Términos y condiciones

GENERAL TERMS AND CONDITIONS CAFE “HILL STREET BLUES

With its registered office at Warmoesstraat 52A, 1012 JG Amsterdam, the Netherlands

Registered at the Chamber of Commerce under number 33260819

Article 1. Definitions

1. In these general terms and conditions, the following terms are capitalized and used in the following sense, unless expressly stated otherwise:

2. In these general terms and conditions, “in writing” includes communication by e-mail, fax or digitally (e.g. via an online interface) provided that the identity of the sender and integrity of the content are sufficiently established.

Article 2. Applicability

• The present general terms and conditions apply to all Offers, Agreements and deliveries of Hill Street Blues, of any nature whatsoever, unless such applicability is expressly excluded in full or in parts in writing or explicitly agreed otherwise.
• Any general terms and conditions of the Buyer, however named, are expressly rejected. Deviations from and additions to these terms and conditions are only applicable if and insofar as they are expressly accepted by Hill Street Blues in writing.
• When deviations from these terms and conditions are permitted by Hill Street Blues for a short or longer period of time, tacitly or not, this shall not affect its right to still demand direct and strict compliance with these terms and conditions. The buyer cannot derive any rights from the manner in which Hill Street Blues applies the present terms and conditions.
• The present terms and conditions also apply to all agreements with Hill Street Blues, for the execution of which third parties are involved. Such third parties may rely directly on the present terms and conditions vis-à-vis the Buyer, including any limitations of liability.
• If one or more of the provisions of these terms and conditions or any other agreement with Hill Street Blues should be in conflict with a mandatory statutory provision or any applicable legal regulation, the provision in question shall lapse and be replaced by a new, legally permissible and comparable provision to be determined by Hill Street Blues.
• In case of conflict between the contents of an Agreement concluded between the Buyer and Hill Street Blues and the present terms and conditions, the contents of the Agreement shall prevail.

Article 3. Applicability

• All Offers by Hill Street Blues are revocable and made without obligation, unless otherwise indicated in writing.
• A compound quotation does not oblige Hill Street Blues to deliver part of the Products included in the Offer at a corresponding part of the quoted price.
• The content of the delivery is solely determined by the description of the delivery given in the Offer. If the acceptance deviates (on minor points) from the offer included in the Offer, Hill Street Blues shall not be bound by it. The Agreement shall then not be concluded in accordance with this deviating acceptance, unless Hill Street Blues indicates otherwise.
• Obvious errors or slips in Offers from Hill Street Blues do not bind Hill Street Blues.
• he prices in the Offers of Hill Street Blues are exclusive of VAT and other government levies, unless explicitly stated otherwise.
• Hill Street Blues is free to change its prices at any time. Offers therefore do not automatically apply to future Orders.

Article 4. Conclusion of the Agreement

The Agreement with Hill Street Blues is concluded when the Buyer has successfully completed all steps of the online ordering process and has paid the due (advance) payment by one of the payment methods offered on the Website.

Article 5. Purchase of Tickets

• If the Buyer wishes to order a Ticket, he must follow the online order procedure. During the order procedure, the Buyer must provide certain personal data, including name, e-mail address and telephone number, which are necessary for the delivery of the Ticket. The Buyer guarantees that these data are correct and up-to-date.
• Once the Buyer has purchased a Ticket from Hill Street Blues, the Buyer will receive the Ticket at the email address provided. The Buyer is responsible for entering the correct email address.
• The purchase of a Ticket establishes an Agreement between Hill Street Blues and the Buyer. Additional agreements or changes agreed later shall only be binding for Hill Street Blues if confirmed in writing by Hill Street Blues.
• The minimum age for purchase of a Ticket is 18 years, unless otherwise specified. Persons who have not yet reached the minimum age will not be admitted to the event.

Article 6. Delivery

• Unless otherwise agreed in writing, delivery shall be made to a delivery address provided by the Buyer. Hill Street Blues will inform the Buyer in advance of the costs of delivery.
• The choice of means of transport is up to Hill Street Blues, also in case of non-franco shipments, where no instructions for shipment have been given by the Buyer. Obstructions or temporary impediments to transport by the chosen means of transport, shall not oblige the use of another means of transport.
• If it proves impossible to deliver the Products to the Buyer due to a cause within the sphere of influence of the Buyer, Hill Street Blues reserves the right to store those Products (or have them stored) at the expense and risk of the Buyer, without thereby incurring any liability on the part of Hill Street Blues for damage, depreciation, loss or otherwise..

Article 7. Delivery Terms

• If Hill Street Blues has stated a delivery term, it is only indicative. A given delivery time should therefore never be considered as a deadline. If a term is exceeded, the buyer should therefore give Hill Street Blues written notice of default. Hill Street Blues should be given a reasonable time to deliver as yet.
• The Buyer shall ensure that all information, which Hill Street Blues indicates is necessary or which the Buyer should reasonably understand is necessary for the execution of the Agreement, is provided to Hill Street Blues in a timely manner. If the data necessary for the execution of the Agreement are not provided to Hill Street Blues in time, Hill Street Blues has the right to suspend the execution of the Agreement and/or charge the Buyer for the extra costs resulting from the delay according to the usual rates.

Article 8. Examination and complaints

• The Buyer shall try the delivered Products within 14 days after delivery and check them for any deviations from what has been agreed. Any complaints regarding the delivered Products must be submitted in writing to Hill Street Blues at the latest within 14 days after delivery.
• If the Products are delivered to a delivery address provided by the Buyer and the Products are externally noticeably damaged upon arrival, the Buyer must make a written reservation about this to the carrier by means of a note on the delivery receipt and, notwithstanding the provisions of paragraph 1 of this article, must notify Hill Street Blues thereof within 48 hours after receipt. The Buyer must keep the defective Products at the disposal of Hill Street Blues.
• The submission of a complaint shall not suspend the payment obligation of the Buyer in respect of the Products concerned.
• Drawings, technical descriptions, models, samples, illustrations, colours, weights, measurements and material indications, are given by Hill Street Blues in good faith and as accurate as possible. However, these informative data are not binding. Deviations in delivered Products by the margins usual in the industry must be accepted and shall not entitle the Buyer to claim, replacement, compensation for damages or any other right, unless a smaller margin for deviations is expressly agreed upon at the time of the agreement.
• Defective Products may be returned only after prior consultation with one of Hill Street Blues’ sales staff, with the exception of cases in which the Consumer uses the legal right of withdrawal.
• Under no circumstances, before or after delivery, the Buyer is entitled to complaints, compensation, or dissolution of the Agreement with Hill Street Blues, if the purchased Products cannot be used for certain specific purposes, unless these purposes are specifically stated, named or referred to by Hill Street Blues.

Article 9. Trial period and right of withdrawal

• In case of a distance purchase, the offer shall also include a viewing period of 14 days, starting the day after receipt by or on behalf of the Consumer, unless otherwise agreed. The purchase is in that case only final when 14 days after receipt of the Product have passed.
• During the trial period, the Consumer has a right of withdrawal, whereby the Consumer has the possibility to undo the Agreement and return the Products received without any obligation on his part, other than compensation of the direct costs of returning the Products.
• The Consumer may invoke the right of withdrawal by notifying Hill Street Blues of his intention in writing or by e-mail within a period of 14 days after receipt by or on behalf of the Consumer. For this purpose, the Consumer may use the return form made available by Hill Street Blues on its Website, but the Consumer is not obliged to do so.
• If the right of withdrawal is invoked by the Consumer, Hill Street Blues shall refund any amount already paid by the Consumer within 14 days after receipt of the returned Products.
• The Consumer may only effectively exercise her right of withdrawal if the relevant Products are returned complete, undamaged, unused and in their original packaging. However, the Consumer may remove the Product from its packaging to the extent necessary to assess whether the Product meets the Consumer’s expectations, as long as the original packaging is preserved and the Product can be returned in undamaged condition. Any depreciation of the Product due to use by the Consumer will be charged by Hill Street Blues to the Buyer, or at least deducted from the amount to be refunded by Hill Street Blues to the Consumer.
• After invoking her right of withdrawal, the Consumer shall return the delivered goods to Hill Street Blues within 14 days. The costs of the return shipment shall be borne by the Consumer. Hill Street Blues may wait with refunding until Hill Street Blues has received the returned Products, unless the Consumer sufficiently proves to have returned the Products.
• Products which are made by Hill Street Blues according to the specifications of the Consumer, such as Products which are designed at the Consumer’s request or on which logos, texts or images are applied or are delivered in a certain (non-standard) size or in a certain colour (composition), are excluded from the right of withdrawal. The Consumer cannot cancel or undo the Agreement with regard to custom-made products.
• With regard to Tickets, the applicability of any trial period or reflection period is expressly excluded. Due to the nature of the services (leisure services with a fixed date), no trial period applies to the sale of Tickets, not even in the case of a consumer distance purchase within the meaning of Section 7:46a under b of the Dutch Civil Code. The Buyer is therefore not entitled to revoke the Agreement, with regard to the remote purchase of Tickets.

Article 10. Invoicing and payment

• Hill Street Blues is entitled to demand full or partial prepayment from the Buyer at the start of the Agreement, at least before delivery takes place. Advance payments shall be paid immediately after the conclusion of the Agreement and shall be deducted from the invoice.
• Payment is made online via a payment method offered on the Website. In doing so, Hill Street Blues uses a Payment Service Provider. Payments are subject to the payment terms and conditions of the Payment Service Provider.
• If it has been agreed that payment after delivery is made by invoice, payment of invoices must be made within 14 days of the invoice date, without any set-off or discount, in a manner to be indicated by Hill Street Blues in the currency in which invoicing took place.
• After expiry of the agreed term of payment, the Buyer shall be legally in default without further notice of default being required.
• From the moment of default, the Buyer shall owe interest on the amount due at a rate of 1% per month, unless the statutory commercial interest rate is higher, in which case the statutory commercial interest rate shall apply. All judicial and extrajudicial costs incurred by Hill Street Blues to obtain satisfaction – both in and out of court – shall be borne by the Buyer from that moment. In such case, the Buyer shall owe compensation of at least 15% of the outstanding amount, with a minimum of € 150.00. For Consumers, this shall be a percentage of at least 5% with a minimum of € 40.00. If the actual costs incurred and to be incurred by Hill Street Blues exceed this amount, they are also eligible for compensation.
• If the Buyer has not timely fulfilled his payment obligations, Hill Street Blues is authorised to suspend the fulfilment of his obligations to deliver or execute work until payment has been made or proper security has been provided. The same applies even before the time of default if Hill Street Blues has reasonable suspicion that there are reasons to doubt the creditworthiness of the Buyer.
• In case of liquidation, bankruptcy, debt restructuring or suspension of payment of the Buyer or an application for such, the claims of Hill Street Blues and the obligations of the Buyer towards Hill Street Blues shall become immediately due and payable.
• If the Buyer has one or more counterclaims against Hill Street Blues on any account, the Buyer waives the right of set-off. Said waiver of the right of set-off also applies if the Buyer applies for (provisional) suspension of payment or is declared bankrupt.

Article 11. Retention of title

• All Products supplied by Hill Street Blues remain the property of Hill Street Blues until such time as the Buyer has fully fulfilled all his payment obligations to Hill Street Blues under any Agreement to supply Products entered into with Hill Street Blues, including claims relating to failure to fulfil such Agreement.

Article 12. Liability

• If Hill Street Blues is liable for damage, such liability shall be limited to compensation of direct damage and to a maximum of the invoice value of the delivered goods.
• In any case, the liability of Hill Street Blues is always limited to the amount paid by Hill Street Blues’ insurer in the relevant case.
• Direct damage means exclusively:
  • the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage in the sense of these general terms and conditions;
  • any reasonable costs incurred to have Hill Street Blues’ faulty performance meet the agreement, unless they cannot be attributed to Hill Street Blues;
  • reasonable costs incurred to prevent or limit damage, insofar as the Buyer demonstrates that these costs have led to limitation of the direct damage as meant in these general terms and conditions.
• Hill Street Blues shall never be liable for indirect damage, including personal injury, consequential damage, loss of profit, missed savings, damage to reputation or image, labour costs, material costs, damage due to business stagnation, environmental damage and damage resulting from fines imposed due to failure to meet delivery deadlines.
• Hill Street Blues shall not be liable for damages of any kind or in any form whatsoever due to the fact that it has relied on incorrect and/or incomplete data provided by the Buyer.
• The limitations of liability for direct damage included in these general terms and conditions do not apply if the damage is due to intent or gross negligence on the part of Hill Street Blues.

Article 13. Limitation period

• In all cases, the period within which Hill Street Blues can be sued for compensation of damage is limited to 12 months after delivery of the relevant Products through which the damage occurred.

Article 14. Force majeure

• The parties are not obliged to fulfil any obligation if they are hindered to do so as a result of a circumstance that is not due to fault, and which is not for their account by virtue of the law, a legal act or generally accepted practice.
• In addition to what is understood in law and jurisprudence, force majeure in these general terms and conditions is understood to mean all external causes, foreseen or unforeseen, which Hill Street Blues cannot influence, but which prevent Hill Street Blues from fulfilling its obligations, including the impossibility of delivery or delay in delivery due to epidemics or pandemics.
• Hill Street Blues is also entitled to invoke force majeure if the circumstance preventing (further) fulfilment occurs after Hill Street Blues should have fulfilled its commitment.
• The parties may suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than 30 days, each of the parties shall be entitled to dissolve the Agreement, without any obligation to pay damages to the other party.
• Insofar Hill Street Blues has already partly fulfilled its obligations from the Agreement at the time of the start of the force majeure, or will be able to fulfil them, and independent value can be attributed to the fulfilled respectively to the part to be fulfilled, Hill Street Blues is entitled to separately invoice the already fulfilled respectively to be fulfilled part. Buyer is obliged to pay this invoice as if it were a separate Agreement.

Article 15. Intellectual property rights

• All intellectual property rights and copyrights of Hill Street Blues vested in (the design of) the Products belong exclusively to Hill Street Blues and are not transferred to the Buyer, regardless of whether the Buyer has paid Hill Street Blues a fee for (the design of) the Products.
• The Buyer is prohibited from disclosing and/or reproducing, modifying or making available to third parties any works subject to the intellectual property rights and copyrights of Hill Street Blues without the express prior written consent of Hill Street Blues. If the Buyer wishes to make changes to Products supplied by Hill Street Blues that are subject to Hill Street Blues’ copyright, Hill Street Blues must explicitly consent to the intended changes.
• The Buyer is prohibited from using the Products subject to Hill Street Blues’ intellectual property rights other than as agreed in the Agreement or in the manner for which they are intended by their nature.

Article 16. Modification of the general terms and conditions

Hill Street Blues is authorised to make amendments to these general terms and conditions. Such amendments shall enter into force at the announced time of entry into force. Hill Street Blues shall send the amended terms and conditions to the Buyer in a timely manner. If no time of entry into force has been communicated, amendments shall enter into force vis-à-vis the Buyer as soon as he has been notified of the amendment.

Article 17. Subsequent effect

• The provisions of these general terms and conditions and the Agreement, of which it is expressly or by their nature intended that they shall remain in force even after termination of this Agreement, shall thereafter remain in force and continue to bind both Parties.

Article 18. Applicable law and choice of forum

• All agreements concluded and to be concluded by Hill Street Blues are governed by Dutch law.
• All disputes that may arise as a result of the present Agreement or further agreements resulting from it, shall be settled by the competent court in the district where Hill Street Blues is established, unless a mandatory provision of law dictates otherwise.