Article 1: Applicability
A. Each legal relationship between Art Decor Love (ADL) and the other party is exclusively governed by these terms and conditions, on the understanding that where there is a subdivision of an article paragraph in sub 1 and sub 2, sub 1 applies with regard to a natural person, who does not act in the exercise of a profession or business and sub 2 on other counterparties. B. Any deviating conditions used by the other party are only binding on ADL if I have agreed to them in writing. C. Otherwise, deviations from these terms and conditions must also be explicitly agreed with ADL in writing. D. If we have agreed in writing to the applicability of deviating conditions, even if this is not expressly stated, the present terms and conditions apply for the rest. E. The other party cannot derive any future rights from any agreed deviations from these conditions.
Article 2: Offers
A. All offers are without obligation, unless explicitly stated otherwise, and are based on any information, drawings, etc. provided. B. All price lists, brochures and other information provided before or with an offer are stated as accurately as possible. These are only binding on ADL if explicitly confirmed by ADL in writing. Details do not need to be provided. C. All our offers with any accompanying drawings and / or appendices remain ADL property and must be immediately returned by the other party if no agreement is concluded with ADL.
Article 3: Agreements
A. Agreements are only concluded by a written provision of an order by the other party as well as a written acceptance / confirmation of an order on our part. B. Orders accepted by representatives and other intermediaries will not be considered accepted by ADL until they have been confirmed in writing. C. The order confirmation is deemed to represent the agreement correctly and completely.
Article 4: Deviations and changes
A. Any changes in the performance of the order still required by the other party after the order has been issued must be notified to ADL in writing by the other party in a timely manner. If they are stated orally, the risk of errors in the change is at the expense of the other party. B. Images, sizes and / or numbers, as well as further specified descriptions are not strictly binding. Small deviations are permitted. C. If errors are made by the other party in the provision of data required for the execution of an assignment accepted by ADL, the resulting adverse consequences will be for the account of the other party. D. Changes made to an order that has already been given may result in the delivery time agreed prior to the changes being
Article 5: Start of rental period
A. The rental period stated in an agreement starts on the day on which the goods or. materials are delivered to the agreed location and / or are placed in the possession of the other party. B. When returning the rental goods, our inventory checks will be binding due to breakages and differences in numbers.
Article 6: Cancellations
If the other party, after placement and acceptance of the order, wishes to cancel it, for whatever reason, then ADL have the right, at my discretion, to either oblige the other party to fully comply with the agreement or to cancel it. To accept on the condition that the other party pays an amount equal to: within a term to be set by us as fixed compensation; 35% of the order amount (excluding VAT) if the cancellation takes place after approval of the offer. 50% of the order amount (excluding VAT) if the cancellation takes place within 2 months to 2 weeks before the start of the rental period or event date. 100% of the order amount (excluding VAT) if the cancellation takes place 2 weeks before the start of or during the rental period or event date.
Article 7: Prices
A.1 The prices quoted are based on the cost price determining factors at the time of the offer. ADL reserve the right to pass on to the other party any changes in those cost-determining factors that occur after the expiry of a period of 3 months after the conclusion of the agreement. A.2 The prices quoted are based on the cost price determining factors at the time of the offer. ADL reserve the right to pass on all price changes in those cost-determining factors to the other party after the date of our offer or order confirmation, even if these cost-increasing circumstances were already foreseeable at the time of acceptance of the order. B Unless explicitly agreed otherwise, in the event of rental, the stated prices only include the rent for the total agreed rental period; the transport costs to and from the place of destination as well as any assembly and disassembly of the rented property are, unless expressly agreed otherwise, not included in the stated price. C. Costs of additions and / or changes to the order or agreement are at the expense of the other party. D. The price includes sales tax. E. All charges imposed by the government with regards to the rented property will not be included in the rent and will be covered by the other party, unless explicitly agreed otherwise, not included in the quoted price.
Article 8: Delivery / completion
A.1 ADL is obliged to keep the agreed delivery time as much as possible, but for delivery / delivery of goods that have not been delivered within the agreed term, we have the right to a subsequent delivery period of 14 days, commencing the day after we have received a written demand for delivery from the other party. A.2 The delivery times stated by ADL are approximate; exceeding thereof does not entitle the other party to compensation, suspension or dissolution of the concluded agreement. B. Unless otherwise agreed, the delivery takes place at the home / company of the other party. The time of delivery is the time when the goods leave our company / warehouse.
Article 9: Place of delivery in case of rental
A. Rented items will be set up and / or delivered at the location specified in the agreement. B. Only with ADL written permission may this location be changed and / or rented during the agreed rental period, be moved. Damage resulting from such a relocation will always be for the account of the other party, even if we have given permission for this. C. The other party is responsible for the accessibility of the delivery location, as well as for suitability. All costs incurred for any additional facilities, in order to make a delivery location or installation location suitable for the rented, will be covered by the other party, unless otherwise agreed in advance. D. If an agreed location proves to be absolutely unsuitable, ADL have the right to refuse set-up or delivery and to unilaterally dissolve the agreement. The costs already incurred by ADL, as well as compensation for loss of profit, will be charged to the other party.
Article 10: Assembly / disassembly
A. If applicable, the time required to assemble and / or disassemble a rental item will form part of the total rental period. B. Assembly and disassembly takes place, unless otherwise agreed in writing, exclusively by or on behalf of the other party. C. The costs associated with such assembly and / or disassembly will form part of the concluded agreement, on the understanding that these costs do not form part of the actual rental price and will be charged separately to the other party on the basis of subsequent calculation.
Article 11: Transport
A. Unless otherwise agreed, ADL determines the means of transport and the transport routes of the goods rented, without being responsible for choosing the fastest and / or cheapest option. B. Unless otherwise agreed, the transport costs of the rented items are covered by the other party. C. Business travel always at the risk of the other party
Article 12: Retention of title
A. I, Magdalena de Winter, remain the owner of all items rented out by ADL. B. For full payment, the other party is not authorized to pledge all or part of the goods rented by it to third parties or to transfer ownership thereof other than in accordance with its normal business or the normal destination of the goods. C. In case of processing or mixing of the goods delivered by or at the other party, we acquire the co-ownership right of the newly created good (goods), or the main good, for the value of the (original) goods delivered by ADL. D. If the other party disposes of the goods delivered by ADL, it will transfer to me now the rights it has or will acquire vis-à-vis its own customers, including all associated rights and / or securities. I may require the other party to communicate the transfer to its customers and to provide us with all information and data necessary to exercise our rights. E. In the event of non-payment of a repayment amount, suspension of payment, suspension of payments, application for suspension of payments, bankruptcy, application for bankruptcy, placing under guardianship, death or liquidation of goods of the other party, we will have the right to pay the rent or the rent without notice of default and without legal intervention. To cancel the purchase agreement or part thereof that still has to be delivered and to reclaim the rented or possibly delivered, but not paid or not paid in full, as ADL property, after settlement of any already paid, but without prejudice to my rights to demand compensation for any loss or damage. In those cases, any claim I have on the other party is immediately due and payable. F. If we invoke the retention of title, the agreement (s) will also be dissolved without judicial intervention, without prejudice to my right to claim compensation for damage, lost profit and interest. . In those cases, any claim we have on the other party is immediately due and payable.
Article 13: Complaints
A. In the event of rental, the other party is obliged to check the items rented by us immediately upon receipt and to submit any complaints to us immediately. C. Complaints can only be handled if the goods are still in the condition in which they were delivered. In case of doubt, the other party will have to prove that this is the case. D If a complaint is found to be justified by ADL, I can repair the goods to which the complaint relates at our discretion. replace or compensate the other party, to the exclusion of any other right of the other party to compensation. F. A complaint does not suspend payment obligations.
Article 14: Force majeure
A. Force majeure is understood to mean in this respect: Each independent or independent of the will of the parties. unforeseeable circumstance, as a result of which fulfillment of the agreement can no longer reasonably be expected of ADL by the other party. B. Under "force majeure" is understood in any case: strike, transport difficulties, fire, government measures, including in any case import and export bans, quotas and business disruptions at our or. at our suppliers, involuntary malfunctions or obstacles that make the execution of the agreement more expensive and / or inconvenient, such as storm damage and / or other natural disasters, as well as non-compliance by our suppliers, as a result of which I can no longer fulfill my obligations towards the other party. C. If a situation of force majeure occurs, ADL is entitled to suspend the execution of the agreement or to terminate the agreement definitively. D. ADL is entitled to demand payment for the performances that have been carried out in the performance of the relevant agreement before the circumstance causing force majeure has become apparent. E. ADL also have the right to invoke force majeure if the circumstance that causes the force majeure occurs after our performance should have been delivered.
Article 15: Liability
A. Except, to be proven by the other party, willful intent or gross negligence on the part of me, ADL is not liable for any damage, in any form whatsoever, and, whether direct or indirect, that could be the result of the use or the unsuitability of the items supplied by ADL. B. The other party is liable for all damage as a result of loss, theft, fire or damage to ADL goods, tools and materials, as soon as they are at the work site, insofar as not due to our gross negligence or serious negligence. C. In the unlikely event that we are nevertheless obliged to pay compensation for damage, this compensation will never exceed the invoice price of the goods agreed or of the work performed.
Article 16: Liability during the rental period
A. Without prejudice to the provisions of article 15, the other party is liable for the rented property from the moment that the rented object is made available to the other party. Damage caused to the rented during the rental period will therefore be covered by the other party. B. The other party is obliged to ensure that sufficient supervision is present throughout the rental period to prevent damage to the rented property. C. If any maintenance and / or. instructions are provided, these must be followed carefully by the other party. D. The other party is obliged to report any defects to ADL immediately. E. If it appears necessary that repairs must be carried out to the rented object after it has been returned, these will be if it appears that the cause must be sought in, for example, careless use and / or non-compliance with the instructions provided by ADL, will be charged to the other party. F. ADL have the right, if finds it necessary, to check the correct use of the rented property.
Article 17: Use
The other party will use the rented object or have it used for its purpose. The other party is not permitted to transfer or hand over the rented property in whole or in part to third parties without explicit permission from ADL.
Article 18: Permits
A. If a permit must be issued by the local government is required for the placement of a rented item, the other party will ensure that such a permit is present at the time that a possible assembly of the rented item is completed. B. Damage, which is caused by the lack of the required permits, will be covered by the other party. C. Furthermore, ADL cannot be held liable for non-compliance with any locally applicable provision.
Article 19: Insurance
A. If during the rental of any item there are risks, the third parties may raise claims for damages due to legal liability, the other party must take out insurance against this before the rented item is taken from ADL. B. In the absence of such insurance, ADL will never be held liable for damage with regard to legal liability and the other party must indemnify ADL against this, without prejudice to the provisions of Article 20.
Article 20: Indemnification
The other party is obliged to indemnify and indemnify us against all costs, damage and interest for which we may be held liable by third parties as a result of the performance of the agreement by ADL.
Article 21: Payment
A. The invoices must be paid in advance, unless otherwise agreed. B. Each payment by the other party primarily serves to settle the interest owed by it, as well as the judicial and extrajudicial costs, as determined in the following articles, and is subsequently deducted from the oldest outstanding claim. C. The other party will be in default by the mere expiry of the possibly agreed term; notice of default is not required for this
Article 22: Fine, interest
A. If a longer credit grant is agreed or incorrectly taken, the other party will owe interest on the invoice amount from the invoice date. B. This interest is equal to the statutory interest. Each time after the end of a year, the amount on which the interest is calculated is increased by interest due for that year. C. If a longer credit is agreed or wrongly taken, the other party, in addition to the above-mentioned interest, owes a penalty on the invoice amount from the invoice date until the day of full payment of 1% per month or part thereof .
Article 23: Costs
A. All judicial and extrajudicial costs that ADL have to incur in connection with non-compliance / shortcoming of the other party are for its account. B. In the event of late payment, the extrajudicial collection costs will amount to at least 15% of the amount due, with a minimum of € 50.00 excluding VAT.
Article 24: Applicable law
All agreements between ADL and the other party will be exclusively governed by Dutch law.
Article 25: Competent court
All disputes that may arise between ADL and the other party in connection with any legal relationship that falls within the scope of the present terms and conditions will, when falling within the competence of a district court, in the first instance be settled exclusively by the district court in Utrecht. . Unless another court has compulsory jurisdiction under the law.