GENERAL TERMS AND CONDITIONS
Identity
We are Tinkel.
Our trading name is Tinktank BV.
Hutsepotstraat 113, 9052 Gent – België
Telephone: 09 277 10 10
KBO / BTW BE 0845 787 441
hello@tinkel.com
Article 1: Scope of application
1.1) These General Terms and Conditions apply to all offers and services provided by BV Tinktank (also trading under the commercial name ‘Tinkel’), with registered office at Hutsepotstraat 113, 9052 Zwijnaarde, KBO number 0845.787.441, as well as to all agreements concluded between Tinktank and the Customer.
1.2) By concluding an Agreement with Tinktank or by (commencement of) performance of an Agreement, the Customer acknowledges the application of these General Terms and Conditions.
Article 2: Quotations
2.1) Each Offer is non-binding. Unless expressly stated otherwise, each Offer is valid for thirty (30) calendar days and will automatically expire after this period.
2.2) Tinktank reserves the right to correct any errors in the Offer at any time. Printing errors, material mistakes, and calculation errors in a Offer are not binding on Tinktank and must be corrected. Tinktank accepts no liability for any consequences thereof.
Article 3: Conclusion of an agreement
3.1) By placing an order with the Customer (in response to a Quote), the Agreement is concluded. Pursuant to Article VI.53, 12° of the CISG, the Customer does not have a right of withdrawal. If the Customer places an order for one or more third parties, it is solely the Customer’s responsibility to ensure that these third parties also accept these terms and conditions.
3.2) The Agreement will only be concluded once the first invoice, issued pursuant to Articles 4.14-4.3 of these general terms and conditions, has been effectively paid by the Customer. This means that until payment has been made, Tinktank will not set a date for an event.
3.3) If the Customer can obtain a Service by purchasing tickets via a website, for example, an Agreement will be concluded after the Customer has completed the ordering procedure and paid.
Article 4: payment methods and cancellation
4.1) Services for a total amount less than €3,000 excl. VAT – The full amount (100%) will be invoiced upon signing the quote or placing the order.
4.2) Services for a total amount less than €10,000 excl. VAT – 20% of the total amount will be invoiced upon signing the quotation – 75% of the total amount will be invoiced 5 months before the event – 100% of the total amount will be invoiced 2 months before the event
4.3) Services for a total amount from €10,000 excl. VAT – 20% of the total amount will be invoiced upon signing the quotation – 75% of the total amount will be invoiced 5 months before the event – 100% of the total amount will be invoiced 3 months before the event
4.4) The invoice and the Products or Services stated therein shall be deemed to have been definitively accepted by the Customer if the Customer does not protest in writing within 8 working days after the invoice date.
4.5) In the absence of payment of the invoice on the due date, the amount due will automatically and without any prior notice be increased by a default interest of 10% per year as well as a fixed compensation of 10% on the outstanding amount.
4.6) If the Customer fails to comply with the payment terms, Tinktank has the right to suspend its services and the further provision of the Services. Tinktank is, of course, in no way liable if this ultimately results in the Services not being able to continue.
Article 5. Cancellation
5.1) If the Customer cancels the Services, he shall owe Tinktank the following amounts depending on the date of cancellation:
5.1.1) fixed formats (Wonderhut, Wondertuin, standard production Wonderwoud, …) a) For Services for a total amount less than €10,000 excl. VAT – Up to 9 months before the event: 20% of the total amount – Up to 6 months before the event: 50% of the total amount – Up to 3 months before the event: 75% of the total amount – From 1 month before the event: 100% of the total amount b) For Services for a total amount from €10,000 excl. VAT – Up to 9 months before the event: 10% of the total amount – Up to 6 months before the event: 50% of the total amount – Up to 3 months before the event: 60% of the total amount – From 3 months before the event: 75% of the total amount – From 1 month before the event: 100% of the total amount
5.1.2) custom formats (custom-made projects) – Up to 3 months before the event: 10% of the total amount – From 3 months before the event: 60% of the total amount
5.2) If Tinktank cancels the Services, except in the event of force majeure as stated in Article 6 of these general terms and conditions, Tinktank shall owe the Customer the same compensation as stated above in Article 5.
Article 6. Force Majeure
6.1) Tinktank is entitled to cancel the Services if a force majeure situation occurs. Given that the Services often take place outdoors, storms, thunderstorms, and winds of at least 5 Beaufort also constitute force majeure situations for such outdoor activities.
6.2) In the event of force majeure, Tinktank will, in consultation with the Customer, either arrange another event on another date or refund the Customer after deducting the costs already incurred by Tinktank.
Article 7. Implementation
7.1) Tinktank is bound by an obligation of means when performing the Services.
7.2) Complaints regarding the Services must be reported by the Customer by registered letter no later than 8 days after performance of the Services, failing which they will be deemed to be late.
7.3) The Client must always keep in mind that the Services are sometimes held outdoors, often in a forest. Therefore, the Client must provide appropriate clothing and footwear, as the surface is naturally not level.
7.4) The special conditions at the time of booking must be respected by the Customer.
Article 8. Liability
8.1) To the extent that Tinktank is liable to pay any compensation to the Customer as a result of proven error, this will always be limited to direct damage, with the exclusion of indirect damage such as consequential damage or lost profits.
8.2) The maximum amount of compensation owed by Tinktank will, unless in the event of proven intent on the part of Tinktank, be limited to an amount equal to the amount of the Services provided to the Customer under the agreement.
Article 9. Protection and processing of personal data
9.1) Each Party shall at all times comply with its respective obligations under applicable law regarding the processing of personal data in relation to any personal data that may be processed under this Agreement.
Article 10. Intellectual property
All intellectual property rights and other proprietary rights relating to the Services, as well as any modifications and/or extensions, belong to Tinktank.
Article 11. Applicable law and competent court
These Terms and Conditions are governed by Belgian law. In the event of any disputes concerning the implementation and/or interpretation of these Terms and Conditions that cannot be settled amicably, the courts of the judicial district of East Flanders, Ghent division, shall have jurisdiction.