Terms & conditions

Article 1: Applicability

1.1 These general terms and conditions apply to the agreement concluded between A Culinary Affair and the client (the "Client"), including any (prior) quotations, proposals and other arrangements, unless the parties have expressly agreed otherwise in writing.

1.2 The applicability of any general terms and conditions of the Client is expressly excluded. If the parties agree in writing that the Client's general terms and conditions shall also apply, the general terms and conditions of A Culinary Affair shall prevail in the event of any conflicting provisions.

1.3 Article 7:404 of the Dutch Civil Code does not apply to the agreement.

1.4 If one or more provisions of these general terms and conditions are null and void or are annulled, the remaining provisions shall remain in full force and effect.

1.5 If a situation arises between A Culinary Affair and the Client that is not provided for in these general terms and conditions or in the agreement, the Uniform Conditions for the Hotel and Catering Industry (Uniforme Voorwaarden Horeca), as filed with the District Court of The Hague, shall apply.

Article 2: Offer and acceptance

2.1 All quotations, in whatever form, are without obligation, unless a specific period for acceptance is stated in the quotation.

2.2 A Culinary Affair reserves the right to refuse an assignment, without stating reasons, prior to written confirmation by the Client.

2.3 The agreement is concluded upon acceptance of the quotation by the Client. Acceptance must be made in writing.

2.4 If the acceptance deviates from the offer included in the quotation, the agreement shall only be concluded with regard to the part that corresponds. For the remainder, A Culinary Affair shall not be bound without its express written consent.

2.5 Amendments to the agreement must be agreed in writing by both parties.

2.6 Obvious mistakes or clerical errors in quotations are not binding.

2.7 Without the consent of A Culinary Affair, the Client is not permitted to show or provide to third parties any quotations, written concepts and/or images supplied by A Culinary Affair.

2.8 In the event of liquidation, (an application for) suspension of payments, bankruptcy, debt restructuring or any other circumstance as a result of which the Client is no longer free to dispose of its assets, A Culinary Affair may terminate the agreement forthwith and with immediate effect, without judicial intervention and without notice of default, and without the Client being entitled to any compensation, without prejudice to all other rights of A Culinary Affair. If a period for acceptance is stated in the quotation, the quotation shall lapse immediately (notwithstanding Article 2.1).

Article 3: Prices

3.1 All prices stated in quotations are in euros and exclusive of VAT, other government-imposed levies or charges, and transport and disposal costs, unless expressly stated otherwise.

3.2 A composite quotation does not oblige A Culinary Affair to perform part of the assignment for a proportionate part of the stated price.

3.3 If one or more cost price factors increase between the conclusion of the agreement and the execution of the assignment, A Culinary Affair is entitled to pass these increases on to the Client. A Culinary Affair shall notify the Client of such increases in writing.

3.4 A price increase as referred to in Article 3.3 does not entitle the Client to terminate the agreement.

Article 4: Payment

4.1 Payment must be made within 14 days after the invoice date.

4.2 For agreements with a contract value exceeding €500, a deposit of 75% of the total contract amount (including VAT) shall be invoiced upon confirmation of the booking, unless otherwise agreed in writing. The remaining balance will be invoiced after the event based on final costs.

4.3 If the down payment is not received in full and/or on time, A Culinary Affair is entitled to suspend the performance of its obligations or to terminate the agreement without judicial intervention and without notice of default, and without the Client being entitled to any compensation, without prejudice to all other rights of A Culinary Affair.

4.4 If the Client fails to make timely payment of an invoice, the Client shall be in default by operation of law. The Client shall then owe interest equal to the statutory interest rate. Interest shall be calculated from the moment the Client is in default until full payment has been made.

4.5 All judicial and extrajudicial collection costs incurred by A Culinary Affair as a result of non-payment shall be borne by the Client. The Client shall also owe interest on such collection costs.

4.6 If, after the second written reminder, payment of an invoice has still not been received in full, A Culinary Affair shall be entitled to charge an extrajudicial collection fee amounting to ten percent (10%) of the outstanding invoice amount, in accordance with applicable Dutch law. This fee shall be invoiced separately.

4.7 A Culinary Affair may refuse full repayment of the contract sum if the accrued and ongoing interest and collection costs are not paid at the same time.

4.8 The Client is not entitled to set off any amounts owed to A Culinary Affair.

4.9 In the event of liquidation, (an application for) suspension of payments or bankruptcy, attachment against the Client, debt restructuring or any other circumstance as a result of which the Client is no longer free to dispose of its assets, all claims of A Culinary Affair against the Client shall become immediately due and payable.

Article 5: Cancellation

5.1 If an assignment given to A Culinary Affair is cancelled in whole or in part, the Client shall be obliged to compensate the loss in accordance with the schedule below, calculated on the basis of the contract sum or the cancelled part thereof.

In the event of cancellation more than 14 calendar days prior to the time at which, under the relevant agreement, the first service was to be provided by A Culinary Affair, the Client shall not be obliged to pay any compensation.

In the event of cancellation between 14 and 7 calendar days prior to the aforementioned time, the Client shall be obliged to pay 25% of the contract sum.

In the event of cancellation less than 7 calendar days prior to the aforementioned time, the Client shall be obliged to pay 100% of the contract sum.

5.2 For the calculation of the compensation as set out in Article 5.1, the date on which the written cancellation is received by A Culinary Affair shall be decisive.

5.3 Cancellation of an assignment given to A Culinary Affair may only take place in writing.

5.4 The number of persons specified by the Client to A Culinary Affair is binding, provided that the Client shall not be obliged to pay compensation in the event of partial cancellation within a margin of 10% of the number of persons stated in the quotation, provided that such cancellation is made in writing and no later than 7 calendar days prior to the scheduled date of the event. If it appears that A Culinary Affair is expected to provide services for more persons than agreed, A Culinary Affair shall be entitled either to refuse delivery to such persons or to provide delivery to such persons on different terms and conditions as determined by A Culinary Affair.

Article 6: Transport and delivery

6.1 Unless agreed otherwise, the choice of transport and shipment of goods shall be at the sole discretion of A Culinary Affair.

6.2 A Culinary Affair is not responsible for storage by or on behalf of the Client.

6.3 The Client is obliged to accept the goods at the time they are delivered or caused to be delivered by A Culinary Affair. The Client is required to take all necessary measures to ensure prompt acceptance of the goods, including providing free and unobstructed access to all relevant areas and ensuring that work on site can proceed without hindrance.

6.4 If the Client fails to take timely measures to accept the goods, A Culinary Affair shall be entitled to store the goods at the Client's expense and risk, in which case A Culinary Affair shall be deemed to have fulfilled its delivery obligation.

6.5 A Culinary Affair reserves the right to make partial deliveries.

Article 7: Liability

7.1 A Culinary Affair shall only be liable for direct damage. Any form of indirect damage, including consequential damage, loss of profit, lost savings and damage due to business interruption or other damage, is expressly excluded.

7.2 The maximum liability of A Culinary Affair is limited to the lesser of (i) the principal amount of the quotation (exclusive of transport, delivery and any services to be provided by third parties), or, if the liability relates only to part of the assignment, the part of the quotation to which it relates, and (ii) the amount paid out by the insurer in the relevant case.

7.3 A Culinary Affair shall not be liable for damage of any kind arising from or related to incorrect and/or incomplete data provided by or on behalf of the Client.

7.4 A Culinary Affair shall not be liable for damage caused by intent or gross negligence of its employees, except to the extent that such exclusion of liability is not permitted under mandatory applicable law.

7.5 The Client shall at all times be regarded as the owner, tenant or user of the location, even if the rental was arranged through the mediation of A Culinary Affair. A Culinary Affair shall not be liable for damage caused to the premises by others during the period of use.

7.6 Damage resulting from the placement and/or anchoring of rental and furnishing materials, regardless of whether this takes place on the instructions of and/or with the consent of the Client, shall be at the expense of the Client. The Client indemnifies A Culinary Affair against any damage arising in this context, including any costs incurred.

7.7 The Client indemnifies A Culinary Affair against all damage that is directly or indirectly the result of a breach of contract or unlawful act by or on behalf of the Client, its employees and guests, and damage resulting from any of their services and goods, including any costs incurred. Damage to goods belonging to A Culinary Affair shall be compensated at cost price.

Article 8: Force majeure

8.1 In these general terms and conditions, force majeure shall mean, in addition to what is understood in law and case law, all external circumstances beyond the control of A Culinary Affair that prevent A Culinary Affair from fulfilling its obligations.

8.2 A Culinary Affair may suspend its obligations under the agreement for the duration of the force majeure, unless it concerns a time limit that is of the essence and is known as such to the parties. If this period lasts longer than two months, either party shall be entitled to terminate the agreement, without any obligation to compensate the other party for damages.

Article 9: Allergens

9.1 A Culinary Affair prepares its dishes in a production kitchen. The dishes may therefore contain traces of allergens. At the request of the Client, A Culinary Affair shall provide information regarding the allergens present in its dishes.

Article 10: Applicable law and disputes

10.1 The agreement, including (prior) quotations and other arrangements, as well as its performance, shall be governed exclusively by Dutch law, irrespective of the actual place of performance of the assignment.

10.2 All disputes arising from or in connection with the agreement, including (prior) quotations and other arrangements, as well as its performance, shall be submitted to the competent court in Amsterdam.