General terms & conditions

General and special conditions

From: HAHA ENTERTAINMENT
Address: Leeuwstraat 72
5408 PL Volkel
Tel: 0413 272712

Registered at the Amsterdam Chamber of Commerce under number: 33291401
O.B. Number: 805774269B01

Article 1: Definitions

In these general terms and conditions, the following terms are used with the following meaning, unless explicitly stated otherwise;
User: HaHa Entertainment, the user of the general terms and conditions;
Counterparty: the tenant, or buyer, or client;
Agreement: the agreement between the user and the tenant / buyer / client;

Article 2 General

2.1 The provisions of these general terms and conditions apply to every offer, quotation and agreement between the user and the other party to which the user has declared these terms and conditions applicable, insofar as the parties have not deviated from these terms and conditions expressly and in writing;
2.2 The applicability of general terms and conditions of the other party is explicitly excluded, unless the parties have agreed otherwise in writing. If the general terms and conditions of the parties apply simultaneously, in the event that provisions in the general terms and conditions of the user and the other party are in conflict, the provisions in the general terms and conditions of the user shall prevail;
2.3 If one or more provisions in these general terms and conditions are null and void or should be annulled, the other provisions of these general terms and conditions will remain applicable. User and other party will agree on new provisions to replace the invalid or voided provisions, whereby the purpose and purport of the original provisions are observed.
2.4 These general terms and conditions apply, unless the special terms and conditions deviate from the general terms and conditions.

Article 3 Offers, quotations and agreements

3.1 All offers, in whatever form, are without obligation, unless a term for acceptance is stated in the offer;
3.2 Agreements to which the user is a party first apply as concluded:
a) upon signature by both parties of an agreement drawn up for this purpose, from the date of signature, or;
b) after receipt and approval of the written acceptance by the other party of an offer made by the user;
3.3 If the other party concludes the agreement on behalf of or at the expense of another natural person and / or legal entity, it declares - by signing the contract - that it is authorized to do so. In addition to this (legal) person, the Other Party is jointly and severally liable for all obligations arising from that agreement;
3.4 Delivery times in the user's quotations are indicative and do not entitle the other party to dissolution or compensation if they are exceeded, unless explicitly agreed otherwise;
3.5 The prices in the aforementioned offers and quotations are in euros exclusive of VAT and other government levies, as well as exclusive of transport costs, unless explicitly stated otherwise;
3.6 If the acceptance deviates from the offer included in the quotation, the user is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless the user indicates otherwise;
3.7 User reserves the right to refuse orders without stating reasons;
3.8 User reserves the right not to make items available without payment in advance;
3.9 A composite quotation does not oblige the user to comply with part of that stated in the offer or quotation against a corresponding part of the stated price;
3.10 Offers or quotations do not apply to follow-up orders;
3.11 All offers are accompanied by a copy of these general terms and conditions;
3.12 If the quotation is not accepted, the user is entitled to charge the costs involved in producing it to the person at whose request he has submitted the quotation, if this was stipulated before the quotation was submitted.

Article 4 Cancellation

If, after an agreement has been concluded, the other party wishes to cancel it, 10% of the order price (including user for full compensation, including lost profit and without prejudice to the provisions in the special conditions; VAT) will be charged as cancellation costs, without prejudice to the right from

Article 5 Suspension and termination

5.1 User is authorized to suspend compliance with the obligations or to dissolve the agreement if:
- the other party does not or not fully comply with the obligations under the agreement;
- became aware of the user after the conclusion of the agreement
circumstances give good reason to fear that the other party will not fulfill its obligations;
- there is good reason to fear that the other party will only partially or improperly fulfill its obligations, suspension is only permitted insofar as the shortcoming justifies this;
- when the contract was concluded, the client was requested to provide security for the fulfillment of his obligations under the contract and this security is not provided or insufficient. As soon as security has been provided, the authority to suspend will lapse, unless this fulfillment is unreasonably delayed as a result; 5.2 Furthermore, the user is authorized to dissolve the agreement or have it dissolved if circumstances arise of such a nature that fulfillment of the agreement is impossible or, according to the standards of reasonableness and fairness, can no longer be required or if circumstances arise in a different manner. nature that unaltered maintenance of the agreement cannot reasonably be expected;
5.3 If the agreement is dissolved, the user's claims against the buyer / tenant are immediately due and payable. If the user suspends the fulfillment of the obligations, he retains his rights under the law and agreement;
5.4 The User always reserves the right to claim compensation.

Article 6 Force majeure

6.1 The parties are not obliged to fulfill any obligation if they are prevented from doing so as a result of a circumstance that is not attributable to fault, and is not accountable for by law, a legal act or generally accepted beliefs;
6.2 In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard in law and jurisprudence, all external causes, foreseen or unforeseen, on which the user cannot influence, but as a result of which the user is unable to fulfill his obligations. come. This includes strikes in the company of the user;
6.3 User also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after the user should have fulfilled his obligation;
6.4 During the period that the force majeure continues, the parties can suspend the obligations under the agreement. If this period lasts longer than two months, each of the parties is entitled to dissolve the agreement, without any obligation to pay damages to the other party;
6.5 Insofar as user at the time of the commencement of force majeure has meanwhile partially fulfilled his obligations under the agreement or will be able to fulfill them and the part that has been fulfilled or to be fulfilled respectively has independent value, the user is entitled to withdraw the part already fulfilled or to be fulfilled respectively. to be invoiced separately. The other party is obliged to pay this invoice as if it were a separate agreement;

Article 7 Transport, risk

If and insofar as the lessor / seller undertakes the transport, shipment or the like, the manner thereof, if no further instructions have been provided by the tenant / buyer to the lessor / seller, will be determined by the lessor / seller. Unless otherwise agreed, the hirer / buyer assumes all risk, including the fault / negligence of the carrier;

Article 8 Payment

8.1 Payment must be made within 14 days of the invoice date, in a manner to be indicated by the user in the currency in which the invoice was made. Objections to the amount of the invoices do not suspend the payment obligation;
8.2 If the other party fails to pay within the period of 14 days, the other party will be in default by operation of law. The other party will then owe interest of 1% per month or part thereof, unless the statutory interest or the statutory commercial interest (after 30 days) is higher, in which case the highest interest will apply. The interest on the due amount will be calculated from the moment that the other party is in default until the moment the full amount is paid;
8.3 In the event of liquidation, bankruptcy, admission to debt rescheduling pursuant to the Natural Persons Debt Rescheduling Act, seizure or suspension of payments of the other party, the user's claims against the other party are immediately due and payable;
8.4 Payments serve in the first place to reduce the costs, then to reduce the interest that has become due and finally to reduce the principal sum and the current interest.

Article 9 Collection costs

9.1 If the other party is in default or omission in the (timely) fulfillment of its obligations, all reasonable costs incurred in obtaining settlement out of court will be for its account. In any case, the other party will owe collection costs in the event of a monetary claim. The collection costs are calculated in accordance with the collection rate as recommended by the Dutch Bar Association in collection cases;
9.2 If the user has incurred higher costs, which were reasonably necessary, these also qualify for reimbursement;
9.3 Any reasonable judicial and execution costs incurred will also be borne by the other party.

Article 10 Intellectual property and copyrights

10.1 Without prejudice to the other provisions of these general terms and conditions, the user reserves the rights and authorities that accrue to the user on the basis of the Copyright Act;
10.2 All documents provided by the user, such as reports, advice, agreements, designs, sketches, drawings, software, etc., are exclusively intended for use by the client and may not be reproduced, made public by him without the prior consent of the user. or brought to the attention of third parties, unless the nature of the documents provided dictates otherwise;
10.3 User reserves the right to use the knowledge gained through the performance of the work for other purposes, insofar as no confidential information is disclosed to third parties;
Final provisions of general and special conditions

Disputes

All disputes arising from or related to the agreement to which these terms and conditions apply will be settled by the competent civil court in the user's place of business. Nevertheless, the user has the right to submit the dispute to the competent court according to the law.

Applicable law

All our offers, agreements and the implementation thereof are exclusively governed by Dutch law.