Gerard du Buf from the company ‘Magic in Communication’, also trading as ‘Magie in Communicatie’, located at Baayewei 6 - 4854 KC – Bavel – The Netherlands, is the owner of onlineenergizers.com and responsible for these 'Terms and Conditions'.
https://onlineenergizers.com - Baayewei 6 - 4854 KC Bavel - Nederland - Tel. +31 161 430066
Gerard du Buf is CEO of Magic in Communication. To contact him mail to firstname.lastname@example.org.
Terms and Conditions
General1.1 Magic in Communication has entered into a partnership with various magicians, trainers, speakers (hereinafter: artists) under the name Online Energizers (hereinafter: OE) with the aim of jointly providing services to clients.
1.2 These general terms and conditions have been stipulated for the benefit of OE as well as for the persons working for the partnership or the individual members thereof. Where in these terms and conditions reference is made to OE, it should also be read: everyone who is affiliated with the partnership.
Applicability2.1 These terms and conditions apply to all assignments and ensuing follow-up assignments that are given to OE and furthermore to all obligations that arise from OE or from agreements for OE. General terms and conditions of clients, suppliers and other third parties do not apply and are expressly not accepted by OE.
2.2 The general terms and conditions can be consulted on the OE website: www.OnlineEnergizer.com
2.3 Magic in Communication is registered with the Chamber of Commerce in Amsterdam under number 20135413. The trade name Online Energizers is listed under this registration.
2.4 All artists associated with and / or collaborating with OE, their heirs and all legal successors under a general title, can invoke these conditions.
Command3.1 A customer authorized to order must confirm the order confirmation sent by OE for substantive approval and return it to OE. If the order confirmation is not immediately received, OE has the right not to commence or discontinue the work. If requested, the client must provide a copy of a valid ID.
3.2 All assignments are deemed to have been issued directly to OE only and not to any auxiliary person or to an associated artist. The effect of Articles 7: 404 and 7: 407 paragraph 2 BW is expressly excluded.
3.3 The client is fully responsible for all assignments and contacts with persons or third parties working at / for the client.
3.4 OE is at all times authorized to cancel the assignment at any time with due observance of a reasonable term.
Fee4.1 Unless otherwise agreed in writing, OE's fee will be calculated on the basis of the price stated in the order confirmation.
4.2 If a strippenkaart is purchased by the client, it must be paid in full in advance, unless explicitly agreed otherwise in writing. A strip card refers to the purchase of a number of performances mentioned in the confirmation thereof at a more favorable rate. The validity period of the strip card will be indicated in the confirmation. If nothing is indicated, the strippenkaart applies indefinitely. OE has the right at all times to terminate the strip card for reasons of its own, with due observance of the provisions of these conditions.
4.3 If a subscription is taken out by the client, it must be paid in full for a period of one year, unless explicitly agreed otherwise in writing. A subscription refers to the purchase of a collection of performances or activities mentioned in the confirmation thereof. OE has the right to terminate the subscription at any time for reasons of its own, with due observance of the provisions of these conditions.
4.4 The rate is agreed upon commencement of the assignment by communicating this rate to the client, who is deemed to have agreed to the rate if he has not immediately rejected this rate after notification. All amounts are exclusive of VAT. The rate can be indexed annually on the basis of the CBS consumer household price index and can be adjusted after prior announcement.
4.5 At the end of each calendar month, OE will invoice you, stating a specification of the work performed.
4.6 Payment of the invoice must take place within 14 days of the date, unless another payment term has been expressly agreed. In the event of late payment of the invoice, additional costs will be charged in accordance with the statutory regulation of Article 6:96 of the Dutch Civil Code.
4.7 OE is entitled to demand an advance as security of payment. An advance received is deducted from the final settlement of the assignment.
Liability5.1 OE is liable for damage that the client suffers and that is the result of a shortcoming in the fulfillment of the agreement attributable to OE.
5.2 The compensation of the damage is limited to the amount that OE has agreed with the client for the (present) agreement (excluding VAT) with a maximum of € 1000 for damage to persons or property and a maximum of € 500 for direct financial loss. . Liability for indirect damage is excluded.
5.3 Claims for payment of compensation will lapse one year after the day on which the client became known or could reasonably have been aware of the damage and the possible liability of OE for that damage.
Complaints and disputes settlement6.1 All disputes that may arise as a result of the conclusion or execution of an assignment, including claim disputes, must in the first instance be submitted to OE.
6.2 Disputes that cannot be resolved to mutual satisfaction will be submitted to the Disputes Committee. By entering into an agreement with OE, the client accepts the applicability of the Disputes Committee (www.degeschillencommissie.nl).
6.3 The client must submit his complaint to OE within one month after the moment when he became aware or could reasonably have taken cognizance of the acts or omissions that gave rise to his complaint.
6.4 OE will set out a solution to the client in writing within four weeks of receipt of the complaint. If the complaint is not or not satisfactorily resolved within the stipulated period, the client can submit the complaint to the Disputes Committee.
6.5 The client can submit his complaint to the Disputes Committee no later than twelve months after the written response from OE. After that, this option expires.
Final provisions7.1 In the event of a complaint, the client can turn to mr. G. du Buf or mr. C.F. Flag carrier. Contact details are available at www.OnlineEnergizer.com. The complaint will be handled adequately.
7.2 Dutch law applies to the legal relationship between the client and OE. Any disputes will be submitted to the competent court in Amsterdam.
Bavel, June 1, 2020