terms and conditions

definitions

In these Terms and Conditions, the following definitions apply:

BonBon Entertainment: the private company with limited liability BonBon Entertainment BV, with its registered office and principal place of business at Cypresbaan 15 (2908 LT) Capelle aan den IJssel, registered in the Trade Register of the Chamber of Commerce under number 55754368 and/or its affiliated companies;

“Terms and Conditions”: these General Terms and Conditions;

‘Visitor’: the consumer who purchases an Admission Ticket for an Event and/or visits an Event;

‘Event’: An event organized in the Netherlands by BONBON ENTERTAINMENT in the broadest sense of the word, including indoor events, outdoor events and festivals; there who purchases an Admission Ticket for an Event and/or visits an Event;

‘Entrance ticket’: a physical and/or digital document, ticket or barcode delivered to the Visitor by BONBON ENTERTAINMENT and/or an official sales organization engaged by BonBon Entertainment, which entitles the visitor to access and/or attend an Event;

“Website”: BonBon Entertainment.nl and/or any official Event website.

‘Other Party’: A Supplier, as referred to in these General Terms and Conditions.

Applicability:

2.1 These General Terms and Conditions apply to all offers from BONBON ENTERTAINMENT and to all agreements between BONBON ENTERTAINMENT and the Other Party mentioned in this document.

2.2 If an Event is organized by a BONBON ENTERTAINMENT Holding B.V. affiliated company, these General Terms and Conditions apply provided that they can be consulted on the website of the relevant Event. The company concerned is therefore a contracting party and also a ‘user’ of these General Terms and Conditions in accordance with art. 6:231 sub b BW. BONBON ENTERTAINMENT Holding B.V. will never itself be the contracting party and/or the legal ‘user’ of these General Terms and Conditions and will therefore never be a party to a dispute or be liable to a Other Party.

2.3 The applicability of any conditions of the Other Party is hereby rejected by BonBon Entertainment.

2.4 A deviation from the General Terms and Conditions is only binding if BONBON ENTERTAINMENT has agreed to this deviation in writing.

3. View

3.1 Before entering into the agreement, the General Terms and Conditions are made available electronically in such a way that they can be stored by the Other Party on a durable data carrier. In addition, the General Terms and Conditions can be viewed via the relevant Website. In addition, these General Terms and Conditions will be sent to the Other Party electronically or in another manner upon first request. You can send a request to this effect to info@BonBon Entertainment.nl.

amendments

4.1 BONBON ENTERTAINMENT reserves the right to unilaterally change the General Terms and Conditions. The amended version of the General Terms and Conditions will be clearly published on the relevant Website. The amended version of the General Terms and Conditions is effective from the moment of publication.

General Purchase Conditions with regard to products and services of third parties

Applicability:

1.1 These General Terms and Conditions apply to all requests and orders from BONBON ENTERTAINMENT, to all quotations, offers from third parties (hereinafter: the Supplier) and to agreements and other legal acts between BONBON ENTERTAINMENT and the Supplier with regard to the purchase, delivery, rental and the loan of goods and the provision of services, the performance of agreements and/or the performance of other activities by the Supplier for BONBON ENTERTAINMENT.

1.2 The applicability of the general terms and conditions used by the Supplier is hereby expressly rejected, unless otherwise agreed in writing. If in the latter case there is a contradiction between these General Terms and Conditions and the terms and conditions used by the Supplier, these General Terms and Conditions shall prevail.

1.3 If the content of the agreement deviates from the content of these General Terms and Conditions, the content of the agreement will prevail.

Realization of the agreement

2.1 Any quotations and/or offers from the Supplier must be made in writing and are irrevocable.

2.2 An agreement between BONBON ENTERTAINMENT and the Supplier is established by BonBon Entertainment’s written acceptance of a quotation and/or offer from the Supplier.

2.3 Any costs associated with drawing up a quotation and/or offer are for the account of the Supplier.

2.4 BONBON ENTERTAINMENT may at all times discontinue the negotiations until an agreement with the Supplier has been concluded, without being obliged to pay any compensation to the Supplier for any costs or losses suffered or to be suffered, of whatever nature. or the cause of those costs or those losses.

2.5 After the agreement has been concluded, BONBON ENTERTAINMENT is entitled to request the Supplier to change the scope of the agreed goods and/or services. In In connection with such a request, BONBON ENTERTAINMENT will observe a period that is reasonable in connection with the agreed delivery period.met een dergelijk verzoek zal BONBON ENTERTAINMENT een termijn in acht nemen die redelijk is in verband met de overeengekomen leveringstermijn.

Prices, invoicing and payment

3.1 All prices are fixed and include delivery and/or transport costs, proper packaging and all other costs incurred by the Supplier in connection with the fulfillment of its obligations under the agreement.

3.2 The payment term of BONBON ENTERTAINMENT is forty-five (45) days after BONBON ENTERTAINMENT has received a clear and itemized invoice from Supplier after Supplier has properly delivered and/or otherwise fully complied with its obligations under the agreement. If the Supplier is a self-employed person (self-employed without personnel). Payment requires a valid Declaration of Employment Relationship (VAR) in which the agreed services are described.

3.3 Payment by BONBON ENTERTAINMENT in no way implies a waiver of rights.

3.4 BONBON ENTERTAINMENT is at all times entitled to pay in euros at the rate applicable on the date of payment of the Supplier’s invoice.

3.5 If the Supplier exercises any right to increase the price, BONBON ENTERTAINMENT is entitled to dissolve the agreement extrajudicially with immediate effect without any notice of default being required and without being obliged to pay any compensation.

3.6 If BONBON ENTERTAINMENT is in default with the fulfillment of its payment obligations, the Supplier is not entitled to charge any legal costs to BONBON ENTERTAINMENT, such as, but not limited to, the extrajudicial collection costs and attorney’s fees.

3.7 BONBON ENTERTAINMENT is at all times entitled to set off the Supplier’s claim(s) against a claim that BONBON ENTERTAINMENT (or a BONBON ENTERTAINMENT affiliated company) has against the Supplier (or a Supplier affiliated company).

Delivery, implemation

4.1 Unless otherwise agreed, the place of delivery of goods and services is the place of business of BONBON ENTERTAINMENT. BONBON ENTERTAINMENT is at all times entitled to give the Supplier deviating instructions with regard to the place of delivery, such as the place where an Event is held. In that case, the place of delivery is the location of the Event.

4.2 The Supplier is in default due to the mere exceeding of a delivery term. No further notice of default is required for being in default. The Supplier is obliged to inform BONBON ENTERTAINMENT without delay of any delay in the delivery period.

4.3 The ownership and risk of goods transfers to BONBON ENTERTAINMENT at the time of delivery. The Supplier guarantees that the unencumbered ownership of the goods is acquired by BONBON ENTERTAINMENT. Any retention of title by the Supplier is not accepted by BONBON ENTERTAINMENT, or at least not applicable.

4.4 The Supplier is obliged to immediately follow all reasonable instructions from BONBON ENTERTAINMENT with regard to the execution of the agreement.

Warranties, Indemnification

5.1 The supplier guarantees that the goods to be delivered and/or services to be provided comply with the agreement. This guarantee means in any case that:

the items have the properties that have been promised;
the goods are new and free from defects and rights of third parties, in any case that BONBON ENTERTAINMENT can use the goods without hindrance;
the goods or services are suitable for the purpose for which the order was placed or the agreement was concluded;
the service is provided professionally and continuously;
the items are provided with and accompanied by all information and instructions necessary for correct and safe use;
the items are provided with and accompanied by all documentation requested by BONBON ENTERTAINMENT, regardless of whether this documentation was requested by BonBon Entertainment before, during or after the conclusion of the agreement;
the goods and/or services fully comply with all required security regulations and/or government security guidelines and/or applicable in the entertainment/event sector;
the Supplier has all the necessary licenses necessary for the execution of the agreement;
the Supplier guarantees that all its personnel are deployed in accordance with the applicable laws and regulations, such as the Working Conditions Act, the Working Hours Act, etc.; and
that all taxes and national insurance contributions relating to the personnel engaged by the Supplier have been paid by the Supplier.

5.2 If the goods and/or services to be delivered do not comply with the agreement, the Supplier is liable for all direct and indirect damage that BonBon Entertainment suffers and/or will suffer as a result, without further notice of default being required. . Without prejudice to any right accruing to BONBON ENTERTAINMENT, such as claiming compensation, the Supplier will immediately remedy any defect in the delivered item/service at BONBON ENTERTAINMENT’s first request and BONBON ENTERTAINMENT is entitled to suspend its payment until the Supplier has fully paid has fulfilled its obligations.

5.3 The Supplier indemnifies BONBON ENTERTAINMENT against any claims from third parties that are the direct or indirect result of any acts by the Supplier in violation of the guarantees referred to in these General Terms and Conditions, including the consequences of any defect in the goods and/or services to be provided, violation of safety regulations and government-imposed fines and/or taxes.

Outsourcing, extra work

6.1 Without the prior written consent of BONBON ENTERTAINMENT, the Supplier is not permitted to transfer and/or subcontract the performance of the agreement in whole or in part to a third party.

6.2 If the Supplier transfers and/or outsources the performance of the agreement to a third party with BONBON ENTERTAINMENT’s prior written consent, the Supplier shall remain liable to BONBON ENTERTAINMENT for the correct performance thereof.

6.3 Changes to the agreement are only valid if BONBON ENTERTAINMENT has agreed to them in writing. The Supplier is only entitled to charge BonBon Entertainment for additional work with the prior written consent of BONBON ENTERTAINMENT.

Liability

7.1 BONBON ENTERTAINMENT is not liable for any damage suffered by the Supplier during the execution of the agreement, unless this damage is the result of intent or gross negligence on the part of BONBON ENTERTAINMENT.

7.2 Any liability of BONBON ENTERTAINMENT is at all times limited to the invoice value agreed between the parties and, insofar as this invoice value is exceeded, any liability of BONBON ENTERTAINMENT is at all times limited to the amount that is covered by BONBON ENTERTAINMENT’s third-party liability insurance.

7.3 Any loss of profits and other indirect damage are not eligible for compensation.

7.4 If the Supplier rents out or lends items to BONBON ENTERTAINMENT or if the Supplier brings items to the location of an event organized by BONBON ENTERTAINMENT, the risk of theft, loss or damage to those items rests with the Supplier, unless these items are stolen, lost and /or damage is the result of intent or gross negligence on the part of BONBON ENTERTAINMENT.

7.5 Regardless of the cause and regardless of whether the Supplier is attributably or culpably in default, the Supplier is liable for all damage inflicted or caused by the Supplier, its personnel, its auxiliary, subordinate or subordinate personnel and/or its affairs to:

Visitor(s);
the employees and/or affairs of BONBON ENTERTAINMENT;
the employees and/or business of other suppliers of BONBON ENTERTAINMENT;
the location of the event, including all items located at that location in connection with that event.

7.6 The Supplier indemnifies BONBON ENTERTAINMENT against any claims by third parties with regard to the damage for which the Supplier is liable under the preceding paragraphs.

7.7 The Contractor is obliged to take out sufficient (liability) insurance that at least covers the risk of damage as referred to in the previous paragraphs. In doing so, the Supplier takes into account and is aware of the risks associated with the event sector, including the working conditions specific to festival sites and large event locations. At BonBon Entertainment’s first request, the supplier will provide a copy of the insurance policy and the associated policy conditions.

Force of the majority

8.1 If BonBon Entertainment has to cancel an Event and/or cannot allow it to take place as a result of force majeure on the part of BONBON ENTERTAINMENT, BONBON ENTERTAINMENT is entitled to suspend or terminate the execution of the agreement. the agreement in the interim with immediate effect without judicial intervention and without being obliged to pay any compensation. If BONBON ENTERTAINMENT has already made a (deposit) payment to the Supplier, the Supplier shall immediately repay this (deposit) payment to BONBON ENTERTAINMENT, unless this (deposit) payment can be considered in whole or in part as payment for a performance already performed by the supplier.

8.2 Force majeure includes, but is not limited to: incapacity for work of the artist(s) due to illness of the artist, his family and/or otherwise, failure to fulfill obligations of artist(s), failure by (other) suppliers of BONBON ENTERTAINMENT , government measures, transport problems, fire, strike, work stoppage, epidemics, pandemics (such as Covid-19), closure of the Event Location, (un)availability of the Event Location, fights, riots, war situations, a terrorist attack or the threat thereof, national mourning as a result of the death of a member of the royal family or government, extreme weather, and any other circumstances beyond BonBon Entertainment’s control.

8.3 The Supplier is only entitled to invoke force majeure if the failure to fulfill its obligation is not due to its fault, nor for its account on the basis of the law or common opinion. Force majeure on the part of the Supplier in any case does not include: lack of personnel, strikes, production disruptions and fire in the company of the Supplier, breach of contract by third parties engaged by the Supplier, transport problems on the part of the Supplier or third parties engaged by the Supplier, breakdown of auxiliary materials, loss of or damage to material during transport by or on behalf of the Supplier, liquidity and/or solvency problems of the Supplier and/or government measures at the expense of the Supplier, including prohibitions on the import, export and transit of goods to be delivered by the Supplier; Supplier’s failure to comply with governmental or licensing requirements, other standards and guidelines.

8.4 If the Supplier, on whatever grounds, rightly or wrongly invokes BONBON ENTERTAINMENT, BONBON ENTERTAINMENT is entitled to terminate the agreement prematurely with immediate effect without judicial intervention being required and without being obliged to pay any compensation. If BONBON ENTERTAINMENT has already made an advance payment to the Supplier, the Supplier shall in all cases immediately repay this advance payment to BONBON ENTERTAINMENT.

Intellectual Property

9.1 If the execution of the agreement provided by the Supplier is covered by any intellectual property right (such as but not limited to copyright, neighboring right, design right, trademark right or patent) and/or if such a right arises during the execution of the agreement, the Supplier fully transfers this right and/or those rights, whether or not in advance, to BONBON ENTERTAINMENT. This transfer includes all forms of exploitation including publication and reproduction, as known now and/or in the future, without any limitation as to place, time and/or content. BONBON ENTERTAINMENT accepts this transfer in advance.

9.2 If this transfer is not legally valid in advance, the Supplier is obliged to sign a transfer deed after delivery of the work and/or object at BONBON ENTERTAINMENT’s first request, on pain of payment of an amount of EUR 10,000.00.

9.3 To the extent permitted by law, the Supplier waives its moral rights as referred to in Article 25 paragraph 1 under a, b and c of the Copyright Act.

9.4 The agreed price for the performance delivered by the Supplier includes a fee for the transfer of intellectual property rights as referred to in the previous paragraphs.

9.5 If the Supplier already has intellectual property rights in the performance delivered, the Supplier will grant an exclusive perpetual license with regard to the unrestricted worldwide use of that performance and/or those rights without BONBON ENTERTAINMENT being obliged to pay an additional fee.

9.6 The supplier guarantees that the delivered goods and/or services do not infringe the rights of third parties and indemnifies BONBON ENTERTAINMENT against any claims from third parties in this regard.

9.7 The intellectual property rights resting on the materials, documents, logos, brands, etc. provided by BONBON ENTERTAINMENT in the context of the agreement are at all times reserved and remain the property of BONBON ENTERTAINMENT. Only after written permission from BONBON ENTERTAINMENT is the Supplier allowed to publish promotional photos and/or videos of Events on its website.

Confidentiality

10.1 The parties guarantee that all information received from the other party, which is known or should be known to be of a confidential nature, will remain confidential, unless a legal obligation prescribes disclosure of this information. The party receiving confidential information will only use it for the purpose for which it was provided.

10.2 The Supplier is legally in default due to a single violation or non-compliance with the provisions of Article 10.1 and forfeits to BONBON ENTERTAINMENT an immediately due and payable fine of € 10,000.00 per violation, plus € 1000 per day or a part thereof that the violation and/or non-compliance continues. The foregoing does not affect the right of BONBON ENTERTAINMENT to also claim full compensation. Compliance with the obligation to pay the fine does not release the Supplier from the obligations under Article 10.1.

transfer

11.1 BONBON ENTERTAINMENT is permitted to transfer its rights and/or claims arising from its agreement with the Supplier to a third party without the Supplier’s consent.

termination

12.1 Without prejudice to the right to compensation and all other remedies, either party may terminate the agreement without judicial intervention prematurely in writing and with immediate effect if the other party is in default with the fulfillment of any obligation under this agreement.

12.2 BONBON ENTERTAINMENT is only in default if it fulfills any obligation under this agreement after receipt of a notice of default, whereby a period of 15 (in words: fifteen) days is granted to remedy the shortcoming.

12.3 Each of the parties may terminate the agreement prematurely in writing and with immediate effect without any notice of default or judicial intervention being required, if a suspension of payment – whether or not provisional – has been requested or granted from the other party, if with regard to the other party party has filed for or been granted bankruptcy or if the other party’s business is liquidated or terminated other than due to reconstruction or amalgamation of businesses.

Final Provisions

Personal information

1.1 BONBON ENTERTAINMENT will process the personal data of the Other Party in accordance with its privacy policy in accordance with the Implementation Act of the General Data Protection Regulation (“UAVG”). You can view this privacy policy here.

1.2 If the Supplier processes personal data within the meaning of the UAVG in connection with the performance of the Agreement, it guarantees that it will do so in accordance with the applicable legislation (including the UAVG) and will inform BONBON ENTERTAINMENT thereof. The supplier qualifies as a processor within the meaning of the UAVG, the parties will conclude a processing agreement, based on a model agreement from BONBON ENTERTAINMENT.

Other provisions

2.1 If one or more provisions in the General Terms and Conditions are void or destroyed, the other provisions will remain fully applicable. In that case, BONBON ENTERTAINMENT and the Other Party will replace the void or voided provision(s) with (a) legally valid provision(s) in which connection is sought as closely as possible with the original intention of the relevant article.

2.2 BONBON ENTERTAINMENT is at all times entitled to unilaterally change these General Terms and Conditions.

Applicable law, competent court

3.1 These General Terms and Conditions and the associated agreement are exclusively governed by Dutch law.

3.2 All disputes arising from or related to the General Terms and Conditions and the associated agreement will be submitted exclusively – to the exclusion of any other court – to the District Court of Rotterdam.