HOUSE RULES OF MUARIBEIRO ( 5th November, 2018 )
Mua Ribeiro is located in Haarlem. The General Terms and Conditions listed below apply to all transactions between Mua Ribeiro and its clients.
ARTICLE 1: GENERAL
1.1 These general terms and conditions apply to all quotations, offers and transactions between Mua Ribeiro and its clients. Mua Ribeiro does not accept general terms and conditions of another party unless otherwise agreed in writing.
1.2 If one or more provisions in these general terms and conditions are void or may be nullified, the other provisions of these general terms and conditions remain fully applicable.
1.3 The provisions of these general conditions can only and only be deviated from if and insofar as expressly agreed in writing.
1.4 The Client accepts the applicability of these general terms and conditions, at the time of booking and / or booking a service and / or product of Mua Ribeiro.
1.5 The client ensures that all data that may reasonably be of importance for the proper execution of the assignment is made known to Mua Ribeiro in time.
ARTICLE 2: RATES
2.1 All rates and prices are exclusive of 21% VAT.
2.2 Mua Ribeiro an be hired for a specific service where the rate for this service applies or for a certain amount of hours. Mua Ribeiro is booked in this case per half day or whole day. Half a day is based on booking up to 4 consecutive working hours and a whole day on a booking up to 8 consecutive working hours.
2.3 The first hour that has been exceeded in accordance with the contract will be booked as overtime and invoiced as a standard hourly rate of 50 euro ex. VAT. Any additional overtime will also be based on the standard hourly rate.
ARTICLE 3: TRAVEL ALLOWANCE
3.1 The travel costs incurred by Mua Ribeiro for its work are for the account of the client and are based on a kilometer compensation of € 0.20 per kilometer from Haarlem. By using the public transport the full price of the ticket will be charged.
3.2 Travel expenses for work abroad are also complete for the client's account, including any costs for overnight stays in a hotel, food and drink unless agreed otherwise by the client and Mua Ribeiro.
ARTICLE 4: PAYMENT SERVICES AND PRODUCTS
4.1 Payment of the invoice amount must take place within 14 working days after the invoice date.
4.2 If the payment term is exceeded, the client is legally in default and the statutory interest is payable on the entire invoice amount, commencing on the date of payment of the amount to be paid.
4.3 All judicial and extrajudicial costs that Mua Ribeiro must incur in order to collect the amount owed to it by the client shall be at the expense of the client.
4.4 Details of the client will not be passed on to third parties and will only be used by and for Mua Ribeiro.
ARTICLE 5: ESTABLISHMENT OF BOOKING
5.1 A booking / appointment is concluded at the time that the client accepts an offer of Mua Ribeiro verbally, by telephone, in writing or digitally and is only confirmed when the date, location and time have been agreed and the booking has been confirmed in writing.
5.2 The Client acknowledges having taken note of and approving the general terms and conditions of Mua Ribeiro before making a booking.
5.3 The first quotation is mutually free of obligation. No rights can be derived from printing errors, typographical errors and misprints as well as mutilated offers.
5.4 An offer has a validity of 28 days unless expressly stated otherwise.
5.5 Offers and quotations do not automatically apply to future assignments.
ARTICLE 6: FREE WORK ( TFP )
6.1 In principle, Mua Ribeiro only cooperates in free work assignments if these are an addition to its portfolio and / or network.
6.2 The results that resulted from free work assignments to which Mua Ribeiro has cooperated, may only be used for commercial purposes and / or publication with the permission of Mua Ribeiro.
6.3 When publication or (online) placement and publication of the free work assignments to which Mua Ribeiro has cooperated, Mua Ribeiro must be mentioned in the credits.
6.4 In case of booking for a paid assignment on the date of the free work assignment, Mua Ribeiro can at all times cancel the free work assignment in whole or in part.
ARTICLE 7: FORCE MAJEURE
7.1 In the event of force majeure including illness, Mua Ribeiro can cancel the assignment partially or entirely at all times. Invoicing is adjusted accordingly.
7.2 In case of force majeure, Mua Ribeiro will, in consultation with the client, devote itself to finding a colleague who can possibly take over the assignment. However, a warranty for availability can never be given.
7.3 In case of force majeure, the client can not appeal to Mua Ribeiro for compensation.
ARTICLE 8: CANCELLATION OF THE AGREEMENT
8.1 If the client cancels an agreement in whole or in part, the costs incurred by Mua Ribeiro including the reimbursements to third parties, will be reimbursed in full by the client as a result of this cancellation.
8.2 Purchased orders can be canceled free of charge by the client up to the 5th day before the order. Advance payments already made will be refunded.
8.3 If an order is canceled, the client owes the following cancellation costs of the invoice amount:
a) If canceled less than 5 days to 24 hours before the assignment 50%. b) If canceled less than 24 hours before the order 75%.
8.4 If the client clearly indicates in his booking that this only applies under the condition that the weather is good (otherwise 'nice weather booking'), such a booking can be submitted, provided 12 hours before commencement of the order, once canceled free of charge. In case of a second cancellation of the same booking, 50% of the invoice amount will be charged.
ARTICLE 9: LIABILITY OF DAMAGE
9.1 Mua Ribeiro will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
9.2 Mua Ribeiro is not liable for damage, of whatever nature, caused by Mua Ribeiro assuming incorrect and / or incomplete information provided by the client.
9.3 Complaints must be submitted in writing and sufficiently motivated to Mua Ribeiro no later than within 2 working days after the execution of the assignment.
9.4 Mua Ribeiro excludes all liability, and rejects possible damage claims, both directly and indirectly, arising out of circumstances that are not due to intent or gross negligence of Mua Ribeiro and those which are in accordance with Dutch law or applicable standards can not be attributed to Mua Ribeiro.
9.5 For damages, only the damage against which Mua Ribeiro is insured and which is reimbursed by the insurer is eligible. Non-recoverable consequential damages, trading loss and non-material damage.
ARTICLE 10: MODIFICATION AND LOCATION OF THESE CONDITIONS
10.1 These general conditions can be found on the website of Mua Ribeiro, namely www.muaribeiro.nl
10.2 Applicable is always the latest version or the version that applied at the time of the conclusion of the agreement.
ARTICLE 11: FINAL PROVISIONS
11.1 Dutch law applies to these general terms and conditions and to every agreement between the client and Mua Ribeiro.
11.2 All disputes that may arise as a result of an agreement between Mua Ribeiro and the client or any agreement that may result therefrom, will only be settled by the Dutch court.
11.3 Parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.