Terms & conditions (v2022)
The following definitions are used:
1 .Sonava BV | Chamber of Commerce: 83395253 | VAT: NL0001732061B06 | Hearby named further as Sonah Catering
2. Client: Client: any natural person, legal entity or company with which Sonah catering consults or enters into an agreement.
3. General terms and conditions: the general terms and conditions used by Sonah Catering
4. Project or assignment: the work to be performed agreed with Sonah catering
5. Agreement: An agreement between the client and Sonah catering for the provision of one or more services at a price to be paid by the client
Article 1 Applicability
By concluding the agreement, the client declares to know and accept these general terms and conditions.
The applicability of the client’s general terms and conditions is expressly excluded, unless the parties have agreed otherwise in writing. If the general terms and conditions of the parties apply side by side, the general terms and conditions of Sonah catering will prevail in the event that provisions in the general terms and conditions of Sonah catering and the client are in conflict.
The Client also and unconditionally accepts the applicability of these general terms and conditions for all future agreements and offers for agreements.
All rights and claims, as stipulated in these general terms and conditions and in any (further) agreements for the benefit of Sonah catering, are also stipulated for the benefit of third parties engaged by Sonah catering through whom Sonah catering has the agreement fully or partially executed.
Article 2: Quotations and agreements
1. All quotations, in whatever form, are without obligation.
2. The agreement is concluded by acceptance of the quotation by the Client. The acceptance can be made orally or in writing (including by e-mail). Sonahcatering is not obliged to send the Client a written confirmation of the agreement. Should an oral agreement arise, Sonah catering’s client will confirm this in writing upon request.
3. Changes to the agreement must be sent by email and agreed upon by both parties. Telephone changes must always be confirmed by email by the client.
4. Obvious mistakes or miscommunications in the offer or agreement are not enforceable.
Article 3: Prices
1. All prices in the quotations and/or cost overviews are exclusive of VAT and other levies such as location charges, unless expressly stated otherwise.
2. Quotations are made on the basis of the prices agreed at the time.
3. All costs incurred by Sonah catering with regard to the work performed by it will be charged to the client on the basis of subsequent calculation.
4. If one or more cost factors increase between the conclusion of the agreement and the execution of the assignment, Sonah catering is entitled to pass on these increases to the Client.
5. A price increase as referred to in Article 3.3 does not entitle the Client to dissolve the agreement.
Article 4: Invoicing and payment
1. Payment must be made within 14 days of the invoice date
2. Sonah catering has the right to charge the client an advance of 80% on the basis of the approved offer. The advance invoice must be transferred to the stated account number no later than one week before the start of the assignment.
3. For agreements that are executed outside the Netherlands, the down payment is 100% of the contract price (excluding VAT) and must be received by Sonah catering 14 calendar days before the execution of the Agreement.
4. If the down payment is not received on time and/or in full, Sonah catering has the right to suspend its obligations to be performed or to dissolve the agreement without judicial intervention and notice of default (and without the Client being entitled to any compensation), all this subject to all other rights of Sonah catering.
5. If the Client fails to pay the invoice on time, it will be in default by operation of law. The Client will then owe interest in the amount of the statutory interest. The interest will be calculated from the moment that the Client is in default until the moment of payment of the full amount.
6. Prosecution costs for non-payment and collection costs, both judicial and
extrajudicial, will be borne by the Client. The Client also owes interest on the collection costs owed.
7. Sonah catering can refuse a full repayment of the principal sum, if the outstanding and current interest and collection costs are not also paid.
8. The client is not entitled to set off the amount it owes Sonah catering.
9. In the event of liquidation, (application for) suspension of payment or bankruptcy, attachment against the Client, debt rescheduling or any other circumstance as a result of which the Client can no longer freely dispose of its assets, all claims of Sonah catering against the Client are immediately due and payable .
Article 5: Cancellation
1. When an order given to Sonah Catering is cancelled, the client is obliged to pay compensation for damage incurred, calculated according to the following schedule:
– In the event of cancellation more than 2 months before the time of the date of execution stated on the agreement, the client is not obliged to pay compensation
– In case of cancellation between 1 and 2 months before the time of the date of execution stated on the agreement, the client is obliged to pay compensation of 15% of the contract price
– In case of cancellation between 1 month and 14 days before the time of the date of execution stated on the agreement, the client is obliged to pay compensation of 25% of the contract price
– In the event of cancellation between 14 and 7 days before the time of the date of execution stated on the agreement, the client is obliged to pay compensation of 50% of the contract price.
– In case of cancellation less than 7 days before the time of the date of execution stated on the agreement, the client is obliged to pay compensation of 100% of the contract price
2. Cancellations can be made by telephone, but must always be confirmed in writing or by email.
3. In all cases, the Client owes Sonah catering, in addition to the fee as stated in Article 5.1, all that Sonah catering owes to third parties with regard to the relevant agreement (including, among other things, purchases already made in respect of the assignment and other legal acts entered into with third parties under the agreement).
Article 6: Transport and delivery
1. Unless agreed otherwise with the client, the choice of transport is at the free choice of Sonah Catering.
2. Sonah catering is not responsible or liable for storage by or on behalf of the client.
3. The client is obliged to take delivery of the goods at the moment that Sonah catering delivers them to the client or has them delivered by a third party. The client is responsible for providing logistics space to promote rapid purchase of the goods and also to provide free and unobstructed access.
Article 7: Liability
1. Sonah catering is only liable for direct damage. Any other form of indirect damage, including consequential damage, lost profit, lost savings and damage due to business and other damage, is expressly excluded.
2. The maximum liability of Sonah catering is limited to the lesser of (i) the invoice value of the quotation (excluding transport, delivery and any services to be provided by third parties) or, if the liability only relates to part of the assignment, the part of the quotation that applies to it and (ii) the amount of the payment to be made by the insurer in the present case
3. Sonah catering is not liable for damage of any nature whatsoever, arising as a result of or related to incorrect and/or incomplete information provided by or on behalf of the client.
4. The client is at all times regarded as the owner, tenant or user of the space, even if the rent has been concluded through the mediation of Sonah catering. Sonah catering is in no way liable for damage caused to the space by Sonah catering or others during the period of use. Sonah catering is in no way liable with regard to the fact that rented or otherwise required spaces are not actually made available for the Assignment, even if these have been established through the mediation of Sonah catering. The client indemnifies Sonah catering against any damage arising in that context, including the costs incurred.
5. Damage resulting from the installation and/or anchoring of rental and furnishing materials, regardless of whether this occurs on instructions and/or with the permission of the Client, will be borne by the Client. The client indemnifies Sonah catering against any damage arising in that context, including costs incurred.
6. The client indemnifies Sonah catering against all damage that is the direct or indirect result of non-performance or unlawful act by or on behalf of the client, its employees and guests and damage that is the result of each of their animals and goods, including costs incurred in that context . Damage to goods belonging to Sonah catering will be reimbursed at cost price.
Article 8: Force majeure
1. Force majeure is understood in the general terms and conditions, in addition to what is understood in this regard by law and jurisprudence, as all external circumstances on which Sonah catering cannot exert any influence and as a result of which Sonah catering is unable to fulfill its obligations.
Article 9: Allergens
1. Sonah catering prepares its dishes in a traditional and open kitchen. The dishes may therefore contain traces of allergens. At the request of the client, Sonah catering provides information about the allergens in its dishes.
2. At the request of the client, Sonah catering takes dietary requirements and other details into account for which an alternative menu or dish is desired.
Article 10: Privacy and social media
1. We as Sonah Catering are also bound by the Personal Data Protection Act. Personal data is data that can be traced back to natural persons. Sonah Catering endorses the principles laid down in the law. This statement is an elaboration of the legal protection of the handling of customer personal data.
2. Sonah Catering uses the personal data you provide to provide you with the best possible service. Your personal data is available to all parts of Sonah Catering, so that advice or services can always be provided that are as balanced and balanced as possible. In addition, the internal and legal rules for the exchange of personal data remain fully applicable. In addition, this data is used to prevent, detect and combat improper use and/or abuse. If you do not wish to receive information about services and products, you can make this known by sending an email to: [email protected].
3. Sonah Catering takes great care when processing your personal data. It only uses those data that are necessary for optimal operation and service. Insofar as this does not arise from the law or from obligations that Sonah Catering has entered into towards you, no personal data will be provided to third parties without your permission.
4. Sonah Catering does not collect or use information and data for purposes other than those stated in this statement, unless we have obtained your prior consent. The terms and conditions are clearly described in all quotations and can also be found in the general terms and conditions on the website.
5. You have the option of asking Sonah catering which data it processes from you and, in the event of any inaccuracies, have it corrected. You can request an overview of your data in writing and with motivation from Sonah catering.
6. Sonah catering is for the realization of the purposes for which the data is processed. How long certain data is kept depends on the nature of the data and the purposes for which it is processed. The retention period can therefore differ per purpose.
7. Sonah catering assumes that we are allowed to take photos during the event that may be used for our own promotional use. If this is not desired, please let us know and we will respect this.
Article 11: Applicable law and competent court
1. Dutch law applies to all legal relationships between Sonah catering and the client.
2. All disputes arising from the agreement concluded with Sonah catering to which these terms and conditions apply in whole or in part, or from further agreements resulting therefrom, will be settled exclusively by a competent court in the district of Amsterdam, unless indicated otherwise by Sonah catering.
3. The general terms and conditions can be consulted at www.sonahcatering.nl