General conditions

 ( for english see below)

General Terms and Conditions of Cakeworks Studio , located in Haarlem Version valid as of October 1, 2012.

Cakeworks Studio, hereinafter referred to as CWS.

Definitions

User: The user of the general terms and conditions means Cakeworks Studio , having its registered office in Haarlem, Korte Begijnestraat 31, 2011 HC. Registered in the trade register under KvK number 61977136 . VAT id no.

Client: Client is the person who has given the order to make a wedding cake, occasion cake or workshop , courses or in whose name CWS makes an order, or makes a reservation for it. Until a contract is concluded, the customer is also referred to as the applicant.

Supplier: Supplier means the person who, in the course of his/her business, offers/supplies goods and/or services of an order to be provided by CWS.

1. General

1.1 These General Conditions apply to all deliveries and offers of CWS. The conditions are accessible to everyone and included on the internet site of CWS ( http://www.cakeworks.nl).Upon request, we will send you a written copy.

1.2 By placing an order/reservation, you indicate your agreement with the terms and conditions of delivery and payment. 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 complies with the contract and meets the specifications stated in the offer.

Conclusion and content of contract
2.1 A contract will be concluded when the principal accepts an offer from CWS orally (or by telephone) or in writing (or by telefax). The principal will receive a written confirmation of the contract from CWS.

2.2 The first quotation issued is mutually without obligation, no rights can be derived from misprints, misprints and typographical errors as well as from mutilated quotations.

2.3 If CWS has received the order and has begun the execution and/or adaptation of a quotation, without a contract to order having yet been concluded, the applicant will owe all costs for preparation. Requests for specific ingredients, etageres, etc.

2.4 All terms mentioned on the Internet site are indicative. No rights can therefore be derived from the terms mentioned.

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

2.6 A composite quotation will not oblige CWS to perform part of the assignment at a corresponding part of the quoted price.

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

2.8 CWS cannot be held liable for non-performance of an order due to force majeure, such as exhaustion of stock or failure of CWS' suppliers to deliver, destruction of goods or non-performance of orders due to

accidents, strike, fire, flood, etc. This enumeration is not restrictive. CWS is not obliged to prove the unforeseeable nature of the circumstance constituting force majeure

2.9 CWS will provide replacement in the form of a fellow pastry chef , or an equivalent solution to be agreed upon between the client and service provider in the event of unforeseen circumstances where CWS is unable to perform the assignment.

3. Prijzen
3.1 Prijzen worden binnen de looptijd van de aanbieding niet verhoogd, tenzij wettelijke maatregelen dit noodzakelijk maken of indien de fabrikant tussentijdse prijsverhogingen doorvoert.
3.2 Alle prijzen op de site zijn onder voorbehoud van druk- en zetfouten. Voor de gevolgen van druk- en zetfouten wordt geen aansprakelijkheid aanvaard.
3.3 Alle prijzen op de site zijn in Euro`s en inclusief 9% BTW.( laag tarief) Tenzij uitdrukkelijk aangegeven (21% BTW , hoog tarief) 

4 Payment

4.1 Bij het afsluiten van de overeenkomst voor het maken van patisserie vindt er door de opdrachtgever een voorschot betaling plaats van € 300,00 van het geoffreerde bedrag. Dit bedrag dient te worden betaald binnen de daarvoor gestelde termijn van 14 dagen na de factuurdatum, tenzij schriftelijk tussen opdrachtgever en CWS anders is overeengekomen. In geval de opdracht binnen 6 weken plaatsvind wordt het totale bedrag gefactureerd De opdrachtgever ontvangt ca. 1 maand voor de bruiloft/het event een tweede factuur voor het restant. Dit bedrag dient uiterlijk binnen 14 dagen na de factuurdatum te worden voldaan, Eventuele bezwaren tegen de hoogte van de facturen schorten de betalingsverplichting niet op. 

4.2 Indien het restantbedrag niet uiterlijk twee weken voor het huwelijk  op rekening van CWS staat bijgeschreven kan er niet tot uitvoering van de opdracht worden overgegaan. 

In case of workshops & Courses for individuals and companies : The total amount should be remitted at the time of order.

5. Data management

5.1 If you place an order with CWS, your data will be included in CWS's customer database.CWS abides by the Personal Data Protection Act and will not provide your data to third parties. Please refer to our Privacy Policy.

5.2 CWS respects the privacy of the users of the Internet site and ensures confidential treatment of your personal data.

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

6 Promotional material

6.1 Client gives CWS permission to use Client's name and promotional materials, such as photo and video materials, for promotional purposes.

6.2 CWS may use promotional materials for promotional purposes such as reference on website, a blog, trade show materials, etc.

6.3 The promotional materials will be used only for the purpose of CWS's promotional program

7.Images and specifications

All illustrations; photographs, drawings, etc.; including data on weights, dimensions, colors, images of labels, etc. on the internet sites of CWS are approximate only, are indicative and cannot be a reason for compensation or dissolution of the contract.

8. Force majeure

8.1 CWS is not liable if and insofar as its commitments cannot be fulfilled due to force majeure.

8.2 Force majeure means any foreign cause, as well as any circumstance, which in all reasonableness should not be at its risk. Delays in or failure to perform by our suppliers, internet disruptions, electricity disruptions, e-mail traffic disruptions and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence on the part of suppliers and/or manufacturers of CWS as well as auxiliaries, sickness of personnel, defects in auxiliary or transport equipment will expressly be considered force majeure.

8.3 In case of force majeure, CWS reserves the right to suspend its obligations and is also entitled to rescind the contract in whole or in part, or to demand that the content of the contract be modified in such a way that performance remains possible. Under no circumstances will CWS be liable to pay any penalty or compensation.

8.4 If CWS has already partially fulfilled its obligations when force majeure arises, or can only partially fulfill its obligations, it will be entitled to invoice the part already delivered or the deliverable part separately, and the purchaser will be obliged to pay this invoice as if it were a separate contract. However, this does not apply if the part already delivered and/or deliverable part has no independent value.

9. Liability

9.1 CWS is not liable for damage caused by misuse of the products. Before use, please read the instructions on the packaging and/or consult our website.

10. Retention of title

10.1 Ownership of all the goods sold and delivered by CWS to the customer will remain with CWS as long as the customer has not paid the claims of CWS arising from the contract or previous or later similar agreements, as long as the customer has not paid the work performed or to be performed under these or similar agreements, and as long as the customer has not paid the claims of CWS for failure to fulfill such obligations, including claims in respect of fines, interest and costs, all as referred to in article 3:92 of the Dutch Civil Code. 10.2 The by

CWS delivered goods that are subject to retention of title may be resold only in the normal course of business and may never be used as a means of payment.

10.2 The customer is not authorized to pledge or otherwise encumber the items subject to retention of title.

10.3 The customer now unconditionally and irrevocably authorizes CWS or any third party appointed by CWS, in all cases in which CWS wishes to exercise its rights of ownership, to enter all those places where its property is located.

10.4 The customer undertakes to insure and keep insured the goods delivered under reservation of ownership against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection by CWS on first request.

11 - Inquiries, complaints and claims

11.1 Complaints must be submitted to CWS in writing and with sufficient grounds within five working days, after the date of the wedding that has taken place. The notice of default should contain as detailed a description of the shortcoming as possible, so that user is able to respond adequately. The submission of complaints does not release the client from his obligation to pay the CWS submitted invoices, in a timely manner.

11.2 CWS must immediately be given the opportunity to check any complaints submitted. If, in its opinion, the complaint is correct, it will, at its option, either pay fair compensation up to a maximum of the invoice value of the delivered products and/or services, or replace the delivered products and/or services free of charge after returning them in their original condition.

11.3 If a complaint is well-founded, the User will still perform the work as agreed, unless this has meanwhile become demonstrably pointless for the Principal. The latter

must be notified by the client in writing.

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

12 - Termination, termination and suspension of the agreement

12.1 CWS has at all times the right to refuse and/or terminate a contract, or amendments thereto, in case the assignment violates any statutory or other governmental provision.

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

12.2 If safety is insufficiently guaranteed or in case of improper use of the materials provided, CWS will be entitled to deviate from the contract already concluded at its own discretion, or to rescind it in whole or in part at the expense of the defaulting party.

12.3 If the contract is terminated prematurely by the principal, CWS will be entitled to compensation for the resulting and plausible loss of capacity utilization, unless the termination is based on facts and circumstances attributable to CWS. In addition, the principal will then be liable for payment of invoices for work performed up to that time.

12.4 CWS is authorized to suspend the fulfillment of the obligations or to dissolve the contract if the customer does not or not completely fulfill the obligations under the contract and/or after the conclusion of the contract CWS becomes aware of circumstances that give good grounds to fear that the customer will not fulfill the obligations and/or the customer was requested to provide security for the fulfillment of his obligations under the contract when the contract was concluded.

ove agreement and this assurance is insufficient or fails to materialize.

12.5 If the contract is dissolved, the claims of CWS on the principal will be immediately due and payable. If CWS suspends fulfillment of its obligations, it will retain its claims under the law and the contract.

12.6 CWS retains the right to claim damages at all times.

12.7 If the client cancels an agreement in whole or in part, the costs incurred by CWS Events, including fees to third parties, as a result of this cancellation will be reimbursed in full by the client. The cancellation costs are :Up to and including fourteen days before the date of delivery, complete cancellation is no longer possible. If, for whatever reason, we still cancel, we will charge the total amount as cancellation costs.
From fifteen days up to 30 days before the delivery date, 75% will be charged.
From one month up to two months before the delivery date, 50%. From two months before commencement to seven days after placing an order, the down payment will be charged. Up to seven days after placing a final order, the order may be cancelled free of charge. (This applies only if the date ordered for falls outside the seven-day period).

.

12.8 If the contract is terminated prematurely by CWS, the User will arrange, in consultation with the Principal, for the transfer of any work still to be performed to third parties, unless the termination is based on facts and circumstances attributable to the Principal.

13. Extra points

13.1 CWS is aware of the privacy of the purchaser and will at all times treat information regarding purchases with discretion.

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

13.3 Cakeworks Studio cannot be held responsible

due to damage or malpractice caused during transportation by the customer himself such as temperature or falling.

__________________________________________________________________ 

 ENGLISH

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 (or by fax). The client receives a written confirmation of the agreement from CWS.

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 € 300,00 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 Events, 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. Additional

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 responsible

due to damage or abuse, caused during transport by the customer himself, such as temperature or falls.