TERMS & CONDITIONS
DEFINITIONS:
DEWE: user of these general terms and conditions, to wit Danique Engelberts, acting under the name “DEWE”, “DEWE Weddings Events”; “Danique Engelberts Weddings and Events”;, situated in Rotterdam, Groen van Prinstererstraat and registered in the commercial register under Chamber of Commerce number 93853998.
The Customer: the other party of DEWE being the natural person or legal person who has given the order to DEWE to organize a wedding and / or event (both consumers and companies), or in whose name DEWE has a wedding, event, and /or makes a reservation for it. Until an agreement is concluded, the Customer is also referred to as the applicant.
Agreement: the Agreement of service contract.
Force majeure: in addition to what is meant by force majeure in law and jurisprudence, this also includes all external causes, foreseen or not foreseen, over which DEWE cannot exert influence and as a result of which DEWE cannot, not in time or not able to meet her obligations without in her opinion additional efforts and / or costs. Force majeure includes (and therefore not exclusively):
• mobilization, war, acts of war, terrorism;
• a day or days of national mourning;
• quota or other government measures;
• government decisions;
• work strike;
• natural disasters;
• illness or (short-term) incapacity for work of DEWE;
• deaths within the family or circle of friends;
• epidemics or pandemics;
Article 1 – GENERAL
1.1 These Agreements apply to all offers and quotations from DEWE and to all Agreements between DEWE and the Customer(s), including any amendments, unless deviations have been agreed upon in writing.
1.2 Should any provision of these terms be declared void or become void, the remaining provisions remain fully applicable and effective.
1.3 Any possible deviations from these terms are only valid if explicitly agreed upon in writing by both parties. The applicability of any conditions that may be employed by the Customer are explicitly rejected by DEWE. These general conditions shall be substituted for them.
Article 2 – REALISATION AND CONTENT OF THE AGREEMENT AND INVOLVEMENT OF THIRD PARTIES
2.1 The initial quotation issued is an informal one for both parties. No rights may be derived from misprints, printing errors and typographical errors, or from altered quotations.
2.2 Quotations are valid for two weeks from the date of issuance, unless otherwise stated in the quotation or another Agreement has been reached.
2.3 A quotation composed of multiple parts does not oblige DEWE to execute part of the quotation for the amount specified for that part.
2.4 The Agreement between DEWE and the Customer is established by DEWE receiving a quotation signed by the Customer.
2.5 If DEWE, at the Customer's request, begins implementing or adjusting a quotation without an Agreement being reached, the Customer must reimburse DEWE for incurred costs. This includes research costs, venue viewings, and discussions at the Customer's address.
2.6 If the agreement is made with multiple Customers, all Customers are jointly and severally liable for obligations arising from the agreement.
2.7 DEWE has the right to have certain activities performed by third parties (for example specialists, experts, trainers, advisers), certainly if a good execution of the agreement requires this. The applicability of Article 7: 404, 7: 407 paragraph 2 and 7: 409 of the Dutch Civil Code is expressly excluded.
2.8 DEWE will communicate the involvement of third parties if it affects the execution of the assignment.
Article 3 – CUSTOMER COOPERATION
3.1 The Customer must ensure that all information and documents DEWE deems necessary for the proper and timely execution of the order are provided promptly and in the requested form and manner.
3.2 The Customer must immediately inform DEWE of any facts or circumstances that could affect the correct execution of the agreement.
3.3 Unless otherwise specified in the Agreement, the Customer is responsible for the accuracy, completeness, and reliability of the information and documents provided to DEWE, even if they originate from third parties. DEWE is not liable for damages resulting from reliance on incorrect or incomplete information provided by the Customer.
3.4 Unless the nature of the agreement dictates otherwise, the Customer will engage or ensure the engagement of necessary personnel to support DEWE's work. If specific personnel support is necessary, this will be agreed upon and documented in the agreement. The Customer must ensure that supporting personnel have the appropriate skills and experience.
3.5 Extra costs and fees resulting from delays in executing the order due to late, incomplete, or incorrect provision of requested information, documents, facilities, and/or personnel will be attributed to the Customer. DEWE has the right to suspend the Agreement in such cases.
3.6 If the Customer engages additional support personnel, this must be communicated in writing to DEWE at least three weeks in advance. This extra support will be billed based on the agreed hourly rate, excluding travel and lodging expenses.
3.7 On the wedding day, the Customer must provide a healthy meal for DEWE and any third parties engaged by DEWE. If the wedding or reception location is more than a two-hour drive from DEWE’s residence, the Customer will be billed for an overnight hotel stay. Coordination regarding hotel booking will take place between DEWE and the Customer.
3.8 The Customer consents to DEWE using visual materials for portfolio purposes, respecting the rights of the creator.
3.9 If the Customer contracts suppliers, all Agreements with these suppliers must be documented in writing no later than two weeks before the wedding. Failure to do so or significant changes will result in a charge of €175 including VAT per documentation or change.
Article 4 – EXECUTION OF THE AGREEMENT
4.1 DEWE is only required to execute the Agreement after receiving a signed quotation and payment of the first 25% of the agreed amount as specified in article 7.1.
4.2 DEWE retains the right to employ third parties for the execution of the Agreement if necessary.
4.3 The costs for the assistance of third parties and the costs in connection with the reasonable requests of these third parties in regard to facilities shall be borne by the Customer. Those costs are not included in the amount agreed to by both parties, unless explicitly stated elsewhere in writing.
4.4 Vendors and other individuals not mentioned in article 4.2 are employed by and at the expense of the Customer, unless explicitly stated otherwise in writing.
4.5 If the Customer wishes to involve third parties for the execution of the Agreement, they must reach an Agreement with DEWE beforehand. Employing third parties can significantly impact DEWE’s ability to execute the agreement correctly. This provision also applies to DEWE.
4.6 Styling materials provided by DEWE remain DEWE’s property, except for (fresh) flowers. If these materials are not returned or are returned damaged, the Customer must compensate DEWE for their replacement value.
Article 5 – CHANGES TO THE AGREEMENT
5.1 If it becomes necessary to modify or supplement the tasks for a correct execution during the execution of the Agreement, both parties will confer in a timely manner to adjust the Agreement accordingly.
5.2 If modifications or supplements to the Agreement have financial or qualitative consequences, DEWE will inform the Customer beforehand.
5.3 DEWE retains the right to increase the agreed price if more than three months have passed since the Agreement was made and there are legally imposed price increases or unexpected reasonable higher costs. DEWE will communicate and explain these changes to the Customer as soon as possible.
5.4 DEWE may raise the agreed price if it appears that the original agreed or expected amount of work was severely underestimated and this is not attributable to DEWE, making it unreasonable to fulfill the tasks for the original amount. DEWE will inform the Customer of the intended price increase, stating the amount and the effective date.
Article 6 – FEES
6.1 DEWE’s fees exclude DEWE’s expenses and third-party expenses employed by DEWE
6.2 Transportation costs within the Netherlands will be billed on the final invoice based on post-calculation at €0.45 per kilometer driven.
Article 7 – PAYMENT
7.1 The agreed amount of the Agreement will be invoiced as followed. For partially or fully organized weddings, domestic or abroad, the amount will be invoiced in three parts: 25% upon agreement creation, 25% halfway through planning, and 50% two weeks before the wedding.
7.2 If the Customer postpones the wedding for whatever reason to the next calendar year, this will be done in consultation with DEWE. Postponement will incur an additional cost of 50% of the minimum turnover guarantee, plus any additional work (hours based on subsequent calculation), subject to DEWE's availability.
7.3 The Customer must pay the invoice within 14 days of the invoice date, unless otherwise agreed between both parties.
7.4 After the wedding, the Customer may receive an additional invoice based on subsequent calculations for not yet invoiced costs and any modifications to the Agreement.
7.5 Possible objections to the (amount of) an invoice do not suspend the payment obligation for the non-contested part of the invoice.
7.6 Customer who does not pay on time is in default by operation of law from the expiry of the payment term, without further notice of default being required. From that moment on, DEWE will claim:
• the statutory interest (or an interest rate to be determined by yourself) from the due date until full payment.
• if the Customer is a consumer, the extrajudicial costs are in accordance with ‘’the Extrajudicial Collection Costs Reimbursement Decree’’, as referred to in Section 6:96 (4) of the Dutch Civil Code. These costs are increased by the VAT owed thereon, depending on whether the Customer can settle the turnover tax;
• in case that the Customer is a legal person, or a natural person who acts in the course of a profession or business, the extrajudicial costs, which costs amount to 15% of the principal sum owed, with a minimum of € 200.00
Article 8 – RESEARCH, COMPLAINTS AND CLAIMS
8.1 Claims must be submitted within one week of discovery, and no later than four weeks after the wedding day, in writing and with sufficient justification to DEWE. The notice of default must describe the shortcoming in detail for DEWE to respond adequately.
8.2 DEWE must be able to verify the claim which is submitted. If the claim is justified, and correction is not possible, DEWE may be liable within the terms described in article 10.
8.3 Submitting a timely claim does not relieve Customer of the (payment) obligations under the Agreement.
Article 9 – DISSOLUTION, CONCLUSION AND SUSPENSION OF THE AGREEMENT
9.1 DEWE reserves the right to refuse or terminate an agreement, or any amendments thereto, at any time without being liable for damages. Additionally, DEWE is entitled, at its sole discretion, to deviate from or entirely or partially terminate an agreement at the expense of the negligent party if the content of the agreement is, in its judgment, detrimental to the interests and/or reputation of the company, if the safety of guests, staff, and/or contracted suppliers is deemed insufficiently ensured, or in cases of improper use of the provided materials.
9.2 If the agreement is terminated, DEWE's claims against the Customer become immediately due and payable. If DEWE suspends the fulfillment of its obligations, it retains its legal and contractual claims.
9.3 The Customer is required to take out a wedding insurance policy unless both parties explicitly agree otherwise in writing.
9.4 If the Customer cancels an agreement, in whole or in part, the costs incurred by DEWE, including payments to third parties, must be reimbursed as follows:
9.4.1 In case of cancellation up to 8 weeks before the wedding day, DEWE is entitled to charge 75% of the total agreed hours.
9.4.2 In case of cancellation 3 to 8 weeks before the wedding day, DEWE is entitled to charge 90% of the total agreed hours.
9.4.3 In case of cancellation within the last 3 weeks before the wedding day, DEWE is entitled to charge 100% of the total agreed hours.
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Article 10 – LIABILITY
10.1 DEWE shall fulfil her tasks to the best of her abilities and be as attentive to details as can be expected from a reasonably competent and reasonably professional colleague. If an error is made due to incorrect or insufficient information from the Customer, DEWE is not liable for any damage that occurs as a result of this negligence. If Customer demonstrates that he or she has suffered damages due to an error of DEWE that would be avoided by acting carefully, then DEWE is only liable for direct damages and up to a maximum of the agreed fee. DEWE is never liable for damages of any nature whatsoever as a result of the actions or negligence of the supplier(s) engaged directly by Customer.
10.2 Direct damage is understood to mean:
• the reasonable expenses to determine the cause and the extent of the damage, insofar as the determination relates to damage pursuant to these conditions:
• the reasonable expenses possibly incurred to determine DEWE’s shortcomings in regard to the fulfilment of the Agreement, in case these can be attributed to DEWE;
• the reasonable expenses incurred to prevent or limit the damage, insofar as the Customer can demonstrate these expenses have led to limiting the direct damage as described in these general conditions.
10.3 DEWE is not liable for indirect damages, including consequential damage, forgone profits, missed savings, damage due to business interruption, liability for costs related to court proceedings, interest and/or damages due to delays, damages as a result of faulty cooperation and/or information from the Customer, and/or damage incurred through DEWE informal tips or advice of which the content did not explicitly form a part of the written Agreement.
10.4 If DEWE engages one or more third parties for the fulfilment of the Agreement as intended in article 4.2, then DEWE is never liable for any errors that are incurred by this third party or parties. If a third party or a third party’s liability is limited, then DEWE has the authority to accept that liability limitation on behalf of the Customer.
10.5 DEWE is not liable for the damage or destruction of documents during transportation or while being sent through the mail, regardless of whether this mailing occurs by or in the name of the Customer, DEWE or third parties.
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Article 11 – DISCLAIMER
11.1 The Customer holds DEWE harmless from the amounts receivable from third parties due to damage caused by the Customer giving DEWE false or incomplete information, unless the Customer can demonstrate that the damage has no connection with dealings or omissions by the Customer or is caused by premeditation or gross negligence by DEWE, and unless any binding national or international law or regulation does not permit such a stipulation.
11.2 The Customer holds DEWE harmless to claims from third parties with regard to the rights to intellectual property to materials or information provided by the Customer, which will be used for the execution of the Agreement.
11.3 The Customer holds DEWE harmless for liability from third parties as mentioned in Article 4.2 and for liability from third parties as mentioned in Article 4.4.
11.4 In case the Customer issues data carriers, electronic documents, software etc., the Customer guarantees the data carriers, electronic documents or software are free of viruses and defects.
Article 12 – FORCE MAJEURE
12.1 DEWE is not obliged to fulfill any obligation to the Customer if she is obstructed to do so as a result of a circumstance that is not due to fault and is not at her expense under the law, a legal act or current prevailing opinions.
12.2 The Customer is to be informed of the force majeure in writing as soon as possible by DEWE, unless the Customer’s address has not been made known to DEWE, and cannot reasonably be obtained. In this scenario, the Customer will be informed of the force majeure verbally as soon as possible.
12.3 DEWE can suspend the obligations under the agreement during the period that force majeure continues. If this period lasts longer than two months, then each party has the right to dissolve the agreement, without obligation to pay compensation to the other party.
12.4 In case of force majeure, DEWE will make reasonable efforts to provide the Customer with an alternative solution if desired.
12.5 To the degree that DEWE has already met her obligations at the time of the force majeure or shall be able to meet her obligations, and insofar the completed or to be completed part of the Agreement has independent value, DEWE is entitled to declare the completed or to be completed part of the Agreement separately to the Customer. Customer is required to fulfil this declaration as if it were an individual Agreement and with consideration of the provisions of these general terms and conditions.
Article 13 – CONFIDENTIALITY
13.1 Both the Customer and DEWE are obliged to keep the confidentiality of all confidential information that they have obtained from each other or from other sources within the scope of the Agreement. Confidential information applies if it has been communicated as such by the other party or if it arises from the nature of the information.
13.2 If, pursuant to a legal provision or a court ruling, DEWE is required to provide confidential information to a third party designated by law or by a competent court, and DEWE cannot claim a right of privilege recognized or permitted by law or by the competent court, DEWE is not liable for damages or compensation, and the Customer is not entitled to dissolve the Agreement on the grounds of any damage caused by this requirement.
13.3 If the Customer acts in violation of this provision, the Customer is liable, regardless of whether the violation can be attributed to the Customer and without requiring prior notice of default or legal proceedings, to pay an immediately due and payable fine of 20,000 (twenty thousand) euros to DEWE for each violation, without the need to prove any form of damage and without prejudice to any other rights of DEWE, including the right to claim additional damages alongside the fine.
Article 14 – INTELLECTUAL PROPERTY
14.1 All intellectual property rights related to and/or resulting from the Agreement executed by DEWE remain with DEWE. The Customer only receives non-exclusive and non-transferable usage rights explicitly granted by these terms and conditions and the law. Any other or broader rights of the Customer are excluded.
14.2 The documents provided by DEWE to the Customer are intended solely for the Customer's use. The Customer is not permitted to disclose or reproduce any obtained information in any form. This includes, but is not limited to, editing, selling, making available, distributing, and integrating it into networks, whether or not after modification, except where such disclosure and/or reproduction is expressly permitted in writing by DEWE and/or such disclosure and/or reproduction arises from the nature of the Agreement with DEWE.
14.3 DEWE reserves the right to use the knowledge gained during the execution of the Agreement for other purposes, provided that no confidential information of the Customer is disclosed to third parties.
14.4 DEWE has the right to use the Customer’s name and logo as a reference or for promotional purposes.
14.5 The Customer indemnifies DEWE against claims from third parties regarding intellectual property rights.
14.6 If DEWE holds copyright on a portrait created on behalf of the Customer, the Customer grants DEWE permission to publish the work. Such publication does not infringe on the Customer’s portrait rights.
14.7 In addition to the previous paragraph, the Customer is liable for the portrait rights of third parties (being visitors or participants of the wedding or event). The Customer also indemnifies DEWE against potential infringements in this regard.
14.8 If the Customer acts in violation of this article, the Customer is liable for an immediately payable fine amounting to three times the agreed amount for that Agreement, without prejudice to DEWE's right to claim damages.
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Article 15 – DISPUTES
15.1 Any disputes between DEWE and the Customer will be brought before a competent court in the municipality where DEWE is based.
15.2 The Customer has the right to select a competent legal court for dispute resolution within one month after DEWE has invoked paragraph 1 against them.
Article 16 – APPLICABLE LAW
Dutch law applies to any legal relationship between DEWE and Customer.