, established in Eindhoven, Lakerstraat 32, 5613 ES and registered in the trade register under Chamber of Commerce number 75100495.
Client: the other party of The perfect wedding planners being the person who has commissioned The perfect wedding planners to organize a wedding, or in whose name The perfect wedding planners organizes a wedding, event, anniversary, marriage proposal or engagement party or makes a reservation to that effect . Until an agreement has been concluded, the client is also referred to as the applicant.
Agreement: the agreement from service contract.
Article 1 – GENERAL
1.1 These terms and conditions apply to all offers from The perfect wedding planners as well as to all agreements and all other legal relationships between Bridesmaid and 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 in these general terms and conditions are invalid or should be declared void, the remaining provisions of these general 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. The applicability of any conditions applied by the Client is expressly rejected by The perfect wedding planners. These terms and conditions take their place.
Article 2 – CONCLUSION AND CONTENT OF THE AGREEMENT
2.1 The first quotation issued is mutually free of obligation, no rights can be derived from printing, typing errors and typing errors as well as from mutilated quotations.
2.2 Quotations, unless otherwise stated in the quotation or otherwise agreed, have a validity period of two weeks from the date stated on the quotation.
2.3 An offer consisting of various parts does not oblige The perfect wedding planners to execute part of the offer at the price stated for that part in the offer.
2.4 The Agreement between The perfect wedding planners and the Client is established upon receipt of The perfect wedding planners of an offer signed by the Client.
2.5 If The perfect wedding planners has started the execution and / or adjustment of a quotation at the request of the Client, but no contract of engagement has been concluded between the parties, the Client is obliged to reimburse the costs incurred by The perfect wedding planners. The costs incurred are, inter alia, research costs intended to obtain more information than what is described in the quotation, costs for site visits, conversations on location with the applicant and the like.
2.6 In the event that the Agreement is concluded between Bridesmaid 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 data and documents which The perfect wedding planners require in accordance with its judgment for the correct and timely execution of the assignment, timely and in the form and manner desired by The perfect wedding planners to The perfect wedding planners made available.
3.2 The client must ensure that The perfect wedding planners are 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 The perfect wedding planners, even if they originate from or from third parties. The perfect wedding planners is not liable for damage of any nature whatsoever, because The perfect wedding planners in the implementation of the Agreement relied on incorrect or incomplete information provided by the Client.
3.4 Unless the nature of the assignment dictates otherwise, the Client will deploy the personnel support deemed necessary by The perfect wedding planners or have it deployed in order to enable The perfect wedding planners 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 making the requested data, documents, facilities and / or staff available, not on time or not properly, are at the expense of the Client. In addition, The perfect wedding planners have the right to suspend the performance of the Agreement in those cases.
3.6 If the Client directs the deployment of additional (personnel) support for the implementation of the Agreement, this must be notified in writing to The perfect wedding planners at least 3 weeks before the deployment must take place. This extra bet will be charged on the basis of the agreed hourly rate excluding travel and accommodation costs.
3.7 The client must ensure on the day of the wedding a healthy meal for The perfect wedding planners and any third parties they may have engaged. If the wedding or party location is more than an hour from the home of The perfect wedding planners, then the perfect wedding planners will charge the costs of a hotel stay to the Client. Before booking a hotel there will be coordination between The perfect wedding planners and the Client about this.
3.8 The client gives permission to The perfect wedding planners 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 portfolio of The perfect wedding planners.
3.9 If the Client itself contracts suppliers, all agreements with all these suppliers must be in writing at the latest 2 weeks prior to the wedding. If that proves not to be the case or if major changes take place, The perfect wedding planners will charge an amount of € 175 for this, including VAT per commitment or change.
Article 4 – IMPLEMENTATION OF THE AGREEMENT
4.1 The perfect wedding planners are only obliged to execute the Agreement after receipt by The perfect wedding planners of the quotation signed by the Client and payment of the first 40% of the agreed amount as referred to in Article 7.1.
4.2 If and insofar as the proper execution of the agreement requires, The perfect wedding planners has the right to call in the help 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. Those 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 The perfect wedding planners, since the involvement of a third party directly or indirectly in the execution of the assignment can have significant influence. have the possibilities of The perfect wedding planners to execute the assignment correctly.
4.6 The styling materials that The perfect wedding planners make available remain the property of The perfect wedding planners with the exception of (fresh) flowers. If these materials are not returned fully and / or undamaged to The perfect wedding planners, the Client must reimburse the replacement value to The perfect wedding planners.
Article 5 – MODIFICATION OF 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 work to be performed, 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, The perfect wedding planners will inform the client about this in advance.
5.3 The perfect wedding planners reserve the right – if more than three months have passed since the conclusion of the agreement – to increase the stipulated price as a result of legally imposed price increases and unexpected reasonably necessary higher costs. The perfect wedding planners are obliged to inform and explain these price changes to the Client as soon as possible.
5.4 In addition, The perfect wedding planners may increase the agreed amount if, during the execution of the work, it appears that the originally agreed or expected amount of work was insufficiently estimated to such an extent when the Agreement was concluded, and this is not attributable to The perfect wedding planners, that the agreement cannot reasonably be expected from The perfect wedding planners perform work at the originally agreed amount. The perfect wedding planners will in that case inform the client of the intention to increase the amount. The perfect wedding planners will state the size and date on which the increase will take effect.
Article 6 – HONORARY
6.1 The fee of The perfect wedding planners does not include expenses from The perfect wedding planners and does not include statements from third parties engaged by The perfect wedding planners.
6.2 The transport costs incurred by The perfect wedding planners for the implementation of the Agreement within the Netherlands 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 nature of the assignment. For the (full) organization of a wedding, both at home and abroad, the agreed amount is invoiced in three parts: 40% upon the conclusion of the Agreement, 40% halfway through the planning of the wedding and 20% the wedding week before the wedding. In a wedding advice meeting, the agreed amount is fully invoiced (100%) after it has taken place.
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 The perfect wedding planners.
7.3 After the day of the wedding, the client may receive an additional invoice based on actual costs, for costs not previously invoiced and any credit or debit arising from changes to the Agreement.
7.4 Any objections to (the amount of) an invoice do not suspend the payment obligation for the uncontested part of the invoice.
7.5 Client who fails to pay in time is legally in default from the expiry of the payment term, without further notice of default being required. From that moment on, The perfect wedding planners will claim:
- the statutory interest (or an interest rate to be determined by yourself) from the due date to the complete payment;
- if the Client is a consumer the extrajudicial costs in accordance with the Decree Reimbursement for Extrajudicial Collection Costs, as referred to in Article 6:96 paragraph 4 of the Dutch Civil Code. These costs are increased by the VAT due on this, depending on whether the Client can settle the sales tax;
- if the Client is a legal person, or a natural person acting 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;
Article 8 – INVESTIGATION, COMPLAINTS AND COMPLAINTS
8.1. Complaints must be submitted within 1 week after discovery and at the latest within 4 weeks after the day of the wedding, in writing and with sufficient motivation to The perfect wedding planners. The notice of default must contain as detailed a description as possible of the shortcoming, so that The perfect wedding planners is able to respond adequately.
8.2 The perfect wedding planners must be given the opportunity to check the submitted advertisements. If the complaint is correct in its opinion and if it still performs the agreed work is no longer possible or useful, The perfect wedding planners will only be liable within the limits of Article 10.8.3 Complaining in time does not relieve the Client of its (payment) obligations under the Agreement.
Article 9 – DISSOLUTION, TERMINATION AND SUSPENSION OF THE AGREEMENT
9.1 The perfect wedding planners has the right to terminate 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 business and furthermore if the safety of in the opinion of The perfect wedding planners, guests, staff and / or contracted suppliers are insufficiently guaranteed or in the event of improper use of the materials provided.
9.2 If the Agreement is dissolved, the Bridesmaid’s claims against the Client are immediately due and payable. If Bridesmaid suspends the fulfillment of the obligations, it will retain its rights under the law and the Agreement.
9.3 The client is obliged to take out a wedding insurance, unless the parties expressly agree otherwise in writing.
9.4 If the Client cancels or cancels an agreement in whole or in part, the agreed fee and the costs incurred by Bridesmaid, including the reimbursements to the third parties referred to in Article 4.2, will be fully reimbursed by the Client as a result of this cancellation with a minimum of 75 % if canceled up to 8 weeks before the day of the wedding; 90% if canceled 3 to 8 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 The perfect wedding planners will perform their work to the best of their ability and thereby take the care that may be expected from a reasonably competent and reasonably acting colleague. If a mistake is made because the Client has provided incorrect or incomplete information to The perfect wedding planners, The perfect wedding planners 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 The perfect wedding planners that would have been avoided with careful action, The perfect wedding planners is only liable for direct damage and up to the agreed fee. The perfect wedding planners is never liable for damage of any kind resulting from actions 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 terms and conditions; – any reasonable costs incurred to establish The perfect wedding planners’ failure to comply with the agreement, if these can be attributed to The perfect wedding planners; – 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 The perfect wedding planners is not liable for indirect damage, including consequential damage, lost profit, lost savings, damage due to business interruption, costsarising from a conviction in litigation costs, interest and / or delay damage, damage as a result of the lack of cooperation and / or information from the Client, and / or damage due to non-binding information or advice given by The perfect wedding planners, the content of which is not explicitly part of forms the written Agreement.
10.4 If The perfect wedding planners engages one or more third parties as referred to in article 4.2 in the implementation of the Agreement, then the perfect wedding planners is never liable for any errors made by these third parties. If a third party has limited his or her liability, then The perfect wedding planners has the authority to also accept that limitation of liability on behalf of the Client.
10.5 The perfect wedding planners 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, The perfect wedding planners or third parties.
Article 11 – INDEMNITY
11.1 The client indemnifies The perfect wedding planners against claims from third parties for damage caused by the fact that the client has provided incorrect or incomplete information to The perfect wedding planners, unless the client demonstrates that the damage is not related to acts or omissions attributable to or attributable to the client. caused by intent or gross negligence of The perfect wedding planners and unless any mandatory (inter) national law or regulation does not allow such a provision.
11.2 The client indemnifies The perfect wedding planners against claims from third parties with regard to intellectual property rights on materials or data provided by the client, which are used in the execution of the agreement.
11.3 The client indemnifies The perfect wedding planners 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 The perfect wedding planners with information carriers, electronic files or software etc., the Client guarantees that the information carriers, electronic files or software are free of viruses and defects.
Article 12 – FORCE MAJEURE
12.1 The perfect wedding planners is not obliged to fulfill any obligation under the Agreement if it is prevented from doing so due to force majeure. Force majeure means: any shortcoming that cannot be attributed to The perfect wedding planners. 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 qualified as force majeure.
12.2 The perfect wedding planners will inform the client in writing as soon as possible about the force majeure, unless The client’s address has not been made known to The perfect wedding planners, nor can it reasonably be known. The Client will then be informed of the force majeure orally as soon as possible.
12.3 To the extent that The perfect wedding planners at the time of the occurrence of force majeure have in part fulfilled their obligations under the Agreement or will be able to fulfill them, and that the fulfilled or to be fulfilled part is assigned independent value, The perfect wedding planners is entitled to fulfill the already fulfilled respectively after declare the part to be invoiced 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.
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 this is stated 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, The perfect wedding planners is obliged to provide confidential information to a third party designated by law or the competent court, and The perfect wedding planners cannot invoke legal or the perfect wedding planners acknowledged or allowed by the competent court, then The perfect wedding planners is not obliged to pay compensation or compensation and the Client is not entitled to terminate the Agreement on the basis of allegedly suffered and suffered damage as a result.
Article 14 – INTELLECTUAL PROPERTY
14.1 The perfect wedding planners 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 or can enforce copyright or other intellectual property rights.
14.2 The Client is prohibited from reproducing products, including computer programs, system designs, working methods, advice, (model) contracts and other mental products of The perfect wedding planners, all in the broadest sense of the word, whether or not with the involvement of third parties. , to disclose or exploit. Reproduction and / or disclosure and / or exploitation is only permitted after obtaining written permission from The perfect wedding planners.
Article 15 – DISPUTES
15.1 Disputes between The perfect wedding planners and the Client are submitted to the competent court of the place of establishment of The perfect wedding planners.
15.2 The client has the right, within one month after The perfect wedding planners 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 The perfect wedding planners and the Client.