GENERAL TERMS AND CONDITIONS
Article 1: Applicability of these terms
1.1 These general terms and conditions apply to all Famous Flavours B.V. offers, quotations and agreements between the client and Famous Flavours B.V. concluded in whichever way, unless explicitly agreed otherwise in writing and in advance between Famous Flavours B.V. and the client.
1.2 Any general terms and conditions used by the client the client are explicitly rejected by Famous Flavours B.V., unless agreed upon otherwise in writing by both parties. When both conditions are simultaneously in use, in the event that the General terms and conditions in use by the client client are in contradiction with those used by Famous Flavours B.V., the conditions in use by Famous Flavours B.V. shall be binding.
1.3 In the event that any provision of these conditions shall be held invalid or be annulled, the same shall not affect in any respect the validity or enforceability of the remaining provisions.
1.4 These conditions apply equally to agreements with Famous Flavours B.V. for the execution of which a third party is recruited.
1.5 In the event of any occurrence not foreseen by these terms, the latest version of the ‘Uniforme Voorwaarden Horeca’ as filed with the arrondissement court of ‘s Gravenhage applies.
1.6 In any and all disputes about the applicability of these conditions the original Dutch language version shall be binding.
Article 2: formation of the agreement
2.1 All quotations and offers, in any form, are non-binding, unless a deadline for acceptance has been included in the offer. A proposal or offer lapses when the offered product becomes unavailable.
2.2 Famous Flavours B.V. reserves the right to refuse orders or assignments without statement of reasons.
2.3 Any agreement between Famous Flavours B.V. and the client shall come into force the moment an offer from Famous Flavours B.V. is accepted or confirmed by the client verbally or in writing (also per email). Famous Flavours B.V. may send the client a written confirmation of the agreement. The client shall sign and return this written confirmation promptly.
2.4 Famous Flavours B.V. is not bound by any proposal or offer if the client could or should have reasonably understood that the offer, or part of it, contained an apparent mistake or writing error.
2.5 In case of liquidation, (application for) suspension of payment or bankruptcy, in case of repossession, -as long as the repossession has not been revoked within 2 months’ time- against the client, and in case of insolvency or any other event in which the financial situation of the client gives Famous Flavours B.V. reasonable motive to do so, Famous Flavours B.V. reserves the right to suspend or cancel the agreement, as well as any outstanding order, with immediate effectively. This does not compel Famous Flavours B.V. to provide any compensation.
Article 3: Pricing
3.1 Prices mentioned in offers are in Euros and exclusive of VAT or other governmental fees, as well as transport and removal costs, unless expressly stated otherwise.
3.2 Compound price quotations do not compel Famous Flavours B.V. to carry out part of the assignment or order at a proportional price.
3.3 In the event that any or more of costs made in the execution of an agreement are raised after an agreement is made, Famous Flavours B.V. may pass on these price increases to the client.
3.4 An increase in price as mentioned under 3.3 does not permit the client to cancel the agreement.
Article 4: Payment
4.1 Payment shall be made within 14 days after invoice date.
4.2 When the contract amount for an agreement exceeds €1500,- the client will transfer to Famous Flavours B.V. 60% of that contract amount (excluding VAT) as a down payment 14 days before the execution of the (first service included in the) agreement.
4.3 When agreements are executed outside the Netherlands, the client will transfer to Famous Flavours B.V. 80% of the contract amount (excluding VAT) as a down payment 21 days before the execution of the (first service included in the) agreement.
4.4 In the event that the down payment has not been received on time, Famous Flavours B.V. is entitled to dissolve the agreement with the client or to suspend the performance of the agreement, without any right of compensation arising
4.5 The client will be considered to be in default when payment is not made in time. From the date of maturity of the invoice interest is due. The interest rate shall be the statutory interest rate at the time. Interest is due from the day of default until the day of complete payment of the total amount due.
4.6 any costs made in the prosecution of the client for default of payment and any collection fees are to be paid for by the client, the client is also charged with interest over any due collection fees.
4.7 Famous Flavours B.V. may refuse payment if this does not include accumulated overdue fees and accrued interest.
4.8 The client may not deduct that which is owed to him by Famous Flavours B.V..
Article 5: Cancellation
5.1 In the event that an agreement is completely or partially cancelled, the client is compelled to compensate damages as specified below. The following percentages apply to the whole contract amount or the cancelled portion thereof.
- In the event of cancellation more than 2 months before the scheduled execution of the first service included in the agreement, the client is not compelled to payment of damages.
- In the event of cancellation between 1 to 2 months before the scheduled execution of the first service included in the agreement, the client is compelled to payment of 20% of the contract amount.
- In the event of cancellation between 1 month to 14 days before the scheduled execution of the first service included in the agreement, the client is compelled to payment of 40% of the contract amount.
- In the event of cancellation between 14 to 7 days before the scheduled execution of the first service included in the agreement, the client is compelled to payment of 75% of the contract amount.
- In the event of cancellation less than 7 days before the scheduled execution of the first service included in the agreement, the client is compelled to payment of 100% of the contract amount.
The date the written cancellation is received by Famous Flavours B.V. is used for the calculation of damages.
5.2 The number of attendees stated by the client is binding. The client is not compelled to compensation of damages in the event of a partial cancellation of an assignment provided this cancellation does not exceed a margin of 10% of the scheduled attendees and provided this cancellation is made no later than 7 days before the scheduled delivery date. In the event that Famous Flavours B.V. is expected to provide for more persons than previously agreed upon, Famous Flavours B.V. reserves the right to refuse service to these persons or to serve them at conditions of their own.
5.3 In any and all situations, in addition to what has been previously stated, the client owes Famous Flavours B.V. any costs made for the particular assignment to third party services that require payment despite the cancellation.
5.4 The number of persons stated by the Client to Famous Flavours is binding, on the understanding that the Client is not obliged to pay compensation in the event of partial cancellation of an assignment which does not exceed a margin of 10% of the number of persons included in the offer and provided that this cancellation takes place in writing and no later than 7 calendar days before the established delivery date. When it appears that Famous Flavours is deemed to supply for more persons than was agreed, Famous Flavours is entitled to either refuse delivery to said persons or to deliver to these persons under the deviating conditions set by it.
5.5 In all cases, in addition to the compensation as stated in the first paragraph, the Client owes Famous Flavours all that Famous Flavours owes to third parties with regard to the agreement in question (including, among other things, purchases already made with regard to the assignment and others with third parties legal acts entered into under the agreement).
Article 6: Contract variations
6.1 All changes to the agreement, when these result in additional costs for Famous Flavours B.V., will be considered additional work. Additional work will be fairly included in payment of the capital, or in the final installment thereof, based on conditions agreed upon in advance. When changes to the agreement result in lower costs, these will only be deducted in the event that Famous Flavours B.V. consented to do so in writing and in advance.
6.2 Changes to the agreement should be signed by the client and returned within 14 days after sending date, no fewer than 72 hours before the execution of the agreement. Changes in the number of attendees need to be communicated as detailed under article 5 of these conditions, and are not subject to the conditions directly above.
Article 7: Transport and working conditions
7.1 Unless otherwise agreed in writing between Famous Flavours B.V. and the Client, Famous Flavours B.V. determines the means of transport of the goods, the client is compelled to take any measures necessary to ensure prompt delivery of goods. Famous Flavours B.V. cannot be held accountable for the manner of storage used by the client. In cases in which necessary measures for the acceptance of goods are not taken by the client, Famous
Flavours B.V. is entitled to store goods at the expense and risk of the client and thereby fulfill their obligations. Famous Flavours B.V. reserves the right to deliver in installments.
7.2 The client is compelled to ensure that work which is not included in the services of Famous Flavours B.V. is executed as necessary and in such a timely fashion as to ensure no delay takes place in the organization of inventory or delivery of goods, as well as to ensure unrestricted access to the spaces necessary for Famous Flavours B.V. to perform their services, and, in general, to ensure that the work on site can take place uninterruptedly.
Article 8: Liability of Famous Flavours B.V. and clients
8.1 Famous Flavours B.V. is not liable for damages of any kind cause by working on the basis of information incorrectly or incompletely supplied by the client.
8.2 The Liability of Famous Flavours B.V. is restricted to a maximum of once the contract amount of the part of the order to which the liability applies. In any case, liability is restricted to the amount of compensation by the insurance for that specific case.
8.3 Famous Flavours B.V. is not liable for damages caused by gross fault or intent on the part of employees.
8.4 Famous Flavours B.V. is exclusively liable for direct damage. Famous Flavours B.V. is never liable for consequential damages, which include missed earnings, missed savings, loss of profit and other kinds of damages.
8.5 The client is at all times regarded as owner, renter, or user of a space, even if the rental agreement has been made through Famous Flavours B.V.. Famous Flavours B.V. is not liable for damage caused to a space by Famous Flavours B.V. or others during the duration of its use, and the client exempts Famous Flavours B.V. from any damage caused by third parties.
8.6 Famous Flavours B.V. is not in any way liable for any damage caused by placement or attachment of rental or decorative materials, if installed to specifications or with permission of the client.
8.7 The Client is liable for all damage that is caused, or that shall be caused to Famous Flavours B.V. or any third party as a result of an unlawful act or failure to fulfill obligations by the client, their guests or companions, as well as for damage caused by any animal, fabric, or item that is owned by the client or is under their command.
8.8 In the event that an assignment should be executed in a space provided by a third party, Famous Flavours B.V. is in no way liable if that third party does not provide the space.
Article 9: Damage to or loss of goods.
9.1 Damage to or loss of goods, not including the standard issue cutlery, caused by the client or his guests, will be compensated for by the client to Famous Flavours B.V. against purchase prices.
Article 10: Force majeure
10.1 By force majeure shall be understood: every unforeseeable circumstance beyond the influence of Famous Flavours B.V. or circumstance that might reasonably considered to be beyond its influence, which prevents Famous Flavours B.V. meeting its obligations pursuant to the contract temporarily or
10.2 During periods of force majeure the obligations of Famous Flavours B.V. shall be suspended, unless it is known to both parties that these obligations include a final deadline. When the period during which force majeure renders it impossible for Famous Flavours B.V. to discharge its obligations lasts longer than 2 months either party is entitled to dissolve the contract without being held to any obligation to pay compensation for damages.
Article 11: Disputes, applicable law and period of limitation
11.1 All legal relationships between Famous Flavours B.V. and the client are exclusively governed by Netherlands law, including assignments taking place partly or wholly abroad, and in the event the client resides elsewhere.
11.2 All disputes arising between Famous Flavours B.V. and the client concerning the agreement to such these conditions apply shall be submitted to the court of Amsterdam, the Netherlands
Article 12: location of these conditions
12.1 These general terms and conditions have been filed with “de Kamer van Koophandel” Amsterdam.