Article 1 – Definitions.
- DiscoDieren is a trade name of Blijevent B.V. whose goal is to provide children’s entertainment to individuals, companies and foundations.
- DiscoDieren also includes all employees employed by it.
- In these General Terms and Conditions, ‘Customer’ means the natural or legal person or partnership of natural and/or legal persons or the intermediary or representative acting on their behalf who uses Blijwin’s Services, as mentioned in article 1.5.
- In the General Terms and Conditions, “Agreement” means the legal relationship between DiscoDieren and Customer, all in the broadest sense.
- In these General Terms and Conditions, “Services” means all services provided by DiscoDieren and/or its engaged third parties to Customer, including facilitating a DJ in combination with equipment for children’s discos and providing additional children’s entertainment by providing bouncy castles, face painters and children’s shows. This also includes all other work of any kind performed by DiscoDieren on behalf of Customer, carried out within the framework of an assignment, including work not carried out at the express request of Customer.
- In the Terms and Conditions, “Website” means the website www.discodieren.nl.
Article 2 – Applicability of the general conditions
- The General Terms and Conditions apply to all Agreements entered into between Customer and DiscoDieren under which Blijwin offers or provides Services.
- Deviations from the General Terms and Conditions are only valid if expressly agreed upon in writing with DiscoDieren.
- Applicability of terms and conditions of the Customer are expressly rejected.
- The General Terms and Conditions also apply to amended orders from Customer and to amended offers from DiscoDieren.
Article 3 – Establishment of the Agreement.
- For the Services, the Agreement between DiscoDieren and Customer is established at the time of booking through the website and sending the confirmation. This confirmation may be by email or digital signature. The Customer will also receive an offer to be signed.
Article 4 – Execution of the Agreement
- The Agreement is entered into for a definite period and will terminate by operation of law upon completion of the Services, unless expressly agreed otherwise.
- DiscoDieren will use its best efforts to perform the Services with care in accordance with the requirements of good workmanship.
- DiscoDieren has the right to have certain work performed by third parties.
- The Customer shall ensure that all information, which DiscoDieren indicates is necessary or which the Customer should reasonably understand is necessary for the execution of the Agreement, is provided to DiscoDieren in a timely manner. If the information required for the execution of the Agreement is not provided to DiscoDieren in a timely manner, DiscoDieren is entitled to suspend the execution of the Agreement and/or to charge the Customer the additional costs resulting from the delay according to the then usual rates.
If DiscoDieren and/or third parties engaged by it perform Services on Customer’s premises, Customer shall provide a workable situation and reasonably desired facilities.
- If DiscoDieren uses any materials it deems necessary in the performance of its Services, Customer is obliged to handle them with care.
- If Customer and/or a third party destroys or otherwise damages Disco Animals’ material, it is obliged to compensate Disco Animals for the resulting damage.
- If a deadline is agreed or specified for the performance of Services, this is never a deadline. If a deadline is exceeded, the Customer must give DiscoDieren written notice of this. DiscoDieren should be given a reasonable period of time to still carry out the Agreement.
Article 5 – Modification of the Agreement.
- If during the execution of the Agreement it appears that for a proper execution thereof it is necessary to modify or supplement it, DiscoDieren and Customer will timely and in mutual consultation adjust the Agreement.
- If the Agreement is amended, including an addition, it is an additional order. This additional assignment will be the subject of a separate fee agreement in advance. Without additional billing, the original terms apply, with additional Services paid at the agreed upon rate.
- Failure to execute or not immediately execute the amended Agreement does not constitute a default by DiscoDieren and is not a ground for the Customer to terminate or cancel the Agreement.
- Changes to the originally concluded Agreement between DiscoDieren and Customer are only valid from the moment these changes are expressly accepted in writing.
Article 6 – Suspension, dissolution and early termination of the Agreement
- DiscoDieren is authorized to suspend the fulfillment of the obligations or to dissolve the Agreement if the Customer does not fulfill the obligations under the Agreement, or does not fulfill them completely or in a timely manner, or if DiscoDieren has good reason to fear that the Customer will fail in those obligations.
- Furthermore, DiscoDieren is authorized to dissolve the Agreement if circumstances arise of such a nature that fulfillment of the Agreement is impossible or unaltered maintenance of the Agreement cannot reasonably be expected.
- If the Agreement is dissolved, DiscoDieren’s claims against Customer are immediately due and payable. If DiscoDieren suspends the fulfillment of its obligations, it retains its claims under the law and Agreement.
- If the Customer does not comply with his obligations resulting from the Agreement and this non-compliance justifies dissolution, then DiscoDieren is entitled to dissolve the Agreement immediately and with immediate effect without any obligation on his part to pay any damages or compensation, while the Customer, on account of default, is obliged to pay damages or compensation.
- In case of liquidation, of (application of) suspension of payment or bankruptcy, of seizure – if and insofar as the seizure has not been lifted within three months – at the expense of the Customer, of debt restructuring or any other circumstance as a result of which the Customer can no longer dispose freely of its assets, DiscoDieren is free to terminate the Agreement immediately and with immediate effect or to cancel the order or Agreement, without any obligation on its part to pay any damages or compensation. The claims of DiscoDieren against the Customer are in that case immediately due and payable.
Article 7 – Costs, fees and payment
- All amounts mentioned in the invoice are inclusive of VAT for individuals and exclusive of VAT for business customers, unless otherwise stated.
- DiscoDieren has the right to correct manifestly erroneous errors in the quotation.
- Payment of an invoice shall be 50% by individuals within 14 days prior to the performance of the Service. Payment of the full amount must be made no later than the day before the performance of the Service. Business customers should pay the invoice within the stipulated period of 14 days.
- The Customer has the duty to immediately communicate inaccuracies in the payment information listed or provided to DiscoDieren.
- If the Customer defaults in the timely payment of an invoice, the Customer shall be in default by operation of law, without further notice of default being required. The Customer shall then owe statutory interest. Interest on the amount due will be calculated from the time the Customer is in default until the moment of payment of the full amount due.
- If Blijwin decides to collect a claim for non-payment of one or more unpaid invoices through the courts, in addition to the principal sum due and the interest mentioned in Article 7.5, the Customer shall also be obliged to reimburse all judicial and extrajudicial costs reasonably incurred. The compensation for judicial and extrajudicial costs incurred will be determined in accordance with the then current Decree governing compensation for extrajudicial collection costs.
Article 8 – Cancellation
- If payment is not made according to the deadlines mentioned in article 7.4 then DiscoDieren can cancel the Agreement, without prejudice to the payment obligation of the Customer.
- Business customers have a 24-hour cooling-off period.
- Cancellation of the Agreement must be in writing and expressly confirmed by DiscoDieren.
- In case of full or partial cancellation, all costs incurred at that time arising from the Agreement will be charged to Customer.
- If cancellation occurs more than eight (8) weeks before the date on which the Service is to be performed, 50% of the agreed amount must be paid.
- If cancellation is made six (6) to seven (7) weeks before the date on which the Service is to be performed, 70% of the agreed amount must be paid.
- If cancellation is made four (4) to five (5) weeks before the date on which the Service is to be performed, 85% of the agreed amount must be paid.
- If cancellation is made two (2) to three (3) weeks prior to the date on which the Service is to be performed, 95% of the agreed amount must be paid.
- If cancellation is made less than two (2) weeks before the date the Service is to be performed, the full agreed amount must be paid.
- If Customer is a consumer, he can cancel the Agreement within 14 days of its conclusion, regardless of the reasons. DiscoAnimal will refund all charges paid by Customer. If Customer agrees for DiscoDieren to begin performing the Service within this period, he thereby expressly waives his cooling-off period.
Article 9 – Liability
- The Customer is responsible for providing correct and representative data necessary for the performance of the Agreement. DiscoDieren is not liable if Customer has provided inaccurate or unrepresentative data.
- If DiscoAnimal is held liable, it will only be liable for direct damages actually incurred, paid or suffered by the Customer due to a demonstrable failure of DiscoAnimal’s obligations with respect to its Services. The liability referred to in this article shall be limited to the amount agreed upon with Customer.
- All claims of the Customer due to shortcomings on the part of DiscoDieren lapse if they have not been reported to DiscoDieren in writing with reasons within a reasonable period of time, after the Customer was aware or could reasonably have been aware of the facts on which he bases his claims.
- DiscoDieren is not liable for indirect damages, including but not limited to consequential damages, lost profits, missed savings and damages due to business interruption.
- DiscoAnimal shall not be liable for any personal injury resulting from the use of the Services, whether direct or indirect. Participation is at your own risk.
- DiscoDieren is not liable in the event of loss, theft or damage to Customer’s and/or a third party’s property.
- DiscoDieren is not liable for not or not timely fulfilling the obligations, arising from the Agreement, in case this is caused by force majeure as referred to in article 10.
- The Customer shall indemnify DiscoAnimal against third party claims related to the Services.
- The limitation of liability does not apply if there is intent or deliberate recklessness on the part of DiscoDieren.
- This provision does not exclude liability to the extent liability may not be limited or excluded by law.
Article 10 – Force majeure
- Force majeure means all external causes, beyond the will or control of DiscoDieren, as a result of which timely, complete or correct fulfillment of the Agreement is no longer possible.
- Force majeure as referred to in the previous paragraph includes, but is not limited to: non-performance by a third party, illness of DiscoDieren’s own or a third party’s personnel, abnormal weather conditions, disruptions in water and energy supplies, strikes, serious malfunctions in the systems of DiscoDieren or its suppliers as well as any other default by suppliers and/or engaged third parties, fire, floods, natural disasters, riots, war or other domestic unrest.
- In the event of force majeure, performance of the Agreement will be suspended for as long as the force majeure persists.
- If the force majeure continues for more than one month, DiscoDieren is entitled to dissolve the Agreement without court intervention. In such a case, DiscoAnimal will proceed to refund any amounts paid, with all costs incurred by DiscoAnimal in connection with the Agreement deducted.
Article 11 – Rights and intellectual property
- Customer must take care of third party consent or necessary permits for the performance of the Agreement. This includes the music rights of copyright organizations such as BUMA-STEMRA or SENA, if they have not already been bought out by the (catering) establishment where the Service is provided. It is the Customer’s responsibility to ensure that this is arranged correctly and DiscoAnimal can never be held liable for this.
Article 12 – Identity of Disco Animals
- DiscoDieren is part of Blijevent BV which is registered with the Chamber of Commerce under number 82010633 and carries VAT identification number NL050153705B01. Blijevent B.V. is located at Ringkade 23 (2315EH) in Leiden.
- Blijevent B.V. can be reached by e-mail at firstname.lastname@example.org, through the website www.blijevent.nl and by telephone at [0712340456 .]
Article 13 – Applicable law and competent court
- Dutch law applies to the legal relationship between DiscoDieren / Blijevent B.V. and its Customers.
- Any disputes that may arise between DiscoDieren / Blijevent B.V. and its Customers will be settled by the competent court of the district of The Hague.
Article 14 – Final provisions
- These terms and conditions are posted on the website www.discodieren.nl and they can be requested at any time by e-mail, email@example.com.