1.Wild Weddings & Events: user of these terms and conditions known as Godelieve Luijk, business owner of Wild Weddings & Events, established in Rotterdam, Chamber of Commerce no. 65550927.
2.Customer: the party which Wild Weddings & Events has entered into an agreement with. This can be the assignment to organise a wedding, event, proposal service, honeymoon service or wedding/party consults.
3.Parties: Wild Weddings & Events and customer together.
4.Consumer: a customer who is an individual acting for private purposes or business purposes.
5.Agreement: the assignment to deliver a service.
6.Cases of force majeure: besides what is legally determined as force majeure are, too, all cases of which Wild Weddings & Events has no influence on and can lead to Wild Weddings & Events not being able to deliver on time or without extra hours of work or costs. This can be (but not exclusively): – epidemics or pandemics; – mobilisation, war, terrorism; – natural disasters; – government decisions; – work strike; – sickness or short term cases of incapacity to work – cases of death within the family or close friend circles
Applicability
1.These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Wild Weddings & Events.
2.Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3.The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
Offers and quotations
1.Offers and quotations from Wild Weddings & Events are without engagement, unless expressly stated otherwise.
2.An offer or quotation is valid for a maximum period of 2 weeks from its date, unless another acceptance period is stated in the offer or quotation.
3.If the customer does not accept an offer or quotation within the applicable time frame, the offer or quotation will lapse.
4.Offers and quotations do not apply to repeated orders, unless the parties have agreed upon this explicitly and in writing.
5.An offer turns into an agreement when signed by both parties.
Acceptance
1.Upon acceptance of a quotation or offer without engagement, Wild Weddings & Events reserves the right to withdraw the quotation or offer within 7 days after receipt of the acceptance, without any obligations towards the customer.
2.Verbal acceptance of the customer only commits Wild Weddings & Events after the customer has confirmed this in writing (or electronically).
Prices
1.All prices used by Wild Weddings & Events are in euros, are including 21% VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
2.Wild Weddings & Events is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
3.The price with regard to services is determined by Wild Weddings & Events on the basis of the actual working hours.
4.The price is calculated according to the usual hourly rates of Wild Weddings & Events, valid for the period in which he carries out the work, unless a different hourly rate has been agreed.
5.If the parties have agreed on a total amount for a service provided by Wild Weddings & Events, this is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.
6.If the target price exceeds, Wild Weddings & Events must let the customer know in due time why a higher price is justified.
7.The total amount will be charged at different times. When it comes to planning of events or weddings there will be 3 moments of invoices: 40% of the amount at the moment of agreement, 40% halfway during the planning proces and 20% the week before the wedding or event takes place. When it comes to wedding or party consults: these are charged for the 100% after the consult takes places.
8.When a wedding or event is postponed (for any reason) then the customer needs to discuss this with Wild Weddings & Events before postponing to a different date. To postpone to a different date, Wild Weddings & Events will charge an extra 40% of the total minimal revenue plus the necessary extra hours of work.
9.Customer needs to pay all invoices within 14 days, unless something else is agreed on, on paper.
10.After the wedding or event the customer can receive an extra invoice that entails extra hours of work that were necessary to complete the event, but were not entailed in previous invoices.
11.Objections towards this invoice does not adjust the period of payment.
12.Travel expenses will be on the final invoice.
Payments and payment term – Services
1.The customer must pay invoices of Wild Weddings & Events within 14 days, unless parties have made other agreements about this or if the invoice has a different payment term.
2.Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without Wild Weddings & Events having to send the customer a reminder or to put him in default.
3.Wild Weddings & Events reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
Consequences of late payment
1.If the customer does not pay within the agreed term, Wild Weddings & Events is entitled to charge from the day the customer is in default, whereby a part of a month is counted for a whole month.
2.When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Wild Weddings & Events.
3.The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
4.If the customer does not pay on time, Wild Weddings & Events may suspend its obligations until the customer has met his payment obligation.
5.In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Wild Weddings & Events on the customer are immediately due and payable.
6.If the customer refuses to cooperate with the performance of the agreement by Wild Weddings & Events, he is still obliged to pay the agreed price to Wild Weddings & Events.
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Settlement
The customer waives his right to settle any debt to Wild Weddings & Events with any claim on Wild Weddings & Events.
Insurance
1.The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:
ogoods delivered that are necessary for the execution of the underlying agreement
ogoods being property of Wild Weddings & Events that are present at the premises of the customer
ogoods that have been delivered under retention of title
2.At the first request of Wild Weddings & Events, the customer provides the policy for these insurances for inspection.
3.Wild Weddings & Events recommends all couples that are getting married to have a wedding insurance, in case the wedding gets cancelled due to any circumstances. The couple will otherwise always be liable for the costs of cancellation.
Guarantee
When parties have entered into an agreement with services included, these services only contain best-effort obligations for Wild Weddings & Events, not obligations of results.
Performance of the agreement
1.Wild Weddings & Events executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2.Wild Weddings & Events has the right to have the agreed services (partially) performed by third parties.
3.The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer (40%).
4.It is the responsibility of the customer that Wild Weddings & Events can start the implementation of the agreement on time.
5.If the customer has not ensured that Wild Weddings & Events can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.
6.Customer needs to provide Wild Weddings & Events (plus any third party that is hired by Wild Weddings & Events) healthy meals on the day of the event.
7.Customer permits the use of any images or videos (photo and video) by Wild Weddings & Events for the purpose of portfolio.
8.When the customer hires suppliers on their own they need to inform Wild Weddings & Events in writing at least two weeks prior to the event, with all the details and agreements made.
9.Sometimes it is necessary to hire third parties to complete the event (f.e. an assistant on the day of the event). The costs for this are always for the customer.
10.When the customer wants to hire third parties on their own then they need to ask permission from Wild Weddings & Events, since this can effect the way business is done.
11.All styling material that Wild Weddings & Events provide will still be owned by Wild Weddings & Events, with the exception of fresh flowers. When these materials are damaged or not returned, Wild Weddings & Events can charge extra costs.
Duty to inform by the customer
1.The customer shall make available to Wild Weddings & Events all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.
2.The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
3.If and insofar as the customer requests this, Wild Weddings & Events will return the relevant documents.
4.If the customer does not timely and properly provides the information, data or documents reasonably required by Wild Weddings & Events and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.
5.Wild Weddings & Events is not liable for any damage, of any kind, when Wild Weddings & Events received misinformation from the client.
Duration of the agreement
1.The agreement between Wild Weddings & Events and the customer is entered into for the duration of completion of the service, unless it results otherwise from the nature of the agreement or if the parties have expressly agreed otherwise in writing.
2.Customer has the right to cancel the agreement at any time, but costs of cancellation will be charged.
3.When the customer is a business then the costs of cancellation are as follows: – by cancellation within 2 weeks after signing the agreement: 15% of the agreed amount. – by cancellation longer than 8 weeks prior to the event: 75% of the agreed amount. – by cancellation between 3 weeks prior to the event until the day of the event: 100% of the agreed amount.
4.When the customer is a private customer and not a business then the costs of cancellation are as follows: – by cancellation within 2 weeks prior to the event: 15% of the agreed amount. – by cancellation longer than 8 weeks prior to the event: 70% of the agreed amount. – by cancellation between 1 week prior to the event until the day of the event: 90% of the agreed amount.
5.When the agreement is cancelled than all invoices must be paid immediately.
Intellectual property
1.Wild Weddings & Events retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, scale models, etc., unless parties have agreed otherwise in writing.
2.The customer may not copy or have copied the intellectual property rights without prior written permission from Wild Weddings & Events, nor show them to third parties and / or make them available or use them in any other way.
Confidentiality
1.The client keeps any information he receives (in whatever form) from Wild Weddings & Events confidential.
2.The same applies to all other information concerning Wild Weddings & Events of which he knows or can reasonably suspect that it is secret or confidential, or of which it can expect that its disclosure may cause damage to Wild Weddings & Events.
3.The customer takes all necessary measures to ensure that he keeps the information referred to in paragraphs 1 and 2 secret.
4.The obligation of secrecy described in this article does not apply to information:
owhich was already made public before the customer heard this information or which later became public without being the result of a violation of the customer’s duty to confidentiality
owhich is made public by the customer due to a legal obligation
Penalties
1.If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then he forfeits on behalf of Wild Weddings & Events an immediately due and payable fine of € 1000 if the customer is a consumer and € 5000 if the customer is a company, for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues.
2.No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article.
3.The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of Wild Weddings & Events including its right to claim compensation in addition to the fine.
Indemnity
The customer indemnifies Wild Weddings & Events against all third-party claims that are related to the products and/or services supplied by Wild Weddings & Events.
Complaints
1.The customer must examine a product or service provided by Wild Weddings & Events as soon as possible for possible shortcomings.
2.If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Wild Weddings & Events of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3.Consumers must inform Wild Weddings & Events of this within two months after detection of the shortcomings.
4.The customer gives a detailed description as possible of the shortcomings, so that Wild Weddings & Events is able to respond adequately.
5.The customer must demonstrate that the complaint relates to an agreement between the parties.
6.If a complaint relates to ongoing work, this can in any case not lead to Wild Weddings & Events being forced to perform other work than has been agreed.
Giving notice
1.The customer must provide any notice of default to Wild Weddings & Events in writing.
2.It is the responsibility of the customer that a notice of default actually reaches Wild Weddings & Events (in time).
Liability of Wild Weddings & Events
1.Wild Weddings & Events is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
2.If Wild Weddings & Events is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
3.Wild Weddings & Events is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
4.If Wild Weddings & Events is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
5.All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
6.When third parties are hired by Wild Weddings & Events for the execution of the event then Wild Weddings & Events is also not reliable for faults made by these third parties.
7.Wild Weddings & Events is not liable for damaged goods while being transported (by transport, mail etc.).
Expiry period
Every right of the customer to compensation from Wild Weddings & Events shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.
Dissolution
1.The customer has the right to dissolve the agreement if Wild Weddings & Events imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
2.If the fulfillment of the obligations by Wild Weddings & Events is not permanent or temporarily impossible, dissolution can only take place after Wild Weddings & Events is in default.
3.Wild Weddings & Events has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Wild Weddings & Events good grounds to fear that the customer will not be able to fulfill his obligations properly.
Force majeure
1.In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Wild Weddings & Events in the fulfillment of any obligation to the customer cannot be attributed to Wild Weddings & Events in any situation independent of the will of Wild Weddings & Events, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Wild Weddings & Events .
2.The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3.If a situation of force majeure arises as a result of which Wild Weddings & Events cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Wild Weddings & Events can comply with it.
4.From the moment that a force majeure situation has lasted at least 60 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5.Wild Weddings & Events does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
6.When Wild Weddings & Events, in time of a force majeur situation, already made progress or delivered services prior to the force majeur situation, then the customer needs to pay for these as if they were a separate agreement.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
1.Wild Weddings & Events is entitled to amend or supplement these general terms and conditions.
2.Changes of minor importance can be made at any time.
3.Major changes in content will be discussed by Wild Weddings & Events with the customer in advance as much as possible.
4.Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
1.The customer cannot transfer its rights deferring from an agreement with Wild Weddings & Events to third parties without the prior written consent of Wild Weddings & Events .
2.This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Consequences of nullity or annullability
1.If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
2.A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Wild Weddings & Events had in mind when drafting the conditions on that issue.
Applicable law and competent court
1.Dutch law is exclusively applicable to all agreements between the parties.
2.The Dutch court in the district where Wild Weddings & Events is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
