General
This section of the general terms and conditions applies to any form of cooperation with FESTICUP.
1.1. These general terms and conditions apply to the conclusion, content and fulfilment of all agreements concluded with Festicup.
1.2. General terms and conditions of the Festicup Customer are expressly excluded by Festicup and only apply if it has been expressly agreed in writing that they shall apply to the agreement between the parties to the exclusion of these general terms and conditions.
1.3. Before an agreement is concluded, the Customer shall be given the opportunity to familiarise himself with the contents of these general terms and conditions.
1.4. The content of these general terms and conditions in the case of a transaction via the Webshop is transmitted to the Customer electronically. Festicup shall ensure that these general terms and conditions are made available in a simple manner and that the Customer is given the opportunity to save them on a durable data carrier or that a copy can be sent without additional costs. If the agreement is not concluded via the Webshop, the terms and conditions shall be sent in a pdf along with the quotation, order and/or invoice.
1.5. The content of these general terms and conditions in the case of a transaction via the Webshop is transmitted to the Customer electronically. Festicup shall ensure that these general terms and conditions are made available in a simple manner and that the Customer is given the opportunity to save them on a durable data carrier or that a copy can be sent without additional costs. If the agreement is not concluded via the Webshop, the terms and conditions shall be sent in a pdf along with the quotation, order and/or invoice.
1.6. Any concession by Festicup (such as, for example, but by no means exhaustive in terms of loss/cleaning costs/charging for unused cups/... ) is purely discretionary and purely for commercial reasons. The Customer can never derive any right from past concessions or discounts to similar situations in the future.
1.7. Changes and additions to the agreement are valid only if agreed in writing.
1.8. Festicup reminds its Customers to observe the following conditions of use:
1.8.1. Our products are made of quality plastics such as Polycarbonate, Copolymer, Polypropylene, SAN or Acrylic. These are intended for frequent reuse, however, under excessive load or pressure, the product can still break, splinter or deform.
1.8.2. the reusable cups are only intended for serving beverages suitable for the type of cup chosen. Here, there is only a crucial distinction to be made in serving hot drinks that can only be served in reusable cups made of Polypropylene or a Copolymer that is BPA-free such as Tritan Copolyester.
1.8.3. The reusable cups are best washed industrially and can withstand temperatures up to 95°C. If the Customer wishes to clean them in a domestic dishwasher, the Customer should avoid aggressive dishwashing products, often known as all-in formula tablets, to avoid damage to the cups and/or print. If the Customer wishes to clean them manually, the Customer should avoid hard abrasive elements to avoid scratches.
1.9. Festicup remains the exclusive holder of all intellectual property rights and/or know-how (in the broadest sense of the word) which it holds on goods and/or services supplied to it. The Customer guarantees Festicup that the data provided by the Customer do not infringe any intellectual property rights of third parties and shall indemnify Festicup for all adverse consequences if this turns out not to be the case.
1.10. Festicup receives personal data from the Customer and undertakes to use them only for the performance of the agreement or to comply with legal obligations. The Customer acknowledges and accepts that Festicup will process these personal data as a data controller in accordance with its privacy policy (https://www.festicup.be/nl_BE/page/privacy-policy ) and the provisions and principles of Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter the AVG). This means, among other things, that Festicup treats this personal data strictly confidentially and only discloses this personal data to third parties in exceptional circumstances. According to the AVG, the Customer always has the right to access, copy, object to processing, restriction of processing, data portability, withdrawal of consent, erasure, correction and supplementation of personal data. The Customer can exercise these rights by contacting info@festicup.be.
1.11. All invoices of Festicup are payable in cash at its registered office. In the event of full or partial non-payment of the debt on the due date, the amount due shall be increased, ipso jure and without notice of default, by interest equal to the Belgian legal interest rate plus 2%, with a minimum interest rate of 12% per annum, from the due date. In case of non-payment of the debt on the due date, by operation of law and without notice of default, the amount shall be automatically increased by 10%, with a minimum of € 40.00 and a maximum of € 2,500.00, even in case of granting of periods of grace, as a lump-sum compensation for extrajudicial costs. The non-payment of an invoice on its due date entitles Festicup to suspend, ipso jure and without notice of default, any further delivery of goods and/or services and entails, ipso jure and without notice of default: (1) the immediate exigibility of all invoices not yet due, both of Festicup and of its ancillary companies and (2) debt renewal and/or bilateral and/or multilateral set-off, both in favour of Festicup and of its ancillary companies. 'Ancillary firms' means companies belonging to the same group, it being understood that proof of this can be provided by any means of law.
1.12. The Customer accepts that electronic communications and backups may serve as evidence.
1.13. Belgian law applies exclusively to all agreements concluded and/or acts performed by Festicup; these agreements and/or acts are deemed to have been concluded and/or performed in Belgium. For all disputes arising from the agreements concluded between the parties, including the mere collection of the amount due, the Hasselt Court shall have exclusive jurisdiction.
Rental
This section of the general terms and conditions applies to any agreement whereby FESTICUP rents reusable cups to a Customer.
2.1. DEFINITIONS
In these general terms and conditions, the following definitions shall apply:
2.1.1. Renter-Consumer: this is any natural person who wishes to rent a product, whether or not through the Webshop, from Festicup and who is acting for purposes outside his trade, business, craft or profession and with which the Renter-Consumer does not pursue any profit motive
2.1.2. Hirer-Owner: this is any natural person, legal person and any other organisation without legal personality, who wishes to rent a product, whether or not through the Webshop, from Festicup and who is acting for purposes that fall within his trade, business, craft or professional activity and/or with any profit motive
2.1.3. Tenant: The Tenant-Consumer and the Tenant-Consumer jointly.
2.1.4. Webshop: Festicup's webshop https://www.festicup.be/shop
2.1.5. Loss: the loss, even beyond the Renter's control, of possession of the cups by the Renter where the Renter has no idea of the location of the cups.
2.2. OFFER
2.2.1. Festicup's range consists of sustainable and reusable cups.
2.2.2. The offers published through the Webshop may be changed by Festicup at any time.
2.2.3. Festicup pays great attention to the accuracy of the data on its Webshop. The electronic offers are also drawn up with the necessary care and accuracy. Nevertheless, Festicup cannot be held liable for material errors or inaccuracies and providing correct information is only an obligation of means. If a material error has occurred, Festicup is not bound by it.
2.2.4. Festicup cannot be held liable for limited stocks of its products or temporarily impossible delivery. In these circumstances, Festicup is always entitled to supply a different type of cup to that which was ordered insofar as this type of cup is suitable for serving and drinking the drink provided for that type of cup.
2.2.5. If no order is placed through the Webshop, all offers, in whatever form, are based on the prices currently in force and are valid for 14 calendar days. Consequently, the written acceptance of Festicup's offer, duly signed for agreement, and the corresponding payment on behalf of the Renter must be in Festicup's possession by the last day of the aforementioned period at the latest. After this deadline, Festicup is entitled to adjust the prices, whereby the Renter must decide within the deadline given in this adjusted offer whether the order will be carried out at the adjusted prices. In the absence of timely and correct acceptance and payment, Festicup has the right to refuse the order or to still carry it out but with another similar type of cup.
2.2.6. If an order is placed for an event going ahead on 14 calendar days or less than the date on which the quotation or order is requested from Festicup, the Hirer has a period of 36 hours to approve and pay for the quotation, failing which Festicup may act in accordance with clause 2.2.5.
2.3. THE RENTAL PROCESS WEBSHOP
2.3.1. The Renter accepts the offer from Festicup's Webshop through the following ordering process:
2.3.1.1. The Renter selects the products and adds them to his shopping basket.
2.3.1.2. The Renter clicks on the shopping basket and then receives an order summary.
2.3.1.3. The Renter enters his rental date and chooses his shipping method and cleaning option.
2.3.1.4. The Renter completes his billing and delivery details and confirms his order.
2.3.1.5. The Renter then chooses the desired payment method.
2.3.1.6. The Renter pays for his order.
2.3.1.7. If the payment is successful, Festicup will inform the Renter by sending an order confirmation. The rental agreement comes into effect on receipt of this confirmation.
2.3.2. The Renter can enter into a contract with Festicup in Dutch, French and English.
2.4. TERM OF THE AGREEMENT
2.4.1. This agreement is concluded for the predetermined period.
2.4.2. When determining the duration of the rental contract, part of a day is considered a whole day.
2.4.3. The rental period runs from the day the goods are delivered to the Renter (the Renter normally signs a receipt for this purpose, but the delivery/receipt of the goods can be proved in any way) until the day the goods are returned by the Renter to Festicup (Festicup normally signs a receipt for this purpose).
2.5. PRICE
2.5.1. Prices are always quoted in euros.
2.5.2. All prices quoted regarding the Renter-Consumer are exclusive of VAT and other government-imposed taxes, duties and charges, unless explicitly stated. Regarding the Renter-Consumer, the prices stated are in euros, including VAT and other charges and taxes.
2.5.3. Shipping and/or transport costs are never included in the price (see article 2.8)
2.5.4. The price quoted by Festicup for the performance to be carried out by it only applies to the performance in accordance with the agreed specifications.
2.5.5. In composite offers, there is no obligation to deliver part of the total performance at the amount stated for this part in the offer or at a proportionate part of the price stated for the whole.
2.6. PAYMENT
2.6.1. Payment must be made on approval of the offer and must thus be received by Festicup before the rented cups will be issued and/or delivered.
2.6.2. If payment is not made on time, Festicup has the option not to execute the order or to act in accordance with articles 2.2.5 and 2.2.6.
2.6.3. Should the Renter nevertheless be given the opportunity to pay later than provided for in Article 2.6.1, the Renter shall, unless otherwise agreed, pay the invoices within 10 calendar days of the invoice date, without being able to invoke any discount, set-off or suspension.
2.6.4. Festicup reserves the right, if the Renter-Buyer does not have to pay in advance and on approval of the order, to require from the Renter-Buyer at all times an advance payment of at least 30% of the price before delivery. Should there be reasonable doubt as to the fulfilment of the obligations on the part of the Buyer, the latter shall be obliged to provide security upon first request. In the event of postponement of payment, judicial reorganisation or bankruptcy, the customer shall not be entitled to demand the continuation of current contracts and/or we may make continuation subject to full prepayment.
2.6.5. The Hirer-Consumer is liable, in the event of late, non- or partial payment of an invoice on the due date after notice of default, to pay interest on arrears in accordance with the statutory interest rate, as well as liquidated damages of 10 per cent of the invoice amount with a minimum of 125 euros, without prejudice to all other rights and remedies available to Festicup. In the event of late, non or partial payment of an invoice on the due date, the Renter-Taker shall be liable, ipso jure and without notice of default, for interest on arrears in accordance with the Late Payment Act, as well as for liquidated damages of 10 per cent of the invoice amount with a minimum of 125 euros, without prejudice to all other rights and remedies available to Festicup.
2.6.6. If the Renter can enjoy the benefits of a commercial collaboration between Festicup and its brewer/wholesaler/trade partner/... then Festicup undertakes to deduct the discount granted by this brewer/wholesaler/trade partner/... from Festicup's invoice to the Renter. If the brewer/wholesaler/trade partner/... has not paid this intervention for whatever reason, the Renter accepts that Festicup may approach the Renter to obtain payment of the amount of this intervention/discount.
2.7. CANCELLATION / RIGHT OF WITHDRAWAL
2.7.1. CANCELLATION BY TENANT-ENTREPRENEUR
2.7.1.1. The Renter-Builder is entitled to cancel a contract before Festicup has started to execute the contract provided that he compensates Festicup for the loss resulting from this. These damages include the losses and loss of profit suffered by Festicup and in any case the costs which Festicup has already incurred in preparation, including those of reserved production capacity, purchased materials, services called in and storage, which are detailed below.
2.7.1.2. Reservations of reusable cups are subject to a cancellation fee according to the following terms: 4 weeks before delivery at 25%, 3 weeks before delivery at 35%, 2 weeks before delivery at 50%, 1 week before delivery at 90%.
2.7.2. RIGHT OF WITHDRAWAL FOR THE TENANT-CONSUMER
2.7.2.1. The Renter-Consumer who orders services from Festicup through the Webshop has the right, no later than 14 calendar days after entering into the agreement, to inform Festicup that he renounces his order, without cost and without reason.
2.7.2.2. To exercise the right of withdrawal, the Renter-Consumer shall send Festicup, within the withdrawal period of 14 calendar days, an unambiguous written declaration by post, by e-mail (retour@festicup.be) or via the website to inform Festicup of the decision to withdraw from the contract. This statement must contain at least the following elements:
2.7.2.2.1. Notice that the Renter-Consumer wishes to revoke the rental
2.7.2.2.2. Article description
2.7.2.2.3. Contact details Festicup
2.7.2.2.4. Tenant-Consumer contact details
2.7.2.2.5. Original order or invoice number
2.7.2.3. If the Renter-Consumer revokes the contract, he will receive back the amounts he has paid up to that point (excluding any additional costs resulting from his choice of a mode of delivery other than the cheapest standard delivery offered by Festicup) without delay and in any case no later than 14 days after the Renter-Consumer has revoked the contract in t.v. Art. 8.2.
2.7.2.4. The Renter-Consumer does not have this right of withdrawal after full performance of the service if performance has begun with the Renter-Consumer's express prior consent, and provided that the Renter-Consumer has acknowledged that he loses his right of withdrawal once Festicup has fully performed the contract. In this regard, the Renter-Consumer expressly acknowledges that he loses his right of withdrawal once the contract has been performed by Festicup.
2.7.2.5. If the Renter-Consumer cancels outside the aforementioned period or if the aforementioned formalities are not complied with, Festicup is entitled to compensation as set out in Article 2.7.1.2.
2.7.2.6. If the Renter-Consumer exercises the right of withdrawal after Festicup has started performing the services during the withdrawal period, the Renter-Consumer must pay Festicup an amount proportionate to what has already been delivered at the time the Renter-Consumer notified Festicup that he is exercising his right of withdrawal, compared to the full exercise of the contract.
2.8. DELIVERY & COLLECTION
2.8.1. In case of cup rental, the Renter has the choice between 2 delivery and collection options:
2.8.1.1. The rented goods are delivered and collected back by Festicup. In this case, the shipping costs are stated separately and calculated according to the Renter's delivery address.
2.8.1.2. The Renter itself collects the rented goods from Festicup in good time and returns the goods to Festicup in good time at the end of the rental period. No shipping costs apply, but the collection and return must take place within the current opening hours of Festicup's warehouse, as stated on Festicup's website. If collection or return delivery is not made on time, Festicup has the right to continue the rental, in which case a minimum fee of €250.00 per day will be charged.
2.8.2. The Renter gives his chosen delivery option to Festicup in advance. Festicup carries out deliveries/collections in Belgium and the Netherlands.
2.8.3. If the Renter prefers a mode of shipping other than that offered by Festicup as standard, these additional costs will be borne by the Renter.
2.8.4. Festicup and the Renter shall mutually agree on the time of delivery and collection.
2.8.5. Unless otherwise agreed between Festicup and the Renter, the following rates are charged for transport: € 150.00 (excl. VAT) for deliveries whose size is 1 pallet or less. If the delivery comprises more than 1 pallet, a surcharge of 100.00 € (excl. VAT) will be charged per pallet started.
2.8.6. On Delivery/collection of the rented goods by Festicup, the Renter must ensure that Festicup can reach the location where the rented goods are to be delivered/collected by passable road and at an agreed time which Festicup will indicate. Each loading/unloading address includes the first 15 to 30min (= 15min cups; 30min car wash). Additional delivery or pick-up attempts will have to be paid by the Renter at an additional cost of EUR 1.25/km driven, and this for the initial trip and additional trips. If the loading and unloading time is exceeded on site, EUR 17.50 per additional quarter-hour will be charged. The hirer must sort the cups in the containers provided and prepare them for collection. If the cups are not sorted in the bins, the Renter will be charged a triage fee of 0.03 EUR per cup (excluding VAT) with a minimum of 30.00 EUR/hour (excluding VAT).
2.8.7. Delivery times are indicative. Festicup shall endeavour to meet the agreed delivery period as accurately as possible. If the delivery period is not met with respect to the Renter-Consumer, the Renter-Consumer shall grant Festicup an appropriate additional delivery period. If no delivery has taken place within this additional delivery period, the Renter-Consumer may withdraw from the contract. Failure to meet the delivery deadline with respect to the Renter-Consumer cannot lead to cancellation of the rental or payment of damages to the Renter-Consumer. Accordingly, a delay in delivery does not relieve the Renter-Taker from any obligation to accept or pay for goods insofar as delivery is made before the start of the Renter's event.
2.8.8. Festicup is not liable for any damage during delivery or collection of the rented goods (e.g. damage to grass, garden or any other property). The Hirer is fully liable to ensure that the cups should be delivered and/or collected in an easily accessible place.
2.8.9. In the execution of the contract by Festicup, the Renter is obliged to do everything that is reasonably necessary or desirable to enable timely delivery by Festicup. In the absence of the Renter at the time of delivery, Festicup will take back the goods, this to exclude theft and other risks. In this case, the additional transport costs will be charged to the Renter. If the Renter is unable to take delivery or return the rented goods on the agreed date, Festicup reserves the right to recover all eventual damages (such as lost or extra transport costs) from the Renter.
2.8.10. If the Renter has not returned the goods after expiry of the rental period and/or has not fulfilled any obligation towards Festicup, Festicup has the right to recover the goods itself, without any reminder and without judicial intervention. All resulting costs shall be charged to the Renter, as well as the rental price remains due until the rented goods are put back at Festicup's disposal.
2.9. CHECKING THAT GOODS ARE IN GOOD CONDITION
2.9.1. The Renter is obliged to thoroughly inspect the delivered goods immediately upon receipt for any defects. If any should be incorrect, the Renter must immediately inform Festicup in detail. If the Renter does not immediately (at the latest within 4 hours after delivery of the rented goods) point out to Festicup in writing and in detail any defects which could have been noticed on thorough examination, then Festicup is deemed to agree to the condition in which the rented goods have been delivered or handed over and any right to make comments on the condition of the goods lapses.
2.9.2. For its part, Festicup is obliged to subject the goods to an initial inspection on their return with regard to an estimate of the damage to the rented goods, the loss and the state of contamination of the cups, after which a receipt for receipt of the return will be given to the Renter stating any initial findings. If the parties disagree on the initial review/assessment, the parties shall have the right to summon a bailiff on site at common expense to make a manual survey of the dirty, damaged or lost cups. If the numbers retained by the bailiff deviate less than 15% from Festicup's estimate, then the Renter shall bear the full cost of the bailiff himself as well as all additional costs of Festicup (waiting time driver/personnel, cups more difficult to clean, loss of rent,...). This receipt is without prejudice to Festicup's right to hold the Renter liable for any damage or loss of the goods: after thoroughly inspecting, cleaning and counting the returned rented goods, Festicup shall definitively inform the Renter of any defects it discovers and provide the Renter with a final invoice. The Hirer has a period of 7 calendar days to dispute this detailed statement to which the Hirer may come and verify the camera images within Festicup's premises in order to verify the correctness of the statement.
2.10. TENANT OBLIGATIONS
2.10.1. The Renter is obliged to use the rented goods only in accordance with the provision of this agreement and in particular to:
2.10.1.1. To treat the rented goods in accordance with the operating and other regulations, including those with regard to supervision, which were notified and/or handed to the Renter upon delivery of the goods.
2.10.1.2. Not to make any changes or repairs to the rented goods, except with the express prior written consent of Festicup;
2.10.1.3. Festicup to provide access to the leased goods at all times;
2.10.1.4. Reject third-party claims on the leased goods and indemnify Festicup;
2.10.1.5. Subletting, pledging, alienation or making available to third parties in any other way must only be done with Festicup's prior written consent;
2.10.1.6. Not to transport the rented goods to another location or use them for any other work, unless prior written consent of Festicup;
2.10.1.7. Take all necessary measures so that the leased property remains permanently identifiable and distinguishable;
2.10.1.8. Return the rented goods to Festicup in a timely manner.
2.10.1.9. If there is a loss, the Renter shall compensate Festicup for the cost price of all the lost cups, which is equal to the cost price of one cup multiplied by the difference between the quantity of cups delivered and the quantity of cups returned. The cost price of a cup shall appear from the offer or by the price demonstrated by Festicup by producing a certificate from its supplier.
2.10.2. The Renter must dispose of the following items at his own expense and risk:
2.10.2.1. The approvals required for the leased property (such as permits, inspections, exemptions and orders, etc.);
2.10.2.2. The premises or area where the leased property is to be placed;
2.10.2.3. Sufficient opportunity for supply, storage and/or disposal of leased goods;
2.10.2.4. d. Security/surveillance of the leased goods if kept on public property.
2.10.3. The Renter agrees to manage and maintain the rented property as a good housekeeper. The Hirer will subject the Leased Property to daily inspection. Damage and/or costs resulting from failure to carry out daily maintenance shall be borne by the Hirer. Before using, the Hirer must satisfy himself that he has sufficient knowledge to use and maintain the hired goods with due diligence. The Hirer declares that sufficient information and information was given by Festicup at the commencement of the Hire Agreement so that he can use and maintain the Hired Goods with due diligence. If the Hirer is uncertain about the use and maintenance of the hired goods, he should immediately contact Festicup in order to ascertain the correct use and maintenance of the hired goods. The Renter cannot invoke the lack of knowledge and skill on his part against Festicup in the event of any damage.
2.10.4. To avoid damage, loss or theft, the Renter shall, inter alia:
2.10.4.1. Station the rented goods in an (enclosed) place
2.10.4.2. Do not leave keys/papers with the rented goods
2.10.4.3. Locking the rented goods with key
2.10.4.4. Alerting cup users that cups should be returned
2.10.5. In case of theft, suspected loss or damage, the Renter must immediately notify Festicup.
2.10.6. In case of theft, the Renter will contact the police immediately. The drafted PV should be remitted to Festicup immediately.
2.10.7. The Renter shall return the goods to Festicup in an appropriate manner. This includes:
2.10.7.1. Reusable cups will be offered in the designated storage bins. Offering the reusable cups in any other way will then fall under special handling and/or charging a triage fee of €0.03 (excl. VAT) per cup with a minimum of €30.00 per hour (excl. VAT) if the cups were not sorted correctly in the storage boxes.
2.10.7.2. Reusable cups may be dirty according to the reasonable use intended. Exceptionally dirty cups which contain matter other than residues of liquid (including vermin) will, at Festicup's discretion, either be regarded as a loss for which the Renter must compensate Festicup for the value of the cups to be regarded as a loss or be quarantined and then fall under special handling. If cups must be quarantined, the Renter shall bear all losses incurred by Festicup, including on account of the unusability of the cups.
2.10.7.3. Festicup or its appointed subcontractor who will take care of the cleaning will carry out a count of the goods/accessories after cleaning the cups. If there is a loss, then all cups not returned will be charged to the Renter at the price stated on the quotation or by the price demonstrated by Festicup through the submission of proof from its supplier.
2.11. CLEANING
2.11.1. Final cleaning is always done by Festicup.
2.11.2. In case of contamination other than drink, additional pre-rinsing will be charged to the Renter.
2.11.3. Without wishing to be exhaustive, extreme contamination or pollution is said to exist if one of the following appears to be present in the cups: mud, sand, cigarette ends, vermin, non-drinkable liquids or goods, etc. If one cup from a box is so contaminated, Festicup must subject the entire box to special handling as the risk of contamination of products from which drinks are drunk must be avoided. In such a case, depending on Festicup's discretion, the cups will either be cleaned manually and a cost of 0.25 € (excl. VAT) per cup will be charged for this, or the costs of replacing the cups will be charged to the Renter, at the cost price stated on the offer or by the price which Festicup demonstrates by submitting a receipt from its supplier.
2.11.4. The amounts due under the above cases for lost cups if there is a loss/storage boxes and/or dirty or wet cups will be charged to the Renter by Festicup.
2.11.5. If the storage boxes are returned dirty - regardless of whether they have been opened - the entire contents must be cleaned and the cost of cleaning all cups present in the box will also be charged. If cups have not been used and if they do not require cleaning, the provided cleaning cost will be credited.
2.12. WARRANTY
2.12.1. When accepting the offer/placing the order via the Webshop, and in any case before taking delivery of the rented goods, the Renter shall pay a deposit to FESTICUP, amounting to at least 7% of the value of the rented cups.
2.12.2. Festicup reserves the right to offset expired rental instalments against the deposit, as well as the costs of cleaning, transport, repair/special handling and loss, damage or theft of rented goods, as well as all other credits due to Festicup. The lost or damaged cups will be charged at the current price for the purchase of new cups, which will be shown in the quotation or demonstrated by Festicup by means of a proof from its supplier.
2.12.3. Except for the cases mentioned in 2.12.b., Festicup is obliged to return this deposit to the Renter at the termination of the rental contract, if at that time the Renter has fulfilled all his obligations towards Festicup, this within 30 calendar days after cleaning the cups.
2.13. INSURANCE
The Renter shall bear the full risk and responsibility of the rented goods during the time they are made available to the Renter and to this end the Renter shall insure and keep insured the goods, if necessary, against damage caused by molestation, loss, theft, damage, etc., including as a result of fire. The Renter shall provide a copy of the insurance policy to Festicup at Festicup's simple request.
2.14. LIABILITY
2.14.1. The rented goods remain the property of Festicup at all times. The Renter is custodian of the rented goods throughout the rental period. The risks are transferred from the moment the rented goods are made available or delivered to the Renter (the Renter normally signs a receipt for receipt but the delivery/receipt of the goods can be proved in any way) and this until the moment the rented goods are made available to Festicup again (Festicup normally signs a receipt for receipt of the return).
2.14.2. Damage caused to or by the rented goods during the rental period are the full responsibility of the Renter (including theft and vandalism by third parties).
2.14.3. Festicup is not liable for damages which the Renter causes directly or indirectly to third parties as a result of the use of the rented goods. The Renter shall indemnify Festicup against all claims by third parties in this regard and shall compensate Festicup for all damages, losses or expenses resulting from such claims by third parties.
2.14.4. The Renter is himself liable for all charges, taxes and fines arising from the use of the rented property by him or by third parties.
2.14.5. The Renter is obliged to compensate Festicup for the loss incurred by Festicup as a result of damage, destruction, loss, theft or disappearance of the rented goods. The unit price per lost cup will be shown in the offer or can be demonstrated by Festicup by submitting proof from its supplier. The loss consists of the repair of the material damage (including the loss value), the replacement of the destroyed or disappeared goods, as well as all harmful consequences resulting from the damage, the destruction or the disappearance of the rented goods if there is a loss. In this case, the Hirer shall also be liable for the loss of rental income from the moment when the loss occurs until the moment when the goods (or the replacement goods) can be used again for the rental.
2.14.6. Festicup is not liable for failures by Festicup to fulfil the agreement (such as delays in performance or non-fulfilment of its obligations) due to force majeure or hardship. Force majeure and hardship shall include war, mobilisation, riots, flooding, closed shipping, other traffic congestion, stagnation in, respectively restriction or cessation of supply by public utility companies, lack of gas, petroleum products or other means of energy generation, fire machine breakdown and other accidents, strikes, lockouts, trade union actions, export restrictions, other government measures, communication and computer failures, technical problems, non-delivery of necessary materials and semi-finished products by third parties, intent or gross negligence of auxiliary persons and other similar circumstances.
2.14.7. Festicup's liability pursuant to the agreement with the Renter is at all times limited to the liability which in the given factual circumstances is mandatorily imposed by law, and is in any case limited to the lower of the following two amounts: (1) the respective invoice amount, or (2) the amount of the payment of the insurance policies entered into by Festicup. Festicup reserves the right to replace the supplies legitimately refused or covered by the guarantee, without this giving rise to any compensation (indirect costs, damages, loss of use, operating losses, etc.) at its expense.
2.14.8. Festicup is not liable for damage in the form of loss of turnover, reduced goodwill, loss of production, environmental damage or any other consequential or indirect damage of any kind suffered by the Renter or third parties. Festicup is also not liable for damages caused by its agents, subcontractors or any other third party.
2.14.9. Under no circumstances can the Renter claim a refund or a reduction in the price of the services in case of loss, damage or theft of the rented goods before the expiry of the rental agreement.
2.15. COVENANT OBLIGATION OF THE TENANT
The Renter must inform Festicup without delay if the Renter's movable or immovable property is seized, if the rented property mentioned in the contract is seized or if Festicup's property rights are at risk of being damaged in any other way. The same applies in the event of the Renter's bankruptcy, if the Renter applies for a moratorium or has ceased payment for any other reason.
2.16. NOTICE
2.16.1. The agreement for the specified period can be terminated by the parties with immediate effect during this period. Upon termination of the agreement, Festicup will collect the rented goods from the Renter, the Renter must observe a notice period of at least 24 hours.
2.16.2. On termination of this agreement, the rented goods will be put at Festicup's disposal again. If it should appear in the process that the goods are defective or damaged, Festicup is entitled to charge the Renter the costs of repair or replacement, in accordance with what would be the case if the goods were lost.
2.16.3. If the Renter defaults on any obligation, Festicup is entitled to terminate the rental agreement without notice of default with immediate effect, without entitlement to any compensation for the Renter and without judicial intervention.
2.16.4. If the rental agreement ends by virtue of the provisions in the previous paragraph of this article, Festicup is entitled to claim by way of liquidated damages as loss of profit an amount equal to the remaining rental instalments which would have fallen due until the end of the rental agreement, without prejudice to Festicup's right to further damages.
Sales
This section of the general terms and conditions applies to any agreement whereby FESTICUP sells cups to a Customer.
3.1. ORDERS
3.1.1. All offers, whatever their form, are based on the prices currently in force and are valid for a period of 14 calendar days from the date of the offer, unless otherwise stated. Consequently, the written acceptance of our offer, duly signed for agreement, and the Customer's payment must be in our possession no later than the last day of the aforementioned period. After this deadline, Festicup is entitled to adjust prices, whereby the Customer must decide within the deadline given in this adjusted offer whether the order will be carried out at the adjusted prices. In the absence of timely and correct acceptance and payment, Festicup has the right to refuse the order.
3.1.2. Festicup is entitled to revise the price of the materials offered if the price of the material or characteristic raw materials has increased by more than 10% between the date of the offer and the scheduled date of delivery. The price increase shall be calculated by comparing the price of the material or of the raw materials on the relevant stock exchange or trading platform or the price charged by the supplier on the two relevant dates, and applying the coefficient thus obtained to the price of the material or of the raw materials offered by Festicup. A similar revision clause applies in the event of an increase in hourly wages.
3.1.3. If the Customer is a consumer and only if he has purchased goods from Festicup via the Webshop which are exclusively for non-professional purposes, then the consumer has a period of 14 working days after receipt of the product to inform the seller that he renounces the sale. To do so, the consumer may use the model form sent with the goods or an unequivocal, written statement that the consumer declares that he withdraws from the contract. The goods must then be returned within the same period at the expense of the buyer in the original, undamaged and original packaging, together with all accessories, the user manual/insert and (a copy of) the invoice/delivery note by registered post to: FESTICUP BV, Nieuwlandlaan 35b, 3200 AARSCHOT. Incomplete, damaged, used or soiled goods will not be taken back. At the latest 14 days after acceptance of the return, the seller will refund any sums paid, excluding the direct costs of delivery. According to the WER, the right of renunciation does not apply to: the delivery of products manufactured according to the consumer's specifications or which have a clearly personal character or which cannot be returned due to their nature.
3.2. DELIVERIES
3.2.1. The delivery deadlines are given for information purposes and never give any right to delay interest or compensation. Nor do they give any right to annul the order, except thirty days after a registered demand for delivery.
3.2.2. Unless otherwise stipulated in writing, our samples, drawings, samples, other data are only approximate and deviations can never be invoked by the customer to refuse acceptance or payment, nor to claim cancellation, rescission or damages.
3.2.3. All goods and materials are accepted at Festicup's registered office. They are shipped, all risks borne by the consignee. If the ready-made goods cannot be collected or delivered on the planned date or within 7 calendar days after notification that the goods are ready for collection or delivery, they will be stored at Festicup's or a third party's premises at the customer's responsibility, risk and expense for which €0.50 per pallet per calendar day will be charged.
3.2.4. Festicup reserves the right at all times to demand an advance payment of at least 50% of the price before making delivery. If justified doubts arise as to the fulfilment of the obligations by the purchaser, he is obliged to provide security at first request. In the event of postponement of payment, judicial reorganisation or bankruptcy, the customer is not entitled to demand the continuation of current contracts and/or we may make continuation subject to full prepayment.
3.2.5. In case of non-purchase after summons or refusal to pay the requested advance, Festicup has the right to consider the order as void by operation of law and a fixed compensation will be due by the customer equal to 40% of the amount of the order, without prejudice to our right to a higher compensation to be proved. The same compensation shall be due in the event of breakage or cancellation of the order by the customer.
3.2.6. No return of goods will be accepted without prior agreement from Festicup.
3.3. COMPLAINTS - LIABILITY OF FESTICUP
3.3.1. The mere collection or receipt without reservation by the customer or his authorised representative constitutes irrevocable acceptance of the perfect condition of Festicup's delivery, as far as visible defects are concerned, as well as of the quantities delivered. Complaints regarding the invoices and regarding hidden defects must be notified to Festicup in writing under penalty of cancellation within ten days of receipt of the invoice and discovery of the defect within the deadlines defined below respectively.
3.3.2. The duration and scope of the guarantee are always limited to those authorised by Festicup's supplier. Any guarantee lapses if, without Festicup's prior written consent, the customer calls on third parties to carry out repairs to a good supplied by Festicup, as well as in the event of wrong or excessive use or non-compliance with the conditions of use as stated in the documents provided.
3.3.3. Festicup is entitled to replace the legitimately refused deliveries or those covered by the guarantee, without this giving rise to any compensation (indirect costs, damage, loss of use, operating losses, etc.) at its expense.
3.4. RETENTION OF TITLE
The goods delivered remain the property of Festicup as long as they have not been paid to us in full in principal, interest, costs and accessories of any kind. The customer may not, either directly or indirectly, alienate, pledge, lend, sub-let, allow third parties to use the material which has not yet been paid for in full, or transfer all or part of his rental rights, nor may he include it in the sale or transfer of a business.
Cleaning
This section of the general terms and conditions applies to any agreement under which FESTICUP will clean cups for its Customer.
4.1. ORDERS
4.1.1. All offers, whatever their form, are based on the prices currently in force and are valid for a period of 14 calendar days from the date of the offer, unless otherwise stated. Consequently, the written acceptance of our offer, duly signed for agreement, and the Customer's payment must be in our possession no later than the last day of the aforementioned period. After the aforementioned term, Festicup is entitled to adjust the prices, whereby the Customer must decide within the term given in this adjusted offer whether the order will be carried out at the adjusted prices. In the absence of timely and correct acceptance and payment, Festicup is entitled to refuse the order. The general rule is thus that Festicup's services are paid in advance.
4.1.2. The required washing capacity is reserved only after receipt of the Customer's payment and only then is the order included in the schedule.
4.1.3. Festicup shall have the right to revise the price of the materials offered if the price of the hourly wage of the employees of Festicup bv or the price of the required utilities (water, electricity,...) has increased by more than 10% between the date of the quotation and the scheduled date of execution. The price increase shall be calculated by comparing the price of the employee's hourly wage or the price of the required utility on the relevant stock exchange or trading platform or the price charged by the supplier on the two relevant dates, and applying the coefficient thus obtained to the price offered by Festicup.
4.2. SERVICES OF FESTICUP
4.2.1. A standard cleaning consists of a pre-rinse and a cleaning and rinsing in which bacteria are removed either by chemicals or by the temperature of the washing water. It is up to the Customer to assess, prior to or at the latest at the time the goods to be cleaned are made available to Festicup, whether a standard cleaning will suffice or if another cleaning is appropriate.
4.2.2. If the cups to be cleaned are not clean after the standard cleaning, Festicup will send the Customer a price proposal for another, more intensive cleaning. The cost price of the standard cleaning is payable by the Customer to Festicup in any case.
4.2.3. If more than 20% of the cups delivered would not have been used and do not need to be cleaned, an handling fee of €0.015 per unused and not to be cleaned will be charged.
4.2.4. Broken or damaged cups noticed during cleaning will be kept separately and handed over on collection/delivery.
4.3. COLLECTION OR DELIVERY
4.3.1. The execution deadlines are given for information purposes and never entitle the customer to default interest or damages. Nor do they give any right to annul the order, except thirty days after a registered demand for delivery.
4.3.2. The cleaned goods are accepted at Festicup's registered office, with the Customer having to organise collection as soon as possible. The cleaned goods are shipped, all risks being borne by the Customer. If the cleaned goods cannot be collected or delivered on the planned date or within 7 calendar days after notification that the goods are ready for collection or delivery, they will be stored at Festicup's or a third party's premises at the responsibility, risk and expense of the Customer for which € 0.50 per pallet per calendar day will be charged.
4.3.3. The mere collection or receipt without reservation by the customer or his authorised representative constitutes irrevocable acceptance of the perfect condition of the cups cleaned by Festicup, as far as visible defects are concerned, as well as of the quantities delivered. Complaints concerning the invoices and concerning hidden defects must be notified to Festicup in writing under penalty of cancellation within ten days of receipt of the invoice and discovery of the defect within the deadlines set out below respectively.
4.3.4. Festicup is entitled to re-clean the legitimately refused cups, without this giving rise to any compensation (indirect costs, damage, loss of use, operating losses, etc.) at its expense.
4.4. RETENTION RIGHT
If any cleaning is not paid or not paid on time, Festicup has the right to postpone the cleaning until after receipt of the contractually provided payment or to withhold the cleaned goods until receipt of full payment. In such a case, the costs provided for in Article 2.7 are equally applicable. In the event of postponement of payment, judicial reorganisation or bankruptcy, the customer shall not be entitled to demand the continuation of current contracts and/or we may make continuation conditional on full payment in advance