GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS - IVY OFFICE.

Last updated on September 30, 2021

Definitions

Ivy Office: Ivy Office Hilversum B.V., established in Hilversum, Chamber of Commerce no. 83479244.
Customer: the party which Ivy Office has entered into an agreement with.
Parties: Ivy Office and customer together.
Consumer: a customer who is an individual acting for private purposes.

Applicability

These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Ivy Office.
Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

All prices used by Ivy Office are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
Ivy Office is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
Increases in the cost prices of products or parts thereof, which Ivy Office could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.
The price with regard to services is determined by Ivy Office on the basis of the actual working hours.
The price is calculated according to the usual hourly rates of Ivy Office, valid for the period in which he carries out the work, unless a different hourly rate has been agreed.
If the parties have agreed on a total amount for a service provided by Ivy Office, this is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.
Ivy Office is entitled to deviate up to 10% of the target price.
If the target price exceeds 10%, Ivy Office must let the customer know in due time why a higher price is justified.
If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%.
Ivy Office has the right to adjust prices annually.
Ivy Office will communicate price adjustments to the customer prior to the moment the price increase becomes effective.
The consumer has the right to terminate the contract with Ivy Office if he does not agree with the price increase.

Payments and payment term - Store

Products are immediately paid for in the store.

Terms of Use

Once payment is received, the customer will have access to Ivy Office’s booked service. This will be applicable during opening hours of Ivy Office.
The customer will have full access to Ivy Office’s internet, printer and scanner (within manageable proportions).
It is prohibited to use Ivy Office’s internet for spreading a virus or inappropriate content of any kind.
Ivy office trusts the customer to treat the furniture, the equipment provided by the company and any other belongings of Ivy Office with respect and care.
It is not allowed to shoot professional content at Ivy Office without having permission of Ivy Office.
Any food or beverages that are not provided by Ivy Office are not allowed to be consumed at our property.

Meeting Rooms

Reservations for the meeting rooms can be made online via our website or via direct contact with Ivy Office. Payment in advance is required.
The minimum number of people is two per meeting room.
The boardroom has a fixed price per half or full day. This is the only room with an electronic screen. It is the customers’ responsibility to check with Ivy office in advance whether their electronic device is compatible with ours.
Any costs made by Ivy Office that are related to the service, such as personal adjustments, will be charged to the customer if they are cancelling within 24 hours prior to the booking. Ivy Office is allowed to deduct this from the refund.

Events

At Ivy Office it is possible to make use of our venue besides our regular opening hours. The type of events given should be in line with our concept. Any queries with regards to renting our venue, can be done through direct contact with Ivy Office.
Events can be booked up to two weeks in advance. A payment in advance is required. Bookings made within two weeks of the event, are non-refundable in case of cancellation. Bookings made outside these 2 weeks, only if specific is indicated at event text.
Cancellation should be done within two weeks prior to the event free of charge. Any costs made by Ivy Office prior to the booking that are related to the service and non-refundable, will be charged to the customer.

Cancellation policy

Ivy Office allows the customer to cancel their booking free of charge until 24 hours prior to the booking. Every cancellation within 24 hours of the booking, will be fully charged.
The booking can be cancelled via direct contact with Ivy Office or by responding to the confirmation email.
In case of exceptional circumstances Ivy Office will try to find a suitable solution in order to achieve mutual satisfaction.

Consequences of late payment

If the customer does not pay within the agreed term, Ivy Office is entitled to charge an interest of 2% per month for non-commercial transactions and an interest of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.
When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Ivy Office.
The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
If the customer does not pay on time, Ivy Office may suspend its obligations until the customer has met his payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Ivy Office on the customer are immediately due and payable.
If the customer refuses to cooperate with the performance of the agreement by Ivy Office, he is still obliged to pay the agreed price to Ivy Office.

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

Ivy Office can appeal to his right of retention of title and in that case retain the products sold by Ivy Office to the customer until the customer has paid all outstanding invoices with regard to Ivy Office, unless the customer has provided sufficient security for these payments.
The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Ivy Office.
Ivy Office is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement

The customer waives his right to settle any debt to Ivy Office with any claim on Ivy Office.

Guarantee

When parties have entered into an agreement with services included, these services only contain best-effort obligations for Ivy Office, not obligations of results.
The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

Exchange

Exchange is only possible if the following conditions are met:

exchange takes place within 14 days after purchase upon presentation of the original invoice
the product is returned in the original packaging or with the original (price) tags still attached to it
the product has not been used

Discounted items, non-shelf articles such as food, custom made items or specially adapted articles for the customer cannot be exchanged.

Performance of the agreement

Ivy Office executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
Ivy Office has the right to have the agreed services (partially) performed by third parties.
The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.
It is the responsibility of the customer that Ivy Office can start the implementation of the agreement on time.
If the customer has not ensured that Ivy Office can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.

Duty to inform by the customer

The customer shall make available to Ivy Office all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.
The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
If and insofar as the customer requests this, Ivy Office will return the relevant documents.
If the customer does not timely and properly provides the information, data or documents reasonably required by Ivy Office and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.

Data Protection

Ivy Office has the right to collect personal data about the customer, in order to improve and inform the customer about the services. This includes Ivy Office adding the customer to the mailing list, of which the customer can unsubscribe from at any moment.
The collected personal data could be processed by third parties that are contributing to Ivy Office’s management and the processing and implementation of the services.
Ivy office has video surveillance. This is for the company and the customer’s safety with business purposes only. The data will be handled with care.
The customer has the right to access, amending and resisting against the collected personal data. More information can be found in Ivy Office’s privacy policy.

Duration of the agreement

The agreement between Ivy Office and the customer is entered into for an indefinite period of time, unless it results otherwise from the nature of the agreement or the parties have expressly agreed otherwise in writing.
If a fixed-term contract has been entered into, it will be tacitly converted into an open-ended contract at the end of the term, unless 1 of the parties terminates the contract with due observance of a notice period of 2 month(s), or if a consumer terminates the agreement with due observance of a notice period of 1 month / the agreement ends at the end of the fixed term.
If the parties have agreed upon a term for the completion of certain activities, this is never a strict deadline, unless specified explicitly otherwise in writing. If this term is exceeded, the customer must give Ivy Office a written reasonable term to terminate the activities, before it may either terminate the contract or claim damages.

Cancellation of the contract for an indefinite period of time

The customer can terminate an agreement that has been concluded for an indefinite period at any time with due observance of a notice period of 2 months.
A consumer has the right to terminate an agreement for an indefinite period with due observance of a notice period of 1 month.

Confidentiality

The client keeps any information he receives (in whatever form) from Ivy Office confidential.
The same applies to all other information concerning Ivy Office of which he knows or can reasonably suspect that it is secret or confidential, or of which it can expect that its disclosure may cause damage to Ivy Office.
The customer takes all necessary measures to ensure that he keeps the information referred to in paragraphs 1 and 2 secret.
The obligation of secrecy described in this article does not apply to information:
- which was already made public before the customer heard this information or which later became public without being the result of a violation of the customer's duty to confidentiality
- which is made public by the customer due to a legal obligation
The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after the end thereof.

Penalties

If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then he forfeits on behalf of Ivy Office an immediately due and payable fine of € 1000 if the customer is a consumer and € 5000 if the customer is a company, for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues.
No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article.
The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of Ivy Office including its right to claim compensation in addition to the fine.

Indemnity

The customer indemnifies Ivy Office against all third-party claims that are related to the products and/or services supplied by Ivy Office.

Complaints

The customer must examine a product or service provided by Ivy Office as soon as possible for possible shortcomings.
If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Ivy Office of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
Consumers must inform Ivy Office of this within two months after detection of the shortcomings.
The customer gives a detailed description as possible of the shortcomings, so that Ivy Office 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 can in any case not lead to Ivy Office being forced to perform other work than has been agreed.

Giving notice

The customer must provide any notice of default to Ivy Office in writing.
It is the responsibility of the customer that a notice of default actually reaches Ivy Office (in time).

Joint and several Client liabilities

If Ivy Office enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Ivy Office under that agreement.

Liability of Ivy Office

Ivy Office is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
If Ivy Office is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
Ivy Office is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
If Ivy Office is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

General Disclaimers

Ivy office cannot be held accountable for any loss or damages to the customer’s belongings. It is the customer's own responsibility to keep an eye on their belongings.
Ivy Office cannot be held responsible for any food or beverages provided by third parties.
It can be the case that third parties have any activities that are causing noise to the customer. Nevertheless, Ivy Office will do their best to avoid or minimize these noises within their ability. However, Ivy Office cannot be held responsible for any disturbance caused by third parties.
The customer can book a seat online according to their liking, however this is the customers own responsibility. Ivy Office cannot be held accountable for dissatisfaction with regard to the seat.
Ivy Office trusts its customers to behave professionally and to not disturb other customers. For phone calls we provide a soundproof phone booth.

Expiry period

Every right of the customer to compensation from Ivy Office shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.

Dissolution

The customer has the right to dissolve the agreement if Ivy Office imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
If the fulfillment of the obligations by Ivy Office is not permanent or temporarily impossible, dissolution can only take place after Ivy Office is in default.
Ivy Office has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Ivy Office good grounds to fear that the customer will not be able to fulfill his obligations properly.

Force majeure

In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Ivy Office in the fulfillment of any obligation to the customer cannot be attributed to Ivy Office in any situation independent of the will of Ivy Office, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Ivy Office .
The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, delivery men or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a situation of force majeure arises as a result of which Ivy Office cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Ivy Office can comply with it.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
Ivy Office does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Changes in the general terms and conditions

Ivy Office is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Major changes in content will be discussed by Ivy Office with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

The customer cannot transfer its rights deferring from an agreement with Ivy Office to third parties without the prior written consent of Ivy Office.
This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

Consequences of nullity or annullability

If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Ivy Office had in mind when drafting the conditions on that issue.

Applicable law and competent court

Dutch law is exclusively applicable to all agreements between the parties.
The Dutch court in the district where Ivy Office is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

These general terms and conditions are part of our house rules and privacy policy and can all be found on our website www.ivyoffice.nl