TERMS & CONDITIONS SEVENTYFOUR CREATIONS BV
This is a courtesy English translation; in the event of any discrepancy the Dutch version prevails.
1. Definitions
1.1 In these terms and conditions the following definitions apply:
- Company: SeventyFour Creations BV BE0711.940.606, hereinafter referred to as '74C'
- Client: any natural or legal person with whom an agreement is concluded. Consumer: a client who is an individual acting in a private capacity.
- Products/Services: all goods that the Client or Consumer can purchase from the Company.
- Event space/venues: rental of an event space or venue by a client or consumer.
- Order form: the written confirmation of the order placed by the Client or Consumer with the Company.
2. Applicability
2.1 These terms and conditions apply to the contractual relationship between SeventyFour Creations BV, with registered office at 2950 Kapellen, Streepstraat 109, VAT BE 0711.940.606 ('74C') and the client ('the Client') or the consumer ('Consumer'), except where otherwise agreed in writing.
2.2 These terms and conditions apply to all services commercialised by 74C (including event organisation, marketing, graphic design, etc.).
2.3 The Company reserves the right to amend these terms and conditions at any time by publishing a new version on the aforementioned website.
3. Formation of the agreement
3.1 The agreement between 74C and the Client or Consumer is concluded as soon as the Client or Consumer has delivered to 74C a quotation signed for approval within the quotation's validity period, or by confirmation by email.
3.2 The subject of the agreement is determined by the quotation and/or order confirmation.
3.3 74C reserves the right to engage appointees for the execution of the agreement.
4. Quotation and prices
4.1 A quotation from 74C is valid for a period of fourteen calendar days from the date on which it was drawn up. The prices stated in the quotation are purely indicative.
4.2 VAT, taxes and all other levies are always borne by the Client or Consumer.
5. Delivery time
5.1 The delivery time is stated by 74C indicatively and is not binding. Delays or late deliveries cannot give rise to dissolution of the agreement, compensation or any other form of liability on the part of 74C.
6. Invoicing and payment
6.1 Upon acceptance of the quotation, 74C will charge an amount of 70% of the quotation amount, unless otherwise stated in the quotation. The advance must be paid by the Client or Consumer within 7 calendar days of the invoice date.
6.2 In the event of late payment by the Consumer, default interest is due in accordance with article 5, paragraph 1 of the Act of 2 August 2002.
6.3 In the event of non-payment of all or part of the price by the Client, the outstanding amount will be increased by operation of law and without any notice of default by an annual interest of 12% and a fixed compensation of 10%, with a minimum of 50 euros.
6.4 Any request for postponement, cancellation or late cancellation by the Client or Consumer of an assignment will automatically and without notice of default entail payment for the services already delivered, increased by a fixed compensation.
7. Suspension
7.1 The execution of the agreement may be suspended by 74C in the event of changes such as death, dispossession, debt arrangement or other limitations of legal capacity, bankruptcy, judicial reorganisation or amicable settlement.
8. Force majeure
8.1 Any circumstance that may constitute force majeure for 74C, such as the bankruptcy of a supplier, weather conditions, natural disasters, strikes, or electrical failures, will be regarded as force majeure.
8.2 All circumstances that were reasonably unforeseeable for 74C when drafting the quotation will be regarded as force majeure.
9. Liability
9.1 The Client or Consumer is presumed to be entitled to award an assignment to 74C and will be solely responsible towards third parties. 74C is not liable for any compensation whatsoever resulting directly or indirectly from the services or products delivered by 74C, except in the case of gross negligence or intent. The liability of 74C is in any case limited to the cover provided by its insurance.
9.2 Event venues: 74C is never liable for any damage suffered by the Client or Consumer, their guests and/or third parties, unless the damage is the direct result of intent or gross negligence of 74C.
10. Intellectual property rights
10.1 74C always retains all intellectual property rights relating to the services it offers and/or delivers.
10.2 74C is entitled to make sound, photo and/or video recordings of the assignment, unless the Client or Consumer has stipulated otherwise in writing.
11. Publicity
11.1 74C has the right to use the references of the assignment in its publicity, descriptively, audibly and visually.
12. Enforceability
12.1 If a provision of these Terms and Conditions is unenforceable or contrary to a provision of mandatory law, the validity and enforceability of the other provisions will not be affected.
13. Processing of personal data
13.1 74C undertakes to process the personal data communicated to it by the Client or Consumer in accordance with the General Data Protection Regulation and its Privacy Policy.
14. Waiver
14.1 The non-application by 74C of one or more provisions of these Terms and Conditions cannot be regarded as a waiver of these conditions.
15. Competent court and applicable law
15.1 In the event of a dispute, only the courts of the judicial district of Antwerp, Antwerp division, are competent.
15.2 Belgian law applies.
