ARTICLE 1. | DEFINITIONS
In these terms and conditions, the following terms shall be used in the following meaning, provided that the nature or scope of these provisions does not result otherwise.
- KEUKENvuur: the user of these terms and conditions, located at Hyperonenweg 8C-D, 3542AG in Utrecht, registered in the Commercial Register under KvK number 30246149.
- ‘Counterparty’ means any natural or legal person with whom KEUKENvuur has concluded or intends to conclude an agreement.
- ‘Consumer’ means the other party referred to in the previous paragraph, natural person, not acting in the pursuit of any profession or business.
- Agreement shall be any agreement concluded between KEUKENnvuur and the other party, with which KEUKENvuur has committed itself to the provision of services and/or the supply of catering products to the other party.
- ‘Services’ means all services to be provided under the agreement by or on behalf of KEUKENvuur on behalf of the other party, including non-exhaustively intended: – Cooking workshops; – chef’s services, – Catering services.
- Catering products: all products to be supplied to the other party in the context of catering contracts by or on behalf of KEUKENnvuur.
- In writing: to store both traditional written and digital communications on a sustainable data carrier, such as email communication.
ARTICLE 2. | GENERAL B
- These terms and conditions shall apply to any offer made by KEUKENnvuur and any agreement concluded.
- These general terms and conditions shall also apply to contracts for the implementation of which third parties are to be involved.
- The applicability of the other party’s general or other conditions shall be expressly rejected.
- Derogations from these terms and conditions may be made only in writing. If and to the extent that the parties expressly agree in writing, deviates from the provisions of these terms and conditions, the parties expressly agreed in writing.
- The destruction or nullity of one or more of these provisions shall be without prejudice to the validity of the other terms. Where appropriate, the parties shall be required to enter into consultations with a view to a replacement arrangement in respect of the affected clause. In doing so, the purpose and scope of the original provision shall be taken into account as far as possible.
ARTICLE 3. | OFFER AND CONCLUSION OF AGREEMENTS
- Even if a deadline of acceptance is indicated, any offer from KEUKENNvuur is non-binding.
- Obvious errors and errors in keukenvuur’s offer do not bind her.
- Agreements shall be concluded by offer and acceptance. If the acceptance of the other party differs from keukenvuur’s offer, the agreement shall not be concluded in accordance with this different acceptance, unless KEUKENvuur indicates otherwise.
- A composite quotation shall never oblige KEUKENvuur to fulfil part of the offer at a corresponding part of the specified price.
- If the other party concludes the agreement on behalf of another natural or legal person, it shall declare its power to do so by entering into the agreement. In addition to this (legal) person, the other party is liable for the fulfilment of the obligations under that agreement.
ARTICLE 4. | Cooking class kookworkshops
- Depending on keukenvuur’s offer, registration for workshops will take place on the basis of an open registration via the registration form on the website keukenvuur.nl or registration for a private group. In the event of an open registration, the other party shall notify one or more persons for a cooking workshop, which will be registered subject to sufficient participants in the workshop. An open registration shall not be final until the participation has been confirmed in writing to the other party. Contracting in respect of a private group is carried out on a tender basis, which is final only from the moment KEUKENvuur has confirmed it to the other party by e-mail.
- Cooking workshops shall be organised, depending on what has been expressly agreed, at the location used by KEUKENvuur for this purpose or at the location of the other party. In the event of the implementation of the agreement on the other party’s location, the other party shall, in so far as no expressly otherwise agreed, ensure that KEUKENvuur can make free of charge all matters and facilities and cookery equipment necessary for the implementation of the agreement, such as gas, water, electricity, sanitary, crockery, cutlery, pans, cookware and cooking equipment.
- In the case of private group workshops, the other party may be able to specify specifications with regard to the content of the cooking workshop, but only to the extent that this is mentioned in keukenvuur’s offer. Where appropriate, the other party shall provide these specifications to KEUKENvuur as soon as necessary for the implementation of the agreement and in the manner prescribed by KEUKENvuur, in the absence of which the contents of the cooking workshop are determined entirely by KEUKENnvuur, without prejudice towhat has already been agreed upon whenthe agreement is reached.
In the event of cancellation by the other party of a cooking workshop for a private group, the following cancellation conditions will apply. In the event of cancellation within the following time frame, the following cancellation fees are due:
– Up to 14 days before the agreed day of implementation: 25% of the agreed total price:
– From the 14th day (including) to 7th day (excluding) before the agreed day of execution: 50% of the agreed total price
– From the 7th day (inclusive) to 3rd day (exclusive) before the agreed day of execution: 75% of the agreed total price.
– From the 3rd day (including) before the agreed day of implementation: the full agreed total price.
- In the event of the cancellation of part of the number of participants in a closed workshop agreed with the other party, the previous paragraph shall apply correspondingly, provided that instead of ‘total price’, the price applicable to the notified perso(o)on(s) should be read. In the event that, in view of the remaining number of participants, a different price per person would apply, KEUKENnvuur reserves the right to adjust accordingly for the total price.
- In the event that the agreement provides for a multi-day cooking workshop, cancellation/opt-out can only be cancelled after the start of the first cooking workshop at the full agreed price.
- Cancellation/cancellation must be made by e-mail. The day of receipt of the cancellation/cancellation declaration of the other party by KEUKENnvuur, is considered as a day of cancellation.
ARTICLE 5. | Chef at home
- The total price for chef services stated in the quotation is based on the number of persons made known by the other party for this purpose. In case fewer people than the number of agreed persons are present on the day of execution, this does not affect the total price. Adjusting the number of persons upwards after the conclusion of the agreement is only possible after prior consultation with KEUKENvuur in which the parties enter into mutual consultation to adjust the total price. However, KEUKENvuur is not obliged to comply with the request of the other party to adjust the number of persons upwards if this cannot reasonably be required of KEUKENvuur, for example in case the request is submitted shortly before the agreed day of execution of the chef services. In the event that KEUKENvuur cannot comply with the aforementioned request of the other party, this does not provide grounds for the other party to dissolve the agreement or claim any form of compensation.
- The cook takes care of the preparation and operation, in which the consumptions are brought by him. The above is included in the total price. Other items, such as crockery, cutlery, pans, cooking utensils and cooking equipment must be made available by the other party. The cook must also be able to make free use of all items and facilities present on location of the other party and necessary in connection with the execution of the agreement, such as gas, water, electricity and sanitary facilities.
- The other party guarantees that it will inform KEUKENvuur of all information necessary for the design and execution of the agreement as soon as possible as required for the execution of the chef services, in the manner prescribed by KEUKENvuur. KEUKENvuur is never liable for damage caused by it based on incorrect or incomplete data provided by the other party.
- In case of cancellation by the other party of the chef services as referred to in this article, the following cancellation conditions apply. In case of cancellation within the following time frame, the following cancellation costs are due:
- Up to 14 days before the agreed day of execution: 25% of the agreed total price;
- From the 14th day (inclusive) to 7th day (exclusive) before the agreed day of execution: 50% of the agreed total price;
- From the 7th day (inclusive) to 3rd day (exclusive) before the agreed day of execution: 75% of the agreed total price;
- From the 3rd day (inclusive) before the agreed day of execution: the full agreed total price.
- Cancellation must be made by e-mail. The day of receipt of the cancellation statement of the other party by KEUKENvuur, counts as the day of cancellation.
ARTICLE 6. | CATERING SERVICES
- The content of catering services varies; may provide for both the provision of catering products and a cook. Even if a cook is made available, the provisions of Article 5 shall not apply to catering orders.
- The other party guarantees that it will inform KEUKENvuur of all information necessary for the design and execution of the agreement as soon as possible as required for the execution of the catering orders, in the manner prescribed by KEUKENvuur. KEUKENvuur is never liable for damage caused by it based on incorrect or incomplete data provided by the other party.
- KEUKENvuur only takes care of the provision of catering products, goods and facilities in connection with catering orders insofar as this has been explicitly agreed. The other party guarantees that any cook(s) and other persons employed by KEUKENvuur can/can make free use of all items and facilities present at the location of execution and in connection with the execution of the agreement, such as gas, water, electricity and sanitary facilities.
- In case of cancellation by the other party of catering orders, the following cancellation conditions apply. In case of cancellation within the following time frame, the following cancellation costs are due:
- Up to 14 days before the agreed day of execution of the catering services or delivery of the catering products: 25% of the agreed total price;
- From the 14th day (inclusive) to 7th day (exclusive) before the agreed day of execution of the catering services or delivery of catering products: 50% of the agreed total price;
- From the 7th day (inclusive) to 3rd day (exclusive) before the agreed day of execution of the catering services or delivery of the catering products: 75% of the agreed total price;
- From the 3rd day (inclusive) before the agreed day of execution of the catering services or delivery of catering products: the full agreed total price.
- Cancellation must be made by e-mail. The day of receipt of the cancellation statement of the other party by KEUKENvuur, counts as the day of cancellation.
ARTICLE 7. | CANCELLATION AND RELOCATION BY KEUKENvuur OF “OPEN REGISTRATION WORKSHOPS”
KEUKENvuur reserves the right at all times to cancel the cooking workshop in question in the case of insufficient participants in workshops based on an open registration. Where possible, KEUKENvuur will offer the other party a suitable alternative. On the same grounds, KEUKENvuur can move the cooking workshop.
- In the event of cancellation or relocation, KEUKENnvuur shall notify the other party in writing as soon as possible. The other party may terminate the contract for that part to which the cancellation or transfer relates, if compliance with any alternative date proposed by KEUKENvuur, taking into account all the circumstances of the case, cannot reasonably be required of the other party. For any workshop days already provided by KEUKENvuur before the cancellation or relocation, the other party shall, in the event of termination, pay the agreed price proportionately. The other party will never be entitled to any (partial) refund of agreed price.
ARTICLE 8. | THIRD PARTIES AND MODIFICATION OF THE AGREEMENT
- KEUKENvuur shall at all times be entitled to leave all or part of the performance of the contract to third parties. Articles 7:404 and 7:407 paragraph 2 of the Civil Code shall not apply to the Agreement.
- The specific cancellation and amendment of the agreement provided for in the preceding Articles shall prevail over the provisions of the following paragraphs of this Article.
- If it appears that it is necessary for a proper continuation and/or completion of the agreement to amend the Agreement (including a supplement to the Agreement), the Parties will make an adjustment of the Agreement in good time and by mutual agreement. If the nature, scope or content of the agreement is changed in qualitative and/or quantitative terms, this may affect what was originally agreed. As a result, the price originally agreed can be increased or reduced. KEUKENvuur will make as much advance pricing as possible.
- In the case of additions or changes to the agreed agreement desired by the other party, the additional costs associated with it shall be borne. KEUKENvuur will inform the other party in good time of the need to pass on the costs referred to here, unless the other party should have understood this necessity on its own.
- An amendment to the Agreement may amend the period of implementation originally specified. The other party accepts the possibility of amending the agreement, including the change in price and time limit of implementation. If the agreement is amended, KEUKENnvuur is entitled to implement it only after the other party has agreed to the adjusted price and other conditions, including the time to be determined when implementation of the agreement will be given. Failure or failure to implement the amended agreement does not result in a shortcoming of KEUKENnvuur and is not grounds for the other party to terminate the agreement.
- If cost-raising circumstances arise or come to light after the conclusion of the contract, which may be attributed to the other party on the basis of incorrect information provided by it, the additional costs shall be borne, unless KEUKENvuur had been able to detect the inaccuracy of the information provided by the other party before the price was established. KEUKENVuur will inform the other party in good time about the need to pass on the costs referred to here.
- Without defaulting, KEUKENNvuur may refuse a request for amendment of the agreement if compliance with the amended agreement cannot reasonably be required of it.
- Agreements to find additional work, subject to the remainder of this Article
ARTICLE 9. | Force majeure
- KEUKENvuur shall not be obliged to fulfil any obligation under the Agreement if and for as long as it is hindered by a circumstance which cannot be attributed to it by law, legal act or social relations.
- If, and to the extent that force majeure makes the fulfilment of the Agreement permanently impossible, the parties shall be entitled to terminate the agreement with immediate effect.
- If KEUKENvuur has already partially fulfilled its obligations on the entry into force of the force majeure situation, or is only partially liable to its obligations, the other party shall continue to pay the price of the part already executed or enforceable part of the contract, as if there were an independent agreement. In view of force majeure damage other than (partial) restitution or (partial) remission of the agreed price for that part of the undertaking affected by force majeure, compensation shall never be eligible.
ARTICLE 10. | SUSPENSION AND DISSOLUTION
- KEUKENvuur shall, if circumstances so warrant, have the power to suspend the implementation of the agreement or terminate the agreement with direct or partial effect if, and to the extent that the other party fails to fulfil its obligations under the agreement, in due course or not fully comply with the agreement, or after the conclusion of the agreement KEUKENvuur provides good grounds for fear that the other party will not fulfil its obligations.
- If the other party is in bankruptcy, the Natural Persons Debt Restructuring Act has been declared applicable to it, has applied for suspension of payment, any attachment has been made of its property or in cases where the other party has otherwise not freely disposed of its assets, KEUKENnvuur shall be entitled to terminate the agreement with immediate effect, unless the other party has already provided sufficient security for the payments , or do so immediately.
- Furthermore, KEUKENNvuur shall be entitled to terminate the agreement with immediate effect if and in so far as circumstances arise which are such that compliance with it is impossible or that its maintenance cannot reasonably be required of it.
- Unless this cannot be attributed to it, any damage suffered in connection with a suspension and/or termination of the agreement shall be borne by the other party.
- If KEUKENvuur dissolves the agreement pursuant to this Article, all claims against the other party shall be immediately due.
ARTICLE 11. | PRICES AND PAYMENTS
- Unless expressly stated otherwise, prices do not include VAT, travel and parking costs. Before an agreement is concluded with a consumer, the total price including VAT is stated. Travel and parking costs are calculated on the basis of post-calculation, unless keukenvuur otherwise states. Travel expenses are only due in the event of the implementation of the agreement at a location to be made available by the other party outside the municipality of Utrecht. The travel costs are € 0.35 per kilometer.
- KEUKENvuur shall at any time be entitled to claim that the amounts agreed and owed to KEUKENvuur are paid in whole or in part by prepayment. KEUKENvuur has not previously been required to implement the agreement for as long as the other party is in default of the prepayment referred to here.
- Payments shall be made in the manner prescribed for this purpose by KEUKENnvuur, within the time limit promised by KEUKENnvuur. Payments by transfer shall be made, without prejudice to the provisions of the previous paragraph, not later than eight days after the date of invoice.
- KEUKENvuur shall be entitled to make the invoices to the other party available to it only by e-mail, unless expressly otherwise agreed.
- In the event of liquidation, bankruptcy, applicability of the Natural Persons Debt Restructuring or suspension of payment from the other party, the claims against the other party shall be payable immediately.
- If timely payment is not made, the other party’s omission shall act by law. From the day the other party’s default occurs, it shall be liable for an interest of 1% per month on the outstanding amount, with a part of a month being regarded as a full month. By way of derogation from the previous sentence, instead of the contractual interest referred to there, the statutory interest shall apply if the other party acts in the capacity of the consumer.
- All reasonable costs, such as judicial, extrajudicial and enforcement costs incurred in order to obtain amounts due by the other party, shall be borne.
ARTICLE 12. | Liability
- KEUKENvuur shall bear, without prejudice to the rest of these general conditions, no liability for damages or damage caused by an inaccuracy or incompleteness in the information provided by the other party, another shortcoming in the fulfilment of the obligations of the other party arising from the law or agreement or any other circumstance which cannot be attributed to KEUKENvuur.
- KEUKENvuur shall not be liable, except in the deliberate and deliberate recklessness, for damage caused by defective cases or provisions made available by the other party in the implementation of theagreement.
- KEUKENvuur may be held liable to the other party only for direct damages referred to in paragraph 5 suffered by the other party as a result of an attributable failure of KEUKENnvuur in the fulfilment of the agreement. Attributable shortcomings must be understood as a shortcoming which a good and careful peer can and should avoid, taking into account normal vigilance and the expertise and resources required for the implementation of the agreement.
- If KEUKENvuur is liable for any damage, KEUKENvuur has the right to repair this damage at all times. The other party should give KEUKENnvuur the opportunity to do so, in the absence of which any liability of KEUKENnvuur in this matter expires.
- KEUKENvuur shall never be liable for indirect damages, including loss, lost profits and damages caused by company stagnation. Direct injury shall mean only the reasonable costs of determining the cause and extent of the injury, in so far as the determination relates to damage within the meaning of these conditions, any reasonable costs incurred to ensure keukenvuur’s lack of performance to the contract, for as much as these can be attributed to KEUKENvuur and reasonable costs incurred to prevent or limit damage, provided that the other party proves that those costs have resulted in the reduction of direct damage as referred to in these general conditions. 6. The liability of KEUKENnvuur shall at all times be limited to the invoice value of the contract, at least up to that part of the contract to which KEUKENvuur’s liability relates, on the understanding that the liability of KEUKENnvuur will never exceed the amount actually paid out in the case in question, on the basis of the liability insurance taken out by KEUKENnvuur, plus the possible excess of KEUKENvuur which is applicable under that insurance.
- Without prejudice to the expiry period referred to in the following paragraph, the limitation period for all claims and claims against KEUKENnvuur shall be one year.
- If the other party has a complaint, it may notify them in writing and with reasons until seven days after completion of the services to KEUKENnvuur. If the other party does not complain in a timely manner, there is no obligation for KEUKENNvuur to make such a complaint by the other party.
- Except in the case of the deliberate or deliberate recklessness of KEUKENvuur, the other party shall safeguard KEUKENvuur from all claims of third parties, under any circumstances, in respect of compensation for damages, costs or interest in connection with the implementation of the agreement by or on behalf of KEUKENvuur.
ARTICLE 13. | FINAL PROVISIONS
- Any agreement and any legal relationship between the parties shall be limited to Dutch law.
- Before invoking the court, the parties shall be obliged to make every effort to resolve the dispute by mutual agreement.
- In so far as the law deviates from this, only the competent court within the arrondissement of keukennvuur’s location shall be appointed to take note of legal disputes.