GENERAL TERMS AND CONDITIONS
1.Definitions
Alex in Wonderland, registered as Alexandra Robyn at Chamber of Commerce with number 80583415 and located at the Fazantenweg 93/1, 1021HM in Amsterdam.
Customer: any party with which Alex in Wonderland has entered into an agreement.
Parties: Alex in Wonderland and Customer together.
Consumer: any Customer that is also an individual that acts for private purposes (7:5 Dutch Civil Code).
2. Applicability
These terms and conditions apply to all quotations and offers of, and agreements entered into with Alex in Wonderland and any work or assignments performed by or in name of Alex in Wonderland.
Parties can only deviate from these terms and conditions when this is explicitly agreed upon in writing.
Any additional or divergent terms and conditions of the Customer or of any third parties do not apply.
3. Quotations and offers
Any quotation or offer of Alex in Wonderland is without obligation (vrijblijvend), unless Parties explicitly agreed otherwise.
Any quotation or offer of Alex in Wonderland is calculated on the basis of the number of persons communicated by Customer (see also 10.3).
4. Execution of the agreement
Alex in Wonderland reserves the right to hire any third parties for the execution of the agreement.
Customer is responsible for ensuring that Alex in Wonderland can start with the execution of the agreement in a timely manner. Any extra costs incurred for failing to do so will be at the Customer’s expense.
Customer agrees to return any property of Alex in Wonderland without any damages and in a timely manner (see also 14.6).
5. Guarantee
Alex in Wonderland has agreed to provide a service to Customer and does this to their best reasonable effort (inspanningsverplichting). Company does not commit to any obligation of result (resultaatverplichting) towards Customer.
6. Information
Customer will provide any information relevant for the appropriate execution of the agreement in a timely and appropriate manner. Customer agrees to communicate the final number of persons and any dietary requirements at the latest one week prior to the event or order. No changes to the menu can be made after this.
Alex in Wonderland may charge an additional fee for (additional) orders that are made last minute (less than one week prior to the event) at their discretion.
Customer guarantees the accuracy, completeness and soundness of the information provided, also if this information has been received from third parties.
If the Customer does not provide the relevant information, not in time or not appropriately causing any delays to the execution of the agreement, any extra costs incurred will be at the Customer’s expense.
7. Duration of the agreement
The agreement between Alex in Wonderland and Customer is entered into for an indefinite period of time, unless the nature of the agreement provides otherwise (such as one-off events or deliveries) or unless Parties agree otherwise explicitly and in writing.
Parties can terminate any indefinite agreement with due observance of a notice period of two months, or one month if the Customer is also a Consumer.
8. Cancellation
Customer can cancel any delivery or event under the following terms:
In case of any (partial) cancellation by Customer within 7 days prior to the date of delivery or event, Customer will be required to pay 100% of the agreed fees.
In case of any (partial) cancellation by Customer between 7 and 14 days prior to the date of delivery or event, Customer will be required to pay 50% of the agreed fees.
In case of any (partial) cancellation by Customer between 14 and 21 days prior to the date of delivery or event, Customer will be required to pay 15% of the agreed fees.
Any changes to the agreed date of the event or order will be regarded as a cancellation for the purpose of this agreement.
If Customer is also a Consumer, Alex in Wonderland will charge as a cancellation fee a reasonable compensation for incurred cost and lost profits.
Alex in Wonderland can cancel any agreement immediately without any warning in case the physical or social space provided by Customer is in any way unsafe. This includes but is not limited to any aggressive, abusive or discriminatory behavior towards Alex in Wonderland or any third parties hired by Alex in Wonderland.
9. Confidentiality
Customer agrees to treat any information that they receive from Alex in Wonderland as confidential information.
This also applies to any other information regarding Alex in Wonderland that is or can reasonably be expected to be confidential, or any information which can be expected to cause harm to Alex in Wonderland.
Customer will take all necessary measures to ensure that they keep this information confidential.
This does not apply to information which has already been made public without being a result of a violation of the duty of confidentiality or that Customer is legally required to make public.
The duty of confidentiality applies for the duration of the agreement and after the agreement has ended.
Customer will be liable for any damages caused by violating the duty of confidentiality.
10. Pricing
Any fees that Alex in Wonderland charges are in Euro’s and exclude VAT (BTW) and other costs such as travel costs, transportation costs, costs of renting equipment or additional personnel, unless Parties explicitly agreed otherwise.
Alex in Wonderland reserves the right to change any fee that they have made known on their website or otherwise.
The fee agreed upon between Parties is indicative. Any additional consumption will be charged to Customer on a post-calculation basis, unless Parties have explicitly and in writing agreed upon a fixed fee from which Parties cannot deviate.
11. Payment terms
Alex in Wonderland may require a prepayment upon acceptance of the agreement. If this is the case, Alex in Wonderland will communicate this to Customer prior to acceptance of the agreement.
Customer will pay their invoice within 14 days after the date indicated on the invoice as the invoice date.
If Customer has not paid the invoiced amount on the last day of the payment term, they are in default (in verzuim en in gebreke) by operation of law, without any reminder or notice of default (ingebrekestelling) being necessary.
Alex in Wonderland reserves the right to require immediate payment of the outstanding fees prior to continuation of their services.
12. Late payment
If Customer does not pay within the period agreed upon, Alex in Wonderland has the right to charge legal interest in accordance with the law.
If Customer is in default (in verzuim), they are required to compensate any extrajudicial collection costs and any damages to Alex in Wonderland.
If Customer is late with their payment, Alex in Wonderland reserves the right to suspend their obligations until Customer has fulfilled their payment obligations.
In case of any loss of free control over their property by Customer (including but not limited to bankruptcy or freezing of assets), any claims that Alex in Wonderland may have, are immediately payable (opeisbaar).
In case that Customer refuses to cooperate with Alex in Wonderland to execute the agreement, Customer is required to pay any agreed fees to Alex in Wonderland under the agreement.
13. Complaints
Any complaints about the services provided by Alex in Wonderland should be reported on the day itself in case of an event, and within 2 days after delivery, in case of a delivery.
14. Liability
Any liability of Alex in Wonderland will be limited to the amount paid by their liability insurance. If no payment is made under the insurance, the liability of Alex in Wonderland is limited to the fees charged in connection with the agreement, with a maximum of EUR 1000.
Alex in Wonderland is only liable for any damages to the extent that these damages are caused by intent or gross negligence.
In case Alex in Wonderland is held liable for any damages, their liability is limited to direct damages that result from or relate to the execution of the agreement.
Alex in Wonderland is never liable for indirect damages, such as consequential losses (gevolgschade), loss of profits or savings or damages to third parties.
Any claim of damages expires 6 months after the event from which the alleged damages have directly or indirectly arisen. This does not prejudice the provisions of 6:89 Dutch Civil Code.
Customer is liable for any damages or loss caused by Customer or any third party to any property of Alex in Wonderland or any third parties hired by Alex in Wonderland. Alex in Wonderland charges a fee of EUR 3 for any missing or broken glass jars.
15. Indemnity
Customer indemnifies Alex in Wonderland against all claims that third parties may have that are related to all products and services provided by Alex in Wonderland.
Customer further indemnifies Alex in Wonderland for any claims that may arise from the damages or loss of any equipment rented by Alex in Wonderland on behalf of the Customer.
16. Force Majeure
Any shortcoming of Alex in Wonderland in the fulfillment of any obligations towards Customer cannot be attributed to Alex in Wonderland in case of force majeure (overmacht). Force majeure includes any circumstance, foreseeable or unforeseeable, that complicates the performance of the agreement by Alex in Wonderland to such an extent that it is impossible or unreasonably inconvenient.
This includes but is not limited to the following circumstances: any state of emergency such as war, uprising, riots, natural disasters or pandemic, any default or force majeure of suppliers, delivery company or people or other third parties, any interruptions of power, electricity, internet or other important services, computer viruses, strikes or other work interruptions, government measures, transportation problems and bad weather conditions.
In case Alex in Wonderland cannot fulfill one of their obligations towards Customer as a result of the force majeure, these obligations will be suspended until Alex in Wonderland is able to fulfill their obligations.
Alex in Wonderland is not liable for any damages in case of any force majeure situation, even if they invertedly have enjoyed any benefits from it.
17. Changes in the general terms and conditions
Alex in Wonderland is entitled to amend or supplements these general terms and conditions. Changes of minor importance can be made at any time.
Major changes in content will be communicated to Customer.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
18. Consequences of voidness or annulment (nietigheid of vernietigbaarheid)
If one or more provisions of these terms and conditions are void or can be annulled, this will not affect its other provisions.
Any provisions that may be void or can be annulled, will be replaced by a provision that will be closest to what Alex in Wonderland intended when drafting these terms and conditions.
19. Applicable law and competent court
Dutch law applies exclusively to any agreement between Parties.
The Dutch court in Amsterdam is exclusively competent in case of any disputes between Parties, unless the law prescribes otherwise.
20. Other
Unless Customer is also a Consumer, Customer waives any right they may have to suspend (opschorten) any commitment (verbintenis) that may be derived from the agreement.
Unless Customer is also a Consumer, Customer waives any right they may have to set-off (verrekenen) any debt to Alex in Wonderland with any outstanding claims to Alex in Wonderland.
In accordance with art. 3:83 sub 2 Dutch Civil Code, Customer cannot transfer any rights that may be derived from the agreement to third parties unless Parties agreed otherwise explicitly and in writing.