Terms & Conditions

1.1. In these general terms and conditions, the following terms have the following meanings:

• Het Sieraad: the private limited liability company Het Sieraad B.V. and all related trade names, registered in the trade register of the Chamber of Commerce under number 73927414, with its registered office at Postjesweg 1, 1057 DT Amsterdam, e-mail hetsieraad@daalderculinair.com, telephone +31 20 8200 928.
• Assignment: any agreement concluded between Het Sieraad and the client, any amendment thereof or supplement thereto, as well as all (legal) acts in preparation for and in performance of that agreement.
• Quotation: the non-binding specification of more or less defined work by Het Sieraad, and the overall estimate of the costs associated with that work.
• Services: the facilitation, organisation, catering, supervision, decoration and styling of events and other activities.

2.1. These general terms and conditions apply exclusively to all quotations, assignments and legal acts of Het Sieraad and to all agreements concluded by Het Sieraad with the client.

2.2. The applicability of any (general) terms and conditions of the client is expressly rejected by Het Sieraad.

2.3. Amendments of and supplements to provisions in the agreement and/or these terms and conditions may only be agreed in writing.

2.4. An amendment and/or supplement as referred to in the previous paragraph applies only to the agreement in question and does not automatically apply to subsequent or other agreements.

2.5. Approving a quotation or offer, placing an order, or requesting or confirming an option implies that the client accepts the applicability of these terms and conditions without reservation.

3.1. A verbal or written quotation does not bind Het Sieraad and serves only as an invitation to place an assignment.

3.2. An assignment given by the client is accepted by Het Sieraad by written confirmation of the assignment or by Het Sieraad commencing (the preparation of) its performance. After that, termination of the agreement free of charge is no longer possible for the client.

3.3. If and insofar as this — in the opinion of Het Sieraad — benefits the proper (preparation of the) performance, Het Sieraad has the right to have work carried out by third parties. The costs thereof are for the account of the client. Any general terms and conditions of those third parties apply to the performance of their assignments and therefore also apply towards the client.

4.1. With every agreement, Het Sieraad enters into a best-efforts obligation. Het Sieraad gives no guarantees regarding results, revenues, ticket sales or other aspects of the assignment.

4.2. Het Sieraad reserves the right to suspend the commencement of the agreement without further notice until the order confirmation signed for approval has been received, all required information has been provided and — where applicable — the first advance or instalment invoice has been paid.

4.3. The client guarantees that all information which Het Sieraad indicates is desired or required, or which the client should reasonably know is required, is provided to Het Sieraad in good time. If the client fails to do so, Het Sieraad has the right to suspend performance and/or to charge or set off the resulting additional costs at its usual rates.

4.4. Het Sieraad is not liable for damage arising because it relied on incorrect and/or incomplete information provided by the client, or on the absence thereof.

4.5. Loading and unloading for the event is possible via the main entrance of Het Sieraad, between 08:00 and 18:00. Nuisance to local residents and the flower stall in front of Het Sieraad must be limited as much as possible. The client is obliged to arrange any parking permits, costs and exemptions itself. The dismantling, breakdown and removal of materials must be discussed with Het Sieraad's venue manager prior to the event, or in any case in good time.

4.6. Helium balloons, confetti and cold pyrotechnics such as sparklers are prohibited. If Het Sieraad observes their use, it may terminate the agreement with immediate effect without being obliged to compensate any damage and without prejudice to the client's other obligations, including payment obligations.

4.7. Any problems or anticipated shortcomings on the part of the client must be reported to Het Sieraad as soon as possible, both in writing and by telephone via +31 20 8200 928.

5.1. The client declares to be fully familiar with the performances of the engaged artists and with the type or nature of the contracted performances, and will respect the artists' creative freedom.

5.2. Drinks and food for artists and the technicians involved are for the account of the client.

5.3. Musicians and orchestras are entitled to fifteen minutes of break during each contracted hour, unless otherwise agreed in writing in advance.

5.4. The client undertakes to arrange the permits, consents and licences required by the authorities. The absence thereof, including those of Buma and Sena, constitutes a breach of contract towards Het Sieraad. All costs charged to Het Sieraad in this context are directly and fully for the account of the client, who indemnifies Het Sieraad in this respect.

5.5. At the time of the performance, the artist's popularity may prove so much greater than when the agreement was concluded that additional security measures are desirable. The client must take these measures at its own expense at the request of Het Sieraad. If, in the opinion of Het Sieraad, insufficient measures have been taken, Het Sieraad is entitled to request the artist not to let the performance take place. In that case the client cannot claim compensation or a discount on the buy-out fee and is liable for any damage suffered by the artist and related third parties.

5.6. Het Sieraad, in consultation with the artist, provides the necessary guidelines regarding the sound volume to be produced, the operation of the monitor and PA system and the lighting.

5.7. The agreed time and duration of the performance are binding. If the client requests during the performance that the end time be moved, Het Sieraad is entitled to refuse this or to accept it as additional work and to charge costs for it.

5.8. In the event of cancellation and/or force majeure — expressly including incapacity for work and/or invocation of the radio/television clause by one or more artists — Het Sieraad has the right to have the performance carried out by other equivalent artists or to move it to another time, after consultation with the client and without additional costs for Het Sieraad.

6.1. All agreed prices are exclusive of VAT and external costs, including shipping, transport and postage costs, unless stated otherwise.

6.2. If Het Sieraad has to apply for additional consents, permits or licences for an event of the client, those costs are directly for the account of the client. These costs are not included in the price as standard.

6.3. The quotation or invoice amount is determined (in part) on the basis of the expected number of persons, guests, participants or visitors stated at the time the agreement was concluded.

6.4. The prices are based on the circumstances prevailing at the time the assignment was given, such as exchange rates, purchase prices, labour costs, costs of (partial) assignments to third parties, freight rates, import and export duties, levies and taxes. If these circumstances change after the conclusion of the assignment but before delivery, Het Sieraad has the right to pass on the resulting costs.

6.5. The payment terms and instalments are as follows:

• upon signing or otherwise approving the quotation: 25% of the total quoted amount;
• 30 days before the planned event: 50% of the total quoted amount;
• 14 days before the planned event: 100% of the total quoted amount.

6.6. The stated deadlines are strict deadlines.

7.1. If during performance it appears necessary for proper performance to amend or supplement the work, the parties will amend the agreement accordingly, in good time and in mutual consultation.

7.2. If the agreement is amended or supplemented, the time of completion may be affected. Het Sieraad will inform the client thereof as soon as possible. If Het Sieraad accepts the amendments or has started implementing them, the client is obliged to pay all resulting (additional) costs as additional work, without prejudice to its other payment obligations. If the amendments lead to delay, the stated deadlines are extended by the duration of the delay. Het Sieraad is never liable for that delay.

7.3. If a price per participant has been agreed, the client may change the number of participants in accordance with the following arrangement. Up to thirty days before commencement, the expected number of persons may be reduced free of charge by a maximum of 25%. Up to fourteen days before commencement, this may be done free of charge by a maximum of 5%. After that, the stated number of persons applies.

7.4. If more participants register than expected, Het Sieraad will endeavour to accommodate this. However, Het Sieraad cannot guarantee that more than the stated number of participants can take part, in connection with the deployment of staff and materials and the availability of the venue. This is at the discretion of Het Sieraad.

7.5. If a total price or a portion of the total organisation costs has been agreed, no price adjustments are granted if fewer participants register than expected. If more participants register, Het Sieraad will assess whether and how much additional cost this entails. This is at the discretion of Het Sieraad.

7.6. Changes to dietary requirements and allergies must be made known no later than five working days before the event, failing which there is a chance that Het Sieraad cannot take them into account. This cannot then be attributed to Het Sieraad in any way.

7.7. The number of persons, guests or visitors may be reduced by a maximum of 10% of the original number, and only if this is announced in writing no later than five working days before the event.

7.8. An increase in the number of persons is only possible if capacity and permits allow it, subject to payment of a surcharge based on the original number and after written approval by Het Sieraad. If Het Sieraad finds that the original number is being exceeded, it is entitled to charge twice the normal price for that additional number of persons.

8.1. The client owes the quotation amount from the moment an agreement has come into existence between the parties. Het Sieraad sends an invoice after approval of its quotation, and in any case prior to the event.

8.2. Desired changes to invoice and debtor details must be communicated in writing as soon as possible. Objections to invoices must be made known within 7 days; after that, the client can no longer raise them.

8.3. An amendment of the invoice does not result in a longer payment term than would apply on the basis of the earlier invoice.

8.4. The client must pay all invoiced amounts within 14 days of receipt.

8.5. At the request of Het Sieraad, the client is obliged to pay 100% of the costs estimated in the quotation at the start of performance. For concerts, performances or events, the fully agreed price must be paid 10 days in advance.

8.6. If the advance payment is not received on time, Het Sieraad may suspend its obligations with immediate effect and without further notice.

8.7. The client waives the right to set off a debt to Het Sieraad against a claim on Het Sieraad, and does not have the right to suspend any payment obligation.

8.8. The mere expiry of a payment term puts the client in default. In that case, all claims of Het Sieraad on the client become immediately due and payable.

8.9. On all amounts not paid by the last day of the payment term at the latest, default interest of 2.5% per month or part thereof is due from that day on the total invoice amount. In the event of default, the client is also obliged to pay the extrajudicial costs. These amount to at least 15% of the total invoice amount, with a minimum of € 250.00, plus the turnover tax due thereon.

8.10. If, in the opinion of Het Sieraad, there is reason to do so, Het Sieraad may require security for payment at the client's expense in the form of a bank guarantee approved by Het Sieraad.

9.1. In addition to what is provided by law in this respect, Het Sieraad may dissolve the agreement immediately if:

• the client has been declared bankrupt or a petition to that effect has been filed;
• the client applies for or obtains a suspension of payments;
• the client has been placed under guardianship;
• any prejudgment or executory attachment has been levied against the client;
• the client shuts down or liquidates its business, or makes preparations to do so.

9.2. In these situations, Het Sieraad has the right to suspend the performance of all existing assignments, or to dissolve them in whole or in part without notice of default and without itself being liable for any compensation. All obligations of the client towards Het Sieraad then become immediately due and payable.

10.1. If the client wishes to cancel (terminate or reschedule) the hire of Het Sieraad, another delivery obligation, the planned event or a facility, service, act or artist booked through Het Sieraad, this can only be done in writing and the following percentages apply, calculated on the total amount due:

• 30 days or more before the start of the event: 25%
• 14 – 29 days before the start of the event: 50%
• 7 – 13 days before the start of the event: 75%
• 0 – 6 days before the start of the event: 100%

10.2. In all cases, upon cancellation the client must reimburse the external costs incurred by Het Sieraad (or costs to which it has committed itself) relating to the cancelled event.

11.1. Complaints by the client must be made in writing within eight days after performance of the agreement, on penalty of forfeiture of the right to complain. A complaint does not suspend the payment obligation.

11.2. All rights of action of the client against Het Sieraad — arising from breach, unlawful act or any other ground — lapse as soon as a period of 3 months has passed after the day on which the client became aware, or could reasonably have been aware, of their existence, and the client has not brought a legal claim within that period.

12.1. The liability of Het Sieraad for damage resulting from work carried out by third parties for the benefit of the client is limited to the amount that the third party owes Het Sieraad as compensation. Het Sieraad will do everything that can reasonably be required of it to obtain the highest possible compensation from that third party; the client will fully cooperate in this.

12.2. If Het Sieraad is obliged to pay compensation on account of any breach, this is limited to the invoice amount (excluding VAT) relating to the performed part of the assignment that has been paid on time, with a maximum of € 10,000 and reduced by the costs incurred by Het Sieraad for engaging third parties.

12.3. The liability of Het Sieraad for damage resulting from intent or deliberate recklessness on the part of Het Sieraad is not excluded.

12.4. The client guarantees that it is authorised and free to enter into and perform the agreement and in doing so does not infringe any laws, regulations, permits or rights of others. The client also guarantees that it is and will remain adequately insured for the activities associated with the performance.

12.5. These guarantees are intended to establish an allocation of risk such that the consequences of a breach of a guarantee are always fully for the account and risk of the client, and that the client cannot invoke a breach not attributable to it. This also applies if the breach was known to the client or could have been known through investigation.

12.6. In the event of a breach of a guarantee, the client is obliged to compensate all damage suffered by Het Sieraad immediately and without further notice of default, including the full costs of investigation and legal assistance.

12.7. The client indemnifies Het Sieraad against all claims of third parties and the resulting damage as a result of the breach or any other act or omission of the client.

12.8. Het Sieraad is located in a listed, monumental building; the client must take this into account. The client is obliged to indemnify Het Sieraad immediately and unconditionally for all damage to the venue, including repair costs.

13.1. If Het Sieraad cannot meet its obligations due to a non-attributable failure ("force majeure"), those obligations are suspended for the duration of the force majeure situation.

13.2. Force majeure means any circumstance beyond the control of Het Sieraad as a result of which performance of (the relevant part of) its obligations is prevented, delayed or made uneconomical, or as a result of which performance cannot reasonably be required of Het Sieraad. This includes: strikes, protest actions, government measures, war, revolution, terrorism or comparable situations, (power) failures, failures in communication lines or systems, defects or breakdowns of (transport) vehicles, traffic obstruction, fire, explosion and other calamities in the broadest sense, including natural disasters and large-scale diseases of an epidemiological nature and the associated government measures and restrictions.

13.3. Force majeure also includes all circumstances that must reasonably be deemed to prevent (timely) delivery, such as non-delivery or late delivery to Het Sieraad by its supplier. In those cases, Het Sieraad has the choice of postponing delivery or dissolving the agreement. The parties will inform each other of a (possible) force majeure situation as soon as possible. During the force majeure situation, Het Sieraad is not obliged to compensate any (direct or indirect) damage, nor after termination of the agreement.

13.4. In the event of (foreseeable) force majeure on the part of the client, the client may, up to no later than 4 weeks prior to the event or delivery, move the planned date and the event in question free of charge, under the same terms and conditions, to a new date no later than 6 months after the end of the force majeure situation.

14.1. All intellectual property rights to the services provided by Het Sieraad are vested in Het Sieraad or in the artists associated with an event and remain reserved, unless otherwise agreed in writing.

14.2. The client guarantees the undisturbed use by Het Sieraad of items, data, ideas, concepts and materials supplied or made available by it, and indemnifies Het Sieraad, both in and out of court, against all third-party claims thereto, including claims in the field of competition law and intellectual property rights (copyright, design rights, patent law, trademark and trade name law). At first request, the client will provide adequate security for the fulfilment of its financial obligations towards artists.

14.3. The client will immediately notify Het Sieraad of any claim by a third party regarding a (threatened) infringement of intellectual property rights in relation to the services provided or yet to be provided.

14.4. In the event of third-party claims regarding infringement of (intellectual) property rights, or the suspicion thereof, Het Sieraad is free to take the measures it deems appropriate to end the infringement and to limit the damage as much as possible. If those measures entail costs for the client, Het Sieraad is not liable for them.

14.5. Any change, addition, improvement or adaptation to a provided service may only be made with the consent of Het Sieraad. The rights thereto are assigned in advance to artists by signing the relevant agreement, without Het Sieraad owing any compensation for this, unless otherwise agreed in writing. If necessary, the client undertakes to assign these rights on request.

14.6. Het Sieraad is entitled to use the services it has provided for its own promotion and/or publicity, and will inform the client thereof in advance.

14.7. Het Sieraad is entitled to sign the services it has provided or to have them bear its name or associated trade names.

14.8. Het Sieraad reserves the right to use the knowledge gained through performance of the assignment — including knowledge of marketing and communication strategies, sales promotion, (design) techniques, product and strategy development, product design and processes — for other purposes, provided no confidential information of the client is disclosed to third parties.

14.9. Source codes and/or other (computer) languages, techniques or methods underlying the provided services are not made available to the client.

14.10. Het Sieraad is permitted to take technical or other measures to protect, preserve and/or ensure the proper functioning of the services it has provided.

15.1. In agreements where payment of a total buy-out fee has been agreed, artists — unless stated otherwise — are obliged to ensure proper payroll administration and all prescribed statutory acts, returns and remittances of payroll tax, employee insurance contributions and the employer's share thereof.

15.2. Het Sieraad is never obliged to pay payroll tax, employee insurance contributions or the employer's share.

16.1. In the event of a conflict between the content of the agreement and these general terms and conditions, the provisions of the agreement prevail.

16.2. These general terms and conditions, all agreements to which they apply and any disputes arising therefrom are governed exclusively by Dutch law.

16.3. All disputes arising from these general terms and conditions and the agreements to which they apply will be submitted exclusively to the court in Amsterdam, without prejudice to the right of Het Sieraad to submit disputes to the court competent by law.

Questions about these terms? Email info@het-sieraad.nl or call +31 20 8200 928.