Below you will find our Terms and Conditions of Delivery, as filed at voorwaarden.net. A printable version can be downloaded via the link at the bottom of the page.
Article 1 Definitions
1. ROZ: ROZENBROOD, legal entity which provides Services.
2. Client: the party which commissions ROZ to the provision
of a Service/Services.
3. Parties: ROZ and the Client.
4. Contract: agreement on the provision of a Service, entered
into between ROZ and the Client.
5. Service(s): the provision of (trend)forecasts, presentation
activities and workshops, providing advice, writing articles and other assignments over which ROZ and the Client enter into a Contract.
6. Website: www.rozenbrood.nl.
7. Third party: any party other than ROZ and the Client. Article 2 Applicability
1. These general terms and conditions are applicable to every Contract established between ROZ and the Client.
2. Should any confusion arise regarding the interpretation of one of more stipulations contained in these general terms and conditions, then the general terms and conditions must be interpreted in accordance with the valid legislation and jurisprudence.
3. In the event of a situation arising between Parties which is not covered by these general terms and conditions, then this situation must be judged in accordance with the valid legislation and jurisprudence.
4. In case ROZ does not always demand strict compliance with these terms and conditions, this shall not lead to the inapplicability of these terms and conditions nor to ROZ in any way forfeiting the right to demand strict compliance with the terms and conditions in other cases.
5. ROZ shall use all legal and technical means to prevent violation of the general terms and conditions or to enforce compliance with them.
6. Should typing errors or mistakes be discovered in the Contract, on the basis of which the Contract is entered into, ROZ is entitled to dissolve this Contract as long as no more than seven calendar days have elapsed since payment of the deposit. Article 3 Execution of the Contract
1. The Client must supply all information which is necessary for ROZ to execute the Contract.
2. ROZ is not liable for damage or loss, of any nature whatsoever, resulting from the use by ROZ of incorrect and/or incomplete information supplied by the Client.
3. Should it emerge that the Client is an obstructive factor in the execution of the Contract, then ROZ reserves the right to suspend the obligations of the Contract or else, after written notification, to dissolve the Contract, without being obliged to pay any form of damage compensation.
4. The Client shall be responsible for providing adequate facilities necessary for the execution of the Contract.
5. ROZ shall, in good conscience and to the best of its abilities, bring the Contract to execution, in accordance with the wishes and objectives of the Client.
6. Both Parties are bound to protect the confidentiality of all confidential information which they have obtained from each other or from other sources within the context of their Contract. Information is deemed to be confidential if the other Party has identified it as such or if this is obvious due to the nature of the information or insofar as the Parties are aware of the confidential nature of the information or ought reasonably to be aware of this. Article 4 Amendments and Supplements to the Contract
1. In the event that one of the Parties wishes to amend the content or scope of the Contract, such as the stipulation of other or supplementary conditions, the Parties shall amend the Contract accordingly in writing, in a timely manner and in mutual consultation, insofar as the Parties can reach an agreement.
2. Should the amendment or supplement to the Contract have any financial and/ or quality-related consequences, ROZ shall inform the Client thereof in advance.
3. Any additional costs arising from implemented amendments or supplements shall be met by the Party which initiated the changes.
4. In the event that the Parties are unable to reach agreement regarding potential amendments or supplements, the Parties remain bound by the original Contract. Article 5 Responsibilities and Obligations of the Client
1. The Client shall be responsible for providing professional facilities, as specified in the Contract.
2. Professional facilities are understood to include among others sound equipment, audiovisual equipment, microphones, screens, beamers and suchlike in the broadest sense. The Client shall ensure that these facilities are set up in good time, that they are in good condition and that they satisfy any safety requirements.
3. The Client shall guarantee the safety and security of ROZ, to be assessed and determined by ROZ.
4. In the event that ROZ operates outside the Netherlands or the country of its permanent residence, the Client is responsible for strict compliance with the local valid legislation and regulations.
Where there is any doubt, the Client is obliged to make
immediate contact with ROZ.
5. Without prior written permission from ROZ, the Client and Third Parties are not permitted to:
a. Take photographs, or make film, video, audio or other recordings or reports of the activities or operations of ROZ;
b. Allow access to the press and/or camera crews. Use the name and/or image of ROZ in for publicity purposes via any kind of medium whatsoever, aside from targeted mailings and/or invitations to the meeting.
6. Should the Client not satisfy the demands specified in this article, ROZ shall not be bound to fulfil its obligations, without prejudice to the obligation of the Client to pay the agreed fee in full. Article 6 Payment
1. All prices quoted, whether verbally, in writing or electronically, are, unless otherwise specified, exclusive of VAT (Value Added Tax), travel and accommodation expenses.
2. After provision of the Service by ROZ, the Client shall receive an invoice from ROZ for the remaining fee to be paid. Payment to ROZ must be remitted within 14 days of completion of the Service provided.
3. ROZ shall determine whether it sends an electronic or a paper invoice to the Client.
4. Payment shall be remitted in the manner indicated by ROZ in the invoice.
5. In the event that the Client exceeds the payment term, the Client shall be deemed to be in default by operation of law, without ROZ first having to declare in writing the Client to be in default or having to pursue the Client for payment. In this event the Client shall owe an interest of 9% per month. The interest on the payable amount shall be calculated from the moment at which the Client was held in default until the moment that the invoice is paid.
6. In the event that the Client does not pay the sum owed on time, the Client shall owe to ROZ all extrajudicial and judicial costs incurred by ROZ.
7. In the event that the Client does not fulfil its payment obligations on time, ROZ shall be entitled to dissolve the existing Contract, as well as any other contracts already agreed upon.
8. Should ROZ decide not to dissolve other contracts already agreed upon, as referred to in the previous paragraph, ROZ shall be entitled to suspend its obligations in these contracts until the moment at which the Client fulfils its payment obligations arising from the Contract.
9. In the event of liquidation, bankruptcy, repossession or suspension of payment on the part of the Client, all debts owed to ROZ by the Client shall be immediately collectable.
Article 7 Liability
1. ROZ is not liable for damage or loss to Third Parties, insofar as this is attributable to ROZ.
2. ROZ accepts no liability whatsoever for (consequential) loss or damage caused either to the Client or to Third Parties in the context of the Contract.
3. The limitation or exclusion of liability as referred to in this article shall not apply to direct personal injury or property
damage directly resulting from an intentionally reckless or
intentional failure by ROZ.
4. ROZ is in no way liable for indirect damage or loss, including consequential damage or loss, lost profits, lost savings and damage or loss due to business stagnation.
5. In case ROZ should be liable for damage or loss then this
liability shall be limited to the invoice value. Article 8 Termination of the Contract
1. Termination of the Contract shall occur by operation of law when the agreed term has expired.
2. Termination of the Contract by the Client is possible. However, should the Client terminate the Contract before or on the first day of execution, ROZ is entitled to the following fee to be paid by the Client:
a. Should the Client terminate on the 30th day before com
mencement of a Service or earlier, then he is obligated
to pay 50% of the agreed fee;
b. Should the Client terminate between the 14th and the
30th day before commencement of a Service, then he
is obligated to pay 60% of the agreed fee;
c. Should the Client terminate between the 1st and the
14th day before commencement of a Service, then he
is obligated to pay 80% of the agreed fee;
3. In case the Client, after commencement of a Service, prematurely discontinues participation or otherwise no longer
makes use of the Service, then he shall be obligated to pay to ROZ the total agreed fee. Article 9 Intellectual Property
1. The Client is not permitted to use the name and/or image of ROZ for publicity purposes such as advertisements and similar, neither in written form nor on the Internet, with the exception of targeted mailings and/or invitations to the meeting.
2. Any photographs, sound or image recordings used during the execution of the Contract, are not permitted to be used for any consumer-oriented purpose whatsoever without prior permission from ROZ. Article 10 Force Majeure
1. ROZ is not bound to comply with any contractual obligation if it is prevented from doing so as a consequence of a circumstance not attributable to fault and which is not regarded as its responsibility by virtue of the law, legal action or according to generally accepted standards.
2. ROZ is, in case of Force Majeure, as referred to in the first paragraph, entitled to, at its own discretion, suspend execution of the Contract, or to dissolve the Contract without judicial intervention, by sharing this in writing with the Client and without ROZ being bound to pay any damage compensation, unless this would be unacceptable in the given circumstances by standards of reasonableness and fairness.
3. When for serious reasons or Force Majeure a previously agreed Service cannot be provided by ROZ, ROZ shall, in consultation with the Client, do everything in its power either to provide a suitable replacement Service, to arrange a new date or to seek a solution suitable for both Parties. In case of replacement, the agreed fee shall be adjusted to the applicable rate of the replacement Service. Article 11 Applicable Law and Place of Jurisdiction
1. All legal relationships to which ROZ is a party shall be exclusively governed by the laws of the Netherlands, also in the case that a contract is fully or partly executed abroad or if the other party involved in the legal relationship claims residency in another country.
2. All potential disputes arising between ROZ and the Client over the creation, execution, interpretation and/or termination of the Contract, or other disputes regarding the Contract or the general terms and conditions shall be settled exclusively by the court of competent jurisdiction in Alkmaar, the Netherlands. Article 12 Location of and Changes to Terms and Conditions
1.These terms and conditions can be found on the website of ROZ, http://www.rozenbrood.nl, and are filed at voorwaarden.net (http://www.voorwaarden.net).
2. The most recently filed version or the version that was valid at the time at which the legal relationship with ROZ was established, shall be applicable.
Should you, after reading these general terms and conditions, have any questions, comments or complaints regarding them, please contact ROZENBROOD, either in writing, by telephone or by email:
1860 AE Bergen (NH)
+31 (0) 725817461
+31 (0) 651216177