General Terms and Conditions Meeuw jonge theatermakers

Email: info@meeuw-jts.nl
Website: www.meeuw-jts.nl

Article 1 – Definitions

  1. Meeuw jonge theatermakers: Meeuw jonge theatermakers, established in Leeuwarden, Chamber of Commerce number 01081332.
  2. Customer: the party with whom Meeuw jonge theatermakers has entered into an agreement.
  3. Parties: Meeuw jonge theatermakers and the Customer together.
  4. Consumer: a Customer who is also an individual acting as a private person.

Article 2 – Applicability

  1. These terms and conditions apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of Meeuw jonge theatermakers.
  2. Meeuw jonge theatermakers and the Customer may only deviate from these terms and conditions if explicitly agreed upon in writing.
  3. Meeuw jonge theatermakers and the Customer explicitly exclude the applicability of any general terms and conditions of the Customer or third parties.

Article 3 – Prices

  1. Meeuw jonge theatermakers applies prices in euros, inclusive of VAT and exclusive of any other costs such as administration or shipping costs, unless otherwise agreed in writing.
  2. Meeuw jonge theatermakers reserves the right to change the prices of its services and products on its website and in other communications at any time.
  3. Increases in the cost prices of products or parts thereof, which Meeuw jonge theatermakers could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
  4. The consumer has the right to cancel an agreement due to a price increase as mentioned in paragraph 3, unless the increase is the result of a statutory regulation.

Article 4 – Samples and Models

  1. If the Customer has received a sample or model of a product, they cannot derive any rights from it other than that it serves as an indication of the nature of the product, unless it has been agreed in writing that the products to be delivered correspond with the sample or model.

Article 5 – Payments and Payment Term

  1. Meeuw jonge theatermakers may require a down payment of up to 50% of the agreed amount upon entering into the agreement.
  2. The Customer must settle any post-delivery payment within the specified period after delivery.
  3. The payment terms used by Meeuw jonge theatermakers are firm deadlines. This means that if the Customer has not paid the agreed amount by the last day of the payment term at the latest, they are automatically in default, without Meeuw jonge theatermakers having to send a reminder or notice of default to the Customer.
  4. Meeuw jonge theatermakers may make a delivery conditional on immediate payment or require security for the total amount of the services or products.

Article 6 – Right of Reclamation

  1. If the Customer is in default, Meeuw jonge theatermakers may invoke the right of reclamation regarding the unpaid products delivered to the Customer.
  2. Meeuw jonge theatermakers exercises its right of reclamation by means of a written or electronic notice to the Customer.
  3. As soon as the Customer has been informed of the invoked right of reclamation, the Customer must immediately return the products in question to Meeuw jonge theatermakers, unless otherwise agreed in writing.
  4. The Customer shall bear the costs for the collection or return of the products mentioned in paragraph 3.

Article 7 – Right of Withdrawal

  1. A consumer may cancel an online purchase within 14 days of purchase without giving any reason. This right of withdrawal does not apply if:
    • the product has been used
    • it is a product that can spoil quickly, such as food or flowers
    • it is a product that has been specially customized or adapted for the consumer
    • it is a product that cannot be returned for hygienic reasons, such as underwear or swimwear
    • the seal is not intact, in the case of data carriers with digital content, such as DVDs or CDs
    • the product or service concerns accommodation, travel, a restaurant business, transport, a catering assignment, or a form of leisure activity
    • the product is an individual magazine or newspaper
    • the consumer has waived their right of withdrawal
  2. The 14-day cooling-off period mentioned in paragraph 1 begins:
    • on the day after the consumer has received the last product or part of a single order
    • as soon as the consumer has confirmed that they will purchase digital content via the internet
  3. The consumer can exercise their cooling-off period by sending an email with that subject to info@meeuw-jts.nl, possibly using the withdrawal form available on the Meeuw jonge theatermakers website, www.meeuw-jts.nl.
  4. The consumer must return the product to Meeuw jonge theatermakers within 14 days after making their right of withdrawal known, failing which their right of withdrawal will lapse.

Article 8 – Reimbursement of Delivery Costs

  1. If the consumer has withdrawn their purchase in time and has returned the complete order to Meeuw jonge theatermakers in time, Meeuw jonge theatermakers will refund any shipping costs paid by the consumer within 14 days of receiving the timely and fully returned order.
  2. Delivery costs are only borne by Meeuw jonge theatermakers to the extent that the entire order is returned.

Article 9 – Reimbursement of Return Costs

  1. If the consumer invokes their right of withdrawal and returns the complete order in time, the Customer shall bear the costs for this.

Article 10 – Right of Suspension

  1. Unless the Customer is a consumer, they hereby waive the right to suspend the performance of any obligation arising from this agreement.

Article 11 – Right of Retention

  1. Meeuw jonge theatermakers may exercise its right of retention and, in that case, keep possession of the Customer’s products until the Customer has paid all outstanding invoices from Meeuw jonge theatermakers, unless the Customer has provided sufficient security for those costs.
  2. The right of retention also applies on the basis of previous agreements under which the Customer still owes money to Meeuw jonge theatermakers.
  3. Meeuw jonge theatermakers is not liable for any damage the Customer may suffer due to the exercise of its right of retention.

Article 12 – Set-off

  1. Unless the Customer is a consumer, they waive their right to set off a debt to Meeuw jonge theatermakers against a claim on Meeuw jonge theatermakers.

Article 13 – Retention of Title

  1. Meeuw jonge theatermakers remains the owner of all delivered products until the Customer has paid all outstanding invoices from Meeuw jonge theatermakers regarding an underlying agreement, including claims due to failure in performance.
  2. Until that time as mentioned in paragraph 1, Meeuw jonge theatermakers may exercise its retention of title and take back the goods.
  3. Before ownership has passed to the Customer, the Customer may not pledge, sell, alienate, or otherwise encumber the products.
  4. If Meeuw jonge theatermakers exercises its retention of title, the agreement is thereby cancelled and Meeuw jonge theatermakers may demand compensation, lost profits, and interest from the Customer.

Article 14 – Delivery

  1. Delivery takes place while stocks last.
  2. Delivery takes place at Meeuw jonge theatermakers, unless otherwise agreed.
  3. Delivery of products ordered online takes place at the address indicated by the Customer.
  4. If the Customer does not pay the agreed amounts or does not pay them on time, Meeuw jonge theatermakers may suspend its obligations until the Customer pays.
  5. In the event of late payment, there is a situation of creditor’s default, meaning the Customer cannot hold a delayed delivery against Meeuw jonge theatermakers.

Article 15 – Delivery Time

  1. The delivery times provided by Meeuw jonge theatermakers are indicative. If delivery is late, the Customer cannot derive any rights from this, unless otherwise agreed in writing.
  2. The delivery time starts when the Customer has fully completed the ordering process and has received confirmation thereof from Meeuw jonge theatermakers.
  3. The Customer will not receive compensation and may not cancel the agreement if Meeuw jonge theatermakers delivers later than agreed. However, the Customer may cancel the agreement if this has been agreed in writing or if Meeuw jonge theatermakers cannot deliver within 14 days after being prompted to do so in writing, or if the Customer and Meeuw jonge theatermakers have agreed otherwise.

Article 16 – Actual Delivery

  1. The Customer must ensure that the actual delivery of their ordered products can take place on time.

Article 17 – Transport Costs

  1. The Customer pays the costs for transport, unless the Customer and Meeuw jonge theatermakers have agreed otherwise in writing.

Article 18 – Packaging and Shipping

  1. If the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a note of this before accepting the product. If the Customer fails to do so, they cannot hold Meeuw jonge theatermakers liable for any damage.
  2. If the Customer arranges the transport of a product themselves, they must report any visible damage to products or the packaging to Meeuw jonge theatermakers prior to transport. If the Customer fails to do so, they cannot hold Meeuw jonge theatermakers liable for any damage.

Article 19 – Storage

  1. If the Customer only takes delivery of ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the Customer.
  2. Any extra costs resulting from premature or delayed collection of products are entirely at the Customer’s expense.

Article 20 – Warranty

  1. The warranty on products only applies to defects caused by faulty manufacture, construction, or material.
  2. The warranty does not apply:
    • in the case of normal wear and tear
    • for damage caused by accidents
    • for damage caused by modifications made to the product
    • for damage due to negligence or improper use by the Customer
    • when the cause of the defect cannot be clearly established
  3. The risk of loss, damage, or theft of the products that are the subject of an agreement between parties passes to the Customer at the moment they are legally and/or physically delivered, or at least come into the power of the Customer or a third party who receives the product on behalf of the Customer.

Article 21 – Exchange

  1. The Customer may exchange a purchased item. The following conditions apply:
    • exchange takes place within 14 days of purchase, provided the Customer can show the original invoice
    • the product is returned in its original packaging and with the original price tag attached
    • the product has not yet been used
  2. Discounted items, perishable products, custom-made items, or items specially adapted for the Customer cannot be exchanged.

Article 22 – Indemnification

  1. The Customer indemnifies Meeuw jonge theatermakers against all claims from others related to the products and/or services delivered by Meeuw jonge theatermakers.

Article 23 – Complaints

  1. The Customer must examine a product delivered or service provided by Meeuw jonge theatermakers for any shortcomings as soon as possible.
  2. If a delivered product or provided service does not meet what the Customer could reasonably expect, the Customer must inform Meeuw jonge theatermakers thereof within 1 month after identifying the shortcoming.
  3. A consumer must inform Meeuw jonge theatermakers of this at the latest within 2 months after identifying the shortcoming.
  4. The Customer shall provide as detailed a description of the shortcoming as possible, so that Meeuw jonge theatermakers can respond appropriately.
  5. The Customer must demonstrate that the complaint relates to an agreement between the Customer and Meeuw jonge theatermakers.
  6. If a complaint concerns ongoing work, the Customer cannot demand that Meeuw jonge theatermakers perform work other than what was agreed.

Article 24 – Notice of Default

  1. The Customer must give any notice of default to Meeuw jonge theatermakers in writing.
  2. The Customer is responsible for ensuring that their notice of default actually reaches Meeuw jonge theatermakers on time.

Article 25 – Customer Liability

  1. If Meeuw jonge theatermakers enters into an agreement with multiple Customers, each of them is jointly and severally liable for fulfilling the agreements in that contract.

Article 26 – Liability of Meeuw jonge theatermakers

  1. Meeuw jonge theatermakers is only liable for damage suffered by the Customer if that damage is caused by intent or deliberate recklessness.
  2. If Meeuw jonge theatermakers is liable for damage, this only applies to direct damage related to the execution of an underlying agreement.
  3. Meeuw jonge theatermakers is not liable for indirect damage, such as consequential damage, lost profits, or damage to third parties.
  4. If Meeuw jonge theatermakers is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance policy. If no insurance has been concluded or no damage amount is paid out, the liability is limited to the (part of the) invoice amount to which the liability relates.
  5. All images, photos, colors, drawings, and descriptions on the website or in a catalog are indicative only and cannot lead to any compensation, dissolution, or suspension.

Article 27 – Expiry Period

  1. Any right of the Customer to compensation from Meeuw jonge theatermakers expires 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Article 28 – Dissolution

  1. The Customer may dissolve the agreement if Meeuw jonge theatermakers attributably fails in the fulfillment of its obligations, unless this shortcoming does not justify dissolution due to its special nature or minor significance.
  2. If fulfillment of the obligations by Meeuw jonge theatermakers is still possible, dissolution can only take place after Meeuw jonge theatermakers is in default.
  3. Meeuw jonge theatermakers may dissolve the agreement with the Customer if the Customer does not fully or timely fulfill their obligations under the agreement, or if Meeuw jonge theatermakers has become aware of circumstances that give it good reason to assume that the Customer will not fulfill their obligations.

Article 29 – Force Majeure

  1. In addition to Article 6:75 of the Dutch Civil Code, a failure by Meeuw jonge theatermakers cannot be attributed to Meeuw jonge theatermakers by the Customer in the event of force majeure.
  2. The force majeure situation in paragraph 1 also includes, among other things:
    • a state of emergency such as a civil war or natural disaster
    • default or force majeure of suppliers, delivery services, or others
    • power, electricity, internet, computer, or telecom failures
    • computer viruses
    • strikes
    • government measures
    • transport problems
    • bad weather conditions
    • work interruptions
  3. If a force majeure situation occurs that prevents Meeuw jonge theatermakers from fulfilling one or more obligations to the Customer, those obligations will be suspended until Meeuw jonge theatermakers can fulfill them.
  4. From the moment a force majeure situation has lasted at least 30 calendar days, both the Customer and Meeuw jonge theatermakers may dissolve the agreement in writing, in whole or in part.
  5. In a force majeure situation, Meeuw jonge theatermakers does not have to pay any compensation to the Customer, even if Meeuw jonge theatermakers benefits from it.

Article 30 – Amendment of Agreement

  1. If it is necessary for its execution to amend a concluded agreement, the Customer and Meeuw jonge theatermakers may adjust the agreement.

Article 31 – Amendment of General Terms and Conditions

  1. Meeuw jonge theatermakers may amend these general terms and conditions.
  2. Meeuw jonge theatermakers may always implement amendments of minor importance.
  3. Meeuw jonge theatermakers will discuss major amendments with the Customer in advance as much as possible.
  4. A consumer may terminate the underlying agreement in the event of a major amendment to the general terms and conditions.

Article 32 – Transfer of Rights

  1. The Customer cannot transfer any rights from an agreement with Meeuw jonge theatermakers to others without the written consent of Meeuw jonge theatermakers.
  2. This provision applies as a clause with property law effect as referred to in Article 3:83 paragraph 2 of the Dutch Civil Code.

Article 33 – Consequences of Nullity or Voidability

  1. If one or more provisions of these general terms and conditions prove to be null and void or voidable, this shall not affect the remaining provisions of these terms and conditions.
  2. A provision that is null and void or voidable will, in that case, be replaced by a provision that comes closest to what Meeuw jonge theatermakers had in mind when drafting the terms on that point.

Article 34 – Applicable Law and Competent Court

  1. Dutch law applies to these general terms and conditions and every underlying agreement between the Customer and Meeuw jonge theatermakers.
  2. The court in the district of the place of business of Meeuw jonge theatermakers has exclusive jurisdiction to hear any disputes between the Customer and Meeuw jonge theatermakers, unless the law stipulates otherwise.

 

Drawn up on February 5, 2024.