Terms and Conditions

Clear agreements regarding our services and products

Transparency and clarity are important to us. In our terms and conditions, you can read about the rules and agreements that apply when you use the services or products of The Balloon Factory, owner of feestproducten.nl

Terms and Conditions of The Balloon Factory

I also bought these from feestproducten.nl because they're from The Balloon Factory.

Definitions

The Balloon Factory, located in Almere, registered with the Chamber of Commerce under number 59199660.
Customer: the party with whom The Balloon Factory has entered into an agreement.
Parties: The Balloon Factory and the customer jointly.
Consumer: a customer who is also an individual and acts in a private capacity.

Applicability of the General Terms and Conditions

These terms and conditions apply to all quotations, offers, work, orders, agreements, and the provision of services or products by or on behalf of The Balloon Factory.
The parties may deviate from these terms and conditions only if they have expressly agreed to do so in writing.
The parties expressly exclude the applicability of any additional and/or deviating general terms and conditions of the customer or third parties.

Specials and quotes

Offers and quotations from The Balloon Factory are non-binding, unless expressly stated otherwise.
An offer or quotation is valid for a maximum of two weeks, unless a different acceptance period is specified in the offer or quotation.
If the customer does not accept an offer or quotation within the applicable time limit, the offer or quotation expires.
Offers and quotations do not apply to repeat orders, unless the parties have expressly agreed otherwise in writing.

Acceptance

Upon acceptance of a non-binding quote or offer, The Balloon Factory reserves the right to withdraw the quote or offer within 3 days of receiving the acceptance, without the customer being able to derive any rights from this.
Mondelinge aanvaarding van de klant verbindt The Balloon Factory slechts, nadat de klant deze schriftelijk (of elektronisch) heeft bevestigd.

Prijzen

Alle prijzen die The Balloon Factory hanteert zijn in euro’s, zijn inclusief btw en exclusief eventuele overige kosten zoals administratiekosten, heffingen en reis-, verzend- of transportkosten, tenzij uitdrukkelijk anders vermeld of anders overeengekomen.
The Balloon Factory reserves the right to change the prices of its products or services, whether listed on its website or otherwise communicated, at any time.
Increases in the cost prices of products or their components that The Balloon Factory could not have foreseen at the time the offer was made or the agreement was concluded may result in price increases.
The consumer has the right to terminate a contract as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory provision.
The price for a service is determined by The Balloon Factory based on the actual hours worked.
The price is calculated based on The Balloon Factory’s standard hourly rates in effect during the period in which the work is performed, unless a different hourly rate has been agreed upon.
If the parties have agreed on a total amount for services provided by The Balloon Factory, this amount is always an estimate, unless the parties have expressly agreed in writing on a fixed price from which no deviation is permitted.
The Balloon Factory reserves the right to deviate from the list price by up to 10%.
If the estimated price turns out to be more than 10% higher, The Balloon Factory must inform the customer in a timely manner as to why a higher price is justified.
Indien de richtprijs meer dan 10% hoger uit gaat vallen, heeft de klant het recht om het deel van de opdracht te laten vervallen, dat boven de richtprijs vermeerderd met 10% uitkomt.
The Balloon Factory reserves the right to adjust its prices annually.
Prior to their implementation, The Balloon Factory will notify the customer of any price changes.
The consumer has the right to cancel the contract with The Balloon Factory if they do not agree to the price increase.

Consequences of late payment

If the customer fails to pay within the agreed time frame, The Balloon Factory is entitled to charge interest at a rate of 1% per month starting from the day the customer is in default, with any partial month being counted as a full month.
If the customer is in default, they will also owe The Balloon Factory extrajudicial collection costs and any damages.
The collection costs are calculated in accordance with the Decree on Compensation for Extrajudicial Collection Costs.
If the customer fails to pay on time, The Balloon Factory may suspend its obligations until the customer has fulfilled their payment obligation.
In the event of liquidation, bankruptcy, seizure, or suspension of payments on the part of the customer, The Balloon Factory’s claims against the customer shall become immediately due and payable.
If the customer refuses to cooperate with The Balloon Factory in the performance of the agreement, they are still obligated to pay the agreed-upon price to The Balloon Factory.

Right of reclamation

As soon as the customer is in default, The Balloon Factory is entitled to exercise its right of retention with respect to the unpaid products delivered to the customer.
The Balloon Factory reserves the right to cancel the order by means of a written or electronic notice.
As soon as the customer has been notified that the right of reclamation has been invoked, the customer must immediately return the products to which this right applies to The Balloon Factory, unless the parties agree otherwise.
The customer is responsible for the costs of returning or delivering the products.

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.

Right of retention

The Balloon Factory may exercise its right of retention and, in that case, retain the customer’s products until the customer has paid all outstanding invoices owed to The Balloon Factory, unless the customer has provided sufficient security for those costs.
The right of retention also applies based on previous agreements under which the customer still owes payments to The Balloon Factory.
The Balloon Factory shall not be liable for any damages the customer may incur as a result of the exercise of its right of retention.

Settlement

Unless the customer is a consumer, the customer waives the right to set off a debt owed to The Balloon Factory against a claim against The Balloon Factory.

Retention of Title

The Balloon Factory retains ownership of all delivered products until the customer has fully fulfilled all payment obligations to The Balloon Factory under any agreement entered into with The Balloon Factory, including claims arising from breach of contract.
Until then, The Balloon Factory may invoke its retention of title and reclaim the goods.
Until ownership has been transferred to the customer, the customer may not pledge, sell, dispose of, or otherwise encumber the products.
If The Balloon Factory invokes its retention of title, the agreement shall be deemed terminated, and The Balloon Factory shall be entitled to claim compensation for damages, lost profits, and interest.

Delivery

Delivery is subject to availability.
Delivery will take place at The Balloon Factory, unless the parties have agreed otherwise.
Products ordered online will be delivered to the address provided by the customer.
If the agreed amounts are not paid or are not paid on time, The Balloon Factory reserves the right to suspend its obligations until the agreed amount has been paid.
If payment is late, this constitutes a breach of contract on the part of the creditor, with the result that the customer cannot hold The Balloon Factory liable for a delayed delivery.

Delivery time

The delivery times specified by The Balloon Factory are approximate and do not entitle the customer to terminate the agreement or claim damages if they are exceeded, unless the parties have expressly agreed otherwise in writing.
The delivery period begins once The Balloon Factory has confirmed the quote, which the customer has signed for approval, to the customer in writing or electronically.
If the specified delivery time is exceeded, the customer is not entitled to compensation or to terminate the agreement, unless The Balloon Factory is unable to deliver within 14 days of receiving a written notice to that effect, or the parties have agreed otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products they have ordered can take place on time.

Transportkosten

Shipping costs are the responsibility of the customer, unless the parties have agreed otherwise.

Packaging and Shipping

If the packaging of a delivered product is opened or damaged, the customer must have the carrier or delivery person make a note of this before accepting the product; otherwise, The Balloon Factory cannot be held liable for any damage.
If the customer arranges for the transport of a product themselves, they must report any visible damage to the products or packaging to The Balloon Factory prior to transport; otherwise, The Balloon Factory cannot be held liable for any damage.

Insurance

The customer agrees to adequately insure and maintain insurance coverage for the following items against, among other things, fire, explosion, water damage, and theft:
- goods delivered that are necessary for the performance of the underlying agreement
- Items from The Balloon Factory that are in the customer's possession
- goods delivered under retention of title
Upon The Balloon Factory’s first request, the customer shall make the policy for this insurance available for inspection.

Storage

If the customer does not take delivery of the ordered products until after the agreed delivery date, the risk of any loss of quality rests entirely with the customer.
Any additional costs resulting from early or late pickup of products shall be borne entirely by the customer.

Garantie

If the parties have entered into a service agreement, such agreement imposes only best-efforts obligations on The Balloon Factory, not performance obligations.
The product warranty applies exclusively to defects caused by faulty manufacturing, design, or materials.
The warranty does not apply in cases of normal wear and tear or damage resulting from accidents, modifications made to the product, negligence, or improper use by the customer, nor does it apply if the cause of the defect cannot be clearly determined.
The risk of loss, damage, or theft of the products that are the subject of an agreement between the parties passes to the customer at the moment they are legally and/or physically delivered, or at least come into the possession of the customer or a third party who receives the product on the customer’s behalf.

Exchange

Exchanges are only possible if the following conditions are met:

Exchanges must be made within 30 days of purchase upon presentation of the original receipt
The product must be returned in its original packaging and with the original price tags still attached.
The product has not been used yet

Discounted items, perishable items such as food, custom-made items, or items specially customized for the customer cannot be exchanged.

Performance of the Agreement

The Balloon Factory will perform the agreement to the best of its knowledge and ability and in accordance with the standards of good workmanship.
The Balloon Factory reserves the right to have the agreed-upon services performed (in whole or in part) by third parties.
The agreement will be carried out by mutual agreement and following the customer’s written approval and payment of any agreed-upon advance payment.
It is the customer’s responsibility to ensure that The Balloon Factory can begin fulfilling the agreement in a timely manner.
If the customer has not ensured that The Balloon Factory can begin performing the agreement on time, any resulting additional costs and/or overtime hours will be borne by the customer.

Information provided by the customer

The customer shall provide The Balloon Factory with all information, data, and documents relevant to the proper performance of the agreement in a timely manner and in the required format and manner.
The customer guarantees the accuracy, completeness, and reliability of the information, data, and documents provided, even if they originate from third parties, unless the nature of the agreement provides otherwise.
If and to the extent that the customer requests it, The Balloon Factory will return the relevant documents.
If the customer fails to provide, or fails to provide in a timely or proper manner, the information, data, or documents reasonably requested by The Balloon Factory, and if this causes a delay in the performance of the agreement, the resulting additional costs and overtime hours shall be borne by the customer.

Term of the agreement

If a fixed-term agreement has been entered into, it will be tacitly converted into an indefinite-term agreement upon expiration of the term, unless one of the parties terminates the agreement by giving two months' notice (and), or a consumer terminates the agreement with one month’s notice, the agreement shall terminate by operation of law.
If the parties have agreed on a deadline for the completion of certain work within the term of the agreement, this deadline is never a strict deadline. If this deadline is exceeded, the customer must give The Balloon Factory written notice of default.

Intellectual property

The Balloon Factory retains all intellectual property rights (including copyright, patent rights, trademark rights, design rights, etc.) to all designs, drawings, writings, data storage media or other information, quotations, images, sketches, models, mock-ups, etc., unless the parties have agreed otherwise in writing.
The customer may not copy, display to third parties, make available to third parties, or otherwise use the aforementioned intellectual property rights without the prior written consent of The Balloon Factory.

Penalty clause

Indien de klant het artikel van deze algemene voorwaarden over geheimhouding of over intellectueel eigendom overtreedt, dan verbeurt hij ten behoeve van The Balloon Factory een onmiddellijk opeisbare boete van € 5.000 voor elke overtreding en daarnaast een bedrag van 5% van het hierboven genoemde bedrag voor elke dag dat die overtreding voortduurt.
No prior notice of default or legal proceedings are required for this penalty to be imposed. Nor is any form of damage required.
The imposition of the fine referred to in the first paragraph of this article does not affect The Balloon Factory’s other rights, including its right to claim damages in addition to the fine.

Indemnification

The customer shall indemnify The Balloon Factory against all claims by third parties arising from the products and/or services provided by The Balloon Factory.

Complaints

The customer must inspect any product delivered or service provided by The Balloon Factory as soon as possible for any defects.
If a delivered product or service does not meet the customer’s reasonable expectations under the agreement, the customer must notify The Balloon Factory as soon as possible, but in any case within one month of discovering the defects.
Consumers must notify The Balloon Factory of the shortcomings no later than 2 months after discovering them.
The customer provides as detailed a description of the defect as possible, so that The Balloon Factory is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this cannot in any event lead to The Balloon Factory being held liable to perform work other than that which has been agreed upon.

Notice of default

The customer must notify The Balloon Factory of notices of default in writing.
It is the customer's responsibility to ensure that a notice of default actually reaches The Balloon Factory (in a timely manner).

Joint and several liability of the customer

If The Balloon Factory enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts they owe to The Balloon Factory under that agreement.

Liability The Balloon Factory

The Balloon Factory is solely liable for any damage suffered by the customer if and to the extent that such damage is caused by intent or willful recklessness.
If The Balloon Factory is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
The Balloon Factory is never liable for indirect damages, such as consequential damages, lost profits, lost savings, or damage to third parties.
If The Balloon Factory is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance policy, and in the absence of (full) payment of the amount of damage by an insurance company, the liability is limited to the (part of the) invoice amount to which the liability relates.
All images, photos, colors, drawings, and descriptions on the website or in a catalog are merely indicative and approximate, and cannot give rise to claims for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiration date

Any right of the customer to compensation from The Balloon Factory shall in any event lapse 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Right to dissolution

The customer has the right to dissolve the agreement if The Balloon Factory is in attributable default in the performance of its obligations, unless this default, given its particular nature or minor significance, does not justify dissolution.
If the performance of the obligations by The Balloon Factory is not permanently or temporarily impossible, dissolution may only take place after The Balloon Factory is in default.
The Balloon Factory has the right to dissolve the agreement with the customer if the customer fails to fulfill his obligations under the agreement fully or in a timely manner, or if The Balloon Factory has become aware of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill his obligations.

Force majeur

In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by The Balloon Factory to fulfill any obligation towards the customer cannot be attributed to The Balloon Factory in a situation independent of The Balloon Factory’s will, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected from The Balloon Factory.
The force majeure situations referred to in paragraph 1 also include – but are not limited to – the following: states of emergency (such as civil war, insurrection, riots, natural disasters, etc.); breaches of contract and force majeure by suppliers, carriers, or other third parties; unexpected power, electricity, internet, computer, and telecommunications failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions, and work stoppages.
If a force majeure situation arises as a result of which The Balloon Factory cannot fulfill one or more obligations to the customer, those obligations shall be suspended until The Balloon Factory is able to fulfill them again.
From the moment a force majeure situation has lasted for at least 30 calendar days, both parties may terminate the agreement in whole or in part in writing.
The Balloon Factory is not liable for any compensation (for damages) in a force majeure situation, even if it benefits in any way as a result of the force majeure situation.

Amendment of the agreement

If, after the conclusion of the agreement, it proves necessary to modify or supplement its content for its execution, the parties shall amend the agreement accordingly in a timely manner and by mutual consultation.

Amendment of general terms and conditions

The Balloon Factory is entitled to amend or supplement these general terms and conditions.
Changes of minor importance may be implemented at any time.
The Balloon Factory will discuss major substantive changes with the client in advance as much as possible.
Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

Customer rights arising from an agreement between the parties may not be transferred to third parties without the prior written consent of The Balloon Factory.
This provision applies as a clause with proprietary effect as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.

Gevolgen nietigheid of vernietigbaarheid

If one or more provisions of these general terms and conditions prove to be null and void or voidable, this shall not affect the remaining provisions of these terms and conditions.
A provision that is void or voidable shall in that case be replaced by a provision that comes closest to what The Balloon Factory had in mind regarding that point when drafting the terms and conditions.

Applicable law and competent court

Every agreement between the parties is exclusively governed by Dutch law.
The Dutch court in the district where The Balloon Factory is established/practices/has its office is exclusively competent to hear any disputes between the parties, unless the law mandatorily prescribes otherwise.