GENERAL TERMS AND CONDITIONS OF SERVICES
THE PARTY FAIRY, April 2018
ARTICLE 1: DEFINITIONS
Agreement(s): the agreement(s) between TPF and its Customer(s) in relation to the Services.
Customer: means the client of TPF under the Agreement and the GTC.
GTC: means the general terms and conditions of Services provided by TPF to its Customer.
TPF: means The Party Fairy, the provider of Services under the GTC.
Party or Parties: means individually or collectively TPF and/or the Customer.
Service(s): means the service(s) provided by TPF to its Customer under the Agreement and the GTC.
Website: means TPF’s website available at https://www.thepartyfairy.nl/.
ARTICLE 2: APPLICABILITY OF THE GTC
The GTC apply exclusively to the Agreements and to any offer, quotation, or Service from TPF. Any other document from the Customer (e.g. without limitation, general terms and conditions of the Customer, etc.) shall be deemed not applicable.
The GTC are available on the Website for consultation, downloading and printing for the Customers’ record or any other party. The GTC can be requested by email at the following address: email@example.com.
ARTICLE 3: FORMATION OF THE AGREEMENT
The Agreement between TPF and its Customer is formed once the Customer has signed up for TPF’s Service by accepting its quotation, by email or in writing. The GTC are a fully integrated part of this Agreement.
ARTICLE 4: SERVICES
TPF’s purpose is to organise parties for children and grown-ups, such as birthday parties, baby showers, etc, with different packages and options.
ARTICLE 5: TERM AND TERMINATION
The term of the Agreement is specified on the quotation.
In case of non-performance under the GTC or the Agreement, the complaining Party shall request in writing from the non-performing Party compliance with its obligations under the GTC and the Agreement. In case of inaction from the non-performing Party within 7 (seven) calendar days, the complaining Party shall be entitled to terminate the Agreement by written and with a 20 (twenty) calendar days’ notice period, without prejudice of Article 7 of the GTC and without prejudice of any further liabilities.
ARTICLE 6: PRICES
The prices of the Services are stated on the quotation submitted by TPF. TPF’s expenses if any, including travel expenses, will be stated in the quotation.
The prices of the Services are always exclusive of any taxes, such as but not limited to the applicable VAT. Prices including taxes may be mentioned, on an indicative basis only.
Unless otherwise specified, a quotation is valid for 14 (fourteen) calendar days from its date. If a quotation consists of different parts, it does not bind TPF to perform just one part or parts of the quotation for the amount stated for such part(s).
The quotation depends on the specific package chosen by the Customer. If it happens that the Customer wants to add Services along, then, depending on feasibility, this should be subject to another quotation including the new Services and new prices accordingly, due to the additional costs incurred therefore.
The prices depend in particular but not exclusively on the number of attendees to a party. If this number decreases 10 (ten) calendar days before the day of the party, then only in this case TPF may make an adjustment accordingly. If this number increases though, whether it is foreseen before or unexpected on the day of the party itself, then the Customer shall pay TPF for the additional costs incurred.
ARTICLE 7: PAYMENT
The price of the Service is payable as follows:
– 60 (sixty) % of the total amount including taxes within 5 (five) calendar days of the quotation’s approval by the Customer,
– and the remaining 40 (forty) % of the total amount including taxes at least 5 (five) calendar days prior to the day of the party.
Any additional costs according to Article 6 of the GTC shall be paid by the Customer within 5 (five) calendar days of the date of the new quotation’s approval by the Customer, or on the day of the party itself in case of unexpected additional costs, including the case of increase of the number of attendees to the party.
A final detailed invoice including any additional costs shall be handed to the Customer on the day of the party.
TPF is entitled to withhold the performance of the Services under the Agreement until the payment has not been made according to this Article 7 of the GTC. In particular, if the second payment mentioned above has not been received by TPF, TPF is entitled to not execute the Services on the day agreed between the Parties for the party and the Customer agrees and undertakes that the party may not take place in that case, without any liability of TPF.
Moreover, if the Customer fails to pay on time for the Services, TPF reserves the right to charge statutory interest compounded to the extent allowed by the applicable law under Article 22 of the GTC.
ARTICLE 8: SUPERVISION
The Customer expressly agrees and undertakes that the children attending a party are not under the supervision and guardianship of TPF. It is therefore up to the Customer to take all necessary precautions to have all the children properly supervised, including special needs’ children (see article 9 of the GTC).
ARTICLE 9: SPECIAL NEEDS’ CHILDREN
The Customer shall notify TPF in writing in case special needs’ children are attending the party, when accepting the quotation.
Special needs are understood broadly for the purpose of the Agreement, such as but not limited to, any impairment, disabilities, illness, allergies, whether food allergies or others, etc.
ARTICLE 10: COOPERATION
The Customer shall provide in a timely manner all the correct and complete information and documents requested by TPF under the Agreement. The Customer shall inform TPF immediately of any fact or circumstance that may be of importance for the performance of the Services.
If the Customer wishes to involve a third party for services to be provided during the party, then this shall be communicated to TPF at least 20 (twenty) calendar days before the party takes place, since this could have an important impact on TPF’s Services. TPF shall bear no responsibility whatsoever for this third party.
ARTICLE 11: PARTNERS
The Customer expressly agrees and undertakes that TPF is allowed to involve other partners in order to perform the Agreement, in whole or part, in particular but not exclusively, if a specific skill is required (e.g. face painting, etc.), in case of sickness on the side of TPF or unavailability for whatever reason, etc.
TPF shall inform the Customer of such use. To the extent allowed by the applicable law according to Article 22 of the GTC, in case of damage caused by this Partner to the Customer, the Customer expressly undertakes and agrees to hold TPF harmless from any liability.
ARTICLE 12: PROPERTY
The styling materials (such as decors, decorations, etc., except for fresh flowers) that TPF makes available during the party remains the full property of TPF or any other third party involved, and shall be returned undamaged to TPF. If not, the Customer shall be liable to compensate TPF for their replacement value.
TPF retains any right, including intellectual property rights, with regards to, in their broadest sense, ideas, concepts, designs, inventions, brands, products, games, texts, pictures, etc. developed by TPF, whether under the Agreement or not. The Customer is not allowed, whether directly or indirectly, to duplicate, make public or exploit them in any way.
ARTICLE 13: CANCELLATION
In case of cancellation of the party by the Customer, whatever the reason, the Customer shall inform TPF in writing and the Customer expressly undertakes and agrees to pay TPF the following:
– 75 (seventy-five) percent of the total amount of the quotation including taxes if the cancellation happens more than 40 (forty) calendar days before the day of the party,
– 90 (ninety) percent of the total amount of the quotation including taxes if the cancellation happens between (20) twenty and 40 (forty) calendar days before the day of the party,
– the total amount of the quotation including taxes if the cancellation happens less than 20 (twenty) calendar days before the day of the party.
ARTICLE 14: PRIVACY
In order to provide the Services and during the Agreement, TPF may have knowledge to some extent of private details regarding the Customer. TPF undertakes to respect the privacy of its Customer whenever applicable and provide the Services in a respectful manner.
ARTICLE 15: CONFIDENTIALITE
The Customer agrees to treat as confidential any information regarding directly or indirectly TPF and/or its partners, whether the information was transmitted orally, in writing or in electronic form by TPF, or to which the Customer has had access at any time during the Agreement. This obligation should apply during the term of the Agreement as mentioned in Article 5 of the GTC and 1 (one) year after its termination, whatever the cause.
Article 16: NON-SOLICITATION
During the Agreement, the Customer expressly undertakes and agrees to not solicit, in any ways, whether totally or partially, directly or indirectly, as an independent or an employee, TPF’s partners or its employees.
ARTICLE 17: COMPLAINT
If a Customer has any complaint regarding the Services under the Agreement, he shall immediately contact TPF at firstname.lastname@example.org, with a description of the complaint and all the relevant details, in order for TPF to be able to respond adequately, without prejudice of Article 7 of the GTC. A complaint about the party itself shall be communicated within 2 (two) calendar days from the date of the party.
ARTICLE 18: LIABILITY
TPF shall fulfil its tasks under the Agreement on a best-effort basis and be as attentive to details as can be expected from a reasonably qualified professional. TPF shall not be liable due to incompleteness or incorrectness of any information or document provided by the Customer.
To the extent allowed by the applicable law under Article 22 of the GTC, the total liability of TPF under the Agreement shall be limited, all damages included, to twice the total amount excluding taxes paid by the Customer to TPF under the Agreement, with a maximum of 2000 (two thousand) euros.
To the extent allowed by the applicable law under Article 22 of the GTC, in no circumstances shall TPF be liable for any indirect, and/or immaterial and/or future damages, such as but not limited to, consequential loss or damage, indirect loss, forgone profits, missed savings, loss of opportunity, etc.
ARTICLE 19: FORCE MAJEURE
TPF shall be excused, without any liabilities, including under Article 18 of the GTC, from performance of the Services under the Agreement, for any period of time, in whole or in part, in case of a force majeure event, such as illness and/or accident, theft, traffic jams, power disruption, bad or severe weather conditions, fire, flood, earthquake, elements of nature or acts of God, riots, civil disorders, rebellions, revolutions, etc. If TPF is prevented from or delayed in performing any of its Services under the Agreement by a force majeure event, TPF shall promptly notify the Customer as soon as possible by telephone (to be confirmed in writing within five (5) calendar days) of the occurrence of the force majeure event and state, in reasonable detail, the Services which are thereby delayed or prevented.
ARTICLE 20: PUBLICITY
To the extent allowed by the applicable law under Article 22 of the GTC, the Customer expressly agrees and undertakes in advance that TPF is authorised to take pictures and videos during the party. These pictures and videos may be published on the Website or on any other support, in order to provide marketing content, advertisement or publicity for TPF.
ARTICLE 21: APPLICABLE LAW
The existence, validity, construction, interpretation, performance and termination of the GTC and the Agreement shall be governed in accordance with Dutch law.
ARTICLE 22: DISPUTE
To the extent allowed by the applicable law under Article 22 of the GTC, any disputes in connection with or arising out of the GTC or the Agreement that cannot be settled amicably shall be heard and any actions exclusively brought in the competent court of the district in which TPF is established at the time of concluding the Agreement.
ARTICLE 23: CONTACT
TPF is a sole proprietorship (‘’eenmanszaak’’) under the applicable law mentioned in Article 19 of the GTC, located in Cycladenlaan 96, Amsterdam, The Netherlands, and registered with the KVK under number 69977076 and with the VAT number NL268228930B01.
TPF can be contacted at email@example.com or on +31 6 31 99 23 24.
ARTICLE 24: GENERAL PROVISIONS
In case any provision of the GTC or the Agreement is declared or become void or invalid, in whole or in part, whatever the reason, this shall not affect the remainder of such provision and the other provisions of the GTC and the Agreement, which will remain in full force.
In case of translation of the GTC, the present English version shall prevail if a discrepancy arises between the present English version and a translated version.
The GTC or the Agreement can only be amended with the preliminary written consent of TPF.
No rights may be derived from misprints, printing errors or altered quotations.