King of Exhibition Stands

General sales conditions

GENERAL TERMS AND CONDITIONS OF SALE

Definitions

  1. King of Exhibition Stands: Limehouse Amsterdam, established in Amsterdam under KvK no. 34239957.
  2. Customer: the person with whom The King of Exhibition Stands has entered into an agreement.
  3. Parties: The King of Exhibition Stands and customer together.
  4. Consumer: a customer who is also an individual acting as a private person.

Applicability of general terms and conditions

  1. These Terms and Conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of The King of Exhibition Stands.
  2. The parties may deviate from these terms and conditions only if they have expressly agreed to do so in writing.
  3. The parties expressly exclude the applicability of additional and/or different general terms and conditions of the customer or third parties.

Offers and quotations

  1. Offers and quotations of The King of Exhibition Stands are without obligation unless expressly stated otherwise therein.
  2. An offer or quotation is valid for a maximum of 2 weeks, unless another acceptance period is stated in the offer or quotation.
  3. If the customer does not accept an offer or quotation within the applicable time period, the offer or quotation shall lapse.
  4. Offers and quotations do not apply to repeat orders unless the parties have expressly agreed to this in writing.

Acceptance

  1. Upon acceptance of an offer or quotation without obligation, The King of Exhibition Stands reserves the right to withdraw the offer or quotation within 3 days of receipt of the acceptance, without the customer being able to derive any rights from this.
  2. Verbal acceptance by the customer only binds The King of Exhibition Stands after the customer has confirmed it in writing (or electronically).

Prices

  1. All prices used by The King of Exhibition Stands are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed upon otherwise.
  2. All prices charged by The King of Exhibition Stands for its products or services, on its website or otherwise made known, The King of Exhibition Stands may change at any time.
  3. Increases in the cost prices of products or parts thereof, which King of Exhibition Stands could not foresee at the time the offer was made or the contract was concluded, may result in price increases.
  4. The consumer has the right to dissolve an agreement due to a price increase as referred to in paragraph 3, unless the increase is due to a statutory regulation.
  5. The price related to a service is determined by The King of Exhibition Stands based on the actual hours spent.
  6. The price is calculated according to the usual hourly rates of The King of Exhibition Stands, valid for the period in which he performs the work, unless a different hourly rate has been agreed upon.
  7. If the parties have agreed on a total price for a service provided by The King of Exhibition Stands, this shall always be a guide price, unless the parties have expressly agreed in writing on a fixed price from which no deviation can be made.
  8. The King of Exhibition Stands is entitled to deviate up to 10% from the target price.
  9. If the target price is going to be more than 10% higher, The King of Exhibition Stands shall inform the customer in good time why a higher price is justified.
  10. If the guide price exceeds the guide price by more than 10%, the customer has the right to cancel the part of the order that exceeds the guide price plus 10%.
  11. The King of Exhibition Stands has the right to adjust prices annually.
  12. Prior to its entrance, The King of Exhibition Stands will communicate price adjustments to the customer.
  13. The consumer has the right to terminate the agreement with The King of Exhibition Stands if he does not agree with the price increase.

Payments and payment period

  1. The King of Exhibition Stands may require a down payment of up to 100% of the agreed amount when entering into the contract.
  2. The customer must have made payments in arrears within 13 days after delivery of the product.
  3. Payment terms are considered to be deadlines for payment. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment period, he is legally in default without the King of Exhibition Stands having to send the customer a reminder or give notice of default.
  4. The King of Exhibition Stands reserves the right to make a delivery conditional upon immediate payment or to require security for the total amount of the services or products.

Consequences of not paying on time

  1. If the customer does not pay within the agreed period, The King of Exhibition Stands is entitled to charge interest of 1% per month from the day the customer is in default, whereby part of a month is counted as a whole month.
  2. If the customer is in default, he shall also owe extrajudicial collection costs and any damages to The King of Exhibition Stands.
  3. Collection costs are calculated according to the Compensation for Extrajudicial Collection Costs Decree.
  4. If the customer fails to pay on time, The King of Exhibition Stands may suspend its obligations until the customer has fulfilled his payment obligation.
  5. In case of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of The King of Exhibition Stands against the customer are immediately due and payable.
  6. If the customer refuses to cooperate in the execution of the contract by King of Exhibition Stands, he is still obliged to pay the agreed price to King of Exhibition Stands.

Right of advertising

  1. As soon as the customer is in default, The King of Exhibition Stands shall be entitled to invoke the right of complaint with respect to the unpaid products delivered to the customer.
  2. The King of Exhibition Stands invokes the right of claim by written or electronic communication.
  3. As soon as the customer is informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to The King of Exhibition Stands, unless the parties make other agreements in this respect.
  4. The cost of retrieving or bringing back the products shall be borne by the customer.

Right of Withdrawal

  1. A consumer may cancel an online purchase during a 14-day cooling-off period without giving any reason provided that:
  • the product has not been used
  • it is not a product that can spoil quickly, such as food or flowers
  • it is not a product that has been customized or adapted specifically for the consumer
  • it is not a product that cannot be returned for hygiene reasons (underwear, swimwear, etc.).
  • the seal is still intact, if they are data carriers with digital content (DVDs, CDs, etc.)
  • the product is not a trip, transportation ticket, catering order or form of leisure activity
  • the product is not a loose magazine or loose newspaper
  • It does not involve (order for) emergency repair
  • the consumer has not waived his right of withdrawal
  1. The 14-day cooling-off period mentioned in paragraph 1 begins:
    • on the day after the consumer receives the last product or part of 1 order
    • once the consumer has received the first product with a subscription
    • once the consumer has acquired a service for the first time
    • once the consumer has confirmed that he will purchase digital content over the Internet
  2. The consumer may exercise his right of withdrawal at service@destandbouwkoning.previewsecure.com, if desired using the withdrawal form that can be downloaded from the King of Exhibition Stands website, https://destandbouwkoning.nl/.
  3. The consumer is obliged to return the product to The King of Exhibition Stands within 14 days after having expressed his right of withdrawal, failing which his right of withdrawal lapses.
  4. Return costs will only be borne by The King of Exhibition Stands if the entire order is returned.
  5. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement under the law, The King of Exhibition Stands will refund these costs to the consumer within 14 days of receiving the timely appeal to the right of withdrawal, provided that the consumer has returned the product to The King of Exhibition Stands in a timely manner.

 

Suspension right

Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.

Lien

  1. The King of Exhibition Stands may invoke its right of retention and in that case retain products of the customer until the customer has paid all outstanding invoices to The King of Exhibition Stands, unless the customer has provided sufficient security for those costs.
  2. The lien also applies by virtue of previous agreements from which the customer still owes payments to The King of Exhibition Stands.
  3. The King of Exhibition Stands shall never be liable for any damages that the customer may suffer as a result of exercising his lien.

Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt to The King of Exhibition Stands against a claim against The King of Exhibition Stands.

Retention of title

  1. King of Exhibition Stands remains the owner of all products delivered until the customer has fully fulfilled all his payment obligations to King of Exhibition Stands on the basis of whatever contract entered into with King of Exhibition Stands, including claims for failure to perform.
  2. Until such time, The King of Exhibition Stands may invoke its retention of title and repossess the goods.
  3. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
  4. If The King of Exhibition Stands invokes its retention of title, the contract is deemed to be dissolved and The King of Exhibition Stands has the right to claim damages, lost profits and interest.

Delivery

  1. Delivery will take place while supplies last.
  2. Delivery shall take place at King of Exhibition Stands, unless the parties have agreed otherwise.
  3. Delivery of products ordered online is made to the address specified by the customer.
  4. If the agreed amounts are not paid or not paid on time, King of Exhibition Stands has the right to suspend its obligations until the agreed part is still paid.
  5. Late payment constitutes creditor default, with the result that the customer cannot hold a late delivery against The King of Exhibition Stands.

Delivery time

  1. The delivery times given by King of Exhibition Stands are indicative and if exceeded do not entitle the customer to rescission or compensation, unless the parties have expressly agreed otherwise in writing.
  2. The delivery period shall commence after the quotation to King of Exhibition Stands, signed for approval by the customer, has been confirmed in writing or electronically by King of Exhibition Stands to the customer.
  3. Exceeding the specified delivery time does not give the customer the right to compensation or the right to dissolve the contract, unless The King of Exhibition Stands is unable to deliver within 14 days after a written reminder to do so or the parties have agreed otherwise in this regard.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in a timely manner.

Transportation costs

Transportation costs shall be borne by the customer unless the parties have agreed otherwise.

Packaging and shipping

  1. If the packaging of a delivered product has been opened or damaged, the customer must, before taking receipt of the product, have a note made of this by the forwarder or delivery person, failing which King of Exhibition Stands cannot be held liable for any damage.
  2. If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to King of Exhibition Stands prior to transport, failing which King of Exhibition Stands cannot be held liable for any damage.

Insurance

  1. The customer undertakes to adequately insure and keep insured the following items against, among other things, fire, explosion and water damage as well as theft:
    • delivered items necessary for the performance of the underlying contract
    • items from The King of Exhibition Stands present at the customer’s premises
    • goods delivered under retention of title
  2. The customer shall make the policy of such insurance available for inspection at the first request of The King of Exhibition Stands.
  3. Unless the parties have expressly agreed, the customer shall be required to take out CAR insurance at its own expense and the customer shall not be entitled to compensation for any damages that would otherwise be covered by such insurance.

Retention

  1. If the customer does not take delivery of ordered products until later than the agreed delivery date, the risk of any loss of quality shall be borne entirely by the customer.
  2. Any additional costs resulting from premature or late purchase of products will be borne entirely by the customer.

Assembly/Installation

Although King of Exhibition Stands makes every effort to perform all assembly and/or installation work to the best of its ability, it bears no responsibility for this except in the case of intentional or gross negligence.

Warranty

  1. If the parties have entered into an agreement with a service character, it contains for King of Exhibition Stands only obligations of effort, not obligations of result.
  2. The warranty with respect to products applies only to defects caused by faulty manufacture, construction or material.
  3. The warranty does not apply in the case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
  4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the time they are legally and/or actually delivered, or at least come into the control of the customer or of a third party who takes delivery of the product on behalf of the customer.

Execution of the agreement

  1. The King of Exhibition Stands shall perform the contract to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
  2. The King of Exhibition Stands has the right to have the agreed services (partially) performed by third parties.
  3. The execution of the agreement shall be by mutual agreement and after written agreement and payment of any agreed advance by the client.
  4. It is the responsibility of the customer that The King of Exhibition Stands can begin the execution of the contract in a timely manner.
  5. If the customer has not ensured that The King of Exhibition Stands can begin the performance of the contract in a timely manner, the resulting extra costs and/or extra hours shall be borne by the customer.

Client disclosure

  1. The customer shall make all information, data and documents relevant for the correct execution of the contract available to The King of Exhibition Stands in a timely manner and in the desired form and manner.
  2. The customer guarantees the accuracy, completeness and reliability of the information, data and documents provided, even if they originate from third parties, insofar as the nature of the agreement does not dictate otherwise.
  3. If and to the extent requested by the customer, The King of Exhibition Stands will return the relevant documents.
  4. If the customer does not, does not timely or does not properly provide the information, data or documents reasonably required by De Standbouw Koning and the execution of the contract is thereby delayed, the resulting extra costs and extra hours shall be borne by the customer.

Duration of the agreement

  1. The contract between The King of Exhibition Stands and the customer is entered into for the duration of 12Months, unless something else arises from the nature of the contract or the parties have expressly agreed otherwise in writing.
  2. If an agreement is entered into for a definite period, then after the expiration of the term it is tacitly converted into an agreement for an indefinite period, unless 1 of the parties terminates the agreement with due observance of a notice period of month(s), c.q. a consumer terminates the agreement with due observance of a notice period of 1 month then the agreement ends by operation of law.
  3. If within the term of the contract the parties have agreed upon a period for the completion of certain work, this is never a deadline. If this period is exceeded, the customer must give The King of Exhibition Stands written notice of default.

Intellectual property

  1. The King of Exhibition Stands retains all intellectual property rights (including copyright, patent rights, trademark rights, design rights, etc.) in all designs, drawings, writings, carriers containing data or other information, quotations, images, sketches, models, models, etc., unless the parties have agreed otherwise in writing.
  2. The customer may not copy, show and/or make available to third parties or use in any other way the said intellectual property rights without the prior written consent of The King of Exhibition Stands.

Secrecy

  1. The customer shall keep confidential any information received (in any form) from The King of Exhibition Stands.
  2. The same applies to any other information concerning The King of Exhibition Stands which he knows or can reasonably suspect to be secret or confidential, or of which he can expect that its dissemination may harm The King of Exhibition Stands.
  3. The customer shall take all necessary measures to ensure that he also keeps the information mentioned in paragraphs 1 and 2 confidential.
  4. The duty of confidentiality described in this article does not apply to information:
    • that was already in the public domain before the customer learned of it or that subsequently became public without being the result of a breach of the customer’s confidentiality obligation
    • disclosed by the customer pursuant to a legal duty
  5. The obligation of confidentiality described in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiration.

Penalty clause

  1. If the customer violates the article of these General Terms and Conditions on confidentiality or on intellectual property, he forfeits for the benefit of King of Exhibition Stands an immediately payable fine of € 5,000 for each violation and, in addition, an amount of 5% of the above-mentioned amount for each day that such violation continues.
  2. Forfeiture of this penalty does not require prior notice of default or court proceedings. Nor does it require any form of damages.
  3. The forfeiture of the penalty referred to in the first paragraph of this article does not affect the other rights of The King of Exhibition Stands including its right to claim damages in addition to the penalty.

Indemnification

The customer indemnifies The King of Exhibition Stands against all third party claims related to the products and/or services provided by The King of Exhibition Stands.

Complaints

  1. The customer shall examine a product supplied or service rendered by The King of Exhibition Stands for any deficiencies as soon as possible.
  2. If a product delivered or service rendered does not meet what the customer could reasonably expect from the contract, the customer must inform The King of Exhibition Stands of this as soon as possible, but in any case within 1 month of discovering the shortcomings.
  3. Consumers must notify The King of Exhibition Stands no later than 2 months after discovering the deficiencies.
  4. The customer shall provide as detailed a description of the shortcoming as possible, so that King of Exhibition Stands is able to respond adequately.
  5. The customer must show that the complaint relates to an agreement between the parties.
  6. If a complaint relates to work in progress, this cannot in any case result in King of Exhibition Stands being held to perform work other than that agreed upon.

Notice of default

  1. The customer must give notice of default in writing to The King of Exhibition Stands.
  2. It is the responsibility of the customer that a notice of default actually reaches King of Exhibition Stands (in a timely manner).

Joint and several liability customer

If The King of Exhibition Stands enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts owed to The King of Exhibition Stands under that agreement.

Liability The King of Exhibition Stands

  1. The King of Exhibition Stands is only liable for any damage suffered by the customer if and insofar as such damage was caused by intentional or deliberate recklessness.
  2. If The King of Exhibition Stands is liable for any damages, it shall only be liable for direct damages arising out of or in connection with the performance of an agreement.
  3. The King of Exhibition Stands is never liable for indirect damages, such as consequential damages, lost profits, missed savings or damages to third parties.
  4. If King of Exhibition Stands is liable, such liability shall be limited to the amount paid out by a (professional) liability insurance policy taken out, and in the absence of (full) payment by an insurance company of the amount of damages, the liability shall be limited to the (part of the) invoice amount to which the liability relates.
  5. All illustrations, photographs, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot be grounds for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Due date

Any right of the customer to compensation from The King of Exhibition Stands expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of article 6:89 of the Dutch Civil Code.

Right of rescission

  1. The customer has the right to terminate the contract if The King of Exhibition Stands imputably fails to fulfill its obligations, unless such failure, given its special nature or minor importance, does not justify termination.
  2. If the fulfillment of the obligations by The King of Exhibition Stands is not permanently or temporarily impossible, then dissolution can only take place after The King of Exhibition Stands is in default.
  3. The King of Exhibition Stands has the right to dissolve the contract with the customer if the customer does not fulfill his obligations under the contract in full or in a timely manner, or if The King of Exhibition Stands has knowledge of circumstances that give him good reason to fear that the customer will not be able to fulfill his obligations properly.

Force majeure

  1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming of The King of Exhibition Stands in the fulfillment of any obligation towards the customer cannot be attributed to The King of Exhibition Stands in a situation independent of the will of The King of Exhibition Stands, as a result of which the fulfillment of his obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of his obligations cannot reasonably be required of The King of Exhibition Stands.
  2. The force majeure situation mentioned in paragraph 1 also includes – but is not limited to – the following: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, delivery companies or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather conditions and work interruptions.
  3. If a force majeure situation arises as a result of which The King of Exhibition Stands is unable to fulfill 1 or more obligations to the customer, those obligations will be suspended until The King of Exhibition Stands is able to fulfill them again.
  4. From the moment a force majeure situation has lasted for at least 30 calendar days, both parties may rescind the agreement in writing in whole or in part.
  5. In a force majeure situation, the King of Exhibition Stands shall not owe any compensation or damages, even if it enjoys any advantage as a result of the force majeure situation.

Modification of general terms and conditions

  1. The King of Exhibition Stands is entitled to amend or supplement these General Terms and Conditions.
  2. Changes of minor importance may be made at any time.
  3. Major substantive changes will be discussed by The King of Exhibition Stands with the customer in advance whenever possible.
  4. Consumers are entitled to terminate the contract in the event of a material change in the general terms and conditions.

Transfer of Rights

  1. Rights of the customer from an agreement between parties cannot be transferred to third parties without the prior written consent of The King of Exhibition Stands.
  2. This provision counts as a clause with property law effect as referred to in Article 3:83, paragraph 2, Civil Code.

Consequences of nullity or voidability

  1. Should one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the remaining provisions of these terms and conditions.
  2. A provision that is void or voidable shall in such case be replaced by a provision that comes closest to what The King of Exhibition Stands had in mind when drafting the terms and conditions on that point.

Applicable law and competent court

  1. Any agreement between the parties shall be governed exclusively by the laws of the Netherlands.
  2. The Dutch court in the district where King of Exhibition Stands has its registered office/ practice/ office is exclusively competent to take cognizance of any disputes between parties, unless the law imperatively prescribes otherwise.

Retrieved January 01, 2019.