Algemene voorwaarden/ Terms & Agreements

Terms and Conditions 

General Terms and Conditions of Cakeworks Studio, located in Haarlem.

Version valid from October 1, 2018.

Cakeworks Studio, hereinafter referred to as CWS.

Definitions

User: The user of the general terms and conditions is understood to be Cakeworks Studio, with its registered office in Haarlem, Korte Begijnestraat 31, 2011 HC. Registered in the trade register under Chamber of Commerce number 61977136. VAT nr. NL193859889b02.

Client: Client is understood to mean the person who has given the assignment to manufacture a wedding cake, occasion cake or workshop, courses or in whose name CWS makes an assignment, or makes a reservation for this. Until an agreement has been concluded, the client is also referred to as the applicant.

Supplier: The supplier is understood to mean the person who, in the course of his / her business, offers / delivers goods and / or services of an order to be delivered by CWS. 

1. General

1.1 These terms and conditions apply to all deliveries and offers from CWS. The conditions are accessible to everyone and included on the CWS website (www.cakeworks.nl). We will send you a written copy on request.

1.2 By placing an order / reservation you indicate that you agree with the delivery and payment conditions. CWS reserves the right to change its delivery and / or payment conditions after the expiry of the term.

 1.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by CWS.

1.4 CWS guarantees that the delivered product meets the agreement and meets the specifications stated in the offer.

2. Conclusion and content of the agreement 

2.1 An agreement is concluded when the client accepts an offer from CWS verbally (or by telephone) or in writing by Email. The client receives a written confirmation of the agreement from CWS per email.

2.2 The first quotation issued is mutually free of obligation, no rights can be derived from printing, typing errors and typographical errors as well as from mutilated quotations.

2.3 If CWS has received the assignment and has started the execution and / or adjustment of a quotation, without an agreement to be concluded, the applicant owes all costs in preparation. Request specific ingredients, storeys, etc.

2.4 All periods mentioned on the website are indicative. No rights can therefore be derived from the aforementioned periods.

2.5 If the acceptance deviates (on minor points) from the offer included in the quotation, CWS is not bound by this. The agreement will then not be concluded in accordance with this deviating acceptance, unless CWS indicates otherwise.

2.6 A composite quotation does not oblige CWS to perform part of the assignment against a corresponding part of the stated price.

2.7 Offers and quotations do not automatically apply to future assignments.

2.8 CWS cannot be held liable for the non-execution of an order due to force majeure, for example in the event of stock depletion or the absence of deliveries by the suppliers of CWS, the destruction of goods or the non-execution of orders due to

accidents, strikes, fire, floods etc. This list is not restrictive. CWS is not obliged to prove the unforeseeable nature of the circumstance that constitutes force majeure

2.9 In the event of unforeseen circumstances where CWS cannot carry out the assignment, CWS will arrange for replacement in the form of a fellow pastry chef, or an equivalent solution, to be agreed between the client and the service provider.

3. Prices

3.1 Prices are not increased within the duration of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases. 

3.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors.

 3.3 All prices on the site are in Euros and include 9% VAT. Unless explicitly indicated (21%)

4 Payment

4.1 When concluding the agreement for making patisserie, an advance payment of 25% of the offered amount will be made by the client. This amount must be paid within the specified period of 14 days after the invoice date, unless otherwise agreed in writing between the client and CWS. If the assignment takes place within 6 weeks, the total amount will be invoiced. The client receives a second invoice for the remainder approximately 1 month before the wedding / event. This amount must be paid within 14 days after the invoice date. Any objections to the amount of the invoices do not suspend the payment obligation.

4.2 If the remaining amount is not credited to CWS before the final date, the assignment cannot be carried out.

In the case of workshops & courses for individuals and companies: The total amount must be transferred upon assignment.

5. Data management

5.1 If you place an order with CWS, your data will be included in the customer base of CWS. CWS adheres to the Data Protection Act and will not provide your data to third parties. See our Privacy Policy.

5.2 CWS respects the privacy of the users of the website and ensures confidentiality of your personal information.

5.3 CWS uses a mailing list in some cases. Each mailing contains instructions to remove yourself from this list.

6 Promotional material

6.1 The client gives CWS permission to use the name of the client and the promotional material, such as photos and video material, for promotional purposes.

6.2 CWS can use promotional material for promotional purposes such as reference on website, a blog, exhibition material, etc.

6.3 The promotional material is only used for the CWS promotion program

7.Pictures and specifications

All images; photos, drawings, etc .; Data on weights, dimensions, colors, images of labels, etc. on the CWS internet sites are approximate only, are indicative and cannot give rise to compensation or termination of the agreement.

8. Force majeure

8.1 CWS is not liable if and insofar as its commitments cannot be met

fulfilled as a result of force majeure.

8.2 Force majeure means any strange cause, as well as any circumstance, which should not reasonably be at its risk. Delays in or non-performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and / or manufacturers of CWS as well as auxiliaries, illness of personnel, defects in aids or means of transport are expressly considered force majeure.

8.3 In the event of force majeure, CWS reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that implementation remains possible. In no case is CWS obliged to pay any fine or compensation.

8.4 If, upon the commencement of the force majeure, CWS has already partially fulfilled its obligations, or can only partially meet its obligations, it is entitled to separately invoice the deliverable part and / or the deliverable part and the buyer is obliged to pay this invoice as it concerned a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.

9. Liability

9.1 CWS is not liable for damage caused by incorrect use of the products. Read the instructions on the package and / or consult our website before use.

10. Retention of title

10.1 The property of all goods sold and delivered by CWS to the customer remains with CWS as long as the customer has not paid the claims of CWS under the agreement or earlier or later similar agreements, as long as the customer carries out the work performed or to be performed under this agreement. whether similar agreements have not yet been met and as long as the customer has not yet paid the claims of CWS for failing to fulfill such obligations, including claims regarding fines, interest and costs, all as referred to in article 3: 92 BW. 

10.2 The Goods supplied by CWS that are subject to retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.

10.3 The customer is not authorized to pledge the goods that are subject to the retention of title nor to encumber them in any other way.

10.4 The customer already gives unconditional and irrevocable permission to CWS or a third party to be appointed by CWS to, in all cases in which CWS wishes to exercise its ownership rights, to enter all those places where its property then z12.5 If third parties seize the goods delivered under retention of title or rights to establish or enforce, the buyer is obliged to inform CWS as soon as can reasonably be expected.

10.5 The buyer undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage as well as against theft and to give the policy of this insurance for inspection to CWS upon first request.

11 – Investigation, and complaints

11.1 Complaints must be submitted to CWS in writing and with sufficient motivation within five working days, after the date of the wedding, at the latest. The notice of default must contain as detailed a description as possible of the shortcoming, so that the user is able to respond adequately. Submitting complaints does not relieve the client of his obligation to pay invoices submitted to CWS in time.

11.2 CWS must be enabled immediately to check submitted claims. If the complaint is correct in its opinion, it will either pay fair compensation up to the invoice value of the products and / or services supplied, or replace the products and / or services supplied free of charge after they have been returned in their original condition. .

11.3 If a complaint is justified, the user will still perform the work as agreed, unless this has become demonstrably pointless for the client. The latter serves

be made known in writing by the client.

11.4 If the performance of the agreed work is no longer possible or useful, the user will only be liable within the limits of Article 9 liability.

12 – Termination and suspension of the agreement

12.1 CWS has the right at all times to refuse and / or terminate an agreement, or changes thereto, in the event that the assignment conflicts with any statutory or other governmental provision.

CWS also has the right to terminate / refuse an agreement if, in its opinion, the content may harm the interests and / or good name of its business.

12.2 If the safety is insufficiently guaranteed or in the event of improper use of the materials made available, CWS is entitled to deviate from the already concluded agreement at its own discretion or to dissolve it wholly or partially at the expense of the negligent party.

12.3 If the agreement is terminated prematurely by the client, CWS is entitled to compensation for the resulting loss of capacity utilization that can be made plausible, unless there are facts and circumstances underlying the cancellation that can be attributed to CWS. Furthermore, the client is then obliged to pay invoices for work performed up to then.

12.4 CWS is authorized to suspend the fulfillment of the obligations or to dissolve the agreement if the client does not or not fully comply with the obligations arising from the agreement and / or after the conclusion of the agreement CWS learns of circumstances give good grounds for fearing that the client will not fulfill the obligations and / or the client was asked at the conclusion of the agreement to provide security for the fulfillment of his obligations under the

about return and this certainty is insufficient or not forthcoming.

12.5 If the agreement is dissolved, the claims of CWS on the client are immediately claimable. If CWS suspends compliance with its obligations, it will retain its rights under the law and agreement.

12.6 CWS always retains the right to claim compensation.

12.7 If the client cancels an agreement in whole or in part, the costs incurred by CWS , including reimbursements to third parties, will be reimbursed in full by the client as a result of this cancellation. The cancellation costs are:

Up to and including fourteen days before the date of delivery, full cancellation is no longer possible. If, for whatever reason, cancellation occurs, we will charge the total amount as a cancellation fee.

From 15 days up to 30 days before the delivery date, 75% will be charged.

50% applies from one month to two months before the delivery date.

The deposit will be charged from two months before the start to seven days after placing an order.

The order may be canceled free of charge up to seven days after placing a final order. (This only applies if the date for which the order was placed falls outside the seven-day period.)

12.8 If the agreement is terminated prematurely by CWS, the user will arrange for the transfer of work still to be performed to third parties in consultation with the client, unless the termination is based on facts and circumstances that can be attributed to the client.

13. Extra 

13.1 CWS is aware of the privacy of the buyer and will discreetly deal with information regarding purchases at all times.

13.2 Hygiene is of paramount importance to CWS and will be carried out with great care at all times.

13.3 Cakeworks Studio cannot be held responsibledue to damage or abuse, caused during transport by the customer himself, such as temperature or falls.

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