Terms and conditions
Article 1. General terms and conditions
- If any provision of these general terms and conditions is at any moment totally or partially null and void or might be annulled, the other provisions of these general terms and conditions shall remain in full force. In that case Animare.eu will consult with the Customer in order to agree on new provisions as a replacement of the void or annulled provisions, taking as much as possible into account the scope and content of the original ones.
- If there would be any uncertainty about the interpretation of any provision of these general terms and conditions, then the interpretation should happen in the true spirit of these provisions.
- If a situation arises between parties that is not stipulated in these general terms and conditions, then the situation should be judged in the true spirit of these general terms and conditions.
- If Animare.eu does not always require strict compliance with these conditions, this does not mean that these provisions are not applicable, nor that Animare.eu revokes in any way its right to require strict observance of these terms and conditions in any other case.
Article 2. Transfer of risk, execution and change of the agreement; price increase.
- The artists will execute the agreement to the best of their ability and in accordance with the requirements of professional practice. All this should be based on the current known base of science.
- The Customer should ensure that all information, of which Animare.eu indicates that this is necessary or of which the Customer should reasonably accept that this is necessary for the execution of the agreement, will be timely provided. If the required information, necessary for the execution of the agreement, is not timely provided to Animare.eu, Animare.eu has the right to suspend the execution of the agreement and/or to charge to the Customer the extra costs, incurred as a result of the delay, in accordance with the then usual rates. The term of execution does not start until the Customer has provided the information to Animare.eu. The artists, nor Animare.eu are liable for the damage of whatever nature, because in that case Animare.eu has acted on inaccurate and/or incomplete information provided by the Customer.
- If during the execution of the agreement it becomes apparent that it is necessary for its proper execution to amend or supplement the agreement, both parties will timely consult each other to adapt the agreement. If the nature, magnitude or content of the agreement, whether or not to request or indication of the Customer, the competent authorities, or otherwise, is amended and if the agreement is therefore amended in terms of quality and/or quantity, then this can have consequences for what was originally agreed upon. The amount originally agreed between the parties may increase or decrease as a result. As much as possible Animare.eu will give a price quotation in advance. It is furthermore possible that the originally agreed deadline for execution can be amended, if the agreement is modified. The Customer accepts the possibility of amending the agreement, including the change in price and time of execution.
- In case of a modification of the agreement, including a supplement, then Animare.eu is only entitled to implement this modification, when an authorized representative of Animare.eu and the Customer have accepted the agreed amount and the other terms for execution, including the time of execution then to be given. Not implementing the changed agreement, or not immediately, does not constitute a default of Animare.eu and the artists, neither does it constitute a ground for the Customer to cancel or annul the agreement.
- Without being in default of the agreement as a result Animare.eu is authorized to refuse a request to change the agreement for example for the in this aspect to be executed activities or items to be supplied.
- If the Customer defaults in the correct execution of his duties towards Animare.eu or the artists, then he is responsible for all of the damages caused thereby to Animare.eu or the artists, be that direct or indirect.
- If Animare.eu has agreed with the Customer a fixed fee or a fixed price, then Animare.eu nevertheless still has the right at all times to increase this fee or fixed price, without giving the Customer the right to terminate the agreement for that reason if the increase is caused by a legal power or obligation or is caused by an increase in the price of raw materials, wages etc., or caused by other factors, not reasonably foreseeable at the time of signing the agreement.
- If the price increase is more than 10%, caused by something else than a change in the agreement, and takes place less than 3 months after the signing, then only the Customer who can claim Article 5 Paragraph 3 Book 6 CC, can terminate the agreement by way of a written statement, unless Animare.eu and the artists are prepared to execute the agreement on the basis of the originally agreed clauses; - if the price increase is the result of a legal power or a for Animare.eu and the artists legal obligation; - or if it has been stipulated that delivery will take place more than three months after the conclusion of the agreement; - or, in case of supplies of materials, if it has been agreed that the supply will take place beyond three months after the purchase.
Article 3. Postponement, annulment and premature cancellation of the agreement.
- Animare.eu is authorized to suspend compliance with its obligations or dissolve the agreement if the Customer fails to comply with his obligations arising from the agreement or fails to comply with them in full or in good time, or if circumstances come to the knowledge of Animare.eu after the conclusion of the agreement that give serious reasons to doubt whether the Customer shall comply with the obligations; if upon entering into the agreement the Customer was requested to provide security for compliance with the obligations arising from the agreement and that security has not been provided, or is insufficient or if, because of a delay on the part of the Customer, the Customer can no longer expect Animare.eu to perform the agreement under the terms and conditions that were originally agreed; if because of the delay from the side of the Customer it can no longer be demanded from Animare.eu that it shall comply with the agreement on the originally agreed conditions.
- Furthermore Animare.eu is authorized to dissolve the agreement in the event of any circumstances arising which are of such a nature that performance of the agreement is impossible or in the event of any other circumstances which are of such a nature that Animare.eu cannot be reasonably expected to allow the agreement to continue without modification.
- If the weather conditions are of such nature that a show cannot be sufficiently ensured, the artists are authorized to abandon the show. If the weather conditions lead the artists to expect in advance that the compliance with the agreement cannot be sufficiently ensured, then the artists and Animare.eu are authorized to amend the agreement or to terminate it. In this case Animare.eu and the artists are entitled to receive the agreed amount, without deduction of any costs or discount. This amount will be reduced by 25 percent if the agreement is terminated at least 12 hours in advance, proportionally by 50 percent if it is terminated 24 hours in advance.
- If the conduct of the Customer or of his guests would prevent the artists from properly performing their activities, or this conduct may put at risk the equipment, the costumes or the physical integrity of the artists, or be a direct cause of damage, Animare.eu and the artists are entitled to stop the show and retain their right to payment of the agreed amount and to full compensation.
- If the agreement is terminated, the claims of the artists and Animare.eu become due for immediate payment. If the artists and Animare.eu suspend fulfilment of the obligations, they retain the entitlements deriving from law and the agreement.
- If the artists or Animare.eu suspend or dissolve the agreement, they shall not be in any way obliged to compensate any losses or costs ensuing from this in any way.
- If the dissolution of the agreement is attributable to the Customer, the artists and Animare.eu will be entitled to compensation of the losses (including any costs) which are caused directly and indirectly as a result.
- If the Customer does not execute his duties resulting from the agreement and this non-execution justifies dissolution, then Animare.eu and the artists have the right to immediately and with immediate effect dissolve the agreement, without any liability as far as compensation or safeguard is concerned, whereas the Customer, because of his default, will be liable for compensation or safeguard.
- If the agreement is cancelled prematurely by the artists, the artists and Animare.eu shall in consultations with the Customer see to the transfer of activities yet to be carried out to third parties, unless the termination can be attributed to the Customer. If the transfer of the activities results in extra costs for Animare.eu and the artists, these shall be charged to the Customer. The Customer is obliged to pay these costs within the term specified, unless otherwise stated by Animare.eu.
- In the event of winding-up, (application of) suspension of payment, bankruptcy, or seizure – if and insofar the seizure is not lifted within three months – charged to the Customer, of debt restructuring or of any other circumstance under which the Customer can no longer freely manage his own finances, Animare.eu is entitled to immediately and with immediate effect terminate the agreement, or cancel the order or agreement, without any obligations to pay any reimbursements or compensation. In this case all claims from Animare.eu to the Customer are immediately claimable.
- In the event that the Customer annuls a placed order partially or in full, then the activities that were carried out as well as the goods ordered or made available for that, increased with the possible transportation, recollection and delivery costs thereof, as well as the working hours reserved for the implementation of the agreement, shall be integrally charged to the Customer.
Article 4. Force majeure
- Animare.eu and the artists are not required to comply with any obligations towards the Customer if they are being hindered by or as a result of circumstances which are out of their control, and which they cannot be held accountable for by law or based on a legal transaction or common traffic opinion.
- In the sense of these general terms and conditions, and apart from what law and jurisprudence regard as such In these terms and conditions, “force majeure” is defined as all external causes, foreseen or not, which Animare.eu nor the artists can influence, but which prevent the artists from complying with their obligations. Labor strikes at the company of the artists or third parties are thereby included. Animare.eu and the artists have the right to invoke force majeure if the circumstance that prevents (further) compliance with the agreement takes effect after Animare.eu or the artists should have complied with their obligations.
- Animare.eu and the artists may suspend the obligations ensuing from the agreement during the period that the force majeure continues. If this period lasts longer than two months, then each party is entitled to terminate the agreement without any liability or obligation to pay damages to the other party.
- To the extent that, at the time when force majeure takes effect, Animare.eu or the artists have partially complied with their obligations under the agreement or will be able to comply with them, and independent value is attached to that part of the obligations that has been or will be complied with, they are entitled to invoice the fulfilled, respectively the still to be fulfilled part separately.
Article 5. Payment and collection costs
- Payment must be remitted within 14 days after invoice date in the manner designated by Animare.eu and in the invoice currency, unless explicitly indicated otherwise in writing. Animare.eu is entitled to invoice periodically.
- If the Customer remains in default with regard to the timely payment of an invoice, the Customer is legally in default. In that case the Customer must pay an administrative cost of 10% and an interest of 1% a month, unless the legal interest rate is higher in which case the legal interest rate applies. The interest over the amount due will be calculated from the date on which the Customer defaults to the date on which the amount due is paid.
- Animare.eu shall be entitled to use the payments made by the Customer to firstly reduce costs, secondly to reduce open interest and lastly to reduce the principal sum and accrued interest. Animare.eu is entitled to, without thereby being deemed to be in default, refuse an offer of payment if the Customer proposes to allocate the money in a different sequence. Animare.eu can refuse full payment of the principal sum due if this payment does not also include the interest due and accrued and the collection costs.
- The Customer is never entitled to adjust the amount indebted to Animare.eu. Any objections against the amount invoiced do not suspend the Customer's payment obligation. If the Customer cannot appeal to section 6.5.3 (Articles 231 to 247 of book 6 of CC), he is not entitled to suspend the payment of an invoice for any other reason.
- If the Customer defaults on the (timely) fulfilment of his obligations, all reasonable costs made for obtaining satisfaction outside a court of law will be charged to the Customer. The Customer (being a natural person) who is not acting in the exercise of a profession or business (a private individual), shall be in default, when he is notified to pay within 14 days, starting on the day of notification, and payment is not made. In the reminder the consequences of non-payment shall be made clear. Extrajudicial costs are calculated on the basis of what is accepted in the Belgian collection business. If Animare.eu however has made higher than reasonably necessary costs to collect payment and the Customer (not being a natural person) is not acting in the exercise of a profession or business (a corporate costumer), then the actual costs will be taken into account. Possible judicial and execution costs will also be invoiced to the Customer. The Customer also owes interest on the owed collection charges.
- The prices charged by Anne Vandelanotte Animare.eu, Plan4Events.be & Eventsbooster are charged net of VAT. The prices can be increased by Anne Vandelanotte (Animare.eu, Plan4Events & Eventsbooster) if and so far as the costs to be incurred have increased by over 5% compared with the costs that Anne Vandelanotte would have paid at the moment of the order confirmation.
Article 6. Liability and responsibility
- In the event that Animare.eu or the artists are liable, this liability will be limited to the provisions laid down in this Article.
- Animare.eu nor the artists are liable for damage of any nature whatsoever resulting from the fact that Animare.eu and the artists have relied on wrong and/or insufficient data supplied by or on behalf of the Customer.
- If Animare.eu or the artists are liable for any damages, than the liability of Animare.eu and of the artists shall be limited to twice the invoice value of the order, or part of the order to which the liability relates.
- The liability of Animare.eu and of the artists shall in any case always be limited to the sum paid by their insurer in the relevant case. Animare.eu or the artists shall only be liable for direct damages.
- With direct damage is meant only the reasonable costs incurred to establish the cause and extent of the damage, in so far as the establishment of the damage relates to damage within the meaning of these terms and conditions, the possible reasonable costs incurred to ensure that the artists' deficient performance matches the agreement, as far as this can be attributed to the artists, and the reasonable costs incurred to prevent or limit the damage, insofar as the Customer demonstrates that these costs have led to a limitation of direct damage as meant in these general terms and conditions. Animare.eu or the performers are never liable for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business interruption.
- Any damage caused by failure to follow the instructions as indicated by the artists or Animare.eu or the failure to provide a safe work environment will be paid by the Customer.
- The restrictions to the liability, as contained in these general terms, shall not apply if the damage is due to an intentional act or gross negligence on the part of Animare.eu, or the artists or any managerial employees.
- Anne Vandelanotte (Animare.eu, Plan4Events & Eventsbooster) disclaims any and all responsibility or liability for possible errors made on this website, as well as the use or all the consequences of the use of this information on this website by any third party. Certain information is no longer accurate after a period of time. Anne Vandelanotte (Animare.eu, Plan4Events & Eventsbooster) accepts no responsibility for the consequences of all activities undertaken on information provided on this website and is not responsible if the information is outdated.
Therefore Anne Vandelanotte (Animare.eu, Plan4Events & Eventsbooster) cannot be obliged to pay any refund to the Customer.
- Anne Vandelanotte (Animare.eu, Plan4Events & Eventsbooster) rejects any liability in the event that the order has not been correctly executed. Before the execution of the agreement can begin, the Customer has to sign a PDF document and send it by mail or by post. Within 5 days the Customer has to inform Anne Vandelanotte (Animare.eu, Plan4Events & Eventsbooster) by mail if changes should be made or if errors should be determined. The Customer should communicate per e-mail a corrected version of the agreement. Anne Vandelanotte (Animare.eu, Plan4Events & Eventsbooster) accepts only photographs related to the company of the Customer in question. Anne Vandelanotte (Animare.eu, Plan4Events & Eventsbooster) cannot be held responsible in the event that the Customer provides photographs that he does not possess.
- Anne Vandelanotte (Animare.eu, Plan4Events & Eventsbooster) does not accept responsibility for the content of advertisements provided by the Customer. The Customer safeguards Anne Vandelanotte (Animare.eu, Plan4Events & Eventsbooster) against any claim by third parties with respect to the advertising content provided by him. The materials delivered or made available by the Customer to Anne Vandelanotte (Animare.eu, Plan4Events & Eventsbooster) for the execution of the agreement, may not infringe on any patent, license, copyright, registered drawing or design, trademark or trade name. The Customer safeguards Anne Vandelanotte (Animare.eu, Plan4Events & Eventsbooster) against any claims of this nature and will compensate all the costs ensuing from such claims.
- The Customer shall bear the risk of the inaccuracies in the text provided by him.
- These general terms and conditions and the intellectual property rights shall apply to all agreements and services as well as to all the mentioned websites of Anne Vandelanotte, VAT number: BE 0667.816.789.
Anne Vandelanotte (Animare.eu, Plan4Events & Eventsbooster) is the legitimate owner of the following company names: eventplanner4u.be, eventplanner4u.nl, eventplanner4u.fr, eventplanner4.eu, eventplanner4uco.uk, eventplanner4u.com, Plan4events.be, Plan4events.nl, Plan4events.fr, Plan4events.eu, Eventsbooster.be, Eventsbooster.nl, Eventsbooster.co.uk, Eventsbooster.fr, Eventsbooster.eu & Eventsbooster.com.
Article 7. Safeguard
- The Customer safeguards Animare.eu and the artists against possible claims by any third parties, which suffer damages in connection with the execution of the agreement for which other parties than Animare.eu or the artist are liable. If Animare.eu or the artists should be addressed by virtue of this by third parties, the Customer is obliged to both extra-judicially and judicially assist Animare.eu and the artists and immediately do everything that may be expected from him in that case. Should the Customer fail to take the adequate measures, then Animare.eu or the artists are entitled to take action themselves, without any notice of default. All costs and damage that has thereby occurred at the side of Animare.eu or the artists and third parties are integrally at the expense and risk of the Customer.
Article 8. Intellectual property
- Animare.eu or the artists reserve the rights and powers to which they are entitled under the law of copyright and other intellectual laws and regulations. Animare.eu or the artists have the right to use by the execution of an agreement at their side increased knowledge for other purposes, provided that no strictly confidential information of the Customer will be notified to third parties.
- The texts, drawings, photographs, films, images, data, databases, software, names, trademarks and domain names, brands, logos and other components of this site are protected by intellectual property rights and belong to Anne Vandelanotte (Animare.eu, Plan4Events & Eventsbooster) or third parties. The website is also a database protected under the law of copyright and the legislation on the protection of databases. It is prohibited without prior written consent to store wholly or partially the information provided on or via this website (other than to be able to view the website), reproduce, modify, disclose, distribute or transmit information and sell or otherwise transfer any rights to third parties.
- Offering, soliciting or placing photographs that are subject to the copyright or portrait rights of someone else is not permitted. Texts and/or photographs of third parties may not be used without the permission of the rightholder. It is not permitted to use protected names or logos of Anne Vandelanotte (Animare.eu, Plan4Events & Eventsbooster) and companies in your advertisement other than the name of the company that made or produced the object you advertise.
- It is not permitted to include a disclaimer regarding the authenticity or legality of the object you are offering. Advertisers should ensure that their photos are authentic before offering them. If you are in doubt about the authenticity of an object, do not offer it.
Article 9. Unauthorized use
You undertake, inter alia: not to use the information in an unlawful, illegal manner or in a way that may directly or indirectly harm the affiliated companies or service providers, distributors, customers or any other third party. Not to use the website in such a way that it infringes the rights of a natural person, legal entity or association, such as, but not limited to, the rights of privacy and intellectual property. To use the website in accordance with the applicable specific code(s) of conduct and notifications published on the sites referred to. Not to use the website in such a way as to damage, distort, disrupt, interrupt, stop or otherwise render the website less efficient. Not to use the website for transmission or posting of computer viruses, or for transmission or posting of illegal or unlawful material, or of material that is inappropriate in any way (including, but not limited to material of defamatory, obscene or threatening character. Not to use the website for posting and transmission of material for promotional or advertising purposes without prior consent unless requested by the recipient. In the event of your failure to observe intellectual rights, other rights of Anne Vandelanotte or third parties, you undertake to indemnify and hold harmless Anne Vandelanotte (Animare.eu, Plan4Events & Eventsbooster) against any claims or demands of Anne Vandelanotte (Animare.eu, Plan4Events & Eventsbooster) or of third parties as a result of an infringement thereof. Anne Vandelanotte (Animare.eu, Plan4Events & Eventsbooster) collaborates with external partners to offer certain information and services via this site. Anne Vandelanotte (Animare.eu, Plan4Events & Eventsbooster) will in no event be held liable for violations of the law, intellectual property rights or other rights of third parties by such partners and expressly disclaims any liability in this respect. Nor can Plan4Events/Anne Vandelanotte be held responsible for inaccuracies in the information of third parties.
Article 10. Trademarks and Tradenames
the logo and company name are trademarks and/or trade names legally protected throughout Europe. Any use of these or similar signs is strictly prohibited without the prior written consent of Anne Vandelanotte (Animare.eu, Plan4Events & Eventsbooster).
Article 11. Links to other websites
This website may contain hyperlinks to other web pages or websites of third parties, as well as other parties, or refer to them in any way. Anne Vandelanotte (Animare.eu, Plan4Events & Eventsbooster) has no control over the content or other characteristics of these websites. And Anne Vandelanotte (Animare.eu, Plan4Events & Eventsbooster) can under no circumstances be held responsible for the content or characteristics of these sites and these pages. The placing of links by Anne Vandelanotte (Animare.eu, Plan4Events & Eventsbooster) does not in any way give an implicit approval of the content of these websites or the web pages.
Article 12. Territorial jurisdiction
In case of dispute, only the courts of the place where the author has his place of work shall (Bruges) are deemed competent. In the event of a dispute with a user within the meaning of the law of 14 July 1991, the dispute will in any event be brought before the competent court pursuant to article 624,1,2 or 4 of the Judicial Code.
Article 13. Applicable law and disputes
- All legal acts in Animare.eu or the artists are a party are solely governed by Dutch law also if an agreement is partially or in whole carried out abroad or if the party that is involved with the legal relationship has its residence there. the applicability of the Vienna Sales Convention is excluded.
- The court in n the district where Animare.eu has its registered office, has exclusive competent jurisdiction to take cognizance of any dispute, except if otherwise required by law. Animare.eu nevertheless has the right to submit the dispute to the court which, according to the law, has jurisdiction.
- Parties will first appeal to court only after turning to the utmost to solve a dispute by mutual agreement.
Article 14. Location and modification of conditions
- These conditions can be found on the website of Animare.eu.
- The latest version, or the version as applicable at the time of the establishment of the legal relationship with Animare.eu, shall always apply.
- The Dutch text of the general terms and conditions is always decisive for its interpretation.
Anne Vandelanotte (Animare.eu, Plan4Events & Eventsbooster) respects the privacy of all users of her site and treats all personal information confidentially and carefully. For more information about rates on our websites, please contact firstname.lastname@example.org.
Article 15. Privacy and security
- Animare.eu guarantees that the identity of the customer will not be used for advertising purposes, unless otherwise agreed.
- All information and content on this website and the websites serves as a reference. Animare.eu reserves the right to change the information without prior notice.
- All articles, photos and texts on this website are subject to change without notice.
- Animare.eu declines all responsibility and liability for possible errors in the information provided on this website and for the use or consequences that may result from the use of this website by third parties.
- All information, documents, texts and pictures remain property of Animare.eu.
- The data provided by you as a customer will be used exclusively for billing purposes. In other words: Surname, first name, address, telephone and e-mail.
- Your email will only be used for mailings. You can subscribe to the newsletter or by e-mail with the comment "unsubscribe".
- You can send us your comment or possible suggestions by e-mail.
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