General Conditions SASKIA ROEDA (PURE FOOD EXPERIENCE)
Article 1 - Definitions
- 1.1 Pure food experience (PFE), registered at the Chamber of Commerce under number 34271362
- 1.2 The customer: the natural person or legal person who enters into an agreement with PFE with regard to the products to be supplied by PFE and / or services to be provided by PFE. the client is furthermore understood to be the client, organizer, initiator, contact person or authorized representative of the organization of the company or all participants in activities organized by PFE.
- 1.3 The agreement: the agreement concluded with PFE, which relates to the products or services of PFE.
- 1.4 Activity: the services offered by PFE.
Article 2 - General
- 2.1 These general terms and conditions apply to all agreements (offers, negotiations and agreements) with regard to the products or services to be provided by PFE.
- 2.2 PFE cannot be bound by acts and / or oral agreements of persons represent it without authorization, unless the agreements have been confirmed in writing by authorized persons.
Article 3 - Conclusion and content of the agreement
- 3.1 If the customer requests PFE to make an offer for a specific activity or for certain services to be provided by PFE, this is considered an invitation to make an offer.
- 3.2 PFE oral or written offer is always without obligation. The offer is even free of obligation if a fixed term for acceptance is stated in the offer, unless PFE has explicitly stated in the offer in addition to a fixed term for acceptance that the offer is irrevocable. If such a period is not specified in the case of a written offer, then PFE will consider this offer to have lapsed after the expiry of 2 weeks after the date of the offer, without any further grinding of PFE being required. This period can be extended at the request of the customer.
- 3.3 An agreement is concluded when the acceptance thereof has reached PFE within the period of 2 weeks.
- 3.4 If the customer of PFE refers to other general terms and conditions upon acceptance, this reference will not be effective and the present general conditions apply exclusively. If upon acceptance the customer refers to other general terms and conditions, stating that the applicability of PFE's terms and conditions is explicitly rejected, this is considered a rejection of the offer and at the same time constitutes a counter-offer.
- 3.5 Acceptances, whether or not in the form of an order confirmation from the customer, which contain substantial additions, limitations or other changes, count as a new offer and as a rejection of the original offer.
- 3.6 Additional or different conditions apply to substantial additions, limitations or other changes in the sense of the preceding article among other things, the price, payment, quality, sample and quantity of products, the place and time from delivery, the extent of liability of one of the two parties to another and the settlement of disputes.
Article 4 - Price
- 4.1 PFE reserves the right to pass on price changes that occur between the order confirmation and its execution to the customer. PFE is obliged to communicate this price change to the customer as soon as possible.
- 4.2 The prices used by PFE are indexed annually on the basis of the price index number to be given by Statistics Netherlands.
- 4.3 PFE uses a fixed amount per participant in the cooking workshop, whereby the drinks to be used are useful not included. These are settled on the basis of a so-called drink arrangement, wine arrangement or on the basis of actual costs, all this at the discretion of the customer.
- 4.4 In the case of a drink or wine arrangement, a fixed amount per participant in the event will be charged in advance; for this amount all participants in the event can enjoy unlimited drinks, as far as wine, beer or soft drinks are concerned. If the customer wants distilled beverages, this must be explicitly requested in advance and these will be settled on the basis of actual costs.
- 4.5 In the event that the customer chooses to settle drinks on the basis of actual costs, the participants of the event consuming drinks are peated and are charged per drink consumed (afterwards).
Article 5 - Payment
- 5.1 Payment must be made within 7 days after the invoice date of the deposit or the final invoice. If a customer fails to meet its payment obligations or does not do so in full, PFE is entitled to suspend the delivery of products and / or the provision of services.
- 5.2 From that moment on, the client owes the statutory interest on the outstanding invoice amount.
- 5.3 PFE explicitly reserves the right to demand preliminary or partial payment from the client prior to the execution of the agreement.
- 5.4 All payments will always be exclusively and exclusively intended for and used become prepayment of the oldest outstanding invoices.
- 5.5 All payments must be made in Euros, unless agreed otherwise in writing. If payment has been agreed in a different currency, the conversion will be made to the rate of the day on which the payment takes place. The costs of the conversion and any damage that PFE suffers due to exchange rate differences occurring are at the expense of the customer.
- 5.6 If the customer fails in its obligation to pay, PFE may seek the assistance of a third party for the collection of the outstanding invoice. The extrajudicial collection costs are borne by the customer. These costs amount to 15% of the claim amount with a minimum of € 91.00 plus sales tax.
Article 6 - Order changes
- 6.1 Changes to the original agreement, by or on behalf of the customer, that lead to costs that are not included in the order confirmation, will be charged to the customer by means of the final invoice referred to in article 5.1.
- 6.2 be made known to PFE seven days before the start of the event and be accepted by PFE.
- 6.3 Changes that are made too late, or that are not accepted by PFE, can no longer be implemented with regard to the relevant event.
Article 7 - Liability
- 7.1 PFE is insured against legal liability. Any liability of PFE is limited to the amount that is paid out in the case concerned under the insurance it has concluded.
- 7.2 PFE is not liable for damage caused by the products and / or services rendered by PFE on the part of the customer or a third party , unless there is intent or deliberate recklessness on the part of PFE that caused the damage.
- 7.3 PFE is not liable to the customer nor to third parties for damage to clothing of the customer or third parties or other property of the customer or third parties except for intent or deliberate recklessness on the part of PFE who caused the damage. PFE is not liable for consequential damage.
- 7.4 PFE is not liable either towards the other party or towards third parties for damage caused by injury to the customer or third parties except for intent or deliberate recklessness on the part of PFE. The customer indemnifies PFE against all claims from third parties for damage suffered by them caused by the services and / or products provided by PFE unless there is intent or willful recklessness on the part of PFE.
- 7.5 PFE cannot be held liable for reimbursement of costs, damage and interest, unless as a result of force majeure, was unable to fulfill an obligation resting on it. PFE is in force majeure if it cannot, not timely or properly comply due to causes that are not attributable to it, including the circumstances listed below, the list of which is not exhaustive: - non-delivery and / or late delivery by suppliers, sickness personnel of PFE and / or by PFE-engaged third parties, work strikes and other causes of business stagnation not attributed to PFE, fire, leakage, theft, lack of raw materials, transport difficulties, government measures, extremely high water, state of war, threat of war, floods, storm, black ice, snow and similar weather conditions. PFE is not liable for damages in those cases.
Article 8 - Cancellation of group cooking workshop agreement, served dinner or other decided culinary arrangement
- 8.1 The number of persons specified by the customer to PFE, to which the order relates, is binding. The customer is not obliged to pay compensation in the event of partial cancellation of an order insofar as it does not exceed a margin of 20% of the specified number of persons and provided that this cancellation takes place no later than 7 days before the scheduled delivery date. If it appears that PFE must deliver for more people than conditioned, PFE is entitled to refuse delivery to more people than agreed or to accept delivery to these people under the normally applicable conditions. In all cases of cancellation, in addition to what has been mentioned so far in this article, the customer owes PFE all that it has to pay to third parties with regard to the order in question, despite the cancellation, from whom it has made purchases with regard to that order. has concluded well-being agreements that lead to PFE's payment obligation. If the customer wishes to cancel the agreement in whole or in part (including the return of the number of people to the event), the following conditions apply:
A) In case of cancellation more than three months before the time when the event would take place under the agreement concluded , the customer is not obliged to pay any compensation to PFE.
B ) If cancellation is made more than two months before the intended time, the customer is required to pay 25% of the reservation value to PFE. the customer is obliged to pay PFE 50% of the reservation value.
C) In the event of cancellation more than a month before that time, the customer is held 50% of to pay the reservation value to PFE.
D ) In the event of cancellation more than seven days before the intended time, the customer is obliged to pay 75% of the reservation value to PFE. 100% of the booking value to be paid to PFE.
Article 9 - Cancellation of an open cooking workshop, cooking or wine course agreement
- 9.1 If the customer does not wish to cancel the agreement regarding the cooking workshop, cooking or wine course in part (which must also be understood to mean cancellation of the participating number of people to) the event or moving it in a date) the following conditions apply:
A) In the event of cancellation more than three months before the time when the event would take place under the closed agreement, the customer is not obliged to pay any compensation to PFE.
B) In case of cancellation more than two months before the intended time, the customer is obliged to pay 25% of the reservation value to PFE.
C) In the event of cancellation more than one month before the intended time, the customer is obliged to pay 50% of the reservation value to PFE.
D) In the event of cancellation more than seven days before the intended time, the customer is obliged to pay PFE 75% of the reservation value.
E) In the event of cancellation seven days or less before that time, the customer is obliged to pay PFE 100% of the reservation value.
- 9.2 The customer is free to send someone else instead for free if this is passed on to PFE.
Article 10 - Termination of the agreement
- 10.1 If PFE has not received the amount of the down payment invoice or final invoice charged within seven days before the start of the event, the agreement will be terminated by operation of law, whereby the customer is obliged to pay PFE 100% of the down payment invoice in accordance with Article 8 (e). , without PFE owing any compensation to the customer.
- 10.2 PFE has the right to terminate an agreement at any time, without having to pay any (damage) compensation, in the event that the assignment conflicts with any legal or other governmental provision, and if the content in its opinion interests the interests / or damage the good name of its business.
- 10.3 If the safety of guests, staff and / or others is insufficiently guaranteed or in the event of improper use of materials made available, PFE is entitled to deviate at its own discretion from the agreement already concluded, or to dissolve it wholly or in part, without (damage) compensation to the customer is due.
Article 11 - Copyright
- 11.1 The copyright and other industrial or intellectual property rights of concepts or events created by PFE remain the property of PFE.
Article 12 - Applicable law and dispute settlement
- 12.1 All quotations and agreements between PFE and the client are governed by Dutch law.
- 12.2 All disputes are submitted exclusively to the competent court in Amsterdam.
