Article 1 – Definitions.
- Pretwin is a trade name of Blijevent BV. Blijevent B.v. is a private limited company whose goal is to provide children’s entertainment to individuals, companies and foundations.
- Pretwin also includes all employees employed by it.
- Subcontractor includes outside entertainers hired by Pretwin for the performance of the agreement
- Platform includes Pretwin’s booking platform (booking.pretwin.nl)
- In these General Terms and Conditions, ‘Customer’ means the natural person or legal entity or the partnership of natural and/or legal persons or the intermediary or representative acting on their behalf who uses Pretwin’s Services, as mentioned in article 1.5.
- In the General Conditions, “Agreement” means the legal relationship between Pretwin and Customer, all in the broadest sense.
- In these General Terms and Conditions, “Services” shall mean all services provided by Pretwin and/or third parties engaged by it to Customer, including the facilitation of a DJ in combination with equipment for children’s discos and the provision of additional children’s entertainment by supplying bouncy cushions, face painters, entertainers and children’s shows. This shall also include any other work, of whatever nature, performed by Pretwin on behalf of Customer in connection with an order, including work not performed at the express request of Customer.
- In the Terms and Conditions, “Website” means the website www.pretwin.nl.
Article 2 – Applicability of the general conditions
- The General Conditions apply to all Agreements concluded between Customer and Pretwin under which Pretwin offers or provides Services.
- Deviations from the General Terms and Conditions shall be valid only if expressly agreed in writing with Pretwin.
- Applicability of terms and conditions of the Customer are expressly rejected.
- The General Terms and Conditions shall also apply to Customer’s amended orders and to Pretwin’s amended quotations.
Article 3 – Establishment of the Agreement.
- For the Services, the Agreement between Pretwin and Customer is established at the time of booking through the website and confirmation is sent by Pretwin. Payment by Customer shall be considered by Pretwin as a final agreement to the automatically generated proposal.
Article 4 – Execution of the Agreement
- The Agreement is entered into for a definite period and will terminate by operation of law upon completion of the Services, unless expressly agreed otherwise.
- Pretwin shall use its best efforts to perform the Services with care in accordance with the requirements of good workmanship.
- Pretwin has the right to have certain work performed by Subcontractors.
- Customer shall ensure that all information which Pretwin indicates is necessary or which Customer should reasonably understand is necessary for the performance of the Agreement is provided to Pretwin in good time. If the information required for the performance of the Agreement has not been provided to Pretwin in good time, Pretwin shall be entitled to suspend performance of the Agreement and/or to charge the Customer for any additional costs resulting from the delay at the then customary rates.
- The Customer shall provide a workable situation and reasonably required facilities.
- If Pretwin or any subcontractor engaged in the performance of its Services makes use of any materials it deems necessary, Customer shall be obliged to handle them with care.
- If Customer and/or a third party destroys or otherwise damages any materials of Pretwin or a Subcontractor, it shall be liable to compensate Pretwin for any loss resulting therefrom.
- If a deadline is agreed or specified for the performance of Services, this is never a deadline. If a term is exceeded, the Customer must give Pretwin written notice of default. Pretwin must be given a reasonable time to still perform the Agreement.
Article 5 – Modification of the Agreement.
- If during the performance of the Agreement it becomes apparent that it is necessary to amend or supplement the Agreement in order to ensure its proper performance, Pretwin and Customer shall amend the Agreement in good time and by mutual agreement.
- If the Agreement is amended, including an addition, it is an additional order. This additional assignment will be the subject of a separate fee agreement in advance. Without additional billing, the original terms and conditions apply, with additional Services paid at the agreed upon rate.
- Failure to perform or not immediately perform the amended Agreement shall not constitute a default by Pretwin and shall not be grounds for Customer to terminate or cancel the Agreement.
- Amendments to the Agreement originally concluded between Pretwin and Customer shall not be valid until such time as these amendments have been expressly accepted in writing.
Article 6 – Suspension, dissolution and early termination of the Agreement
- Pretwin is authorized to suspend the performance of its obligations or to terminate the Agreement if the Customer fails to fulfill its obligations under the Agreement or fails to do so in full or in a timely manner, or if Pretwin has good reason to fear that the Customer will fail to fulfill those obligations.
- Pretwin shall further be authorized to rescind the Agreement if circumstances arise of such a nature that performance of the Agreement is impossible or cannot reasonably be required to maintain the Agreement unamended.
- If the Agreement is terminated, Pretwin’s claims against Customer shall be immediately due and payable. If Pretwin suspends performance of its obligations, it shall retain its claims under the law and the Agreement.
- If the Customer fails to comply with its obligations under the Agreement and such non-compliance justifies rescission, Pretwin shall be entitled to rescind the Agreement forthwith and with immediate effect, without any obligation on its part to pay any damages or compensation, whereas the Customer shall be obliged to pay damages or compensation on account of default.
- In the event of liquidation, (application for) suspension of payment or bankruptcy, attachment – if and in so far as the attachment has not been lifted within three months – at the Customer’s expense, debt restructuring or any other circumstance as a result of which the Customer can no longer freely dispose of his assets, Pretwin shall be free to terminate the Agreement forthwith and with immediate effect or to cancel the order or Agreement, without any obligation on its part to pay any damages or compensation. Pretwin’s claims against the Customer shall in such case be immediately due and payable.
Article 7 – Costs, fees and payment
- All amounts mentioned in the invoice are inclusive of VAT for individuals and exclusive of VAT for business customers, unless otherwise stated.
- Pretwin has the right to correct manifestly erroneous errors in the quotation.
- Payment for Services must be made by individuals through the Platform. Business customers should pay the invoice within the stipulated period of 14 days.
- The Customer has a duty to notify Pretwin immediately of any inaccuracies in the payment details stated or provided.
- If the Customer defaults in the timely payment of an invoice, the Customer shall be in default by operation of law, without further notice of default being required. The Customer shall then owe statutory interest. Interest on the amount due will be calculated from the time the Customer is in default until the moment of payment of the full amount due.
- If Pretwin decides to collect a claim for non-payment of one or more unpaid invoices through the courts, Customer shall, in addition to the principal sum due and the interest referred to in article 7.5, also be obliged to reimburse all judicial and extrajudicial costs reasonably incurred. The compensation for judicial and extrajudicial costs incurred will be determined in accordance with the then current Decree governing compensation for extrajudicial collection costs.
Article 8 – Cancellation
- If payment is not made in accordance with the terms mentioned in Article 7.4, Pretwin may cancel the Agreement, without prejudice to the Customer’s obligation to pay.
- Business customers have a 24-hour cooling-off period.
- Cancellation of the Agreement must be in writing and expressly confirmed by Pretwin.
- In the event of full or partial cancellation, all costs incurred at that time arising from the Agreement will be charged to Customer.
- If cancellation occurs more than eight (5) weeks before the date on which the Service is to be performed, 80% of the agreed amount must be paid.
- If cancellation is made four (4) to five (5) weeks before the date on which the Service is to be performed, 85% of the agreed amount must be paid.
- If cancellation is made two (2) to three (3) weeks prior to the date on which the Service is to be performed, 95% of the agreed amount must be paid.
- If cancellation is made less than two (2) weeks before the date on which the Service is to be performed, the full agreed amount must be paid.
- If Customer is a consumer, he can cancel the Agreement within 14 days of its conclusion, regardless of the reasons. Pretwin will refund all charges paid by Customer. If Customer agrees for Pretwin to begin performing the Service within this period, it thereby expressly waives its cooling-off period.
Article 9 – Liability
- The Customer is responsible for providing correct and representative data necessary for the performance of the Agreement. Pretwin shall not be liable if Customer has provided incorrect or unrepresentative data.
- If Pretwin is held liable, it will only be liable for direct damages actually incurred, paid or suffered by Customer due to a demonstrable failure of Pretwin’s obligations with respect to its Services. The liability referred to in this article shall be limited to the amount agreed upon with Customer.
- All claims of the Customer for breach of contract on the part of Pretwin shall lapse if they have not been reported to Pretwin in writing, giving reasons, within a reasonable time after the Customer was aware or could reasonably have been aware of the facts on which he bases his claims.
- Pretwin and Subcontractors shall not be liable for indirect damages, including but not limited to consequential damages, lost profits, missed savings and damages due to business interruption.
- Pretwin and Subcontractors shall not be liable for personal injury from use of the Services, whether direct or indirect. Participation is at your own risk.
- Pretwin and Subcontractors shall not be liable in the event of loss, theft or damage to Customer’s and/or any third party’s property.
- Pretwin and Subcontractors shall not be liable for any failure to fulfill the obligations, arising from the Agreement, or failure to fulfill them on time, in the event that this is caused by force majeure as referred to in Article 10.
- Customer shall indemnify Pretwin and Subcontractors against third party claims related to the Services.
- The limitation of liability does not apply if there is intent or deliberate recklessness on the part of Pretwin.
- This provision does not exclude liability to the extent liability may not be limited or excluded by law.
Article 10 – Force majeure
- Force majeure shall mean all external causes beyond Pretwin’s will or control, as a result of which timely, complete or proper performance of the Agreement is no longer possible.
- Force majeure as referred to in the preceding paragraph shall include, but shall not be limited to: non-performance by a third party, illness of Pretwin’s own or a Subcontractor’s personnel, abnormal weather conditions, disruptions in water and energy supplies, strikes, serious breakdowns in Pretwin’s or its suppliers’ systems as well as any other default by suppliers and/or subcontractors engaged, fire, floods, natural disasters, riots, war or other domestic unrest.
- In the event of force majeure, performance of the Agreement will be suspended for as long as the force majeure persists.
- If the force majeure continues for more than one month, Pretwin shall be entitled to terminate the Agreement without court intervention. In such a case, Pretwin shall reimburse any amounts paid, less any costs incurred by Pretwin in connection with the Agreement.
Article 11 – Rights and intellectual property
- Customer must take care of third party consent or necessary permits for the performance of the Agreement. This includes the music rights of copyright organizations such as BUMA-STEMRA or SENA, if they have not already been bought out by the (catering) establishment where the Service is provided. It is the Customer’s responsibility to ensure that this is correctly arranged and Pretwin and/or Subcontractors can never be held liable for this.
Article 12 – Identity of Pretwin
- Pretwin is a trade name of Blijevent B.V. and is registered with the Chamber of Commerce under number 82010633 and carries VAT identification number NL862303722B01. Blijevent B.V. is located at Ringkade 23 (2315EH) in Leiden.
- Pretwin can be reached by email at firstname.lastname@example.org, through the website www.pretwin.nl and by phone at [0712340456 .]
Article 13 – Applicable law and competent court
- The legal relationship between Pretwin and its Customers shall be governed by the laws of the Netherlands.
- All disputes which may arise between Pretwin and its Customers shall be settled by the competent courts of the District of The Hague.
Article 14 – Final provisions
- These terms and conditions are posted on the website www.pretwin.nl and they can be requested at any time by e-mail, email@example.com.
These terms and conditions were last amended on April 18, 2023. This is the first version, there are no previous versions of the Terms and Conditions.