Article 1. General provisions
1. These terms and conditions apply to all offers, agreements and all ensuing actions between Experience Republic, Mobile Exitroom, Mobile Exitroom, Branded Booths and Exitroom Deurne hereinafter: Experience Republic and you, the customer.
2. Your terms and conditions explicitly do not apply.
3. If a provision in these terms and conditions is invalid or is annulled, then remain the other provisions are valid. You must agree to new provisions. These will correspond as much as possible to the old void or voided provisions.
4. The provisions of the agreement take precedence if they conflict with the provisions of this Terms and Conditions.
Article 2. When is there an agreement?
1. All offers from Experience Republic are without obligation and are valid for 14 days, unless in the quote something else. The offer is based on the information you provide. If it appears that this information is incorrect, Experience Republic may adjust the offer and the costs will be for your account. Sizes, weights, images, drawings, technical and / or chemical specifications, type, quantity, composition and quality included in the offer are approximate.
2. If you agree with an offer, you will receive a written order confirmation from Experience Republic. This must be signed and returned to Experience Republic within 7 days of receipt. The agreement is established after written confirmation or because the work is actually commenced by Experience Republic.
3. If a change to the agreement leads to higher costs, Experience Republic may pass this on to you. 4. You cannot derive any rights from previous offers made by Experience Republic or Commercial material.
Article 3. How does the delivery work?
1. Experience Republic will deliver every performance as agreed in writing and may use third parties for this.
2. The agreed delivery period is not a strict deadline. The delivery period starts the moment that the agreement is concluded, provided that all necessary information has been received and possibly desired payment security has been given.
3. The risk of the products passes from Experience Republic to you, at the moment the products in your actual power or those of your assistant.
4. The products supplied will be delivered to you by Experience Republic
address provided. You must ensure that the warehouses where Experience Republic de must deliver products unobstructed and accessible without risk.
5. You must purchase the products as soon as they are delivered to you. If you need the decrease refuses or provides insufficient information that is necessary for the delivery, then the products will be stored for your risk by Experience Republic. You owe the additional costs, including at least the storage costs.
6. The delivery of the products takes place as agreed on the offer. Experience Republic may deliver a divisible order in two or more parts.
7. The costs of delivery, including packaging, transport and transport insurance are for your account. These costs are included in the quotation that you have received from Experience Republic. When it comes to placement within the region, a fixed price is agreed. For a placement outside the region, a single-kilometer fee of € 0.45 per kilometer will be charged on top of the fixed price.
8. The prices apply when it comes to delivery within regular opening hours. In the case of strongly different opening times or delivery at a different time, the price of delivery will be agreed in consultation. Delivery on the weekend does not in principle entail an additional price.
9. Materials required for carrying out the delivery, including pallets and all types of packaging, remain the property of Experience Republic at all times.
Article 4. What can you expect from Experience Republic?
1. Experience Republic will do its work to the best of its knowledge, experience and science, perform carefully. Experience Republic will look after your interests to the best of its ability. Experience Republic has a best efforts obligation.
2. Experience Republic will treat all your data confidentially, insofar as Experience Republic should know that it is confidential data.
Article 5. What are your obligations?
1. You must have all the information that Experience Republic needs to properly perform its work to be able to hand it over to Experience Republic on time and in full. You are for it
responsible that this information is correct.
2. If there is a delay in the performance of the agreement, and this delay is attributable to you, all costs and damages that result from this will be for your account and risk.
3. If you timely report that the rented or delivered products do not comply with the agreement
, Experience Republic will carry out the necessary repairs as quickly as possible. If the products do not meet the agreement but this is a result of you having acted contrary to the agreement, the costs of this repair will be charged to you.
4. You are obliged to inspect and check the delivered products immediately upon receipt. Any objections, defects or defects must be reported immediately (within two days) to Experience Republic in writing. Without this notification, the products in question are deemed to have been delivered without damage, defects or defects and it is assumed that Experience Republic delivered in accordance with the agreement.
5. Complaints regarding defects and / or defects that are not immediately visible must be reported to Experience Republic in writing immediately (within two days) after discovery so that Experience Republic is able to investigate the complaint and make repairs if necessary.
Article 6. What are the costs of the products / services of Experience Republic?
1. The costs to be paid by you are laid down in euros in the agreement.
2. All costs are exclusive of VAT.
3. Experience Republic has the right to change the price in connection with the contract period with price developments. This includes, among other things: changes in taxes, levies, wages, social security charges, exchange rates, energy prices or other circumstances that entail an increase in the costs for Experience Republic. Changes take effect within one month of being announced. Do you disagree with changing the costs? Then within eight days after the announcement of the change, you can cancel the agreement with Experience Republic in writing against the date on which the change in question takes effect.
4. If you have not yet met all your (payment) obligations under the agreement, Experience Republic may postpone its obligations until you have met all your (payment) obligations.
Article 7. How do you pay for Experience Republic products?
1. Experience Republic will send an invoice directly to you, you must do this within 14 days meet the invoice date.
2. When Experience Republic delivers in parts, each part may become separate billed.
3. For professional parties, if you do not pay within the agreed period, you
immediately in default and after the due date of the invoice, interest is due. This interest will be the same as the statutory commercial interest. You must also pay all (extra) judicial collection costs of Experience Republic. These costs amount to at least 15% of the principal with a minimum of € 150.00.
4. Experience Republic has the right to demand security from you for the fulfillment of your (payment) obligations. Experience Republic is also authorized to change the payment conditions if it is of the opinion that your financial position or your payment behavior gives cause for this.
5. Do you have an objection to the invoice? Then you must inform Experience Republic in writing within 14 days of the invoice date. If you do not do this, the invoiced amount will be recognized.
Article 8. When and how does the agreement end?
1. The agreement is entered into for the duration as included in the agreement.
2. Both parties have the option to cancel the agreement in writing. This is only possible at the end of the contract period or, if the contract has been entered into for an indefinite period, with a notice period of one month.
3. If you cancel the agreement, you must reimburse the costs that must be incurred by Experience Republic as a result.
4. Experience Republic may immediately, without prior notice to you, suspend or fully or partially dissolve the performance of the agreement if:
a. You do not (timely) fulfill your obligations under the agreement and / or refuse to provide payment security;
b. there is of bankruptcy, (provisional) suspension of payment, receivership, debt restructuring or shutdown, liquidation or full or partial transfer of your company or death.
Experience Republic then does not have to pay compensation to you and it also has the right to claim compensation and / or payment itself. If one of these circumstances occurs, you will be in default immediately.
5. Experience Republic has the right to continue to execute the agreement.
Article 9. Use, return and restore original condition
1. You will only use the items leased or made available to you for the
agreed destination and in accordance with the experience provided by Experience Republic operating, safety instructions and instructions.
2. You will handle the rented or made available items with extreme care and
prevent dangerous situations at all times.
3. It is forbidden, without written permission from the user, the rented property or any third party to move items made available to a location other than the agreed location.
4. It is not permitted to use the rented or made available goods to third parties
give, make available or sublet without prior written approval
permission from Experience Republic.
5. You may not make any changes, of any nature whatsoever, to the rented property or made available apply set items and / or paint these items and / or stick them on with stickers or change them in any other way (at the latest), without prior written permission from Experience Republic.
6. When Experience Republic has given explicit permission for making changes to the rented and / or made available items, all costs involved in returning these items to their original condition will be for your account.
7. You will, at the agreed time, make the rented or made available goods, identical as received, in good technical and external condition, available or deliver to user.
8. The moment of return is the moment at which Experience Republic has received all the rented or made available goods properly and in full.
Article 10. When does force majeure occur and what consequences does this have?
1. Force majeure means that there are circumstances that make Experience Republic unable to deliver its products properly, on time or properly, without the fault of Experience Republic. If there is force majeure, there is no attributable shortcoming Experience Republic.
2. Force majeure is for example: fire, theft, molestation, riot, strike, company occupation,
business disruption, war, bad weather, situations of actual unreachability of the work, changes in the regulations and failure to perform by a supplier of Experience Republic.
3. In the event of force majeure, Experience Republic may suspend the implementation of the agreement or dissolve the agreement (in part) without having to pay compensation to you for this. 4. If the force majeure lasts longer than 60 consecutive days, you may terminate the agreement in writing. Experience Republic does not owe you any compensation.
Article 11. Intellectual property rights
1. You may not publish or reproduce the work of Experience Republic, unless Experience Republic gives you permission for this. Experience Republic has copyright over all works produced by or on its behalf.
2. You remain the owner of the documents that you have given to Experience Republic for inspection.
3. All intellectual property rights, including, but not limited to, copyrights,
brand rights and database rights, on the information, texts, images, logos, photos and illustrations on the website and on the layout and design of the website belong to Experience Republic and / or its licensors. You may not infringe on this, which also includes making copies of the internet site other than technical copies required for the use of the internet site.
Article 12. Replacement of defects
1. Experience Republic does not replace the products it supplies,
when there are defects caused by users of the products. Experience Republic will then only replace the products against payment.
2. Any claim to replacement of parts will also lapse if the products supplied by Experience Republic have been handled and / or processed by you improperly and / or the instructions given by Experience Republic have not been followed. There is also no guarantee when it comes to normal wear.
Article 13. Who is liability for what?
1. Experience Republic provides its services to the best of its knowledge and abilities. Experience Republic
is possible, however Do not give the guarantee that a desired result at a certain time also
will be achieved.
2. Experience Republic cannot be held liable for damage. Not even if this damage directly or indirectly related to delay or suspension. Experience Republic is only liable if the damage is due to intent or willful recklessness.
3. If Experience Republic is liable, then this liability is limited to the amount
that with regard to this damage is paid per event by the liability insurance of Experience Republic. If the maximum insured amount is higher than the amount of the assignment, then Experience Republic is only liable up to the amount of the assignment that is related to the services provided. 4. Damage such as business and / or stagnation damage, consequential damage, loss of sales and / or profit, loss of production or depreciation of products is excluded from compensation.
5. If you are sued by a third party for compensation for damage, you cannot pass this claim on to Experience Republic.
6. Any liability of Experience Republic expires if you do not invoke the shortcoming within one year after the product has been delivered and if you do not notify Experience Republic in writing within one month of discovering the (possible) shortcoming.
Article 14. Amendment of these terms and conditions
1. Experience Republic can always, without prior notice, the general terms and conditions modify. 2. Experience Republic can make changes to these terms and conditions known to it website or communicate in any other way. It is therefore advisable to use the conditions from time to time. Changes also apply to existing agreements.
Article 15. Complaints and disputes
1. Are you not satisfied with our service? We would appreciate it if you let us know first
know so that we can take serious care of your complaint. To ensure that we can handle the complaint properly, the complaint must be submitted to Experience Republic within two months after you have taken cognizance of the complaint.
2. Should a dispute arise; you must go to the competent court in ‘s-Hertogenbosch. The possibility to start a dispute with the court expires after one year after the reason for the dispute has arisen.
Article 16. Applicable law
Dutch law applies to all agreements and these general terms and conditions and actions that arise from them.