General Terms and Conditions
Article 1. Definitions
1.1. In these general terms and conditions the following terms are used in the following meaning, unless explicitly stated otherwise or if the context shows otherwise:
1.a. Candra Hospitality: the user of these terms and conditions: Candra Hospitality located at Hullenbergweg 278 in Amsterdam, registered with the Chamber of Commerce under the Chamber of Commerce number; 64485706
1.b. Client: the company or private person on behalf of whom Candra Hospitality performs work, or with whom Candra Hospitality enters into an agreement or a service contract;
1.c. Agreement: the agreement between Candra Hospitality and the client;
1.d. Service agreement : the agreement between the client and Candra Hospitality whereby the agreed service contract is performed by Candra Hospitality;
Article 2. General
2.1.These general terms and conditions apply to every agreement between Candra Hospitality and the client.
2.2. Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing or via the e-mail between the client and Candra Hospitality
2.3. The applicability of any purchase or other conditions of the client is explicitly rejected.
2.4. If one or more of the provisions in these general terms and conditions are void or may be nullified, the other provisions of these general terms and conditions remain fully applicable. Candra Hospitality will consult with the client, to agree on new provisions to replace the voided or nullified provisions, whereby the purpose and intent of the original provision will be considered as far as possible.
Article 3. Offers and quotations
3.1. All offers are without obligation, unless otherwise indicated.
3.2. Offers have a validity of 14 days after the quotation date.
3.3. Offers or quotations do not automatically apply to future assignments.
3.4. Obvious errors or mistakes on the website, in folders, publications, quotations and mentioned data do not bind Candra Hospitality. Article 4. Conclusion of the agreement
Article 4. Conclusion of the agreement
4.1. The agreement is, subject to the provisions in paragraph 3, concluded now of acceptance by the client of the offer and the fulfilment of the corresponding conditions.
4.2. If the client has accepted the offer electronically, Candra Hospitality will immediately confirm electronically the receipt of the acceptance of the offer. If the receipt of this acceptance has not been confirmed by Candra Hospitality, the client can terminate the agreement.
4.3. If the agreement is concluded electronically, Candra Hospitality will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the client can pay electronically, the entrepreneur will observe appropriate security measures.
4.4. Candra Hospitality can – within the legal framework – inform whether the client can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If Candra Hospitality, based on this investigation, has good reasons not to enter into the agreement, it is entitled to refuse an order or request, motivated or to attach special conditions to the execution.
4.5. Candra Hospitality will send the following information, in writing or in such a way that it can be stored by the client in an accessible manner on a durable medium.
4.5a. the visiting address of the Candra Hospitality branch where the client can file complaints;
4.5b. The right of withdrawal cannot be used on purchases from Candra Hospitality
4.5c. The information about guarantees and existing service after purchase;
4.5d. The information included in Article 4 paragraph 3 of these conditions, unless Candra Hospitality has already provided this information to the client before the execution of the agreement;
4.5e. The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
4.6. Each agreement is entered under the suspensive conditions of sufficient availability of the products concerned.
Article 5. Execution of the agreement
5.1. Candra Hospitality carries out the agreed activities as stated in the agreement.
5.2. Candra Hospitality will endeavour to execute the agreement in a careful manner, in accordance with the requirements of good workmanship.
5.3. Candra Hospitality is partly dependent on its suppliers and external personnel / external installers when carrying out its work.
5.4. If changes occur in the delivery process due to the actions of Candra Hospitality, its suppliers or external personnel / external installers, the client will be informed about this as soon as possible.
Article 6. Obligations of the client
6.1. After the client has signed the agreement, the client ensures that all data, of which Candra Hospitality indicates that these are necessary or of which the client should reasonably understand that these are necessary for the execution of the agreement, such as: building technical schemes passwords. etc., are available in time. If the client has not fulfilled this obligation, Candra Hospitality has the right to suspend the execution of the agreement.
6.2. The client must refrain from conduct that makes it impossible for Candra Hospitality to carry out the assignment properly.
6.3. Candra Hospitality assumes that the client fulfils all his legal obligations.
6.4. The client will indemnify Candra Hospitality against claims from third parties that suffer damage in connection with the execution of the order resulting from the act or omission of the client.
6.5. The client is obliged to inform Candra Hospitality immediately about facts and circumstances that may be important in connection with the execution of the agreement.
Article 7. Modification of the agreement
7.1. If it becomes apparent during the execution of the agreement that it is necessary for a proper execution to change or supplement the work to be performed, the parties shall adjust the agreement accordingly in due time and in mutual consultation.
7.2. If the nature, scope or content of the agreement, whether at the request or instruction of the client is changed, then this may have consequences for the originally agreed price.
7.3. By changing the agreement, the originally stated delivery period can be changed.
Article 8. Service agreement
8.1. If the client enters into a service agreement for a fixed period that extends to the regular delivery of products and / or services, it cannot be terminated prematurely during this period. If this period expires without notice, this service agreement is automatically extended by 1 year each time.
8.2. A month’s notice period is assumed.
8.3. Any published rates on the website and in other media are valid within the Netherlands and up to 100 KM across the national borders.
8.4. Termination of the service agreements is only possible in writing or by email.
Article 9. Rates
9.1. The mentioned prices and / or rates are exclusive of VAT. Unless explicitly stated otherwise.
9.2.Candra Hospitality is entitled to adjust its rates from time to time.
9.3. If the rates rise during the agreement, then the client has the right to dissolve the agreement. The client is informed in writing or via the e-mail of tariff and / or price changes.
9.4. An increase in the rates due to an increase in sales VAT or another statutory measure is no reason for dissolution.
Article 10. Payment
10.1. When entering into an agreement with Candra Hospitality, 40% of the invoice must be paid in advance.
10.2. 60% of the invoice must be paid upon delivery.
10.3. For orders with a total value from € 20,000 and above, other payment conditions mentioned in articles 10.3a, 10.3b. and 10.3c apply.
10.3a. When accepting the agreement, 40% of the invoice must be paid in advance.
10.3b. 40% of the invoice must be paid when materials and personnel are on site.
10.3c. 20% of the invoice must be paid upon completion of the order.
10.4. When entering into a service agreement, the monthly amount is invoiced in advance. Hours worked, and call-out costs are invoiced afterwards.
10.5. The client must pay the invoices received from Candra Hospitality within 7 days of the invoice date. except for the conditions mentioned in article 10.2. | 10.3b. The invoices must be paid with:
- Bank guarantee
- Cash payment
- Electronic payment
- debit/credit card payment
10.6. If the payment term of 7 days is exceeded, the client will owe the statutory commercial interest, in accordance with article 6: 119a of the Dutch civil law, from the date on which the due sum becomes due and payable up to the time of payment. In addition, all costs of collection, after the client is in omission, both judicial and extrajudicial costs, are at the expense of the client. The extrajudicial collection costs are set at 15% of the amount of the principal of the claim with a minimum of € 100,00.
10.7. In the event of liquidation, bankruptcy, attachment or suspension of payment of the client, the claims of Candra Hospitality on the client are due immediately.
10.8. Candra Hospitality may retain the goods, property rights, data, documents, data files received or generated under the agreement, despite an existing obligation to issue, until the client has paid all amounts due to Candra Hospitality.
Article 11. Delivery times
11.1. Candra Hospitality will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
11.2. The place of delivery is the address that the client has made known to Candra Hospitality.
11.3. With due observance of the provisions in paragraph 4 of this article, the company will deliver accepted orders within a specified period. If the delivery is delayed, or if an order cannot or only partially be executed, the client will receive notice of this no later than 30 days after placing the order. The client is not entitled to compensation.
11.4. The delivery times stated by Candra Hospitality cannot be regarded as a deadline. Exceeding a term does not entitle the client to compensation.
11.5. If delivery of an ordered product proves to be impossible, Candra Hospitality will endeavour to make a replacement product available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement product will be delivered. The costs of any return shipment will be on behalf of Candra Technology.
11.6. The risk of damage and / or loss of products rests with Candra Hospitality until the time of delivery to the client or a representative appointed in advance and made known to Candra Hospitality, unless expressly agreed otherwise.
11.7. If a delivery time agreed with the client is exceeded because of an event, which is in fact outside the control of Candra Hospitality and cannot be attributed and / or allowed to be attributed to it, as described in article 16 of these general terms and conditions. conditions, this period is automatically extended by the period that it was exceeded because of such an event.
11.8. If the client simultaneously offers several signed agreements to Candra Hospitality, the delivery time may be longer than the standard delivery time or the delivery time that the client is accustomed to.
Article 12 – Conformity and Guarantee
12.1. Candra Hospitality guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement. or government regulations. If agreed, Candra Hospitality also guarantees that the product is suitable for other than normal use
12.2. A guarantee provided by Candra Hospitality, manufacturer or importer does not affect the legal rights and claims that the client can assert against Candra Hospitality based on the agreement.
12.3. Any defects or incorrectly delivered products must be reported to Candra Hospitality in writing within 14 days after delivery. Return of the products must be in the original packaging and in new condition.
12.4. The warranty period of Candra Hospitality is 12 months. Candra Hospitality is never responsible for the ultimate suitability of the products for each individual application by the client, nor for any advice regarding the use or application of the products.
12.5. The guarantee does not apply if:
12.5a. The client has repaired the delivered products himself and / or processed or has third parties repaired and / or processed.
12.5b. The delivered products are exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of Candra Hospitality and / or on the packaging.
12.5c. The inadequacy in whole or in part is the result of regulations that the government has made or will make regarding the nature or the quality of the materials used.
Article 13. Complaints
13.1. Complaints about the work performed must be made known to Candra Hospitality directly by the client. The notice of default must contain a detailed description as possible of the shortcoming, so that Candra Technology is able to respond adequately.
13.2. After submitting the complaint, the client must give Candra Hospitality the opportunity to examine the justification of the complaint and, if necessary, given the opportunity to still perform the agreed work.
13.3. If the performance of the agreed work is no longer possible or useful, Candra Hospitality will only be liable within the limits of article 15 of these general terms and conditions.
Article 14. Suspension and dissolution
14.1. Candra Hospitality is entitled to dissolve the agreement if the client does not fulfil the obligations under the agreement.
14.2. In addition, Candra Hospitality is authorized to dissolve the agreement if circumstances arise which are of such a nature that compliance with the agreement is impossible or can no longer be demanded according to standards of reasonableness and fairness, or if circumstances arise which are of such a nature unchanged maintenance of the agreement cannot reasonably be expected.
14.3. Candra Hospitality is entitled to suspend the fulfilment of the obligations arising from the agreement if:
14.3a. after the conclusion of the agreement Candra Hospitality has become aware of circumstances that give good grounds to fear that the client will not fulfil the obligations. In case there is good reason to fear that the client will only partially or improperly fulfil its obligations, the suspension is only permitted insofar as the shortcoming justifies it;
14.3b. the client at the end of the agreement is requested to provide security for the fulfilment of its obligations under the agreement and this security is not provided or is insufficient.
14.4. Candra Hospitality is authorized to dissolve the agreement if the client requests suspension of payment or if it is granted to the client, if the client is declared bankrupt or a request to that effect is made, if the client is unable to pay his debts, to terminate or liquidate his company, be placed under guardianship, or in case an administrator or curator is appointed.
14.5. If the agreement is dissolved, the claims of Candra Hospitality on the client are due immediately. If Candra Hospitality suspends the fulfilment of the obligations, it will retain its rights under the law and the agreement.
Article 15. Liability and prescription
15.1. Candra Hospitality cannot be held to compensate for any damage that is a direct or indirect consequence of:
15.1a. An event, which is in fact beyond its control and thus cannot be attributed to Candra Hospitality such as further described in article 16 of these general terms and conditions.
15.1b. Any act or negligence on the part of the client, his subordinates, or other persons who have been put to work by or on behalf of the client.
15.2. Candra Hospitality is not liable for damage of any nature whatsoever, because Candra Hospitality has assumed incorrect and / or incomplete information provided by the client. Unless this inaccuracy or incompleteness should have been known to Candra Hospitality.
15.3. Candra Hospitality cannot be held liable for the publication and / or reproduction of confidential information by third parties.
15.4. Candra Hospitality cannot be held liable for damage that has occurred because third parties do not wish to cooperate or because third parties provide incorrect or incomplete information to Candra Technology.
15.5. Candra Hospitality is never liable for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business stagnation.
15.6. If Candra Hospitality is liable for any damage, the liability of Candra Hospitality is limited to the amount of the payment made by the insurer of Candra Technology. If in any case the insurer fails to pay, or the damage is not covered by the insurance, the liability of Candra Technology is limited to the amount of the invoice, at least to that part of the invoice to which the liability relates.
15.7. The limitations of liability included in these general terms and conditions do not apply if the damage is due to intent or gross negligence of Candra Hospitality.
15.8. Claim rights and other powers of the client for whatever reason against Candra Hospitality expire in any case after the expiration of 1 year from the moment that a fact arises that the client can use these rights and / or powers towards Candra Hospitality.
Article 16. Force majeure
16.1. If events that are in fact beyond the control of Candra Hospitality, or do not or cannot be attributed to Candra Hospitality, then in any case are considered: obstacles by third parties, including those of governments, such as: the inaccessibility of third parties by for example vacation, illness, strike or the bankruptcy of third parties or the inability of third parties to cooperate; special weather conditions; war or war danger; the taking of measures by the government or changes in actual circumstances.
16.2. When an event occurs, as indicated in paragraph 1 of this article, Candra Hospitality cannot be held to compensate any damage as a direct or indirect consequence thereof and will also be relieved of its obligation to deliver. In the event of an opportunity to still deliver and / or change, to deliver and / or execute, both Candra Hospitality and the client, possibly subject to adjustment of the amounts to be paid by the client, will be obliged to use them.
16.3. Insofar as Candra Hospitality has at the time of the occurrence of force majeure partially fulfilled its obligations under the agreement or will be able to comply with it, and the part that has been fulfilled or to be fulfilled has an independent value, Candra Hospitality is entitled to declare this part separately. The client is obliged to pay this invoice as if it were a separate agreement
Article 17. Confidentiality
17.1. The client is obliged to maintain confidentiality of all confidential information that it has obtained within the context of the agreement with Candra Hospitality or from another source. Information is considered confidential if this has been communicated by Candra Hospitality or if this arises from the nature of the information. The client will only use the confidential information for the purpose for which it was provided.
17.2. Based on a legal provision or a court decision Candra Hospitality is obliged to provide confidential information to third parties designated by the law or the competent judge and Candra Hospitality cannot invoke any legal or other legal recognition recognized by the law or the competent judge. allowed right of change, then Candra Hospitality is not obliged to pay damages or compensation and the client is not entitled to terminate the agreement based on any damage, arising from this.
Article 18. Intellectual property
18.1. The client indemnifies Candra Hospitality against claims from third parties relating to intellectual property rights on materials or data provided by the client, which are used in the execution of the agreement.
18.2. All documents provided by Candra Hospitality, such as reports, advice, agreements, etc., are exclusively intended to be used by the client and may not be reproduced, made public or known to third parties without prior permission from Candra Hospitality. unless otherwise ensuing from the nature of the documents provided.
Article 19. Applicable law and competent court
19.1. Dutch law applies to every agreement between Candra Hospitality and the client.
19.2. All disputes concerning agreements between the client and Candra Hospitality are submitted to the court in the district where Candra Hospitality’s headquarters is located.
Article 20. Legitimacy
20.1. These terms and conditions have been changed on 15-04-2017. The most recent version of these general terms and conditions apply to all quotations and agreed agreements.