Algemene Voorwaarden

TERMS AND CONDITIONS

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Esther’s Cookery 2018‍

Esther J. Weissman-Erwteman,
Gerard Doustraat 46, 1072VT Amsterdam
esther@estherscookery.nl
https://www.estherscookery.nl/
Chamber of Commerce: 62754440
VAT: NL131563713B01
Bank: NL26ABNA0620838116

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Corona measures

We have made a number of adjustments to the Cookery in order to comply with the applicable measures. For example, the top floor has been transformed into a nice place to eat together. We have replaced our large dining table with a number of smaller tables, so that we can enjoy the dishes made together at an appropriate distance. At each open workshop there is now only room for a maximum of 10 guests. This way we can guarantee sufficient distance. And FULL = FULL! These different times require different conditions. So read the points below carefully before you decide to (re) book. Then we all know what we agreed!

Additional information about the Corona measures

We ask you to consciously deal with the basic rules. You will also receive a questionnaire from us upon confirmation. Please bring this completed form to the workshop. Do you have to cancel because of COVID-19 complaints? Let us know as soon as possible. You may let someone else take your reserved spot. Can’t do that? Then we will send you a 25% discount code for your next booking. Moving or getting a refund is NOT possible.

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Article 1 – General

1.1 These terms and conditions apply to every offer, quotation and agreement between the User, hereinafter referred to as: “User”, and a Client to which the User has declared these terms and conditions applicable, insofar as the parties have not deviated from these terms and conditions explicitly and in writing.

1.2 In these terms and conditions User is understood to mean: Esther’s Cookery, registered with the Chamber of Commerce under number 62754440.

1.3 Client is understood to mean: the person who has given the order to organize an event or in whose name the User organizes an event or makes a reservation. Until an agreement has been reached, the client is also referred to as the applicant.

1.4 Supplier is understood to mean: the person who, in the course of his business, offers goods and/or services for an event to be organized by the User, or for the benefit of the general services of or for the User.

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Article 2 – Scope

2.1 The client or supplier accepts the applicability of these terms and conditions by entering into an agreement with the User or by participating in an activity of the User.

2.2 In the event of conflict between these terms and conditions and the general terms and conditions of the client or supplier, the former shall prevail unless the User and the client/supplier agree otherwise in writing.

2.3 User is only bound by the agreement and/or amendments thereto and/or additions thereto, if it has accepted them in writing.

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Article 3 – Establishment and content agreement

3.1 An agreement is concluded at the moment that the client or supplier accepts an offer from the User orally (or by telephone) or in writing. The client or supplier will receive a written confirmation of the agreement from the User.

3.2 If the User has already started the implementation / adjustments of a quotation in consultation, in case of interest, without a written agreement for implementation being concluded, the applicant will owe all costs in preparation. This means, among other things, the research costs for obtaining more information than is described in the first non-binding offer, costs of site visits and interviews on location at the applicant or User.

3.3 Anyone who enters into an agreement (on behalf of a legal entity, client or supplier) is jointly and severally liable for all obligations arising from that agreement.

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‍Article 4 – Payment

4.1 Payment for events must be made prior to the event. Costs that are calculated on subsequent calculation must be paid within 10 days after the invoice date, in a manner to be indicated by the User in the currency in which the invoice was made. Payment for individuals must be made prior to the event, in a manner to be indicated by the User, in the currency in which the invoice is made.

If an invoice is not paid prior to the event, it must be paid in the cookery on the date of the event. A surcharge of 4.6% on the costs of the workshop applies. If this is not done, Esther’s Cookery reserves the right to charge an 8% surcharge on the total invoice that will be sent afterwards.

If the Client fails to pay an invoice on time, the Client will be in default by operation of law.

The Client then owes interest of 5% per month, unless the statutory interest is higher, in which case the statutory interest is due. The interest on the due and payable amount will be calculated from the moment that the Client is in default until the moment of payment of the full amount due.

4.3 If the Client is in default or in default in the (timely) fulfillment of its obligations, then all reasonable costs incurred in obtaining payment out of court will be borne by the Client. The extrajudicial costs are calculated on the basis of what is customary in Dutch collection practice, currently the calculation method according to Rapport Voorwerk II.

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Article 5 – Price
5.1 At the request of the Client, the User will make a quotation for a package or reservation agreed in consultation. User is free to offer temporary arrangements at a special rate.

5.2 The user reserves the right to pass on price changes that take place between the order confirmation and its execution to the client.

The user is obliged to inform and explain this price change to the client as soon as possible.

A price correction of the User’s fixed rates takes place annually.

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Article 6 – Order changes
Changes to the original agreement, by or on behalf of the client, that lead to costs that are not included in the order confirmation, will be charged to the client on the basis of subsequent calculation.

Said changes, including additional participants in the event, must be made known to the User in writing no later than 2 days before the start of the event and must be accepted by the User; only then does the risk of implementation in this matter lie with the User.

The duration of a workshop/party/drink or dinner is determined in the agreement. Extra hours can be charged at a subsequent calculation of €50 per hour or part thereof

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Article 7 – Liability
7.1 If the User should be liable, this liability is limited to what has been arranged in this provision.

7.2 The User is not liable for damage of any nature whatsoever, caused by the fact that the User relied on incorrect and/or incomplete information provided by or on behalf of the Client.

7.3 If the User should be liable for any damage, the User’s liability is limited to a maximum of twice the invoice value of the order, at least to that part of the order to which the liability relates.

7.4 The User’s liability is in any case always limited to the amount of the payment from his insurer, if applicable.

7.5 User is only liable for direct damage.

7.6 Direct damage is exclusively understood to mean the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions, any reasonable costs incurred to remedy the defective performance of the User to the agreement, insofar as these can be attributed to the User and reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions. User is never liable for indirect damage, including consequential damage, lost profit, lost savings and damage due to business interruption.

7.7 The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of the User or his managerial subordinates.

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Article 8 – Cancellation of the agreement regarding private workshops
UPDATE as of March 12, 2020 For the open workshops, the conditions apply as described in the confirmation that each participant receives after booking an open workshop.

8.1 Workshops If the Client cancels a workshop after confirmation, 10% administration costs will be charged.

If canceled up to 15 days before the event, no further costs will be charged

In case of cancellation between 14 and 2 days before the start of the workshop, the costs are 50% of the price per person of the workshop.

In case of cancellation from 48 hours before the start of the workshop, the costs are 100% of the price per person of the workshop. This applies to the cancellation of the entire workshop as well as to the cancellation of individual persons.

8.2 catering If the Client cancels a catering, costs already incurred will always be charged.

Until 1 month before the start of the catering, other costs will not be charged.

In case of cancellation between 14 and 2 days before the start of the catering, the costs are 50% of the price per person before the catering.

In case of cancellation from 48 hours before the start of the catering, the costs are 100% of the price per person of the catering. This applies to the cancellation of the entire catering as well as to the cancellation of individual persons.

Article 9 – Termination of the agreement
9.1 The user has the right at all times to refuse and/or terminate an agreement, whether or not it has already been concluded, if the assignment is in conflict with any legal or other government provision. The user also has the right to terminate an agreement if, in its opinion, the content can damage the interests and/or good name of its company.

9.2 If the safety of guests, staff and/or contracted parties is insufficiently guaranteed or in the event of improper use of materials made available, the User is entitled to deviate from the agreement already concluded at its own discretion, or at the expense of the defaulting party. party in whole or in part.

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Article 10 – Indemnification
The Client indemnifies the User against any claims from third parties who suffer damage in connection with the implementation of the agreement and the cause of which is attributable to others than the User. If the User is held liable by third parties on that basis, the Client is obliged to assist the User both in and out of court and to immediately do everything that may be expected of him in that case. Should the Client fail to take adequate measures, the User is entitled, without notice of default, to proceed to do so itself. All costs and damage on the part of the User and third parties arising as a result thereof are fully at the expense and risk of the client.

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Article 11 – Intellectual Property
The User reserves the rights and powers to which it is entitled under the Copyright Act and other intellectual property laws and regulations. User has the right to use the knowledge gained by the execution of an agreement for other purposes as well, insofar as no strictly confidential information of the Client is disclosed to third parties.