Terms and Conditions

Wolff's Entertainment Terms and Conditions



Definitions


1. Wolff's Entertainment: Wolff's Entertainment, established in Nijmegen under Chamber of Commerce no. 80498906.

2. Customer: the person with whom Wolff's Entertainment has entered into an agreement.

3. Parties: Wolff's Entertainment and customer together.

4. Consumer: a customer who is also an individual and who acts as a private person.


Applicability of general terms and conditions


1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Wolff's Entertainment.

2. Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.

3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.


Prices


1. All prices that Wolff's Entertainment uses are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or otherwise agreed.

2. Wolff's Entertainment can change all prices charged on Wolff's Entertainment for products or services, on the website or otherwise.

3. Increases in the cost prices of products or parts thereof, which Wolff's Entertainment could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to a price increase.

4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

5. The price with regard to a service is determined by Wolff's Entertainment on the basis of the hours actually spent.

6. The price is calculated according to the usual hourly rate of Wolff's Entertainment, applicable for the period in which he performs the work, unless a different hourly rate has been agreed.

7. If the parties have agreed on a total amount for a service provided by Wolff's Entertainment, this is always a target price, unless the parties have expressly agreed on a fixed price in writing, which cannot be deviated from.

8. Wolff's Entertainment is entitled to deviate up to 10% from the target price.

9. If the target price is more than 10% higher, Wolff's Entertainment must inform the customer in good time why a higher price is justified.

10. If the target price is more than 10% higher, the customer has the right to cancel the part of the order that exceeds the target price plus 10%.

11. Wolff's Entertainment reserves the right to adjust the prices annually.

12. Wolff's Entertainment will communicate price adjustments to the customer prior to their effective date.

13. The consumer has the right to cancel the agreement with Wolff's Entertainment if he does not agree with the price increase.


Payments and payment term.


1. Wolff's Entertainment may require a down payment of up to 50% of the agreed amount upon entering into the agreement.

2. The customer must make payments 1 day before delivery of the product.

3. Wolff's Entertainment reserves the right to make a delivery conditional on immediate payment or to demand a security for the total amount of the services or products.

Consequences of not paying on time

1. If the customer does not pay within the agreed term, V is entitled to charge an interest of 1% per month from the day the customer is in default, whereby part of a month is counted as a whole month.

2. If the customer is in default, he also owes extra-marital collection costs and any compensation to Wolff's Entertainment.

3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.

4. If the customer does not pay on time, Wolff's Entertainment may suspend its obligations until the customer has fulfilled its payment obligations.

5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, Wolff's Entertainment's claims against the customer are immediately due and payable.

6. If the customer refuses to cooperate with the execution of the agreement by Wolff's Entertainment, he is still obliged to pay the agreed price to Wolff's Entertainment.


Right of advertising


1. As soon as the customer is in default, he is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.

2. Wolff's Entertainment invokes the right of advertising by means of a written or electronic communication.

3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Wolff's Entertainment, unless the parties agree otherwise.


Packing and Shipping


1. If the packaging of the delivered products is opened or damaged, the customer must take receipt of the product, have the forwarder or delivery person make a note of this, failing which Wolff's Entertainment cannot be held liable for any injury.

2. If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to Wolff's Entertainment prior to transport, failing which Wolff's Entertainment cannot be held liable for any damage.


Insurance


1. The customer undertakes to sufficiently insure and keep insured the following items against, among other things, fire, explosion and water damage as well as theft:

* delivered goods that are necessary for the execution of the underlying agreement

* Wolff's Entertainment business present at the customer's premises

* goods delivered under retention of title

2. At Wolff's Entertainment's first request, the customer makes the policy of these insurance policies available for inspection.


Conservation


1. If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.

2. Any additional costs as a result of early or late purchase of products will be fully borne by the customer.


Guarantee

1. When the parties have entered into an agreement with a service character, this only contains best efforts obligations for Wolff's Entertainment, not obligations of results.

2. The warranty with respect to products only applies to defects caused by faulty manufacture, construction or material.

3. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.

4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the time when these are legally and/or actually delivered. at least come under the control of the customer or of a third party who receives the product on behalf of the customer.

5. The costs for returning or returning the products are for the account of the customer.


Right of withdrawal


1. A consumer can cancel an online purchase during a reflection period of 14 days without giving any reason, provided that:

* the product has not been used

* it is not a product that can spoil quickly, such as food or flowers

* it is not a product that has been tailor-made or modified especially for the consumer

* it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)

* the seal is still intact if it concerns data carriers with digital content (DVDs, CDs, etc.)

* the product is not a journey, transport ticket, catering assignment or form of leisure activity

* the product is not a loose magazine or newspaper

* it is not an (order for) emergency repair

* the consumer has not waived his right of withdrawal

2. The reflection period of 14 days as referred to in paragraph 1 starts:

* on the day after the consumer has received the last product or part of 1 order

* as soon as the consumer has received the first product with a subscription

* as soon as the consumer has purchased a service for the first time

* as soon as the consumer has confirmed that he will purchase digital content via the internet

3. The consumer can make his appeal to the right of withdrawal known via info@wolffsentertainment.nl, if the region is concerned, using the contact form that can be completed via the website of Wolff's Entertainment, www,wolffsentertainment.nl.

4. The consumer is obliged to return the product to Wolff's Entertainment within 14 days after making his right of withdrawal known, failing which his right of withdrawal will lapse.

5. The costs for returning will only be borne by Wolff's Entertainment if the entire order is returned.

6. If the purchase costs and any other costs (such as shipping and return costs) are eligible for a refund according to the law, Wolff's Entertainment will refund these costs to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Wolff's Entertainment in a timely manner.


Right of suspension


Unless the customer is a consumer id, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.


Right of retention


1. Wolff's Entertainment can invoke its right of retention and, in that case, keep the customer's products under its control, until the customer has paid all outstanding invoices with regard to Wolff's Entertainment, unless the customer has provided sufficient security for those costs.

2. The right of retention also applies under previous agreements from which the customer still owes Wolff's Entertainment payments.

3. Wolff's Entertainment is never liable for any damage that the customer may wisely suffer as a result of using its right of retention.


Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt owed to Wolff's Entertainment against a claim against Wolff's Entertainment.


Retention of title


1. Wolff's Entertainment remains the owner of all delivered products until the customer has fully complied with his payment obligations towards Wolff's Entertainment on the basis of whatever agreement has been concluded with Wolff's Entertainment, including claims for failure to perform.

2. Until then, Wolff's Entertainment can invoke its retention of title and take back the items.

3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.

4. If Wolff's Entertainment invokes its retention of title, the agreement is deemed to have been dissolved and Wolff's Entertainment has the right to claim compensation, lost profit and interest.


Delivery


1. Delivery takes place while stocks last.

2. Delivery takes place via GLS unless the parties have agreed otherwise.

3. Delivery of products ordered online takes place at the address indicated by the customer.

4. If the agreed amounts are not paid or are not paid on time, Wolff's Entertainment has the right to suspend its obligations until the agreed part has been paid.

5. In the event of late payment, there is default by creditors, with the result that the customer cannot object to Wolff's Entertainment for a late delivery.


Delivery time


1. The delivery times stated by Wolff's Entertainment are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.

2. The delivery time commences when the customer has completed the (electronic) ordering process in full and has received an (electronic confirmation) from Wolff's Entertainment.

3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Wolff's Entertainment cannot deliver within 14 days after receiving a written demand to do so or the parties have agreed otherwise.


Actual delivery


The customer must ensure that the actual delivery of the products ordered by him can take place on time.


Transportation costs


Transport costs are for the account of the customer, unless the parties have agreed otherwise.


Packing and Shipping


1. If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which Wolff's Entertainment cannot be held liable. for any damage.

2. If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to Wolff's Entertainment prior to transport, failing which Wolff's Entertainment cannot be held liable for any damage.


Insurance


1. The customer undertakes to sufficiently insure and keep insured the following items against, among other things, fire, explosion and water damage as well as theft:

* delivered goods that are necessary for the execution of the underlying agreement

* Wolff's Entertainment business present at the customer's premises

* goods delivered under retention of title

2. The customer provides the policy of these insurances for inspection at Wolff's Entertainment's first request.


Conservation


1. If the customer ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.

2. As well as additional costs as a result of early or late purchase of products, are fully borne by the customer.


Guarantee


1. When the parties have entered into an agreement with a service nature, this only contains best efforts obligations for Wolff's Entertainment, not obligations of results.

2. The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.

3. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.

4. The risk of loss, damage or theft of the products that are the prelude to an agreement between the parties transfers to the customer at the time when these are legally and/or actually delivered, or at least come under the control of the customer or from a third party who takes delivery of the product on behalf of the customer.


Performance of the agreement


1. Wolff's Entertainment will perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.

2. Wolff's Entertainment 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 any agreed advance by the customer.

4. It is the responsibility of the customer that Wolff's Entertainment can start the execution of the agreement on time.

5. If the customer has not ensured that Wolff's Entertainment can start the execution of the agreement in time, the resulting additional costs and/or extra hours will be borne by the customer.


Information provided by the customer


1. The customer makes all information, data and documents relevant for the correct execution of the agreement available to Wolff's Entertainment in a timely manner and in the desired form.

2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, insofar as the nature of the agreement does not dictate otherwise.

3. If and insofar as the customer so requests, Wolff's Entertainment will return the relevant documents.

4. If the customer does not make available the information, data or documents reasonably required by Wolff's Entertainment, or does not timely or properly, and the execution of the agreement is delayed, the resulting additional costs and hours will be borne by the customer.


Disclaimer


The customer indemnifies Wolff's Entertainment against all third-party claims related to the products and/or services supplied by Wolff's Entertainment.


Complaints


1. Complaints must be made as soon as possible to examine a product or service provided by Wolff's Entertainment for any shortcomings.

2. If a delivered product or service does not correspond to what the customer could expect from the agreement, the customer must inform Wolff's Entertainment of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.

3. Consumers must inform Wolff's Entertainment of this no later than 2 months after discovery of the shortcomings.

4. The customer provides as detailed a description as possible of the shortcoming, so that Wolff's Entertainment 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 lead to Wolff's Entertainment being obliged to perform other work than has been agreed.


Notice of default


1. The customer must notify Wolff's Entertainment in writing of any notice of default.

2. It is the customer's responsibility that a notice of default actually reaches Wolff's Entertainment (on time).


Joint and several liability customer


If Wolff's Entertainment enters into an agreement with multiple customers, each of them will be jointly and severally liable for the full amounts owed to Wolff's Entertainment under that agreement.


Liability Wolff's Entertainment


1. Wolff's Entertainment is only liable for any damage suffered by the customer if the damage is caused by intent or willful recklessness.

2. If Wolff's Entertainment is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.

3. Wolff's Entertainment is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.

4. If Wolff's Entertainment is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount on which the liability relates.

5. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.


Expiration period


Any right of the customer to compensation from Wolff's Entertainment expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.


Right to dissolution


1. The customer has the right to dissolve the agreement if Wolff's Entertainment imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.

2. If the fulfillment of the obligations by Wolff's Entertainment is not permanently or temporarily impossible, dissolution can only take place after Wolff's Entertainment is in default.

3. Wolff's Entertainment has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill its obligations under the agreement, or if Wolff's Entertainment has taken note of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill its obligations.


Force of the majority


1. In addition to the provisions of article 6"75 of the Dutch Civil Code, a failure on the part of Wolff's Entertainment in the fulfillment of any obligation with regard to the customer cannot be attributed to Wolff's Entertainment in a situation independent of the will of Wolff's Entertainment, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected of Wolff's Entertainment.

2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to: a state of emergency (such as civil war, revolt, riots, natural disasters, etc.): non-performance and force majeure of suppliers, deliverers or other third parties: unexpected power, electricity -, internet, computer and telecom sorts; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.

3. If a force majeure situation occurs as a result of which Wolff's Entertainment cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until Wolff's Entertainment can meet them again.

4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.

5. Wolff's Entertainment does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.


Changes to the Agreement


If after the conclusion of the agreement it appears necessary for its implementation to change or supplement its content, the parties will adjust the agreement in mutual consultation.


Changes to terms and conditions


1. Wolff's Entertainment is entitled to amend or supplement these general terms and conditions.

2. Changes of minor importance can be made at any time.

3. Wolff's Entertainment will discuss major substantive changes 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. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Wolff's Entertainment.

2. This provision applies as a stipulation with property law effect as referred to in Article 2:83, second paragraph, of the Dutch Civil Code.


Consequences of nullity or voidability


1. If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.

2. A provision that is null or voidable will be replaced in that facade by a provision that comes closest to what Wolff's Entertainment had in mind when drafting the conditions on that point.


Applicable law and competent court


1. Only Dutch law applies to every agreement between the parties.

2. The Dutch court in the district where Wolff's Entertainment is located/practice/has its office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.


Prepared at 20:18 13-10-2020



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