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Our Conceptstore in Eersel will be closed until 19 August. Webshop orders will be dispatched. Bouquet orders will be processed from 20 August.

General terms and conditions

GENERAL TERMS AND CONDITIONS OF OOGENLUST B.V. IN EERSEL

Article 1: definitions

In these terms and conditions, the following definitions shall apply:
a. tenant: the person who rents movable property from Oogenlust;
b. client: the person, who gives an order to Oogenlust to make creations, perform work and/or deliver movable goods;
c. Oogenlust: the user of these general terms and conditions;
d. agreement: the agreement between Oogenlust and the client and/or tenant, to which these general conditions apply;
e. creation: all creative work carried out by Oogenlust, whereby the concepts of atmospheric experience developed by Oogenlust are elaborated in decorative atmospheric images or goods created for the benefit of the client or tenant, respectively.

Article 2: applicability

  1. These general conditions apply to all offers to the client and/or tenant and to agreements between Oogenlust on the one hand and the client and/or tenant on the other.
  2. The applicability of general conditions of the client and/or tenant is expressly excluded, unless Oogenlust has expressly agreed in writing to the applicability of the client's and/or tenant's general conditions.
  3. Deviations from and/or additions to these general conditions shall only bind Oogenlust if agreed in writing.
  4. In the event of a contradiction between these general terms and conditions and the content of the agreement, the provisions of the agreement shall prevail.

Article 3: offers

  1. Unless expressly agreed otherwise in writing, all offers, in whatever form, are non-binding. An offer is valid for the term explicitly mentioned in that offer. If the offer does not include a validity period, this period is deemed to be a maximum of 14 days from the date of the offer.
  2. Offers are based on execution of the agreement under normal circumstances and during normal working hours. All data provided with an offer are for information purposes only and are given as accurately as possible. The details may include images, drawings, details of colours, designs, sizes, etc.
  3. If the offer is made for a work, to which a specification applies, only those specification provisions will apply which have been provided to Oogenlust by the Client or Tenant with specific reference to the provisions relating to Oogenlust's work or supplies. Amendments to the specifications shall not apply unless expressly communicated to Oogenlust specifying the amendments relating to the agreement with Oogenlust and after such amendments have been accepted in writing by Oogenlust.

Article 4: Agreement

  1. Subject to the provisions below, an agreement shall only come into effect after the client and/or hirer has accepted an offer in writing. If an acceptance by the principal and/or hirer deviates from the offer, this shall be considered a new offer by the principal and/or hirer. That new offer must be accepted by Oogenlust in writing.
  2. Additional and less work must be agreed in writing. In the event of additional work, Oogenlust will confirm the consequences for the agreed price and for the delivery time to the client and/or tenant in writing.
  3. Oogenlust is entitled to have all or part of the agreement performed by third parties under the responsibility of Oogenlust.
  4. If Oogenlust needs to perform work on location, the client and/or tenant will provide facilities for Oogenlust's employees, including sanitary facilities, canteen facilities and catering, unless the parties expressly agree otherwise in writing.
  5. The client and/or tenant must inform Oogenlust in writing in advance of any legal requirements to be met by creations to be delivered by Oogenlust.
  6. The Client and/or Hirer must take care of all permits necessary for the event covered by the agreement with Oogenlust as well as permits necessary for the delivery of the goods by Oogenlust to the Client and/or Hirer.

Article 5: Prices

  1. Price quotations are based on the cost prices applicable at the time of the quotation or the conclusion of the agreement. The prices quoted by us are exclusive of sales tax (VAT) and any other taxes, levies and government charges.
  2. In case of unforeseen increase in one or more of the cost price factors, Oogenlust is entitled to increase the price accordingly.
  3. Price increases resulting from additions and/or changes requested by the client and/or tenant shall be borne by the client/tenant.

Article 6: delivery

  1. The delivery periods, delivery deadlines and/or completion deadlines stated by Oogenlust shall always be target deadlines and never fatal deadlines, unless expressly agreed otherwise in writing. In the event of late delivery, Oogenlust shall only be in default after a period of at least 30 working days following written notice of default.
  2. Unless expressly agreed otherwise, delivery shall be Carriage Paid To (CPT). This shall mean delivery to the nearest destination which can be reached without difficulty.
  3.  If Oogenlust is responsible for construction work or assembly work, the client and/or tenant must ensure that the location is easily accessible and reachable for Oogenlust's employees. There must be sufficient parking space for lorries delivering the goods.
  4. If client and/or tenant refuse to take delivery or are negligent in providing information or instructions necessary for delivery, the goods will be stored at the risk of client/tenant. Client/lessee will in that case owe all additional costs, including in any case the costs of storage.
  5. Oogenlust is entitled to deliver in parts, which parts it may invoice separately.
  6. The risk of the goods passes to the client and/or hirer at the time of delivery/delivery. The client and/or hirer is obliged to take all necessary precautions to prevent damage or alienation of the goods.

Article 7: Consequences of delay or unavailability of location

  1. Oogenlust shall not be liable for any delay, loss of time, costs or damage of any nature whatsoever and by whomsoever suffered as a result of the location where Oogenlust is to carry out the agreed work or deliver goods not being timely and/or fully accessible or unavailable.
  2. If the location where Oogenlust is to carry out the work or deliver the goods is not accessible or available to Oogenlust, the client and/or tenant shall owe the agreed price to Oogenlust plus any loss suffered by Oogenlust as a result.

Article 8: complaints

  1. Complaints regarding defects or shortfalls that can be observed on delivery or completion must be noted by the client and/or tenant on any receipt of the goods or reported to Oogenlust by registered letter within two working days of delivery/delivery.Deviations with regard to drawings, sketches, models, folders, circulars, etc. as well as with regard to colour, dimensions or weight shall not constitute grounds for complaint.
  2. Non-visible defects must be reported by registered letter to Oogenlust by the client and/or tenant within two working days of discovery.
  3. Complaints in respect of assembly work and/or construction work must be reported to Oogenlust by registered letter within two working days. Complaints in respect of invoices must be reported to Oogenlust by registered letter within eight working days of the invoices being sent.
  4. Complaints received after the set deadlines will not be considered.
  5. Oogenlust must be enabled to check complaints about delivered goods on site. Goods on which complaints have been made may only be returned with the prior written consent of Oogenlust.

Article 9: liability

  1. Oogenlust shall never be liable to its client and/or tenant for damage, loss, third party claims, fines and/or costs, in any way whatsoever incurred, unless the client and/or tenant proves that such damage, loss, third party claims or costs were caused by, measured by objective standards, wilful intent, gross negligence or gross negligence on the part of Oogenlust.
  2. If Oogenlust is nevertheless liable in compliance with the foregoing provision, this liability shall at all times be limited to a maximum of the amount of the assignment or, as the case may be, to the amount of the payment to be provided by Oogenlust's insurer (including any excess).
  3. Oogenlust shall never be liable for indirect or consequential damages.
  4. The client and/or tenant shall indemnify Oogenlust against all third party claims related to or arising from goods delivered by Oogenlust or work carried out by Oogenlust.

Article 10: Force majeure

  1.  For the purposes of these general conditions, force majeure is to be understood, in addition to what is understood in law and jurisprudence in this respect, as all external causes, direct or indirect, foreseeable or unforeseeable, as a result of which Oogenlust cannot fulfil its obligations under the agreement entered into, including strikes.Force majeure for the purposes of these general conditions is in any case understood to mean:
  • natural disasters, such as floods etc;
  • fire;
  • quality changes over time;
  • transport strikes;
  • plant diseases;
  • energy failures.
  1. Oogenlust shall not be obliged to fulfil its obligations during and after the period in which the force majeure or its consequences impede or prevent the fulfilment of its obligations. Oogenlust shall in that case be entitled to change the term of delivery, delivery and/or completion.
  2. If the force majeure situation continues for more than three consecutive months, Oogenlust has the right to terminate the agreement. In that case, Oogenlust is entitled to compensation for the costs it has incurred or work it has carried out, insofar as this has benefited the client and/or tenant.

Article 11: Payment

  1. Payment shall be made within 14 days of the invoice date unless expressly agreed otherwise in writing.
  2. Payments made by the customer and/or tenant shall always first be applied to settle all interest and costs due and subsequently to reduce the longest outstanding payable invoices, even if the customer and/or tenant states that the payment relates to another invoice.
  3. Any claim of Oogenlust on the client and/or tenant is immediately due and payable if the client and/or tenant changes the form of company, applies for a suspension of payments, is declared bankrupt, goes into liquidation, dies or is dissolved as well as if goods or claims of the client or tenant are seized by third parties.
  4. In case of delay in the delivery of goods due to the fault of the client and/or tenant, Oogenlust shall be entitled to invoice the costs already incurred as well as a part of the total specified price in proportion to the parts already delivered.
  5. If payment is not made within the stipulated period, the client and/or tenant shall owe contractual default interest of 1 % per month, whereby a part of the month shall be counted as a full month, on the gross invoice amount.Furthermore, in the event of non-payment or late payment, the client and/or tenant shall owe extrajudicial costs. Such extrajudicial costs shall be at least 15 % of the principal sum due.

Article 12: Termination of agreement

  1. If the client and/or tenant do not, not properly or not timely comply with any obligation arising for him from this or any other agreement entered into with us, we have the right to suspend the performance of the agreement or to dissolve the agreement in whole or in part without Oogenlust being liable to pay any compensation without prejudice to Oogenlust's other rights.
  2. Oogenlust may terminate all or part of the agreement without notice of default and without judicial intervention by written notice with immediate effect if the client or tenant applies for a moratorium, is declared bankrupt, its business is liquidated or terminated or is otherwise dissolved.

Article 13: retention of title

  1.  All goods delivered by Oogenlust shall not become the property of the client until all goods delivered by Oogenlust have been paid for. Until the moment of full payment of all goods, all goods delivered and, where appropriate, assembled, shall remain the property of Oogenlust.
  2. In case Oogenlust invokes the retention of title and goods need to be recovered, the costs of recovering the goods shall be borne by the client.
  3. Goods delivered may never be resold or given as security by a client before payment has been made to Oogenlust.

Article 14: Intellectual property rights

  1.  The client and/or tenant are not allowed to make any changes to the creations delivered or completed without the written consent of Oogenlust.
  2. Oogenlust retains all intellectual property rights to its designs, drawings, sketches, photographs, digital data carriers, images, models, brochures, etc. Copying the creations in whole or in part is strictly prohibited.
  3. Oogenlust reserves the right to photograph delivered or completed creations (or have them photographed) for its own purposes.
  4. Oogenlust has the right to mention its name on or near its creations at all times.

Article 15: insurances

  1. Unless expressly agreed otherwise in writing, the client and/or hirer will have to arrange insurance for the goods entrusted to the client and/or hirer in the context of Oogenlust's performance of the agreement. In the event of events, the client must arrange event insurance at his own expense.
  2. In all cases where goods belonging to Oogenlust are entrusted to the client and/or tenant and are insured by the client and/or tenant, the client and/or tenant shall be obliged, at the first request of Oogenlust, to pledge its claim on the insurer to Oogenlust as additional security for all that Oogenlust can claim from the client and/or tenant.
  3. At Oogenlust's first request, the client and/or tenant must provide Oogenlust with a copy of the insurance policy.

Article 16: personal data

  1. If Oogenlust processes personal data in the context of the performance of the agreement concluded with the client and/or tenant, such personal data will be processed in a proper and careful manner in accordance with the Personal Data Protection Act and the General Data Protection Regulation.
  2. If the client processes personal data during the performance of the agreement, the client will process the personal data in a proper and careful manner and comply with legal requirements, including the Personal Data Protection Act and the General Data Protection Regulation.
  3. When the agreement between the parties ends, they will either return the personal data processed in the performance of the agreement to the other party or destroy it if there is no reason to keep the personal data.

Article 17: miscellaneous

If any clause of these general terms and conditions should be null and void, this shall leave the other clauses of these terms and conditions fully intact. In that case, the parties shall make an arrangement for the void or voided clause that comes closest to the original intention of the parties.

Article 18: Applicable law and disputes

  1. All offers, agreements and the performance thereof shall be governed exclusively by Dutch law.
  2. All disputes that may arise as a result of an agreement to which these terms and conditions apply in full or in part, or as a result of further agreements, shall be settled by the District Court of East Brabant.