Landlord: Marshmallow & Magnolia, registered in the trade register under Chamber of Commerce number 62957392, VAT ID number NL002486668B95, located De Kamp 6a, 8551 PD Woudsend (postal address, no visiting address). Collection point for decoration/furniture Iepenlaan 7, 8603 CE Sneek (no postal address).
Tenant: The person who enters into a (rental) agreement with the landlord.
Agreement: The agreement for the provision of services. Client: The person who enters into an agreement with the Contractor. Contractor: The person who carries out the assignment on behalf of the Client.
Article 1 – GENERAL
1.1 These conditions apply to all offers and quotations from Marshmallow & Magnolia as well as to agreements concluded with tenant(s), insofar as these conditions have not been deviated from in writing.
1.2 If one or more provisions in these general terms and conditions are invalid or should be annulled, the other provisions of these general terms and conditions will remain fully applicable.
1.3 Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing.
Article 2 – RENTAL PRICES AND TRANSPORT
2.1. All rental prices are calculated per item of rented property and apply for the period agreed in advance between the parties. 2.2. During the entire rental period from receipt of the goods, including during transport if this is arranged on the part of the client, the client bears the risk and expense of loss or damage to the goods.
2.3 The Client is obliged to take measures to enable the smooth loading and unloading of goods. In the absence of this, the client is entitled to load and unload these items at the expense and risk of the client and, if necessary, to store them (or have them stored), thereby fulfilling the obligation of delivery by the contractor. 2.4 The transport costs for the delivery and collection of the goods are available on request and amount to 0.52 cents per km driven including 21% VAT and petrol costs with a minimum starting rate of € 35. 2.5 Transport takes place at the rates determined by the contractor. 2.6 In principle, all goods delivered by the lessor are delivered to the ground floor and collected there again, unless the parties have made other arrangements for whatever reason. The loading/unloading place must be easily accessible for our vehicles. 2.7 The starting point for loading time is a maximum of 15 minutes; the starting point for unloading time is also a maximum of 15 minutes. 2.8 If goods are delivered and/or collected by the contractor, the client undertakes to provide appropriate assistance. In the absence of this assistance, additional costs will be charged, based on the costs incurred on the part of the contractor.
2.9 At the end of the rental period, goods must be set up completely, orderly and as close together as possible in order to promote speedy loading and transport, failing which the contractor will charge the costs arising from this defect to the client. All this is at the discretion of the contractor. 2.10 Mentioned prices are per item, including VAT and in euros.
Article 3 - Rental period
All rental prices apply for 1 consecutive rental period. This rental period must be agreed with the landlord before the rental period and approved by the landlord. The goods can be collected 1 day in advance in consultation with the landlord and returned 1 day after use, taking into account the relevant opening hours. Prices for longer terms available on request.
3.1. The goods must be checked by the client on the date of delivery. Complaints from the client must be communicated to the lessor on the delivery day on pain of forfeiture of the right to complain. From the moment of use of the goods, the client loses the right to complain.
The lessee bears the contractual and legal risk of so-called product and service liability from the moment the goods are made available until the time the goods have been returned to the lessor. During the period stated in the previous sentence, the tenant indemnifies the landlord against all claims that third parties may assert against the landlord in connection with the rented goods.
Article 4 – CONCLUSION AND CONTENT AGREEMENT
4.1 The first quotation issued is mutually non-binding, no rights can be derived from printing, typographical errors, clerical errors and mutilated quotations.
4.2 Quotations are valid for one week, calculated from the date stated on the quotation, unless otherwise stated in the quotation or otherwise agreed. We hold orders for a maximum of 2 days. If we do not receive a response after that, the items will be released for rental again.
4.3 A composite quotation does not oblige Marshmallow & Magnolia to perform part of the assignment for a corresponding part of the stated price.
4.4 Offers and quotations do not automatically apply to future assignments.
Article 5 – AMENDMENT OF THE AGREEMENT
5.1 If during the execution of the agreement it appears that it is necessary for a proper execution to change or supplement the work to be performed, the parties will adjust the agreement in good time and in consultation.
5.2 If the amendment and/or addition to the agreement will have financial and/or qualitative consequences, Marshmallow & Magnolia will inform the tenant about this in advance.
5.3 Marshmallow & Magnolia reserves the right to pass on legally imposed price increases and unexpected, reasonably necessary higher costs, which take place between the order confirmation and its execution, to the tenant. Marshmallow & Magnolia is obliged to communicate and explain these price changes to the tenant as soon as possible.
5.4 In addition, Marshmallow & Magnolia may increase the agreed amount on the quotation if it appears during the performance of the work that the originally agreed or expected amount of work was estimated to such an extent when the agreement was concluded, and is not attributable to Marshmallow & Magnolia. Magnolia, that Marshmallow & Magnolia cannot reasonably be expected to perform the agreed work for the originally agreed amount. In that case, Marshmallow & Magnolia will inform the tenant of the intention to increase the amount. Marshmallow & Magnolia will also state the size and date on which the increase will take effect.
Article 6 - IMPLEMENTATION OF THE AGREEMENT
6.1 Marshmallow & Magnolia is only obliged to perform the Agreement after Marshmallow & Magnolia has received the quotation signed by the Client and payment of the first 30% of the agreed amount.
6.2 If and insofar as required for the proper execution of the agreement, Marshmallow & Magnolia has the right to engage the assistance of third parties for the execution of the Agreement.
6.3 The costs for the assistance of third parties and the costs related to the facilities reasonably desired by those third parties are for the account of the Client. These costs are not included in the amount agreed between the parties, unless expressly agreed otherwise in writing.
6.4 Persons other than those referred to in Article 6.2, such as suppliers, are engaged by and at the expense of the Client, unless the parties expressly agree otherwise in writing.
6.5 If the Client wishes to involve third parties in the execution of the assignment, it will only do so after having reached an agreement with Marshmallow & Magnolia, as the direct or indirect involvement of a third party in the execution of the assignment can have a significant influence. have on the possibilities of Marshmallow & Magnolia to execute the assignment correctly
6.6 The styling materials that Marshmallow & Magnolia makes available remain the property of Marshmallow & Magnolia, with the exception of (fresh) flowers. If these materials are not returned to Marshmallow & Magnolia in full and/or undamaged, the Client must reimburse Marshmallow & Magnolia for the replacement value.
Article 7 – LEGITIMATION AND DEPOSIT
7.1 When collecting or receiving the rented property, the tenant must identify himself at the request of the landlord by means of a legal proof of identity. The deposit is €100 regardless of the rental amount and also applies to purchasing the styling.
Article 8 – LIABILITY
8.1 The tenant is liable for loss, theft or damage to the rented materials during the entire rental period and will have to reimburse the rented property, parts and/or accessories thereof at replacement values. Any repair costs will also be charged to the tenant.
8.2 The landlord can never be held liable for any direct and/or indirect damage suffered by the tenant, including consequential damage, immaterial damage, trading loss or environmental damage.
Article 9 -OBLIGATIONS OF THE TENANT
9.1 The tenant is obliged to use the rented object in accordance with the provisions of the General (rental) terms and conditions and any company regulations and in doing so:
9.2 to provide the lessor with access to the leased property at all times.
9.3 to reject claims from third parties on the rented property and to indemnify the lessor against this.
9.4 Subletting and making available to third parties only take place with the written permission of the lessor.
9.5 The tenant is expected to check for defects in normal functioning immediately after receipt of the rented item.
Article 10 – DEALING WITH RENTAL ITEMS
The tenant must handle the rental items carefully and neatly. Items should not be left outside overnight or in the rain. Items should be kept indoors and dry. The tenant must return the items clean, crockery and glass must be washed and returned dry. If the above obligations are not met, the lessor is entitled to charge costs for damage or loss. If our belongings are left outside or in the rain overnight, the entire deposit will be charged plus any additional costs for cleaning.
Article 11 – PAYMENT
11.1 The tenant will receive an invoice (in writing or by telephone) within 14 days after the agreement has been concluded. This amount, 30% deposit, must be paid within 14 days of the invoice date. Any objections to the amount of the invoices do not suspend the payment obligation for the undisputed part of the invoice. For orders placed within 1 month after the conclusion of the agreement, the entire amount will be charged immediately. A down payment is then unnecessary.
11.2 The tenant who does not pay on time is legally in default, without further notice of default being required. Marshmallow & Magnolia – Vintage Verhuur is entitled to claim additional compensation for all costs already incurred in connection with the agreement and has the authority to charge the statutory interest, calculated from the day of the default until the day of payment. . 11.3. Remaining amount must be paid 1 week before the end date. 11.4. The deposit of 100 euros, regardless of the (total) amount, must be paid in cash during collection or delivery. 11.5. Companies registered with the Chamber of Commerce, the prices are exclusive of VAT (delivery including VAT).
Article 12 – TERMINATION OR CANCELLATION OF THE AGREEMENT
12.1 Marshmallow & Magnolia has the right to terminate/refuse an agreement if, in its opinion, the content could harm the interests and/or reputation of its company.
12.2 If the agreement is dissolved, Marshmallow & Magnolia's claims against the tenant are immediately due and payable. If Marshmallow & Magnolia suspends the fulfillment of its obligations, it will retain its rights under the law and agreement.
12.3 If the tenant cancels an agreement in whole or in part, the costs incurred by Marshmallow & Magnolia as a result of this cancellation will be reimbursed in full by the tenant. The cancellation costs amount to 30% (= down payment) of the total sum of the order in the event of cancellation up to 4 weeks before delivery, or 80% of the amount of the order in the event of cancellation 2 to 4 weeks before delivery, or 100% of the amount of the order in the event of cancellation in the last two weeks before delivery. In case of no-show on the day of pick-up, the full amount (=100%) will be charged.
12.4 If the agreement is terminated prematurely by Marshmallow & Magnolia, the lessor will, in consultation with the lessee, arrange for the transfer of work still to be performed to third parties, unless the termination is based on facts and circumstances that are attributable to the lessee.
12.5 At the end of the agreement, the leased property must be made available to the lessor in the same condition as it was provided and cleaned. Any cleaning costs are €30 per hour. 12.6 If due to circumstances the wedding/assignment is rescheduled, a relocation (once) within the same calendar year is free, provided Marshmallow & Magnolia is still available. If the assignment is moved to a new calendar year, a relocation fee of 20%, calculated on the total amount, will be charged. This also applies to further movements (the right to move one more time for free will lapse). If Marshmallow & Magnolia is no longer available on the new desired date and the customer chooses a new contractor, a refund of the deposit is excluded.
Article 13 - FORCE MAJEURE
13.1 Force majeure is understood to mean any shortcoming that cannot be attributed to Marshmallow & Magnolia. This includes weather and/or weather conditions, fire, strikes, stagnation in supplies in any sense and for whatever reason, illness of irreplaceable employees, sabotage, riot, riots, mobilization, war, threat of war, terrorism, state of siege obstruction of traffic on land, water or in the air, obstruction of mail, communication, data traffic and data communication in any sense whatsoever, government measures, etc., without being obliged to demonstrate the influence on the impediment or delay
• mobilization, war, threat of war, molestation, terrorism;
• a day or days of national mourning;
• quota or other government measures;
• government decisions;
• natural disasters;
• illness or (short-term) disability of Marshmallow & Magnolia
• obstruction of traffic on land, water or in the air, obstruction of mail, communication, data traffic and data communication in any sense whatsoever
• deaths within the family or friends circle;
• epidemics or pandemics
The Contractor also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after it should have fulfilled its obligation.
13.2 During force majeure, the obligations of the contractor are suspended. If the period of force majeure lasts longer than two months, both parties are entitled to dissolve the agreement without there being any obligation to pay compensation on one or both sides in that case.
13.3 If the contractor has already partially fulfilled its obligations at the commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the part already performed or executable separately and the client is obliged to pay this invoice as if it concerned a separate agreement.
Article 14 - CONFIDENTIALITY & COMPLAINTS
14.1 Both parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in the context of the Agreement. Information is considered confidential if this has been communicated by the other party or if this results from the nature of the information.
14.2 If, on the basis of a statutory provision or a court decision, Marshmallow & Magnolia is obliged to provide confidential information to a third party designated by law or the competent court, and Marshmallow & Magnolia cannot rely on a statutory or Right of non-disclosure recognized or permitted by the competent court, then Marshmallow & Magnolia is not obliged to pay compensation or compensation and the Client is not entitled to dissolve the Agreement on the basis of damage allegedly suffered and to be suffered as a result. 14.3 Complaints must be submitted to Marshmallow & Magnolia in writing within 1 week after discovery and at the latest within 4 weeks after the day of the wedding. The notice of default must contain as detailed a description as possible of the shortcoming, so that Marshmallow & Magnolia is able to respond adequately.
14.4 Marshmallow & Magnolia must be given the opportunity to check the submitted advertisement. If, in its opinion, the complaint is correct and if the performance of the agreed work is no longer possible or useful, Marshmallow & Magnolia will only be liable within the limits of Article 8.
14.5 Complaining in time does not release the Client from its (payment) obligations under the Agreement.
Article 15 – FLOWERS
FORCE OF THE MAJORITY
When force majeure cannot be delivered in accordance with the agreement, the florist must notify the consumer as soon as possible by email, fax or telephone with written confirmation, without being obliged to pay any compensation.
Force majeure is understood to mean: All external causes, foreseen or unforeseen, on which the florist cannot exert influence, but as a result of which the florist cannot fulfill its obligations or part thereof and which circumstances are also not under the law, a florist given guarantee whether the traffic opinions can be attributed to the florist.
The florist can in case of force majeure -after consultation with the buyer- cancel the agreement or suspend delivery, until the moment when the force majeure situation ceases to exist.
If, in the event of suspension, the delivery is delayed by more than five days, the buyer is authorized to notify in writing that it considers the purchase agreement to be dissolved.
In any case, the following circumstances, but not limited to, apply as force majeure:
late or qualitatively unacceptable delivery from one or more supply companies.
restrictive measures by the government
total or partial strike or malfunction in the internal and external transport equipment.
riots and other disturbances that prevent the timely execution of the agreement.
complete or partial stagnation in the production apparatus or strikes or exclusions in the company or in that in which goods are obtained from raw materials or products.
Weather conditions prior to the day and on the day itself, such as: wind, rain, high humidity, high and low temperatures, sun, snow and hail, which have a direct influence on the quality and shelf life of the flowers.
After delivery and approval of the bridal couple or master of ceremonies or contact person, Marshmallow & Magnolia is no longer responsible for external influences and therefore also the shelf life and quality of the flowers.
Article 16 – APPLICABLE LAW
Dutch law applies to every agreement between the user, the client and the tenant/contractor.