These provisions below apply to all goods and services of ElkeDagFeest.
Article 1. Identity
Company name: ElkeDagFeest (hereinafter referred to as ElkeDagFeest). ElkeDagFeest focuses on the private market.
Business address: Zwartezeestraat 7, Oost-Souburg
Telephone number: +31 (0) 6 81 22 59 99
Chamber of Commerce number: 68856350
VAT number: NL001592181B60
IBAN number: NL70RABO0319493806
Article 2. Definitions
- ElkeDagFeest: Contractor.
- Client: Client.
Agreement: The agreement between customer and ElkeDagFeest for the rental of articles, face painting, children's workshops, organization of an (activity at an) event.
- Party items: Items that are used for a children's party such as a chocolate fountain, party tent or party items for single use.
- Services: Advising, developing a script or (loyalty) concept, developing and guiding concepts, designing (promotional) products, guiding workshops, childcare, face painting and other interactivities.
- Events: The focus is on, for example, company parties, festivals, staff parties, conferences, open days, trade fairs and camping sites.
Article 3. General
- Unless explicitly agreed otherwise in writing, these general terms and conditions apply to all agreements for the delivery of goods, products and / or services by ElkeDagFeest, as well as to all agreements in which ElkeDagFeest acts as contractor or supplier as lessor or seller.
- Before the agreement is concluded, the text of these general terms and conditions will be made available to the customer.
- If the customer enters into an agreement, he has agreed that these conditions apply.
- These general terms and conditions are part of the rental agreement.
- Any general terms and conditions of a counterparty are rejected by ElkeDagFeest, unless their applicability has been explicitly agreed in writing.
- Not only ElkeDagFeest, but also all persons and companies engaged by ElkeDagFeest in the execution of an agreement can invoke these General Terms and Conditions.
- ElkeDagFeest can change the general terms and conditions. These changes also apply to existing agreements.
- Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
- Uncertainties about the explanation or the content of one or more provisions of these general terms and conditions should be explained 'in the spirit' of these general terms and conditions.
- If one or more provisions of these general terms and conditions are wholly or partially null and void or destroyed, the agreement and these terms and conditions will remain in force for the remainder. The relevant provision will then be replaced by a provision that approximates the purport of the original as closely as possible.
- If the general terms and conditions are not strictly applied, the deviation does not mean that the general terms and conditions do not apply.
Article 4. Offers and formation of agreements
- All offers and / or quotations that ElkeDagFeest makes are without obligation unless explicitly agreed otherwise. An agreement is only concluded by accepting an offer from ElkeDagFeest. An offer made by ElkeDagFeest is in any case deemed to have been rejected if it is not accepted within one month.
- If, in the case of a quotation with a composite quotation, the customer only wishes to place an order for part of the offered work, a completely new quotation and quotation will be made for that assignment. If the order is not forthcoming after a requested quotation, the costs of the calculation may be charged
- By agreeing to the offered assignment, the customer declares to agree with these terms and conditions and the agreement is concluded.
- Offers can be withdrawn up to four weeks before the execution date of the assignment, without giving any reason and without any liability arising therefrom. However, when materials are purchased or other costs incurred for the assignment, these costs may be charged to the customer.
- In practice, an invoice is often sent immediately due to the desired date for delivery of the services. If the customer has paid this invoice, he has agreed to the general terms and conditions. The customer hereby also agrees with, for example, article 18 of these general terms and conditions.
- All reports, overviews, advice, materials and documents form part of the agreement, unless otherwise agreed.
Article 5. Ordering services and products and the deposit
- Products can be ordered via the website, email or by telephone.
- Services can be ordered by phone or email.
- The following information must be specified with the order: date, desired item or service, contact person, address for the invoice, address for delivery, telephone number, number of children participating, age of the children and (possibly) the gender of the children.
- The content and scope of the agreement are confirmed in writing in a quotation. In a response to an email, the customer indicates in writing that he agrees with the quotation / agreement.
- Items that we order especially for you cannot be exchanged and must be purchased.
- If you have ordered a service and costs have been incurred for it, you must pay for it. Consider, for example, reservation costs for a room, a companion or materials
- ElkeDagFeest is entitled to refuse an agreement without giving any reason.
- A deposit of € 50 is required for a number of materials. This deposit will be fully refunded after returning undamaged materials. In case of damage greater than the deposit, the customer will pay the outstanding damage amount to ElkeDagFeest within two weeks. After completing the contact form or telephone contact with ElkeDagFeest, the applicant will receive a notification whether the party box is still available on the date requested by the applicant.
Article 6. Cooperation of the customer
- The client must provide ElkeDagFeest with all data, materials and information, of which ElkeDagFeest has indicated that they are necessary or of which the customer should reasonably understand that they are necessary for the proper execution of the agreement or work, to ElkeDagFeest in a timely manner and correctly.
- The customer guarantees the correctness, completeness and reliability of the data, materials or information provided by or on behalf of him.
- The customer ensures that the data, materials or information provided are free of copyrights or other proprietary rights.
- The customer is responsible for the timely availability of employees from its company, or third parties who must be involved in the execution of the agreement on behalf of the customer.
- If this is necessary for the performance of the agreement and / or the work, the customer will provide a workplace and the required facilities at his location free of charge.
Article 7. Amendments to the agreement
The agreement / order can be changed (in the meantime). If applicable, ElkeDagFeest may refuse the assignment.
The change must always be confirmed in writing by ElkeDagFeest.
If an agreement is changed, any delivery terms will also be suspended or changed.
ElkeDagFeest has the right to change the content of a service or package.
The following provisions apply to make-up by ElkeDagFeest.
Article 8. Face painters
- The number of face painters is determined in advance in consultation.
- A make-up artist is entitled to a 15-minute break after 2 hours of make-up. These breaks are paid.
- If a make-up artist is unable to attend due to circumstances, a replacement will be sought as soon as possible. If replacement cannot be offered, ElkeDagFeest is not liable for any damage suffered as a result. This is only possible in case of force majeure.
- Our face painters must be able to use the available sanitary facilities at all times.
- For a rental time longer than 2 hours, between 12:30 and 13:30 and 17:30 and 18:30, the customer must ensure that a meal and drinks are available for the makeup artist.
- At temperatures below 15 degrees, we do not use make-up outside unless it is in a well-heated location.
- At temperatures above 25 degrees, a cool workplace will be found for the makeup artist (s). If this cannot be realized, it may be at the expense of quality and we are not liable for any loss of quality of our materials and execution.
- At temperatures above 30 degrees, ElkeDagFeest reserves the right to cancel the order.
- ElkeDagFeest only makes up in a well-lit location.
- For children, we close the line 30 minutes before the end time. ElkeDagFeest determines the last person to wait and provides him / her with a clear number or board / vest with the end text "I am the last". After the last waiting person, there will be no more make-up. A rule that we apply strictly!
- Unless otherwise agreed, we expect that a table with two chairs or stools will be made available for each make-up artist. If desired, ElkeDagFeest can provide this for an additional fee.
- The customer must ensure that there is a possibility to change water.
- ElkeDagFeest reserves the right to refuse to carry out make-up work if there is a suspicion of (contagious) disease, (transmissible) skin conditions, open wounds, dirt, teething problems, cold sores, eczema and other conditions.
The following provisions apply to the children's workshops of ElkeDagFeest.
Article 9: Children's workshops
- For workshops, a minimum participation of 2 people and a maximum of 12 people applies. If it concerns a larger group, an extra supervisor can be used.
- In case of insufficient participation, the right is retained to move the workshop to another date.
- Participants must register in advance for a workshop by email or telephone due to the deployment of guidance.
- If permanent guidance is unable to attend, a replacement will be sought. If replacement is not possible, the workshop will be suspended to another date determined by ElkeDagFeest.
- If participants are unable to attend on the date of the workshop, they cannot be made up for, unless otherwise agreed before the start of the workshop. Participants cannot claim a reduction of the participation money if they are unable to attend of any kind.
- Parents must transfer the course fee to the above-mentioned account number at least 5 days prior to the workshop, stating the order number of the reservation. If the payment is not credited to the said account 2 days before the start date of the workshop, ElkeDagFeest reserves the right to cancel the registration and offer other people a place. In case of cancellations within 14 days before the start date of the workshop, the course fee will not be refunded.
The following provisions apply to the sale of party supplies by ElkeDagFeest.
Article 10. Cooling-off period with regard to the purchase of party items
- After you have received the product ordered by you, you have the right to dissolve the underlying agreement with ElkeDagFeest within 14 days after receipt of the product, without giving any reason.
- If you wish to dissolve the agreement as a result of article 10.1 of these conditions, you must notify ElkeDagFeest in writing (via email or letter). You must immediately return the product to ElkeDagFeest. You must bear the costs of and the risk for returning it yourself.
- The payments that you have made at the time that you have withdrawn from the agreement with ElkeDagFeest as a result of articles 10.1 and 10.2, ElkeDagFeest will refund you within 14 days after ElkeDagFeest has received the returned product.
- ElkeDagFeest reserves the right to refuse returned products or to credit only part of the amount already paid if it is suspected that the product has already been opened, used or through your fault (other than that of ElkeDagFeest or the supplier of the product) damaged.
- If a product is returned that, in the opinion of ElkeDagFeest, has suffered damage that is due to an act or omission of the buyer or is otherwise at the risk of the buyer, ElkeDagFeest will notify the buyer thereof in writing. ElkeDagFeest has the right to withhold the depreciation of the product as a result of this damage from the amount to be refunded to the buyer.
- Retention of title. Ownership is only transferred to the customer once he has fulfilled his obligations (including payment of the invoice). As long as the customer has not fulfilled his obligations, ElkeDagFeest remains the owner.
Article 11. Not good, money back with regard to the purchased goods
- If within 10 days after you have received the product, the received product appears to be defective, you have 2 options:
- You can ask ElkeDagFeest in writing for repair, replacement or delivery of the missing or defective part of the product; or
- You can cancel the agreement with ElkeDagFeest by notifying ElkeDagFeest in writing.
- If you ask ElkeDagFeest for repair, replacement or delivery of the missing or defective part of the product, you must return the product to ElkeDagFeest. ElkeDagFeest will repair or replace the product or have it replaced and return it to you within 20 working days after it has received the product back from you. The costs of your return shipment, the replacement and / or repair of the product, and the return to you are at the expense of ElkeDagFeest, unless it is plausible that the lack of (part of) the product or the defect of the product is attributable to you. is due or otherwise at your expense and risk. In that case ElkeDagFeest is not obliged to repair the defect in the product or to add the missing part to the product. ElkeDagFeest will then return the product to you in the same condition as that in which it received the product from you.
- If you cancel the agreement on the basis of 11.1 (b), You must immediately return the product to ElkeDagFeest. return. The costs of the return shipment are at the expense of the buyer. The purchase price of the product will be refunded to your account within 10 working days. Article 10.5 applies to this paragraph.
Article 12. Guarantees with regard to goods
1. The warranty period is equal to the manufacturer's warranty.
These provisions below apply to all goods and services of ElkeDagFeest.
Article 13. Complaints
- All complaints related to the delivery, quality, quality of the product or any other complaint will be taken seriously by ElkeDagFeest.
- You must make the complaint known in writing and with reasons to ElkeDagFeest.
- The complaint must be submitted within 2 weeks.
- ElkeDagFeest will try to resolve the complaint within 10 days. ElkeDagFeest will inform you about this in writing by letter or email.
- If it is not possible to investigate the complaint within 10 days, the customer will be informed of this. In addition to the reason for the delay, it will also indicate when the customer will receive a response from ElkeDagFeest.
- If a complaint is well-founded, the invoice amount will be adjusted or the assignment will be (partially) carried out again. ElkeDagFeest determines what applies and not the customer.
- If a complaint is unfounded and ElkeDagFeest has incurred expenses such as engaging an independent third party, these costs will be borne by the customer.
Article 14. Rates and additional costs
- All mentioned rates include VAT, travel costs and other levies imposed by the government.
- In locations where paid parking or tolls apply, these costs are passed on to the customer in the price.
- If the time is extended after the agreed end time for hiring, a surcharge will be charged.
- ElkeDagFeest charges a surcharge on Saturdays, Sundays and public holidays. these (holidays) days.
- Any additional costs such as travel and accommodation costs for the companion are included in the quotation.
Article 15: Payment conditions with regard to services and goods
- Unless explicitly agreed otherwise in writing, 100% payment for services must be made prior to delivery / performance.
- For orders placed at ElkeDagFeest, a final payment term of 14 days after the invoice date applies.
- Payment is made at all times to ElkeDagFeest and never to third parties.
- In the absence of payments due to ElkeDagFeest, ElkeDagFeest is entitled to charge statutory administration costs, followed by summation and collection costs.
- The collection costs are 15% for accounts between € 267 and € 2500. At least € 40 will be charged for accounts under € 267.
invoices are sent by email as much as possible.
- If the customer has a complaint about the invoice, the customer's payment obligation will not be suspended.
- ElkeDagFeest accepts the following payment methods: Bank transfer / prepayment to bank account number NL70RABO0319493806 t.n.v. ElkeDagFeest and pin payments.
Article 16: Gift certificates
- The ElkeDagFeest / Fairytale Birthday gift voucher is only valid at ElkeDagFeest.
- The gift voucher is valid until December 31 of the year in which it was issued, unless otherwise agreed in writing.
- The voucher cannot be exchanged for cash.
- If the voucher proves to be insufficient for the purchase of a product or service, the remaining amount may be paid by other legal tender.
- The gift voucher cannot be returned or exchanged for cash after purchase.
- Any remaining amount cannot be paid out.
Article 17: Transport regarding services and goods
Regardless of the value of the shipment, ElkeDagFeest determines the shipping method. Loading and unloading of goods as well as the transport take place outside the responsibility of ElkeDagFeest and are at the expense and risk of the customer, unless the transport is carried out by ElkeDagFeest itself.
Article 18. Cancellation by the customer
In case of cancellation by the customer, ElkeDagFeest will charge cancellation costs. If an assignment is canceled within 4 weeks, 10% of the assignment must be paid. If an order is canceled 2 weeks before the execution date, 50% of the order must be paid. If an assignment is canceled 1 week before the execution date, 75% of the assignment must be fulfilled. If an order is canceled 24 before the execution date, 100% of the order must be fulfilled.
Article 19: Liability
- ElkeDagFeest is only liable for direct damage (costs that were necessary to determine the cause and extent of the damage, costs to prevent or limit the damage, etc.).
- ElkeDagFeest is not liable for in direct damage such as: missed savings, reputation damage, disappointed expectations, etc.
- Any form of liability is limited to a maximum of the invoice amount of the relevant goods and / or services charged by ElkeDagFeest for the relevant goods and / or services.
- ElkeDagFeest is not liable for damage that the customer and / or a third party has / have suffered, suffers / suffers or will suffer, directly or indirectly, with regard to applied logos, text etc.
- ElkeDagFeest does not accept any liability for damage and / or injury caused by the use of the delivered products, ideas and materials.
a) ElkeDagFeest hereby informs you that the clothing and / or materials from the party box may be made of flammable materials. Some materials and / or sweets can cause an allergic reaction in children. Be well aware of any allergies of those who will be using the party chest.
b) ElkeDagFeest is not responsible for damage and / or injury resulting in any way from the aforementioned risks. All materials in the party box may only be used under adult supervision. At every game or when using the items from the party box, an adult must be present to determine whether or not the items from the party box are suitable for the (smaller) partygoers.
- Parents / guardians are responsible for the course of the party. The use of the party supplies is at your own risk and is the responsibility of the parents / guardians.
- At extreme temperatures (above 25 degrees) we are not liable for any loss of quality of make-up materials.
- ElkeDagFeest reserves the right to refuse the execution of make-up work if there is a suspicion of (contagious) disease, (transmissible) skin conditions, open wounds, dirt, teething problems, cold sores, eczema and other conditions.
- The customer must report the damage for which ElkeDagFeest can be held liable as soon as possible, but in any case within 2 days after the occurrence of the damage to ElkeDagFeest. If this is not done, all right to compensation for this damage will lapse.
- ElkeDagFeest is not liable if errors have been made because you have relied on the information, data, documents etc. that it has received from its customers.
- Any liability expires after 1 year.
Article 20: Force majeure
- In these General Terms and Conditions, force majeure is understood to mean, in addition to what is understood in that area in law and jurisprudence, all external causes, foreseen or not foreseen, on which ElkeDagFeest can exert no influence and as a result of which ElkeDagFeest is unable to fulfill its obligations.
- Circumstances causing force majeure include: strike, lockout, fire, water damage, storm, extreme heat, natural disasters or other external disasters, mobilization, war, traffic obstructions, blockades, import or export barriers or other government measures, lack of labor, as well as any circumstances, as a result of which the normal course of the business is obstructed as a result of which the fulfillment of the agreement by ElkeDagFeest cannot reasonably be expected of the customer.
- If the situation of force majeure is of a temporary nature, ElkeDagFeest reserves the right to suspend the agreed performance in whole or in part for the duration of the force majeure situation.
- If this period lasts longer than 2 months, ElkeDagFeest can terminate the agreement with immediate effect, by means of written notification, without judicial intervention, without being able to claim compensation.
- If ElkeDagFeest at the time of the commencement of force majeure has already partially fulfilled its obligations under the agreement or will be able to fulfill them, and the part that has been fulfilled or to be fulfilled respectively has independent value, ElkeDagFeest is entitled to pay the part already fulfilled or to be fulfilled respectively. charge. The customer is obliged to pay this invoice as if it were a separate agreement.
Article 21: Dissolution, suspension and termination of the agreement
- In case of force majeure ElkeDagFeest is entitled to dissolve or otherwise terminate the agreement, without being liable for any damage suffered as a result.
- In case of extreme heat (above 30 degrees) or very bad weather (for example a storm) ElkeDagFeest is entitled to dissolve or otherwise terminate the agreement, without being liable for any damage suffered as a result.
- If the customer does not comply properly or on time with all obligations arising for him from any agreement concluded with ElkeDagFeest, as well as oath in the event of bankruptcy, suspension of payments, closure or liquidation of the Other Party's business, he or she is deemed to be in default. In that case ElkeDagFeest has the right to suspend the implementation of the agreement or to dissolve the agreement in whole or in part without any notice of default or legal intervention, without ElkeDagFeest being obliged to pay any compensation, but without prejudice to the further rights accruing to ElkeDagFeest.
- In the cases referred to in paragraphs 1 and 2 of this article, any claim that ElkeDagFeest has or obtains against the customer is immediately and immediately due and payable.
Article 22. Disputes and competent court
- Dutch law applies to the legal relationship agreement between ElkeDagFeest and the customer / counterparty, as well as to all disputes arising from this.
- Disputes are only submitted to the court if mutual attempts have been made to resolve the dispute
Article 23. Privacy
Article 24. Photos / Images
During our guidance at events, weddings and workshops, photos can be taken and videos can be made that we use to promote ElkeDagFeest and Fairytale Birthday. We always ask the parents for permission in advance for portrait rights. If this is given, ElkeDagFeest, Fairytale Birthday or anyone who takes over the company for sale may use the material for marketing purposes. In addition to writing, this permission can also be provided via various media such as email, whatsapp, messenger, sms, etc. For promotional parties, the parents of the birthday boy or girl ask permission in advance from all parents, after which ElkeDagFeest takes care of the parties (and films / photographs). Even in the event of death, ElkeDagFeest may continue to use the photo and film material.
Article 25. Ownership
The party box and accompanying items remain, just like the activity overviews, the property of ElkeDagFeest at all times. It is not permitted to copy, resell or provide the scripts and other matters to third parties. The activities overviews provided are for personal use only and nothing may be copied or put on the internet without permission. All concepts devised by ElkeDagFeest remain the property of ElkeDagFeest, unless ElkeDagFeest has renounced them in writing.
ElkeDagFeest © November 2020