Terms and conditions
Weddingster: the user of these general terms and conditions, namely Cynthia Gorlee, trading under the name Weddingster, established in Capelle aan den IJssel at Buizerdhof 283, registered in the trade register under Chamber of Commerce The Hague number 69671635.
Client: the other party of Weddingster being the person who has given the order to assist and advise in the organization of a wedding or event, or in whose name Weddingster organizes a wedding, engagement, anniversary, or event or makes a reservation for this. The Client is also referred to as the applicant until an agreement has been concluded. A supplier is understood to mean the person who offers / delivers goods and / or services in the performance of his / her company.
Agreement: the Agreement for the provision of services
Force majeure: in addition to what is meant by force majeure in law and case law, this also includes all external causes, foreseen or not foreseen, on which Weddingster can have no influence and as a result of which Weddingster cannot, not in time or adversely affect it additional efforts and / or costs are able to fulfill its obligations.
Force majeure includes (and therefore not exclusively):
• mobilization, war, acts of war, terrorism;
• a day or days of national mourning;
• quota or other government measures;
• government decisions;
• work strike;
• natural disasters;
• Weddingster's illness or (short-term) incapacity for work;
• deaths within the family or friends circle;
• epidemics or pandemics
Article 1 - General
1.1 These conditions apply to all offers and quotations from Weddingster as well as to all agreements and all legal relationships between Weddingster and the Client, including changes thereof, insofar as these conditions have not been deviated from in writing.
1.2 If one or more provisions in these general terms and conditions are void or should be destroyed, the other provisions of these general terms and conditions remain fully applicable. Weddingster and Client will then enter into consultations in order to agree on new provisions to replace the void or nullified provisions, whereby if, and insofar as possible, the purpose and intent of the original provision will be observed.
1.3 The Client accepts the applicability of these general terms and conditions by entering into an agreement with Weddingster or participating in/on behalf of the Client and in a wedding/activity of Weddingster.
Article 2 - Formation and content of the Agreement
2.1 An agreement is concluded when the Client accepts an offer from Weddingster orally (or by telephone or in writing (by email). The Client receives confirmation of the Agreement by email from Weddingster.
2.1 The first quotation issued is mutual without obligation; no rights can be derived from printing, typographical errors, and typographical errors, or mutilated quotations/proposals.
2.2 Quotations have a validity period of two weeks, counting from the date stated on the quotation unless the quotation shows otherwise or has been agreed otherwise.
2.3 If Weddingster has been given the assignment and has started with the execution and / or adjustment of a quotation, without an agreement for the provision of services having been concluded, the applicant owes all costs in preparation. This means, among other things, research costs to obtain more information than what is described in the quotation, costs for site visits, interviews on location at the applicant, etc.
2.4 The prices in the quotations/proposals mentioned include VAT and other government levies.
2.5 If the acceptance deviates (on minor points) from the offer included in the offer, Weddingster is not bound by it. The Agreement does not come into effect in accordance with this deviating acceptance unless Weddingster indicates otherwise.
2.6 A composite quotation does not oblige Weddingster to execute part of the assignment against a corresponding part of the quoted price.
2.7 Offers and quotations do not automatically apply to future assignments.
2.8 The prices for services and goods supplied by third parties (suppliers) are not included in the prices payable to Weddingster. Any additional costs, calculated by suppliers or others, are borne by the Client.
2.9 Weddingster is free to always agree to an accepted offer without stating reasons. If already paid, Weddingster will refund this amount immediately after refusal.
2.10 In the case of a foreign wedding, the same conditions apply as described here for a domestic wedding. The extra costs that have to be incurred abroad, such as travel and accommodation costs, are entirely for the Client and will be invoiced on the basis of subsequent calculation. A minimum value of a 4-star accommodation always applies.
Article 3 - Cooperation by the Client
3.1 The Client must ensure that all information and documents, which Weddingster agreement needs its opinion for the correct and timely execution of the assignment, are made available to Weddingster in the form and manner desired by Weddingster.
3.2 The Client must ensure that Weddingster is immediately informed of facts and circumstances that may be important in connection with the correct execution of the assignment.
3.3 Unless the nature of the assignment dictates. Otherwise, the Client is responsible for the correctness, completeness, and reliability of the data and documents made available to Weddingster, even if these come from or from third parties. Weddingster is not liable for damage, of whatever nature, because Weddingster assumed incorrect or incomplete information provided by the Client in the performance of the Agreement.
3.4 Unless the nature of the assignment dictates; otherwise, the Client will deploy or have deployed the personal support deemed necessary by Weddingster in order to enable Weddingster to perform the work. If specific personnel support is required, this will be agreed upon 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, arising from the failure to provide the requested information, documents, facilities and/or personnel, either on time or improperly, are for the account of the Client. In addition, Weddingster has the right in such cases to suspend the performance of the Agreement.
3.6 If the Client aims to deploy additional (personnel) support for the implementation of the Agreement, this must be notified in writing to Weddingster at least three weeks before the deployment must take place. This additional bet will be charged on the basis of the agreed hourly rate, excluding travel and accommodation costs.
3.7 The Client gives Weddingster permission to use the visual material - in the broadest sense of the word and with due observance of the rights of its possible creator - for Weddingster's portfolio and social media channels.
3.8 If the Client itself contracts suppliers, all agreements with all these suppliers must be recorded in writing no later than two weeks prior to the wedding or event. If that proves not to be the case or if major changes take place, Weddingster will charge an amount of € 200, including VAT per recording or change.
Article 4 - Execution of the Agreement
4.1 Weddingster will execute the Agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. Weddingster has an effort obligation and no result obligation.
4.2 Weddingster is only obliged to execute the Agreement, after Weddingster has received the Agreement signed by the Client and payment of the first 40% of the agreed amount as referred to in Article 7.1.
4.3 If and insofar as required for the proper execution of the Agreement, Weddingster has the right to have certain work carried out by third parties.
4.4 The Client will ensure that all information that Weddingster indicates is necessary, or of which the Client should understand that it is necessary for the execution of the Agreement, is provided to Weddingster in time. If the information necessary for the execution of the Agreement has not been provided to Weddingster in time, Weddingster has the right to suspend the execution of the Agreement and/or to charge the extra costs resulting from the delay to the Client at the usual rates.
4.5 Weddingster is not liable for damage, of whatever nature, because Weddingster has assumed incorrect and/or incomplete information provided by the Client.
4.6 If, in the context of an agreement, work is performed by Weddingster or Weddingster at the location of the Client or a location designated by the Client, the Client must bear the costs related to the facilities reasonably required by those employees.
4.7 The Client indemnifies Weddingster or third parties engaged by Weddingster against any claims from third parties who suffer damage in connection with the execution of the Agreement and which is attributable to the Client.
4.8 The styling materials that Weddingster provides remain the property of Weddingster with the exception of (fresh) flowers and materials as agreed in the quotation for the styling. If these materials are not returned in full and / or undamaged, the Client must reimburse the replacement value.
Article 5 - Changing the Agreement
5.1 If, during the execution of the Agreement, it appears that for proper execution, it is necessary to change or supplement the work to be performed, the parties will adjust the Agreement accordingly in time and in consultation.
5.2 If the parties agree that the Agreement will be changed or supplemented, the time of completion of the execution can be influenced by this. Weddingster will inform the Client as soon as possible.
5.3 If the amendment and / or addition to the Agreement will have financial and / or qualitative consequences, Weddingster will inform the Client in advance.
5.4 Weddingster reserves the right - if more than three months have passed since the conclusion of the Agreement - to increase the stipulated price as a result of statutory price increases and unexpected reasonably necessary higher costs. Weddingster is obliged to communicate and explain these price changes to the Client as soon as possible.
5.5 Weddingster may always 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 at the conclusion of the Agreement, and this is not attributable. It is up to Weddingster that Weddingster cannot reasonably be expected to perform the agreed work at the originally agreed amount. In that case, Weddingster will notify the Client of the intention to increase the amount. Weddingster will state the size of and the date on which the increase will take effect.
Article 6 - Fee
6.1 Weddingster's fee is exclusive of Weddingster's expenses and exclusive of invoices from third parties engaged by Weddingster.
6.2 The transport costs incurred by Weddingster for the execution of the Agreement within the Netherlands are charged on the basis of a subsequent calculation on the final invoice, based on € 0.40 per kilometer driven.
6.3 For the travel costs incurred by Weddingster from 1 hour travel time, 50% of the hourly rate applies.
Article 7 - Delivery times
7.1 If the Client does not receive the rented or delivered products and / or services before or at the agreed time of delivery, the order will still be charged in accordance with the Agreement, possibly increased by the costs for damage suffered and / or extra costs. ago by Weddingster
7.2 The request by the Client to change the delivery dates can only be made in mutual consultation and after written confirmation from Weddingster. All costs resulting from this change will be borne by the Client.
Article 8 - Payment
8.1 At the conclusion of the Agreement, the Client, will make an advance payment of 40% of the offered amount. This amount must be paid within the stipulated period of 14 days after the invoice date unless agreed otherwise in writing between the Client and Weddingster.
A second advance payment of 40% of the offered amount takes place two months before the wedding. After the wedding, the Client will receive a final invoice for the remaining 20%, as well as for the costs based on subsequent costs, for the costs not previously invoiced and any crediting or debiting arising from changes in the order confirmation. Any objections to the amount of the invoices do not suspend the payment obligation for the undisputed part of the invoice.
8.2 The Client who does not pay on time is in default by operation of law, without further notice of default being required. In that case, Weddingster is entitled to terminate the Agreement or to demand full performance. Weddingster is entitled to claim additional compensation for all costs already incurred in connection with the Agreement. The Client then owes an interest of 5% per month, unless the statutory interest is higher, in which case the statutory interest applies. The interest in the claimable amount will be calculated from the moment that the Client is in default until the moment of payment of the full amount.
8.3 In case of liquidation, bankruptcy, attachment, or suspension of payment of the Client, the claims of Weddingster on the Client are immediately due and payable.
8.4 Weddingster has the right to later deduct the payments made by the Client, firstly to reduce the costs, then to reduce the interest still due and finally to reduce the principal sum and the accrued interest. Weddingster can, without being in default, refuse an offer for payment if the Client designates a different order of the allocation. Weddingster can refuse full payment of the principal if the outstanding and accrued interest, as well as the costs, are not also paid.
8.5 If the Client is in default and/or in default of fulfilling one of its obligations, all costs incurred in obtaining extrajudicial payments will be borne by the Client. If the Client fails to pay a sum of money on time, he will forfeit an immediately due and payable penalty of 10% of the amount still owed. This with a minimum of 250 euros and without prejudice to VAT and without prejudice to any process and execution costs.
8.6 The client owes interest on the collection costs incurred.
Article 9 - Investigation, complaints, and complaints
9.1 Complaints must be submitted to Weddingster in writing and sufficiently motivated, no later than five working days after the date of the weddings that have taken place. Submitting complaints does not release the Client from its obligation to pay the invoices submitted by Weddingster in time.
9.2 Weddingster must be immediately enabled to check submitted complaints. If in its opinion, the complaint is correct, it will, at its option, either replace a fair compensation payment up to a maximum of the invoice value of the products and/or services supplied, or replace the products and/or services supplied free of charge after the original product has been returned. State.
Article 10 - Dissolution, termination, and suspension of the Agreement
10.1 Weddingster has the right at all times to refuse and / or terminate an agreement, or changes to it, in case the assignment is in conflict with any statutory or other government provision. Weddingster also has the right to terminate/refuse an agreement if the content, in its opinion, may damage the interests and/or good name of its company.
10.2 If the safety of guests, staff, and/or contracted parties are insufficiently guaranteed or in the event of improper use of the materials made available, Weddingster is entitled to deviate at its own discretion from the already concluded Agreement, or at the expense of the negligent party, to dissolve in whole or in part.
10.3 If the Agreement is terminated prematurely by the Client, Weddingster is entitled to compensation for the loss of capacity that can be made and can be made plausible, unless there are facts and circumstances underlying the cancellation that can be attributed to Weddingster. Furthermore, the Client is then obliged to pay invoices for work performed up to that time.
10.4 Weddingster is authorized to dissolve the fulfillment of the obligations on the aprons of the Agreement if the Client does not or not fully comply with the obligations under the Agreement and/or after the conclusion of the Agreement Weddingster finds good grounds to fear that the Client will not comply with the obligations and/or the Client was requested at the conclusion of the Agreement to provide security for the fulfillment of his obligations under the Agreement and this security is insufficient or is not forthcoming.
10.5 If the Agreement is dissolved, the claims of Weddingster on the Client are immediately due and payable. If Weddingster suspends fulfillment of the obligations, it retains its rights under the law and the Agreement.
10.6 Weddingster always reserves the right to claim damages
10.7 Weddingster obliges the Client to take out wedding insurance.
10.8 If the Client cancels an agreement in whole or in part, the costs incurred by Weddingster, including the reimbursements to third parties, will be fully reimbursed by the Client as a result of this cancellation. The cancellation costs amount to 60% of the total sum of the order with cancellation up to 3 months before delivery, or 80% of the sum of the order with cancellation 1 to 12 weeks before delivery, and 100% of the sum of the order with cancellation in the last week before delivery or cancellation on the day of the wedding itself.
Article 11 - Liability and damage
11.1 Weddingster excludes any liability, which liability arises from, and rejects possible damage claims, both direct and indirect, arising from:
11.1.1 Circumstances attributable to a wedding participant, such as inadequate health or fitness, inadequate personal equipment, improper or inactivity, overestimation of equity, or ignoring instructions and/or directions.
11.1.2. Acts and influences of third parties directly involved in the performance of the wedding.
11.1.3. Acts and influences of third parties not directly involved in the performance of the wedding.
11.1.4. Circumstances that are not due to Weddingster's fault and that cannot be reasonably attributed to Weddingster under Dutch law or the standards that are wrong in society.
11.1.5. Theft, destruction, loss, or damage to objects and/or loss of objects and persons during a wedding, at locations, or in the nautical area.
11.1.6. Circumstances attributable to third parties, suppliers of goods and / or services, or goods and / or services per se delivered by third parties during the performance of a wedding.
11.1.7. Damage to goods and/or services before, during, or after a wedding is at the expense and risk of the supplier concerned, Weddingster can never be held liable for this damage.
11.2 If Weddingster is liable for direct damage, then that liability is limited to a maximum of once the invoice amount, at least that part of the assignment to which the liability relates, at least to a maximum of 2500 euros (say two thousand, five hundred euros).
11.3 Direct damage exclusively means:
- the reasonable costs for determining the cause and the extent of the damage, insofar as the determination relates to damage within the meaning of these conditions;
- any reasonable costs incurred to have Weddingster's faulty performance conform to the Agreement, insofar as these can be attributed to Weddingster;
- reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have led to a limitation of direct damage as referred to in these general terms and conditions.
11.4 Weddingster is never liable for indirect damage, including consequential damage, loss of profit, missed savings, damage due to business interruption, costs resulting from a conviction in legal costs, interest and/or delay damage, damage resulting from the provision of insufficient cooperation and/or information. Of the Client, and/or damage due to non-binding information or advice given by Weddingster, the contents of which do not explicitly form part of the written Agreement.
11.5 The client indemnifies Weddingster against claims from third parties for damage caused by the Client providing incorrect or incomplete information to Weddingster unless the Client demonstrates that the damage is not related to culpable acts or omissions attributable to it or caused by intent or equivalent to gross negligence of Weddingster and unless any mandatory (inter) national law or regulation does not allow such a provision.
11.6 Employees, interns, and/or third parties are not entitled to bind Weddingster as an entrepreneur in any way. Assignments taken up by them are only valid after written confirmation by Cynthia Gorlee from Weddingster himself or an employee who is authorized to do so in writing and confirmed to you by Cynthia Gorlee from Weddingster. We reserve the right to refuse orders or to deliver goods for which we have not given such confirmation.
11.7 Weddingster is not liable for damage to or destruction of documents during transport or during shipment by post, regardless of whether the transport or dispatch is carried out by or on behalf of the Client, Weddingster, or third parties.
11.8 The limitations of liability for direct damage included in these conditions do not apply if the damage is due to intent or gross negligence of Weddingster or its subordinates.
Article 12 - Outsourcing of work to third parties
12.1 The Client authorizes Weddingster to have the assignment carried out by the desired time. The Client agrees to the transfer by Weddingster to a third party (parties) of all rights and obligations arising from the Agreement (s) concluded by Weddingster with the Client.
12.2 Products and/or services that cannot be supplied by Weddingster itself are purchased through suppliers, payment from these suppliers is made through the Client. Unless otherwise agreed
12.3 Weddingster is not held responsible for the actions and / or actions of its suppliers and can never be held liable for this
12.4 If Weddingster acts as an intermediary and only performs the administrative actions related to the assignment, Weddingster can never be held liable for actions, changes, or other matters that take place during the execution of the assignment, as referred to in the Agreement.
12.5 Should dispute arise between Client and supplier, Weddingster will attempt to mediate between them. However, Weddingster can never be held liable for any damage, shortcomings, deviation in its product, failure to provide services or products, costs, and/or interest and result achieved in this possible dispute; this remains a matter between the Client and the supplier.
Article 13 - Rights
13.1 Nothing that the Client has obtained from Weddingster may be reproduced by means of print, photocopy, video or in any other way, Weddingster retains the rights at all times.
Article 14 - Force majeure
14.1 Weddingster is not obliged to fulfill any obligation to the Client if she is hindered from doing so as a result of a circumstance that is not due to a fault and is not at her expense under the law, a legal act, or prevailing views.
4.2 The Client will be notified in writing by Weddingster as soon as possible if there is force majeure unless the address of the Client has not been made known to Weddingster, nor can it reasonably be known. In that case, the Client will be informed verbally of the force majeure as soon as possible.
14.3 Weddingster can suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, then each party has the right to dissolve the Agreement, without obligation to pay compensation to the other party.
14.4 In case of force majeure, Weddingster will make reasonable efforts to provide the Client with an alternative solution if desired.
14.5 For as far as Weddingster has at the time of the occurrence of force majeure partially fulfilled its obligations under the Agreement or will be able to fulfill them, and the part fulfilled or to be fulfilled independent value, Weddingster is entitled to fulfill or already declare the part separately to the Client. The 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 15 - Confidentiality
15.1 Both parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in the context of their Agreement. Information is considered confidential if this has been communicated by the other party or if this arises from the nature of the information.
15.2 If, on the basis of a statutory provision or a court decision, the user is obliged to provide confidential information to third parties designated by law or the competent court, and the user cannot rely on a legal or competent court in this regard. Recognized or permitted right of refusal, the user is not obliged to pay compensation or compensation, and the other party is not entitled to dissolve the Agreement on the basis of any damage resulting from this.
Article 16 - Intellectual property
16.1 Weddingster reserves all intellectual property rights with regard to products of the mind which it uses or has used and / or develops and / or has developed in the context of the execution of the assignment, and in respect of which it holds the copyrights or has or can assert other intellectual property rights.
16.2 The Client is expressly prohibited from multiplying those products, including computer programs, system designs, working methods, advice, (model) contracts, and other mental products of Weddingster, in the broadest sense of the word, whether or not with the involvement of third parties. Disclose, or exploit. Reproduction and / or publication and / or exploitation is only permitted after obtaining written permission from Weddingster.
Article 17 - Disputes
17.1 The judge in the place of business of Weddingster has exclusive jurisdiction to hear disputes unless the subdistrict court has jurisdiction. Nevertheless, Weddingster has the right to submit the dispute to a court that has jurisdiction according to the law.
17.2 The parties will first appeal to the courts after they have made every effort to settle a dispute by mutual agreement.
Article 18 - Applicable law
18.1 Dutch law and private international law apply to every Agreement between the user and the Client.
Article 19 - Change, explanation, and location of these conditions
In the event of an explanation of the content and scope of these general terms and conditions, the Dutch text will always be decisive.