General Terms and Conditions – Ik Ben Aanwezig (version may 2018)
In these general terms and conditions, the following definitions apply:
– Ik Ben Aanwezig: the sole proprietorship Ik Ben Aanwezig with its registered office and office at the Hessenberg 2, 6511 BT in Nijmegen;
– Client: the other party who acts in the exercise of a profession or business in the capacity of user of the services or goods delivered by or on behalf of Ik Ben Aanwezig;
– Ticketshop: the (online) system developed by Ik Ben Aanwezig for the purchase, handling, processing and settlement of Tickets, including updates of this system;
– Agreement: every written agreement concluded between the Client and Ik Ben Aanwezig with regard to the use of the Ticketshop as well as all (legal) acts in preparation and in execution of that agreement;
– Assignment: the order given by the Client to Ik Ben Aanwezig regarding the use of the Ticketshop;
– General Terms and Conditions: the general terms and conditions of Ik Ben Aanwezig applicable to the Assignment and / or the Agreement, in respect of which the Client declares to have received, read and accepted them;
– Ticket(s): the admission ticket of an event organized by or on behalf of the Client that is sold by the Client to the User via the Ticketshop;
– User: the natural and / or legal person who buys a Ticket from the Client using a Ticketshop for an event organized by or on behalf of the Client;
– Parties: Ik Ben Aanwezig and Client, each Party to be named separately.
– Mollie: The Mollie Payments Foundation, office at Keizersgracht 313, 1016 EE Amsterdam. The Mollie Payments Foundation collects and manages the funds received on behalf of Ik Ben Aanwezig. The Mollie Payments Foundation is affiliated to Mollie B.V. as trust account entity and is therefore involved in its supervision by the Dutch central bank;
Applicability of general conditions
These general conditions apply unconditionally and exclusively to all offers made by and agreements concluded with Ik Ben Aanwezig. Parties can only deviate from these general conditions expressly and in writing or by e-mail.
General terms and conditions of the Client are explicitly rejected. This is only different if it has been agreed in writing or by e-mail between the parties that the general terms and conditions of the Client apply to the concluded Agreement to the exclusion of those of Ik Ben Aanwezig. A single provision in the general terms and conditions of the Client that his or her conditions apply is not sufficient for this.
Offers, creation and modification
All offers from Ik Ben Aanwezig are without obligation and should be regarded as an invitation to enter into negotiations about the conclusion of an Agreement. An offer remains valid during the period stated in the offer or oral offer. After expiry of this period no rights can be derived from such an offer. An Agreement is only established after Ik Ben Aanwezig has confirmed the order given to it in writing or by e-mail to the Client or at the moment that Ik Ben Aanwezig has started the execution of the Agreement.
Until that time, Ik Ben Aanwezig is entitled to revoke an offer and to refuse an assignment without giving reasons. In such a case, Ik Ben Aanwezig is not liable for any damage on the part of the Client.
Changes to a closed Agreement are only valid if confirmed in writing or by e-mail by Ik Ben Aanwezig. This applies to both substantive changes regarding the services to be provided and also to price changes.
Ik Ben Aanwezig has the right to increase the agreed price of a service to be delivered prior to delivery if in the period between the conclusion of the Agreement and the actual (delivery) changes may occur. In that case, the Client has the option to cancel the order or order within 48 hours after notification of the price change. If the Client does not make use of this cancellation option, the Client will (tacitly) agree to the price change.
Images and descriptions in catalogs, leaflets and other promotional material as well as descriptive data, etc. are only indicative and do not bind Ik Ben Aanwezig. Obvious mistakes or errors in quotations as well as minor deviations from the delivered products in relation to the displayed offers, do not bind Ik Ben Aanwezig and give the client no claim to dissolution and / or compensation.
Prices and payment
The Client owes the prices included in the order confirmation or Agreement for the execution of the agreed services. All prices used by Ik Ben Aanwezig are in euros and exclusive of turnover tax (VAT), with the exception of the fee per Ticket sold.
The Client gives permission in advance for settlement of the amounts he owes to Ik Ben Aanwezig with the amounts received by Mollie (on behalf of Ik Ben Aanwezig) from each User so that Ik Ben Aanwezig is entitled to proceed with setoff. After settlement, the amounts received via Mollie are transferred to the Client’s bank account on the first Tuesday after the event organized by the Client, as well as the accrued ticket funds.
Complaints that relate to the amount and / or the quality of the service (s) delivered must be made to the Client no later than 30 days after the payment of the remainder, in the absence of which the Client is deemed to have agreed to (the accuracy of) the amount settled.
Opposite the Client an extract from the administration of Ik Ben Aanwezig serves as full proof, except for evidence provided by the Client. Ik Ben Aanwezig does not have to keep her administration longer than the legal retention periods.
Ik Ben Aanwezig has developed the Ticketshop and makes it available to the Client for the sale of Tickets to Users. Ik Ben Aanwezig acts as a mediator in the sense of article 7: 425 Dutch Civil Code. Ik Ben Aanwezig is expressly not part of agreements that come about at the hands of Ik Ben Aanwezig between Client and Users. Ik Ben Aanwezig provides one or more Tickets to the User after the agreement between the Client and the User has been concluded, depending on the agreement.
Ik Ben Aanwezig grants the Client access to the use of the Ticketshop if and insofar this is necessary for the performance of the obligations included in the Agreement.
Ik Ben Aanwezig can provide the Client with new, improved versions of the Ticketshop during the term of the Agreement, but this is a choice of Ik Ben Aanwezig and no right of the Client.
Delivery of services takes place in principle within the agreed term. A delivery period used by Ik Ben Aanwezig is indicative at all times and can not be regarded as a deadline, unless parties have explicitly agreed otherwise. Ik Ben Aanwezig will only be in default and default after she has been given notice of default in writing by the Client and this has given her a reasonable term for the performance and fulfillment within this reasonable period is not forthcoming.
Information obligation during Agreement
After being requested to do so in writing by the Client, Ik Ben Aanwezig is obliged within reasonable limits to provide an overview of all sold Tickets and all pending applications from Users. If the Client requests this in writing, Ik Ben Aanwezig will also provide insight into each separate transaction.
All communication between the parties therefore takes place via the digital route via e-mail or via the secure part of the website of Ik Ben Aanwezig.
Privacy and personal data
The Client is obliged to inform the User about the rules relating to the processing of personal data and privacy in the broadest sense of the word and indemnifies Ik Ben Aanwezig for any claims of the User in this respect.
Ik Ben Aanwezig is authorized to make the personal data and preferences of the User available to the Client, insofar as the User has given permission for this in accordance with the applicable rules.
Ik Ben Aanwezig strives to secure its systems within reasonable limits against loss, theft and / or unlawful use of privacy and personal data. Ik Ben Aanwezig takes care of securing the privacy and personal data as well as possible within its power and expertise. Ik Ben Aanwezig is not liable for unlawful infringements of third parties with regard to these data. The Client indemnifies Ik Ben Aanwezig for any claims of the User with regard to such unlawful infringements of third parties.
The copyright, trade name, logo and any other rights of intellectual or industrial property as well as similar rights to protect information relating to the Ticketshop (including standard adjustments and new versions, as well as modifications that have been made at the request or specification of the Client), databases, documentation or materials only belong to Ik Ben Aanwezig. Nothing in the Agreement extends to full or partial transfer of such rights.
The Client indemnifies Ik Ben Aanwezig against claims from third parties for damage caused by the Client providing incorrect or incomplete information.
Client indemnifies Ik Ben Aanwezig on first request if Ik Ben Aanwezig is addressed in any way, by or on behalf of a User with regard to the content and / or the fulfillment of the agreement (s) that Client and User fulfill with each other, for example in the case of cancellations, as well as the related communication from the Client to the User, or any other possible form of shortcoming and / or unlawful actions by the Client towards the User.
The Client is liable for all costs incurred by Ik Ben Aanwezig in and out of court in connection with disputes between the User and the Client, of whatever nature.
The Client is at all times deemed to act in the context of his profession or business.
The liability of Ik Ben Aanwezig for (direct) damage on the side of the Client is, irrespective of the legal basis on which the claim is based, always limited to at most the insurance cover, at least up to the invoice amount that Ik Ben Aanwezig at the Client for has charged the relevant event if, for whatever reason, the damage is not covered by any insurance on the part of Ik Ben Aanwezig.
Any liability of Ik Ben Aanwezig is excluded for indirect and / or consequential damage, including but not limited to trading loss (stagnation of production, loss of profit, etc.), other indirect damage and damage as a result of liability towards third parties. In case of force majeure, Ik Ben Aanwezig is never liable for any shortcomings on its part and the harmful consequences thereof.
Ik Ben Aanwezig is not liable for damage of the Client, in any form whatsoever, due to a loss of the power of disposition over the funds that Ik Ben Aanwezig receives or should receive from Mollie, unless any mandatory provision precludes this.
Ik Ben Aanwezig is not liable for damage that is directly or indirectly the result of disruptions or maintenance of the computers used by it or (electronic) systems.
Ik Ben Aanwezig is not liable for damage that is directly or indirectly the result of Tickets that have been falsified by Users or third parties or misuse or unauthorized use of Tickets by Users or third parties.
The liability limitations mentioned above are also stipulated for the benefit of the third parties engaged by Ik Ben Aanwezig, who can therefore invoke this limitation of liability.
Force majeure means circumstances and / or factors that arise outside the will of Ik Ben Aanwezig and can not reasonably be attributed to it, as a result of which it can not reasonably be expected to comply with the Agreement (even further).
Force majeure shall in any event be in any way extinguished in any manner whatsoever by servers, backups and other equipment used by Ik Ben Aanwezig, disruptions in telephone and internet traffic, restrictive government measures, seizure, power failure, computer failures, strikes, special accidents and furthermore any circumstance and / or factor which I Ben Aanwezig could not reasonably have foreseen and on which she was unable to exercise any influence.
In addition to the provisions in Article 10 regarding liability, Ik Ben Aanwezig is entitled in case of force majeure to suspend its obligations or to dissolve the Agreement in whole or in part. In that case, it is only obliged to cooperate with the cancellation of any already performed services and never liable for any damage on the part of the Client.
Suspension and termination, end of the Agreement
Ik Ben Aanwezig is entitled to suspend the fulfillment of its obligations under the Agreement or at least terminate the Agreement in writing or by e-mail if the Client has been granted provisional suspension of payment or the Client has been declared bankrupt or at least there are indications that such a situation is imminent. Reported authority also exists in the event of attachment or if the Client would otherwise lose the power of disposal over his or her assets. In these cases Ik Ben Aanwezig will never be obliged to pay any compensation for damage.
The foregoing does not affect the authority of the parties to suspend the performance of his or her obligations under the Agreement or at least terminate the Agreement with immediate effect and to claim compensation if the other party fails attributably in the fulfillment of his or her obligations. from the Agreement and these general terms and conditions and this shortcoming is serious enough to justify a dissolution. Under such a serious shortcoming falls in any case, but not exclusively, the use of the Ticketshop by the Client for a purpose other than that for which Ik Ben Aanwezig has made the Ticketshop available, as well as making unauthorized changes to the Ticketshop by or on behalf of the Client. as well as if the Client uses the Ticketshop directly or indirectly to enter into agreements with Users that are contrary to the law, good morals or public order and / or agreements that can be offensive or fraudulent due to content or purport qualified, which is exclusively at the discretion of Ik Ben Aanwezig. The invocation of this extrajudicial dissolution must also be made in writing or by e-mail.
In the event of an interim dissolution of the Agreement by means of an extrajudicial declaration from Ik Ben Aanwezig as referred to in Articles 12.1 and 12.2, Ik Ben Aanwezig will in any case, without prejudice to the claims of Ik Ben Aanwezig, have already appeared but unpaid payment obligations of the Client , claim for compensation for the damage suffered by it.
Insofar as the Client, in spite of the provisions of Article 10, must be regarded as a natural person, the Client hereby authorizes Ik Ben Aanwezig to have his personal data stored in a file as referred to in Article 1 under c of the Personal Data Protection Act. and (have) processed.
If two or more persons together are the Client or by whatever cause (inheritance or otherwise), each of these persons will be jointly and severally liable for all the services owed by the Client and the Clients jointly have one right of action against Ik Ben Aanwezig for all Ik Ben Aanwezig due.
The Client undertakes to notify Ik Ben Aanwezig without delay of any attachment on the Client’s property, movable or immovable property, or on the movable property or any part of it rented to him. Furthermore, from his declaration to his bankruptcy, his bankruptcy, his application for suspension of payments, his request or the request made by the mayor and aldermen of his place of residence or place of residence to pronounce the application of the debt rescheduling arrangement in respect of him and of his intention to leave the Netherlands. In the cases referred to above, the Client also undertakes to inform the attaching bailiff or the trustee or the administrator without delay of and provide insight into the Agreement with Ik Ben Aanwezig.
The Client is not permitted to transfer rights and / or obligations under the Agreement with Ik Ben Aanwezig to third parties without prior written permission from Ik Ben Aanwezig.
Every right of action and / or defense against Ik Ben Aanwezig lapses by the mere expiry of one year after its occurrence.
Possible legal claims must be instituted by Ik Ben Aanwezig as well as Client on pain of forfeiture within one year after the end of the Agreement.
Disputes: applicable law and choice of forum
Dutch law applies to all agreements concluded with Ik Ben Aanwezig. The competent court of the Gelderland District Court has exclusive jurisdiction to hear disputes between the parties concerning these agreements and / or these general terms and conditions. Parties can decide by mutual agreement to pass the civil court and to agree another form of dispute resolution (arbitration or mediation).
If and to the extent that on the basis of reasonableness and fairness or unreasonably onerous character can not invoke any provision from these terms and conditions, the relevant provision with regard to the content and scope shall in any case be as much as possible less far-reaching significance, so that this provision can nevertheless be invoked.
These general terms and conditions have been drawn up in Nijmegen in May 2018.