We use cookies to make sure you see the best version of our website. Read more in our cookie policy

logo eye appeallogo eye appeal

General terms and conditions

TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS OF OOGENLUST B.V. IN EERSEL

Article 1: Definitions

For the purposes of these terms and conditions, the following definitions apply:
a. tenant: the person who rents movable property from Oogenlust;
b. client: the party that commissions Oogenlust to produce creations, carry out work and/or supply movable goods;
c. Oogenlust: the user of these general terms and conditions;
d. agreement: the agreement between Oogenlust and the client and/or tenant, to which these general terms and conditions apply;
e. creation: all creative work carried out by Oogenlust, in which the concepts of atmospheric experience developed by Oogenlust are translated into decorative atmospheric images or goods created for the client or tenant.

Article 2: Scope of Application

  1. These general terms and conditions apply to all offers made to the client and/or tenant and to agreements between Oogenlust, on the one hand, and the client and/or tenant, on the other.
  2. The applicability of the client’s and/or tenant’s general terms and conditions is expressly excluded, unless Oogenlust has expressly agreed in writing to the applicability of the client’s and/or tenant’s general terms and conditions.
  3. Any deviations from and/or additions to these general terms and conditions shall only be binding on Oogenlust if they have been agreed in writing.
  4. In the event of any conflict between these general terms and conditions and the terms of the agreement, the provisions of the agreement shall prevail.

Article 3: quotations

  1. Unless expressly agreed otherwise in writing, all offers, in whatever form, are non-binding. An offer is valid for the period explicitly stated in that offer. If no period of validity is specified in the offer, this period is deemed to be a maximum of 14 days from the date of the offer.
  2. Quotations are based on the performance of the contract under normal circumstances and during normal working hours. All information provided in a quotation is for guidance only and has been set out as accurately as possible. This information may include images, drawings, details of colours, designs, dimensions and the like.
  3. If the offer relates to a project to which a set of specifications applies, only those provisions of the specifications shall apply which have been provided to Oogenlust by the client or tenant, with specific reference to the provisions relating to the works or supplies to be provided by Oogenlust. Amendments to the specifications shall not apply unless expressly communicated to Oogenlust, specifying the amendments relating to the agreement with Oogenlust, and after these amendments have been accepted in writing by Oogenlust.

Article 4: Agreement

  1. Subject to the provisions set out below, a contract is only concluded once the client and/or tenant has accepted a quotation in writing. If the client’s and/or tenant’s acceptance of the quotation differs from the original quotation, this shall be deemed a new offer by the client and/or tenant. That new offer must be accepted in writing by Oogenlust.
  2. Additional and reduced scope of work must be agreed in writing. In the event of additional scope of work, Oogenlust will confirm in writing to the client and/or tenant the implications for the agreed price and the delivery time.
  3. Oogenlust is entitled to have the contract performed, in whole or in part, by third parties under the responsibility of Oogenlust.
  4. If Oogenlust is required to carry out work on site, the client and/or tenant shall provide facilities for Oogenlust’s employees, including toilet facilities, canteen facilities and catering, unless the parties expressly agree otherwise in writing.
  5. The client and/or tenant must notify Oogenlust in writing in advance of any legal requirements with which the creative work to be supplied by Oogenlust must comply.
  6. The client and/or tenant must ensure that all licences required for the event to which the agreement with Oogenlust relates are obtained, as well as any licences required for the delivery of the goods by Oogenlust to the client and/or tenant.

Article 5: Prices

  1. Quotations are based on the cost prices applicable at the time the quotation is issued or the contract is concluded. The prices quoted by us are exclusive of value added tax (VAT) and any other taxes, duties and government levies.
  2. In the event of an unforeseen increase in one or more of the cost factors, Oogenlust is entitled to increase the price accordingly.
  3. Any price increases resulting from additions and/or amendments requested by the client and/or tenant shall be borne by the client/tenant.

Article 6: Delivery

  1. The delivery times, dispatch times and/or completion times specified by Oogenlust shall always be regarded as target dates and never as strict deadlines, unless expressly agreed otherwise in writing. In the event of late delivery, Oogenlust shall only be deemed to be in default after a period of at least 30 working days following written notice of default.
  2. Unless expressly agreed otherwise, delivery shall be on a Carriage Paid To (CPT) basis. This means delivery to the nearest point of destination that can be reached without difficulty.
  3.  If Oogenlust is responsible for construction or assembly work, the client and/or tenant must ensure that the site is easily accessible to Oogenlust staff. There must be sufficient parking facilities for lorries delivering the goods.
  4. If the client and/or tenant refuses to take delivery or fails to provide the information or instructions necessary for delivery, the goods will be stored at the client’s/tenant’s risk. In such a case, the client/tenant shall be liable for all additional costs, including, in any event, the costs of storage.
  5. Oogenlust is entitled to make partial deliveries, for which it may issue separate invoices.
  6. The risk in respect of the goods passes to the client and/or hirer at the time of delivery/handover. The client and/or hirer is obliged to take all necessary precautions to prevent damage to or loss of the goods.

Article 7: Consequences of delays or the venue being unavailable

  1. Oogenlust shall not be liable for any delay, loss of time, costs or damage, of whatever nature and suffered by whomever, resulting from the location where Oogenlust is required to carry out the agreed work or deliver goods not being accessible in a timely and/or complete manner or not being available.
  2. If the location where Oogenlust is required to carry out the work or deliver the goods is not accessible or available to Oogenlust, the client and/or tenant shall owe Oogenlust the agreed price, plus any damages suffered by Oogenlust as a result.

Article 8: Complaints

  1. Complaints regarding defects or shortages noticeable at the time of delivery or handover must be noted by the client and/or tenant on the relevant receipt for the goods, if any, or must be reported by registered post to Oogenlust within two working days of delivery/handing over by registered letter to Oogenlust. Deviations from drawings, sketches, models, leaflets, circulars, etc., as well as deviations in colour, dimensions or weight, do not constitute grounds for a complaint.
  2. The client and/or tenant must report any hidden defects to Oogenlust by registered letter within two working days of their discovery.
  3. Claims relating to installation and/or fitting work must be reported to Oogenlust within two working days by registered letter. Claims relating to invoices must be submitted to Oogenlust by registered letter within 8 working days of the invoices being sent.
  4. Advertisements received after the specified deadlines will not be considered.
  5. Oogenlust must be given the opportunity to inspect the goods in question on site. Goods that are the subject of a complaint may only be returned with Oogenlust’s prior written consent.

Article 9: Liability

  1. Oogenlust shall at no time be liable to its client and/or tenant for damage, loss, third-party claims, fines and/or costs, however arising, unless the client and/or tenant demonstrates that such damage, loss, third-party claims or costs were caused by, as measured by objective standards, wilful misconduct, gross negligence or gross negligence on the part of Oogenlust.
  2. If, notwithstanding the foregoing provision, Oogenlust is nevertheless liable, such liability shall at all times be limited to no more than the amount of the contract or, where applicable, to the amount of the payout to be made by Oogenlust’s insurer (including any excess).
  3. Oogenlust shall under no circumstances be liable for indirect or consequential damages.
  4. The client and/or tenant shall indemnify Oogenlust against all claims by third parties relating to or arising from goods supplied by Oogenlust or work carried out by Oogenlust.

Article 10: Force majeure

  1.  For the purposes of these general terms and conditions, ‘force majeure’ shall be understood to mean, in addition to what is understood in this regard under the law and case law, all external causes, whether direct or indirect, foreseeable or unforeseeable, as a result of which Oogenlust is unable to fulfil its obligations under the agreement entered into, including industrial action. Force majeure within the meaning of these general terms and conditions shall in any event be understood to mean:
  • natural disasters, such as floods, etc.;
  • fire;
  • changes in quality over time;
  • transport strikes;
  • plant diseases;
  • power cuts.
  1. Oogenlust shall not be obliged to fulfil its obligations during and after the period in which the force majeure or its consequences hinder or prevent the fulfilment of its obligations. In such a case, Oogenlust shall be entitled to amend the deadline for delivery, handover and/or completion.
  2. If the force majeure situation continues for more than three consecutive months, Oogenlust shall be entitled to terminate the agreement. In that event, Oogenlust is entitled to compensation for the costs incurred or work carried out by it, insofar as the client and/or tenant has benefited from this.

Article 11: Payment

  1. Payment must be made within 14 days of the invoice date, unless otherwise expressly agreed in writing.
  2. Payments made by the client and/or tenant shall always be applied, first and foremost, to settle all interest and costs due, and subsequently to reduce the amount of the longest-outstanding invoices, even if the client and/or the tenant states that the payment relates to a different invoice.
  3. Any claim by Oogenlust against the client and/or tenant shall become immediately due and payable if the client and/or tenant changes its legal form, applies for a moratorium on payments, is declared bankrupt, goes into liquidation, dies or is dissolved, as well as if third parties serve a writ of attachment on the client’s or tenant’s property or claims.
  4. In the event of a delay in the delivery of goods attributable to the client and/or tenant, Oogenlust is entitled to invoice the costs already incurred, as well as a proportion of the total quoted price in proportion to the parts already delivered.
  5. In the event of non-payment within the specified period, the client and/or the tenant shall be liable to pay contractual interest on arrears at a rate of 1 % per month – with any part of a month counting as a full month – on the gross invoice amount.Furthermore, in the event of non-payment or late payment, the client and/or the tenant shall be liable for extrajudicial costs. These extrajudicial costs shall amount to at least 15 % of the principal sum due.

Article 12: Termination of the contract

  1. If the client and/or tenant fails to fails to fulfil, or fails to fulfil properly or in a timely manner, any obligation arising for them from this agreement or any other agreement concluded with us, we shall be entitled to suspend performance of the agreement or to terminate the agreement in whole or in part, without Oogenlust being liable for any compensation, without prejudice to any further rights to which Oogenlust is entitled.
  2. Oogenlust may terminate the agreement in whole or in part with immediate effect, by written notice and without notice of default or court intervention, if the client or tenant applies for a moratorium on payments, is declared bankrupt, their business is wound up, terminated or otherwise dissolved.

Article 13: Retention of title

  1.  All goods supplied by Oogenlust shall only become the property of the client once full payment has been made for all goods supplied by Oogenlust. Until full payment has been made for all goods, all goods supplied and, where applicable, installed shall remain the property of Oogenlust.
  2. In the event that Oogenlust invokes the retention of title and goods need to be recovered, the costs of recovering the goods shall be borne by the client.
  3. Goods delivered may under no circumstances be resold or given as security by a client before payment has been made to Oogenlust.

Article 14: Intellectual property rights

  1.  The client and/or tenant is not permitted to make any alterations to the creations supplied or delivered without the written consent of Oogenlust.
  2. Oogenlust retains all intellectual property rights to its designs, drawings, sketches, photographs, digital media, images, models, brochures, etc. Copying these creations, in whole or in part, is strictly prohibited.
  3. Oogenlust reserves the right to photograph, or have photographed, creations that have been delivered or completed for its own purposes.
  4. Oogenlust reserves the right at all times to have its name displayed on or near its creations.

Article 15: Insurance

  1. Unless expressly agreed otherwise in writing, the client and/or tenant shall be responsible for taking out insurance to cover the goods entrusted to the client and/or tenant in connection with the performance of the agreement by Oogenlust. In the case of events, the client must arrange event insurance at its own expense.
  2. In all cases where goods belonging to Oogenlust have been entrusted to the client and/or the tenant and have been insured by the client and/or the tenant, the client and/or the tenant shall, at Oogenlust’s first request, be obliged to assign to Oogenlust their claim against the insurer as additional security for all sums due to Oogenlust from the client and/or the tenant.
  3. Upon first request by Oogenlust, the client and/or tenant must provide Oogenlust with a copy of the insurance policy.

Article 16: personal data

  1. If Oogenlust processes personal data in the course of performing the agreement concluded with the client and/or tenant, such personal data will be processed in a proper and diligent manner in accordance with the Personal Data Protection Act and the General Data Protection Regulation.
  2. If the client processes personal data during the performance of the contract, the client shall process such personal data in a proper and diligent manner and comply with the statutory requirements, including the Personal Data Protection Act and the General Data Protection Regulation.
  3. When the agreement between the parties comes to an end, they shall either return to the other party the personal data they have processed in the course of performing the agreement, or destroy it if there is no reason to retain the personal data.

Article 17: Miscellaneous

Should any provision of these general terms and conditions be void, this shall not affect the validity of the remaining provisions of these terms and conditions. In such a case, the parties shall agree on an arrangement to replace the void or voidable provision which most closely approximates the parties’ original intention.

Article 18: Governing law and disputes

  1. All offers, contracts and their performance are governed exclusively by Dutch law.
  2. Any disputes that may arise in connection with a contract to which these terms and conditions apply, in whole or in part, or in connection with any further agreements, shall be settled by the District Court of Oost-Brabant.