opc_loader
Print Page:


Terms and conditions
 

Drafted on 3 May 2018

General Terms and Conditions of The Festival Company, established at Kerkstraat 18b, 5076AWC, in Haaren, the Netherlands, registered with the Chamber of Commerce under number 54763053.  

Definitions
 

In these General Terms and Conditions, the following terms are used as defined below, unless explicitly stated otherwise.

General Terms and Conditions:      The General Terms and Conditions as stated below.

The Festival Company:                  The Festival Company, registered with the Chamber of Commerce under number

54763053. The Festival Company includes the following trademarks: Freaky Glasses, Brillenreclame, Foamstickshop, Party & Festival Shop and Goedkope Zonnebrillen

Shop
 

Honorarium:                               The financial reimbursement that is agreed with the Client for the performance of the assignment.
 

Company:

The Client acting in the exercise of a trade or profession.   

Consumer: 

The Client not acting in the exercise of a trade or profession.                 

Distance sales: 

Every contract concluded between the Client and the The Festival Company, where under an organised distance sales, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded, such as a website, telephone or other means of distance communication. 

Contract

Any contract entered into between The Festival Company and the Client.

Products

All items that are the subject of the Contract entered into between The Festival Company and the Client.    

Voucher

A coupon, which meets the security features, which by handing without any payment of discount the service will be provided to the Client. 

Client:  

The one who has accepted the validity of these General Terms and Conditions and has purchase the product and/or had given instructions for the provision of the Service. The Client includes both consumers as companies. 
 


Article 1          Scope
 

These General Terms and Conditions apply to every quotation and Contract entered into between The Festival Company and the Client, unless the parties are departed from the General Terms and Conditions explicitly and in writing.

These General Terms and Conditions are also applicable to contracts with The Festival Company for the implementation of which third parties must be involved.

The applicability of any of the Client’s purchasing conditions or other general terms and conditions is expressly excluded.

If one or more provisions of these General Terms and Conditions are void or voidable, the other provisions of these General Terms and Conditions remain in effect. In this event, The Festival Company and the Client will consult with each other to agree new provisions to replace the void or voided ones.

Departures from the Contract and the General Terms and Conditions are only valid if they are explicitly agreed with The Festival Company in writing.

If The Festival Company not always require the strict compliance of these General terms and Conditions, this will not mean that the provisions of the General terms and Conditions will not apply, or that The Festival Company to any degree would lose the right in other cases to demand the strict compliance of these General terms and Conditions.  
 

Article 2         Offers and/or quotations
 

Offers and/or quotations should preferably be made in writhing and/or in electronic form, unless pressing circumstances make this impossible.

All offers and/or quotations are without obligation, unless a period for acceptance is stated in the offer and/or quotation. If in the offer and/or quotation a period for acceptance is stated the offer or quotation will lapse after this period has expired.  

Offers and/or quotations are valid for the period stated in the offer and/or quotation. The offer and/or quotation lapse after this period has expired. 

The Festival Company cannot be held to its offer and/or quotations if the Client, in accordance with the requirements of reasonableness and fairness and generally accepted standards, should have understood that the offer and/or quotation or an element thereof contains a manifest fault or clerical error.

If the acceptance departs from the offer and/or quotation included in the offer and/or quotation, whether or not on points of minor importance, then The Festival Company is not bound by this. The Contract then does not come into being in accordance with this differing acceptance, unless The Festival Company indicates otherwise.

A composite offer and/or quotation does not oblige The Festival Company to perform an element of the Assignment for a corresponding part of the stated price.

Offers and/or quotations do not automatically apply to future orders or reorders.
 

Article 3          Formation of the contract
 

The Contract comes into being through the timely acceptance by the Client of The Festival Company’s offer and/or quotation.
 

Article 4          Duration of the contract
 

The Contract will be concluded for an indefinite period, unless the nature of the Contract states otherwise or if parties have agreed otherwise explicitly and in writing. 
 

Article 5          Ending of the contract
 

The Festival Company and the Client could terminate the Contract at any time by mutual consent.  

Both the Client and The Festival Company are entitled to terminate the Contract at any time, with the observance of a period of notice of one months.
 

Article 6          Amendments to the contract
 

If, during the implementation of the Contract, it becomes apparent that it is necessary to amend or supplement the Contract to ensure its proper implementation, then The Festival Company will inform the Client of this as soon as possible. The parties will then amend the Contract in a timely manner and in mutual consultation.

If the parties agree that the Contract will be amended or supplemented, this can influence the time of the completion of the implementation. The Festival Company will inform the Client of this as soon as possible.

If the amendment or supplementation of the Contract will have financial, quantitative and/or qualitative consequences, then The Festival Company will inform the Client of this in advance.

If a fixed price is agreed, then The Festival Company will indicate the extent to which the amendment or supplementation of the Contract will influence the price. In this event The Festival Company will attempt, as far as possible, to issue a quotation in advance.

The Festival Company may not make any additional charges if the amendment or supplementation is a consequence of circumstances that can be attributed to The Festival Company.

Amendments to the Contract originally entered into between the Client and The Festival Company are only valid from the time at which these amendments are accepted in writing by both parties by means of a supplementary or amended Contract.
 

Article 7          Implementation of the contract
 

The Festival Company is entitled to arrange for certain work to be carried out by third parties. 

The Festival Company is entitled to implement the Contract in phases.

If the Contract is implemented in phases, The Festival Company is entitled to invoice and require payment for each implemented element separately. 

If the Contract is implemented in phases, The Festival Company is entitled to suspend the implementation of those elements that belong to the following phase or phases until the Client has approved in writing the results of the preceding phase.

If and for as long as this invoice is not paid by the Client, The Festival Company is not obliged to implement the following phase, and is entitled to suspend the contract.

The Client will issue all information or instructions that are necessary for the implementation of the Contract, or which the Client can be reasonably expected to understand are necessary for implementation of the Contract, to The Festival Company in a timely manner.

If the above-mentioned information and instructions are not issued, or not issued in a timely manner, then The Festival Company is entitled to suspend the implementation of the Contract. The additional expenses that are incurred through the delay will be borne by the Client
 

Article 8          Prices and fees
 

The prices are expressed in euros and regarding the Client in the capacity of Consumer inclusive of VAT, import and export duties, excise duties and other taxes or government levies, unless indicated otherwise.

The prices are expressed in euros and regarding the Client in the capacity of Company exclusive of VAT, import and export duties, excise duties and other taxes or government levies, unless indicated otherwise.

The prices and fees are exclusive of travel, accommodation, packaging, delivery, transportation costs and administration costs, unless indicated otherwise.

For shipments abroad extra fee will be charged.  

If a fee isn’t expressly agreed, the Honorarium and/or fee will determine by the actual amount of hours and the usual hourly fee of The Festival Company.

The Festival Company will provide a statement of all associated costs, or provide information on the basis of which these costs can be calculated by the Client, in a timely manner before the Contract is entered into.
 

Article 9          Amendment of prices
 

If The Festival Company agrees a fixed price when the Contract is entered into, then The Festival Company is entitled to increase this price, also when the price is not originally specified provisionally.

If The Festival Company has the intention of amending the price, it will inform the Client of this as soon as possible.

If the increase of the price takes place within three months of the Contract being entered into, the Client can terminate the Contract by means of a written statement, unless:

  • the increase arises from a right of The Festival Company or an obligation resting upon The Festival Company in accordance with the law;

  • the increase is due to a rise in the price of raw materials, wages etc. or on other grounds that could not reasonably have been foreseen when the Contract was entered into;

  • The Festival Company is still prepared to implement the Contract on the basis of that which was originally agreed;

  • it is stipulated that the implementation will be carried out more than three months after the Contract was entered into.

The Client is entitled to terminate the Contract if the price is increased more than three months after the Contract was entered into, unless it is stipulated in the Contract that the implementation will be carried out more than three months after the Contract was entered into.

The Festival Company will inform the Client in the event of the intention to increase the fee, stating the extent of the increase and the date upon which it will take effect.
 

Article 10        Distance sales
 

This provision will only apply to the Client in the capacity of Consumer. 

In the event of distance sales delivery has to take place within thirty days.  

In the event of distance sales The Festival Company has the right to oblige the Client to pay at most 50 percent of the price in advance.  

In the event of distance sales the Client has the right to withdraw the contract during a period of fourteen days, without giving any reason. 

In the event of distance sales the Client has the right to withdraw the contract after thirty days, if The Festival Company didn’t delivered the Product within thirty days, unless parties agreed to a different delivery period. 

If The Festival Company did not has provided the required information regarding the right of withdrawal or did not issued the information in the correct form, the Client has the right to terminate the Contract, without given any reason, during a period of three months after the Client received the Products of The Festival Company. If the The Festival Company will provided the Client with the above-mentioned information during the three month, the withdrawal period shall expire fourteen days after the day upon which the Client receives that information. 

The Client can withdraw the contract by using the model form of The Festival Company or in another manner chosen by the Client. 

If the Client sends the goods back, the Client has to return the goods in a proper packaging with all accessories and in original condition. The shipping costs will be at risk and for the account of the Client.  

If the Client used his right to withdrawal the Contract, the Client is obliged to return the goods within fourteen days, because the Client informed The Festival Company to withdrawal the Contract. 

If the Client used his right to withdrawal the Contract, The Festival Company will reimburse all payments, including the shipping costs, within fourteen days after the dissolution of the Contract.  

If the goods are not available, Royal Siganture will inform the Client of this as soon as possible and Royal Siganture will reimburse the payment within fourteen days. If Royal Siganture and the Client agree that a good of similar quality and price may be delivered, the shipping costs will be for the account for the Client. The foregoing is only applicable if the Client uses his right to terminate the Contract during the withdrawal period.  

The provisions of this article shall not apply if the Contract regards to  

  • products for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period;

  • sealed goods for which were unsealed by the Client;   

  • hygienic products of which the Client has broken the seal; 

  • products which are delivered  within the cooling-off period with the consent of the Client;

  • products that cannot be returned because of their nature; 

  • products and/or services that rapidly can be decay or can become outdated; 

  • products specifically made for the Client; 

  • products custom made.
     

Article 11        Delivery
 

Delivery regarding the client in the capacity as a Consumer takes place by giving the Client control over the goods. After the delivery the good are at risk of the Client.  

Delivery regarding the client in the capacity as a Company takes place by making the goods these are made available to the Client. After the delivery the good are at risk of the Client.  

Delivery takes place at the address given by the client, unless otherwise agreed. 

The Client is obliged to accept the purchased goods at the moment when they be handed over to him, unless this will entail serious objections or unreasonable costs 

If the Client refuses to accept the goods at the place of delivery or the Client is negligent in providing data or instructions, which are necessary for the delivery, the goods which were intended for the delivery, will be stored at the risk and expense of the Client, after Kerahairproducts.com inform the Client of this.

The Client is obliged to accept the purchased goods at the moment they are available to him or when they be handed over to him.    

If the Client refuses to accept the goods at the place of delivery or the Client is negligent in providing data or instructions, which are necessary for the delivery, the goods which were intended for the delivery will be stored at the risk and expense of the Client. In this case the Client shall bear any additional costs.
 

Article 12        Delivery periods
         
            

The delivery will take place within a period stated by The Festival Company.

If a period is agreed or stated for the delivery of the product, then this period is only indicative and is not to be regarded as a strict deadline.

If The Festival Company needs information or instructions from the Client that are necessary for the delivery, then the delivery period will commence after the Client has provided these to The Festival Company.

If a delivery period is exceeded, the Client must issue The Festival Company written notice of default, whereby The Festival Company will be offered a reasonable period to deliver the good. 

A notice of default is not necessary if the delivery has become permanently impossible, or it otherwise becomes apparent that The Festival Company will not meet its obligations arising from the Contract. If The Festival Company does not delivery within this period, then the Client is entitled to terminate the Contract without judicial intervention and/or seeking compensation.
 

Article 13        Transfer of risk
 

This provision only applies to the Client in the capacity as a Company.

The items that are the subject of the Contract are at the cost and risk of The Festival Company until the time that these are made available to the Client.

The risk of loss, damage or reduction in value of items that are the subject of the Contract is transferred to the Client in the capacity as a Company at the time that the items become available to the Client in the capacity as a Company or to a third party designated by the Client.
 

Article 14        Passing of Risk
 

This provision only applies to the Client in the capacity as Consumer.

Until the moment the goods are brought under the Client’s control, the goods subject to the Agreement will be for the account and at the risk of The Festival Company.

The risk of loss, damage or decrease in value of the goods that are subject to the Contract passes on to the Client in the capacity as a Consumer at the moment the goods are brought under the control of the Client in the capacity as a Consumer or a third party appointed by the Client.
 

Article 15        Producion- Processes
 

Minor deviations from originals of all production processes cannot be the subject of complaints.  

This applies in particular to 

  • minor smell at materials and prints; 

  • minor colour deviation between two or more assignments; 

  • minor colour deviation in comparison with a previous assignment;

  • minor colour deviation between products within one assignment;

  • minor cut deviation of the print material; 

The above mentioned also technically applies for the comparison between other models which are excluded, these can include:    

  • test prints;

  • digital examples;

  • print data

  • When they are formated by the Client;

  • smells; and 

  • the end product. 

The Client must take into account a tolerance of up to 5% failure in the LED products.
 

Article 17        Payment
 

Payment will take place by means of transfer to a bank account specified by The Festival Company or in cash at time of the purchase or delivery, unless agreed otherwise. Transfer will take place by means of an invoice.

Payment can be made both in advance and afterwards.  

Payment afterwards must be made within 14 days of the invoice date, in a manner to be specified by The Festival Company and in the currency in which the invoice is issued, unless agreed otherwise.

The Festival Company and the Client may agree that payment be made in instalments in proportion with the progress of the work. If payment in instalments is agreed, the Client must make payment in accordance with the periods and percentages as established in the Contract.

The Client is not authorised to deduct any amount from the payable amount by reason of a counterclaim made by the Client.

Objections to the level of the invoice do not have the effect of suspending the payment obligations.

After the expiry of a period of 14 days after the invoice date, the Client will be, without a notice of default, by operation of law in default. The Client has to bear from the moment of default on the immediately claimable amount an interest at the rate of 2 % per month, unless the statutory interest rate is higher. 

In the event of bankruptcy, suspension of payment or placement under conservatorship, the amounts owed to The Festival Company and the obligations of the Client towards The Festival Company are immediately claimable.
 

Article 17        Collection costs
 

If the Client is in default or in breach of the Contract in fulfilling its obligations (in a timely manner) then all reasonable costs incurred to obtain an out-of-court settlement are payable by the Client. 

With regard to the extrajudicial (collection) charges, The Festival Company is entitled, in so far as the Client act in the capacity as a Company, in departure from article 6:96 paragraph 5 of the Dutch Civil Code and the Payment of Extrajudicial

Collection Charges Decree, to a payment of 15% of the total outstanding principal sum, with a minimum of € 90,- for every invoice that is wholly or partly unpaid.

With regard to the extrajudicial (collection) charges, The Festival Company is entitled, in so far as the Client act in the capacity as a Consumer,  to a payment of the maximum sum that is determine in the  Payment of Extrajudicial Collection Charges Decree. 

In so far as the Client act in the capacity as a Consumer,The Festival Company is only entitled to a reimbursement of extrajudicial collection charges after the The Festival Company send the client a reminder to pay within 14 days the outstanding invoice or invoices  after the client came into default. 

Any reasonable legal costs and execution costs incurred are also payable by the Client.
 

Article 18        Voucher
 

A Voucher can only be outsources at The Festival Company. 

The Client must carefully preserve the Voucher. There will be no compensation in case of theft or loss.   

A Voucher is valid during the period of validity. The period of validity is stated on the Voucher.    

Vouchers cannot be returned or exchanged for money. 

In the case of distance of sale Vouchers can be returned within 14 days. After this period the Vouchers cannot be returned or exchanged for money.
 

Article 19        Retention of title
 

All items supplied by The Festival Company within the framework of the Contract remain the property of The Festival Company until the Client has properly fulfilled and fully complied with that which is required of it by virtue of the Contract.

Payable amounts also include the reimbursement of all charges and interest, including those of earlier or later supplies and services provided, as well as compensation claims due to breach of contract.

For as long as the ownership of the supplied items has not been transferred to the Client, the Client may not sell on, pledge or in any other way encumber that which falls under the retention of title, except within the normal conduct of its business.
 

Article 20        Suspension
 

If the Client does not fulfil an obligation arising from the Contract, or does not meet it fully or in a timely manner, then The Festival Company is entitled to suspend the corresponding obligation. In the event of partial or inadequate fulfilment, suspension is only permitted in so far as this is justified by the shortcoming.

Moreover, The Festival Company is entitled to suspend the fulfilment of the obligations if:

  • after the Contract is entered into, The Festival Company becomes aware of circumstances that give good grounds to fear that the Client will not fulfil its obligations;

  • the Client is requested, on entering into the Contract, to provide security for the fulfilment of its obligations arising from the Contract, and this security is not provided or is insufficient;

  • circumstances arise of such a nature that fulfilment of the Contract is impossible, or that the unamended maintenance of the Contract cannot be reasonably required of The Festival Company.

The Festival Company reserves the right to claim compensation.
 

Article 21        Termination
 

If the Client does not fulfil an obligation arising from the Contract, or does not meet it fully, in a timely manner or properly, then The Festival Company is entitled to terminate the Contract with immediate effect, unless the shortcoming, in view of its limited significance, does not justify the termination.

Moreover, The Festival Company is entitled to terminate the Contract with immediate effect if:

  • after the Contract is entered into, The Festival Company becomes aware of circumstances that give good grounds to fear that the Client will not fulfil its obligations;

  • the Client is requested, on entering into the Contract, to provide security for the fulfilment of its obligations arising from the Contract, and this security is not provided or is insufficient;

  • due to a delay on the part of the Client, The Festival Company can no longer be required to fulfil the Contract under the originally agreed conditions;

  • circumstances arise of such a nature that fulfilment of the Contract is impossible, or that the unamended maintenance of the Contract cannot be reasonably required of The Festival Company;

  • the Client is declared bankrupt, submits an application for a suspension of payment, requests the application of debt rescheduling for natural persons or is served with a writ of sequestration on all or part of its property;

  • the Client is placed under conservatorship;

  • the Client deceases.
     

Termination will take place by means of a written declaration, without judicial intervention.

If the Contract is terminated, the Client’s debts to The Festival Company become immediately due and payable.

If The Festival Company terminates the Contract on the above-mentioned grounds, The Festival Company is not liable for any costs or compensation.

If the termination is attributable to the Client, the Client is liable for the damage suffered by The Festival Company.
 

Article 22        Force majeure
 

Breaches may not be attributed to The Festival Company or the Client is they are not their fault, or if they are not accountable by law, juristic act, or according to the generally accepted standards. In this case the parties are also not bound to fulfil the obligations arising from the Contract.

In these General Terms and Conditions, the term “force majeure” is defined as – in addition to what is understood in law and jurisprudence in this regard – all external causes, foreseen or unforeseen, upon which The Festival Company can exercise no influence and through which The Festival Company is not able to fulfil its obligations.

Circumstances regarded as resulting in force majeure include strikes, lockouts, fire, water damage, natural disasters or other external contingencies, mobilisation, war, traffic congestion, blockades, import or export restrictions or other government measures, stagnation or delay in the supply of raw materials or machinery components and lack of labour forces, as well as any circumstances through which normal business operations are impeded, as a result of which the fulfilment of the Contract by The Festival Company cannot be reasonably sought by the Client.

The Festival Company is also entitled to invoke force majeure if the circumstance that hinders (further) fulfilment of the Contract occurs after The Festival Company should have fulfilled its obligations.

In case of force majeure the parties are not obliged to proceed with the Contract, and are not bound to pay any compensation.

During the period that the force majeure continues, both The Festival Company and the Client can fully or partly suspend the obligations arising from the Contract. If this period lasts for longer than 2 months, both parties are entitled to terminate the Contract with immediate effect, by means of a written notification, without judicial intervention and without the parties being able to claim any damages.

If the situation of force majeure is of a temporary nature, The Festival Company reserves the right to suspend the agreed service for the duration of the situation of force majeure. In the event of permanent force majeure both parties are entitled to terminate the Contract without judicial intervention.

If at the time of the occurrence of force majeure The Festival Company has already partly fulfilled, or will fulfil, its obligations arising from the Contract, and independent value accrues to the part fulfilled or to be fulfilled, then The Festival Company is entitled to separately invoice the part already fulfilled or to be fulfilled. The Client is bound to pay this invoice as if there were a separate Contract.
 

Article 23        Guarantees
 

The Festival Company accordingly guarantees that the delivered goods will be conform with the Contract. The Festival Company also guarantees that the delivered goods meet the usual requirements and standards that can be reasonably met and that the goods have the qualities, all circumstances taking into account, that are required for normal use. 

The guarantee stated in these General Terms and Conditions applies to usage within and outside Europe.

The guarantee is valid for a period of one year from the moment of the delivery, unless the nature of the Product states otherwise of the parties agreed otherwise. After the period of the guarantee expiry all costs for repair or replacement, including administration, shipping and travel costs, will be charge to the Client.  

If the delivered Product has been produced by a third party, the third party will provide the guarantee, unless indicated otherwise. 

If the delivered Product does not conform with the guarantee, company will, after notification of this, replace or repair the Product free of charge within a reasonable period.

When the guarantee period has expired, all costs of repair or replacement, including administrative, shipping and call-out charges, will be borne by the Client.

No form of guarantee covers damage caused by incompetent use or lack of care, or as a result of alterations made by the Client or by third parties, nor does The Festival Company provide any guarantee for damage arising as a result of these defects.

The guarantee also becomes inoperative if the defect has arisen through or is a result of circumstances beyond the control of The Festival Company. These circumstances include weather conditions.
 

Article 24        Examination and claims
 

The Client in the capacity of a Consumer is obliged to examine the delivered goods at the time of delivery, but in any case within 60 days after the delivery. The Client must examine whether the quality and quantity of the Service comply with what the parties agreed, at least meet the requirements that are common in trade.

The Client in the capacity of a Company is obliged to examine the Service at the moment of performance, but in any case within 14 days after the performance of the Service. The Client must examine whether the quality and quantity of the Service comply with what the parties agreed, at least meet the requirements that are common in trade.

Visible defects and shortcomings have to be reported within 60 days after the delivery in writing to The Festival Company. The defective product must be returned together with the proof of purchase, unless this is impossible or unreasonably onerous. This applies for the Client in the capacity of a Consumer. 

 Visible defects and shortcomings have to be reported within 14 days after the performance of the Service in writing to The Festival Company. The defective product must be returned together with the proof of purchase, unless this is impossible or unreasonably onerous. This applies for the Client in the capacity of a Company. 

Non-visible defects and shortcomings have to be reported within 60 days after its discovery to The Festival Company. The defective product must be returned together with the proof of purchase, unless this is impossible or unreasonably onerous.  This applies for the Client in the capacity of a Consumer.

Non-visible defects and shortcomings have to be reported within 14 days after its discovery to The Festival Company. The defective product must be returned together with the proof of purchase, unless this is impossible or unreasonably onerous.  This applies for the Client in the capacity of a Company. 

The right to (partial) restitution of the price, repair or replacement of the Product or compensation  lapses, if the defects will not be reported within the prescribed period, unless the nature of the Product states otherwise or from circumstances of the case a broader period arises.  

Any shipping costs incurred for returning the defective Product The Festival Company will reimbursed if the Client requested The Festival Company in writing to return the defective Product. Other costs than shipping costs will ever be reimbursed by The Festival Company, unless agreed in writing. The shipping costs will never be reimbursed when the Client didn’t ask The Festival Company in writing to send.   

The payment obligation will not be suspended if the Client reports the defect to The Festival Company within the prescribed period.  

If the Client complaints in time, the Client will stay obliged to purchase and pay for the purchased goods, unless these goods have no independent value.
 

Article 25        Liability
 

The implementation of the Contract is entirely at the risk and responsibility of the Client. The Festival Company is only liable for direct damage that has arisen through wilful recklessness or an intentional act or omission of The Festival Company.

The liability of The Festival Company is excluded for indirect damage, including in any event consequential damage, loss of profit, lost savings and loss due to business interruption, or immaterial damage to the Client. In the case of consumer purchase, this limitation does not extend further than is permitted pursuant to article 7:24, paragraph 2 of the Dutch Civil Code.

The Festival Company is not liable for damage, of whatever nature, resulting from The Festival Company basing its actions upon inaccurate and/or incomplete information provided by the Client, unless this inaccuracy or incompleteness ought to have been known to The Festival Company.

The Festival Company is not liable for mutilation, destruction, theft or loss of data or documents.

The limitations of the liabilities in this article will not apply if the damage is due to an intentional act or recklessness of The Festival Company or due to his managing employee.        

If The Festival Company is liable for any damage, then the liability of The Festival Company is limited to an amount twice of the amount stated in the invoice, or to the amount to which the insurance taken out by The Festival Company gives entitlement, with the deduction of the policy excess borne by The Festival Company under the terms of the insurance.

The Client must report the damage for which The Festival Company can be held liable to The Festival Company as soon as possible, but in any event within 10 days of the damage having arisen, on penalty of the forfeiture of any right to compensation for this damage.

Any liability claim against The Festival Company lapses within one year of the Client having become aware, or possibly reasonably having become aware, of the harmful event.
 

Article 26        Indemnity
 

The Client indemnifies The Festival Company against any claims by third parties who suffer damage in connection with the implementation of the Contract which is attributable to the Client.

If The Festival Company may be sued for this reason, then the Client is bound to provide The Festival Company with both judicial and extrajudicial support. Furthermore, all costs and damage on the part of The Festival Company and third parties will be at the expense and risk of the Client.
 

Article 27        Limitation period
 

In departure from the legal limitation period, a limitation period of one year applies to all claims against The Festival Company and any third parties brought in by The Festival Company.

The foregoing shall not apply to claims which are based on the non-conformity of the delivered goods of the Contract. In this case claims lapses after two years after the Client has informed The Festival Company about the defect of the delivered good.
 

Article 28        Intellectual property
 

The Festival Company reserves the rights and powers accruing to it under the provisions of the Copyright Act and other intellectual property legislation and regulations.

The Festival Company reserves the right to utilise the knowledge acquired for the performance of the work and general information for other purposes and other work, in so far as no confidential information is hereby communicated to third parties.
 

Article 29        Privacy and cookies
 

The Festival Company will store the details and information that the Client provides to The Festival Company carefully and confidentially.

The Festival Company acts in accordance with the AVG which is effective from May 25, 2018. The Festival Company will keep a register of processing activities on the basis of the AVG.

The Festival Company will only use the details and information of the Client in the context of the execution of its delivery obligation or the handling of a complaint. 

The Festival Company  may only use the personal details of the Client within the framework of the implementation of its obligation to supply, or of dealing with a complaint.

It is not permitted for The Festival Company to lend out, rent, sell or in any other way make public the personal data of the Client.

The information that The Festival Company collects through cookies may only use this personal data for necessary specific purposes.

The Festival Company  is not permitted to lend out, hire out or sell the personal details of the Client, or to publicise them in any other manner.

The Festival Company will not keep the personal data longer than necessary.
The Client is entitled to file a complaint with the Dutch Data Protection Authority regarding his / her personal data. The Dutch Data Protection Authority is obliged to handle this complaint.

The Client agrees that The Festival Company may approach the Client for statistical or customer satisfaction research. If the Client does not wish to be approached for research, the Client may make this known.                                        

The Client agrees that The Festival Company may approach the Client for statistical or customer satisfaction research. If the Client does not wish to be approached for research, the Client may make this known.
 

Article 30        Newsletter
 

The Client can sign up for the newsletter. 

The newsletter will keep the Client informed of the latest new and the most recent developments. 

The Client will receive the newsletter by e-mail. 

The Client can opt out in writing of though a hyperlink of the newsletter at any time. In this case the Client will receive no more messages.
 

Article 31       Interpretation, translation
 

As well as the original Dutch version of these General Terms and Conditions, there are two other versions of the General Terms and Conditions, translated into English.

The Dutch version of the General Terms and Conditions of The Festival Company is the authentic version. This version of the General Terms and Conditions will take precedence in the event of the explanation or interpretation of the General Terms and Conditions. In the event of a difference in meaning or interpretation between the two versions, then the Dutch version of the General Terms and Conditions will prevail.
 

Article 32        Amendment of the general terms and conditions
  

The Festival Company is entitled to amend the general terms and conditions unilaterally. 

Amendments will also apply to Contracts that are already concluded. 

The Festival Company will inform the Client by e-mail about the amendments.   

The amendments to the general terms and conditions will be in force thirty days after the Client is informed of the amendments.  

If the Client does not agree with the announced amendments, the Client is entitled to terminate the Contract.
 

Article 33       Applicable law, disputes
 

Dutch law is exclusively applicable to all legal relationships to which The Festival Company is a party. This also applies if an obligation is wholly or partly fulfilled outside of the Netherlands or if the Client has its place of business outside of the Netherlands.

The applicability of the Vienna Sales Convention (CISG) is excluded.
 

Article 34        Location
 

These General Terms and Conditions are filed at the Chamber of Commerce under number 54763053.