General terms & conditions
Latest update: 21-2-2020
Provider: the provider of the terms and conditions namely Sand+Lace Events.
Sand+Lace Events: Bobbie Karagiannis, trading under the name “Sand+Lace Events”, “Sand+Lace Studio” and “Sand+Lace Exclusive Rentals”, located at Scheemda, Esborgstraat 6, the Netherlands. Registered at the Chamber of Commerce under number: 68463758 and TAX identification number: NL110987986B01.
Other party: the person who has accepted the validity of the terms and conditions, namely: client.
Client: the person who issued the request to organize a wedding, or in whose name Sand+Lace Events commits a reservation for a wedding, ceremony, renewal of the vows, marriage proposal or engagement party to do so. Until an agreement is reached, the client is called applicant.
Contract: the agreement of a service contract.
Article 1 - GENERAL
1.1 These conditions apply to all offers of Sand+Lace Events and agreements concluded with the client(s), including amendments thereto, unless otherwise agreed in writing.
1.2 If one or more provisions of these terms and conditions are invalid or void, the remaining provisions of these terms and conditions remain applicable and effective.
1.3 Any deviations from these general conditions are only valid if they have been expressly agreed in writing between parties. The applicability of any alternate conditions by the client is explicitly rejected by Sand+Lace Events.
Article 2 - CONCLUSION AND CONTENT AGREEMENT
2.1 The first quotation is mutually voluntary. No rights can derived from errors in printing, typography, clerical, and mangled quotes.
2.2 Tenders have, unless stipulated otherwise in the quotation or otherwise agreed, a validations of two weeks, starting on the date mentioned in the offer.
2.3 The contract between Sand+Lace and the client is established by signing the contract and thereby agreeing to the terms and conditions.
2.4 If Sand+Lace Events began at the request of applicant to implement and/ or adaptation of an offer, but no contract is made, applicant is obliged to reimburse the costs incurred by Sand+Lace Events. The costs incurred are inter alia research costs intended to provide more information than is specified in the tender, costs for site visits, interviews on location and similar.
Article 3 - COOPERATION BY THE CLIENT
3.1 Client shall see to it that all information and documents for care, which Sand+Lace Events needs according to his judgement for the timely and proper execution of the assignment, are made available in the by Sand+Lace Events desired form and manner.
3.2 The clients undertakes to ensure that Sand+Lace Events will be informed immediately of facts and circumstances which may be relevant in connection with the proper performance of the contract.
3.4 Unless the nature of the contract provides otherwise, the client is responsible for the correctness, completeness and reliability of the information and documents provided to Sand+Lace Events, whether they originate with or from third parties.
3.5 In case of a delay in the execution of the contract, the extra costs and extra fees caused by not timely or properly providing the requested data, documents, facilities and/ or staff are borne by the client.
Article 4 - IMPLEMENTATION OF THE AGREEMENT
4.1 Sand+Lace Events is only obliged to carry out the assigned agreement, until Sand+Lace Events receives a signed version of the contract by the client pursuant to Article 7.1 and the payment of the first 30% of the agreed amount.
4.2 If and to the extent required for the proper execution of the assigned agreement, Sand+Lace Events has the right to enable the assistance of third parties.
4.3 The costs of the assistance of third parties and costs associated with the required facilities reasonable by those third parties shall be borne by the client. The client will be informed in advance about this. These costs are not included in the price agreed between parties, unless expressly agreed otherwise in writing.
4.4 Persons other than those specified in Article 4.2, such as suppliers, are engaged by and on behalf of the client, unless the parties expressly agreed otherwise in writing.
4.5 If the client desires to involve third parties in the implementation of the assignment, he will only do so after having reached an agreement with Sand+Lace Events, since the direct or indirect involvement of a third party in the execution of the command can significantly influence the potential of Sand+Lace Events in order to execute the command correctly. The provisions of the preceding sentence shall apply to Sand+Lace Events.
Article 5 - CHANGE OF CONTRACT
5.1 If during the execution of the contract it is necessary for proper execution to change the work or to complete it, the parties will adapt swiftly and in consultation adjust the agreement.
5.2 If the amendment and/ or supplement to the agreement will have financial and/ or qualitative consequences, Sand+Lace Events will inform the client about this in advance.
5.3 Sand+Lace Events reserves the right to imposed price increases caused by regulations and unexpected reasonably necessary increased costs that occur between order confirmation and implementation, to pass on to the client. It is mandatory that Sand+Lace Events informs the client as soon as possible about price changes.
5.4 Sand+Lace Events may increase the amount on the quotation when during the execution of the contract additional unforeseen activities occur and therefore additional labour, through no fault of Sand+Lace. In this case Sand+Lace Events will propose an increase of the amount thereof. Sand+Lace Events will inform the client about the amount and the date on which the increase will take effect.
Article 6 - FEES
The fee of Sand+Lace Events is exclusive of expenses of Sand+Lace Events and third party expense claims filed by Sand+Lace Events, unless otherwise agreed.
Article 7 - PAYMENT
7.1 The agreed amount is billed in three parts: 30% at the conclusion of the assigned agreement and 30% six months prior the event and 40% prior the event. The travel expenses are billed with the second payment. The client will provide the accommodation for Sand+Lace Events, unless otherwise agreed.
7.2 Payment by the client must be held within 7 days after the invoice date, unless differently agreed in writing between the client and Sand+Lace.
7.3 After the day of the event client may receive an additional invoice based on actual costs, for not previously billed charges and any credit or debit resulting from changes in the assignment agreement.
7.4 Any objection to a bill does not suspend the payment of the uncontested part of the bill.
7.5 When client does not pay on time, he is legally in default after expiry of the payment, without requiring any further notice. Sand+Lace Events will then be entitled to claim additional costs in relation to the contract. Sand+Lace Events may bring the statutory interest as from the expiry of the payment until the date of payment and a compensation for the extrajudicial costs amounting to 15% of the agreed amount.
7.6 In case of a jointly given assignment to the extent that the activities are on behalf of the joint clients, they shall be jointly and severally liable for payment of the full invoice amount.
Article 8 - EXAMINATION, COMPLAINTS AND CLAIMS
8.1 Complaints must be filed within 4 weeks after the day of the event, in writing and sufficiently motivated to Sand+Lace Events. The notice must contain a detailed description of the error, so Sand+Lace Events is able to respond adequately.
8.2 If the performance of the agreed work is no longer possible or useful, Sand+Lace will only be liable within the limits of Article 10.
Article 9 - DISSOLUTION, TERMINATION AND SUSPENSION OF THE CONTRACT
9.1 Sand+Lace Events has the right to terminate a contract if the content of the collaboration deems the interests and/ or reputation of the company. The 30% deposit is non-refundable.
9.2 If the safety of guests, staff and/ or contracted is insufficiently safeguarded or when provided materials are used improperly, Sand+Lace Events is entitled to deviate at the discretion of the concluded contract, on expense of the defaulting party in whole or in part.
9.3 If the contract is dissolved all claims are due immediately. If Sand+Lace suspends fulfillment of the obligations, it will retain its claims under the law and agreement.
9.4 If the client fully or partially cancels a contract, the incurred costs shall be reimbursed to Sand+Lace Events, including fees to the in Article 4.2 mentioned third parties as a result of the cancellation in its entirety by the client with a minimum of 75% of the agreed amount for cancellation up to 4 weeks before the day of the event; 90% of the agreed amount if cancellation is 1 to 4 weeks before the day of the event and 100% of the agreed sum if canceled in the last week before the day of the event or cancellation on the day of the event.
Article 10 - LIABILITY
10.1 Sand+Lace Events will perform the best of its work while exercising the diligence of reasonably competent and reasonably acting. If a fault is made by Sand+Lace Events because of the client providing incorrect or incomplete information, Sand+Lace Events is not liable for the resulting damage. If the client proves that he is harmed by a fault of Sand+Lace Events which could have been avoided due to care from Sand+Lace Events, Sand+Lace Events is only liable for direct damages up to the agreed amount.
10.2 Direct damage is exclusively: - the reasonable costs of determining the cause and extent of the damage, where the establishment relates to damage under these conditions; Any reasonable costs to determine the fault of Sand+Lace Events in fulfillment of the contract, if they can be attributed to Sand+Lace Events; - The reasonable costs incurred to prevent or limit the damage, in so far the client demonstrates that these costs have led to limitation of direct damage under these conditions.
10.3 Sand+Lace Events is not liable for indirect damage, including consequential damages, lost profits, lost savings, loss due to business interruption, costs resulting from conviction in court costs, interest and /or delay damage, damage due to inadequate cooperation and /or information from the client and/ or damage resulting from Sand+Lace Events given free information or advice whose content is not explicitly part of the written agreement.
10.4 The limitation of liability set out in paragraph 1 of this article shall also be stipulated for by the for Sand+Lace Events execution of the contract involved third parties referred to in Article 4.2.
10.5 Sand+Lace Events is not liable for the damage or loss of documents during transport or dispatch, regardless of whether the transport or dispatch takes place by on behalf of the client, Sand+Lace Events or third parties.
Article 11 - FORCE MAJEURE
11.1 Force majeure means any shortcoming that Sand+Lace Events can not be allocated. Liability is not if the fault is not attributable to its fault or by law, legal act or generally prevailing opinion at its expense. Illness, weather conditions, pandemic, epidemic and/ or accident are also covered by force majeure.
11.2 Sand+Lace Events will notify client as soon as possible in writing about the force majeure, unless the address of the client is not known to Sand+Lace Events nor can Sand+Lace Events be reasonable aware. Then client will be verbally notified as soon as possible.
11.3 To the extent that Sand+Lace Events at the time of the occurrence of force majeure has performed its obligations under the agreement, is fulfilled or will fulfill, and that the already fulfilled part is of value, Sand+Lace Events is entitled to invoice the client separately for the performed part. Client is obliged to pay this invoice as if it were a separate agreement and in compliance with the provisions 7.2, 7.4, 7.5 and 7.6.
Article 12 - CONFIDENTIALITY
12.1 Both parties are required to disclose any confidential information they obtained in the course of their agreement from each other or from another source. Information is confidential if it is notified by the other party or if this results from the nature of the information.
12.2 If, pursuant to a statutory provision or a court order, Sand+Lace Events is obliged to provide confidential information to a designated third by law or by the court then Sand+Lace Events is not held to pay damages or compensation and the client is not entitled to terminate the contract on grounds of alleged consequently suffered and suffering damage.
Article 13 - INTELLECTUAL PROPERTY
13.1 Sand+Lace Events reserves all rights of intellectual property relating to products of the mind which they use and/ or used and /or developed and/ or developed in the framework of implementation of the agreement and in respect of the copyright or other intellectual property rights.
13.2 The client is prohibited from reproducing, including computer programs, Instagram formats, e-guides and workbooks, system designs, working methods, advice, (model) contracts and other intellectual products of Sand+Lace Events, all this in the broadest sense, with or without the involvement of third parties reproduce, disclose or exploit. Reproduction and /or distribution and/ or operation is only allowed after obtaining written permission from Sand+Lace Events.
Article 14 - DISPUTES
Disputes between Sand+Lace Events and the client will be submitted to the competent court in the country of Sand+Lace Events.
Article 15 - APPLICABLE LAW
Any agreement between Sand+Lace Events and the client is under Dutch law.