TERMS & CONDITIONS
Below you will find our Terms and Conditions of Delivery.
Should you, after reading these general terms and conditions, have any questions, comments or complaints regarding them, please contact Trend Agency Move, either in writing, by telephone or by email:
Trend Agency Move
3534 AS Utrecht
+31 6 29557093
The Website is owned and operated by Trend Agency Move, a company established under the laws of the Netherlands with registered number 61911275
You must read and agree to these terms and conditions before you may use the Website.
1.1 TAM, hereafter “TAM”, legal entity which provides Services.
1.2. Client: the party which commissions TAM to the provision
of a Service/Services.
1.3. Parties: TAM and the Client.
1.4. Contract: agreement on the provision of a Service, entered
into between TAM and the Client.
1.5. Service(s): the provision of (trend)forecasts, trendbook, presentation
activities and workshops, providing advice, writing articles and other assignments over which TAM and the Client enter into a Contract.
1.6. Website: www.trendagencymove.com
1.7. Third party: any party other than TAM and the Client.
2.1. These general terms and conditions are applicable to every Contract established between TAM and the Client.
2.2. Should any confusion arise regarding the interpretation of one of more stipulations contained in these general terms and conditions, then the general terms and conditions must be interpreted in accordance with the valid legislation and jurisprudence.
2.3. In the event of a situation arising between Parties which is not covered by these general terms and conditions, then this situation must be judged in accordance with the valid legislation and jurisprudence.
2.4. In case TAM does not always demand strict compliance with these terms and conditions, this shall not lead to the inapplicability of these terms and conditions nor to TAM in any way forfeiting the right to demand strict compliance with the terms and conditions in other cases.
2.5. TAM shall use all legal and technical means to prevent violation of the general terms and conditions or to enforce compliance with them.
2.6. Should typing errors or mistakes be discovered in the Contract, on the basis of which the Contract is entered into, TAM is entitled to dissolve this Contract as long as no more than seven calendar days have elapsed since payment of the deposit.
2.7 Accepting an offer or placing an order implies the applicability of these conditions.
3.1 By using our Website you or the employer or other entity on whose behalf you are entering into this agreement accept these Terms and enter into a legally binding agreement with us. If you do not agree to the Terms, do not use the Website.
3.2 We reserve the right to vary the Terms at any time by posting any updated terms and conditions on the Website. Any amendments to the terms and conditions shall take effect from the date of publication on the Website.
3.3 You are responsible for regularly reviewing the terms and conditions that are published on the Website from time to time and shall be bound by these if you continue to use the Website. If you have any questions at any time in relation to the Terms then please contact us at firstname.lastname@example.org.
4.1 To register as a Subscriber, you must provide us with accurate information about you (including your current valid email address). You should inform us of any material changes to that information by contacting us at email@example.com or
5 Execution of the Contract
5.1. The Client must supply all information which is necessary for TAM to execute the Contract.
5.2. TAM is not liable for damage or loss, of any nature whatsoever, resulting from the use by TAM of incorrect and/or incomplete information supplied by the Client.
5.3. Should it emerge that the Client is an obstructive factor in the execution of the Contract, then TAM reserves the right to suspend the obligations of the Contract or else, after written notification, to dissolve the Contract, without being obliged to pay any form of damage compensation.
5.4. The Client shall be responsible for providing adequate facilities necessary for the execution of the Contract.
5.5. TAM shall, in good conscience and to the best of its abilities, bring the Contract to execution, in accordance with the wishes and objectives of the Client.
5.6. Both Parties are bound to protect the confidentiality of all confidential information which they have obtained from each other or from other sources within the context of their Contract. Information is deemed to be confidential if the other Party has identified it as such or if this is obvious due to the nature of the information or insofar as the Parties are aware of the confidential nature of the information or ought reasonably to be aware of this.
6 Amendments and Supplements to the Contract
6.1. In the event that one of the Parties wishes to amend the content or scope of the Contract, such as the stipulation of other or supplementary conditions, the Parties shall amend the Contract accordingly in writing, in a timely manner and in mutual consultation, insofar as the Parties can reach an agreement.
6.2. Should the amendment or supplement to the Contract have any financial and/ or quality-related consequences, TAM shall inform the Client thereof in advance.
6.3. Any additional costs arising from implemented amendments or supplements shall be met by the Party which initiated the changes.
6.4. In the event that the Parties are unable to reach agreement regarding potential amendments or supplements, the Parties remain bound by the original Contract.
7 Responsibilities and Obligations of the Client
7.1 The Client shall be responsible for providing professional facilities, as specified in the Contract.
7.2. Professional facilities are understood to include among others sound equipment, audiovisual equipment, microphones, screens, beamers and suchlike in the broadest sense. The Client shall ensure that these facilities are set up in good time, that they are in good condition and that they satisfy any safety requirements.
7.3. The Client shall guarantee the safety and security of TAM, to be assessed and determined by TAM.
7.4. In the event that TAM operates outside the Netherlands or the country of its permanent residence, the Client is responsible for strict compliance with the local valid legislation and regulations. Where there is any doubt, the Client is obliged to make immediate contact with TAM.
7.5. Without prior written permission from TAM, the Client and Third Parties are not permitted to:
a. Take photographs, or make film, video, audio or other recordings or reports of the activities or operations of TAM;
b. Allow access to the press and/or camera crews. Use the name and/or image of TAM in for publicity purposes via any kind of medium whatsoever, aside from targeted mailings and/or invitations to the meeting.
6. Should the Client not satisfy the demands specified in this article, TAM shall not be bound to fulfil its obligations, without prejudice to the obligation of the Client to pay the agreed fee in full.
8 Use of Our Content
8.1 The content within our Trendbook, Website or Services and in any newsletters or other communications sent to you (“Communications”) includes but is not limited to any text, photographs, images, designs, artwork and logos (“Content”) and belongs to us or our licensors or other copyright holders as applicable.
8.2 You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, commercially exploit or otherwise use our Content in any way except for your own personal use. You also agree not to adapt, alter or create a derivative work from any of our content except for your own personal use. Any other use of our Content requires our prior written permission.
8.3 In particular and without limitation to the above, you shall not without our prior written consent:
8.4 You acknowledge that your use of content licensed to you by a third party licensor itself is governed by the terms and conditions that you enter into with that licensor and is not governed by these Terms.
8.5 We may from time to time provide Communications to you, including our regular newsletter which you shall receive automatically when you subscribe to the Website. If you do not currently receive our Communications, then you shall be entitled to sign up on the Website to receive these at any time. In the event that you wish to cease to receive our Communications then you should notify us by clicking on the “Unsubscribe” link contained in the relevant Communication. You agree that your use of the Content in relation to any Communication that you receive shall be at all times subject to these Terms.
8.6 Comments. Any Website user or third party generated social networking comments (“Comments”) presented on the Website and indicated as such, represent the opinion and are property of the original author only. They do not represent the opinion of TAM and TAM is not responsible for any use that might be made of information contained in the Comments.
8.7 Send to A Friend. If you provide us with your friend’s or colleague’s contact details via our “send to a friend” feature, you represent and warrant to us that you have received their consent before providing his or her contact details to us.
9.1 All prices quoted, whether verbally, in writing or electronically, are, unless otherwise specified, exclusive of VAT (Value Added Tax), travel and accommodation expenses.
9.2 After provision of the Service by TAM, the Client shall receive an invoice from TAM for the remaining fee to be paid. Payment to TAM must be remitted within 14 days of completion of the Service provided.
9.3. TAM shall determine whether it sends an electronic or a paper invoice to the Client.
9.4 Payment shall be remitted in the manner indicated by TAM in the invoice.
9.5 In the event that the Client exceeds the payment term, the Client shall be deemed to be in default by operation of law, without TAM first having to declare in writing the Client to be in default or having to pursue the Client for payment. In this event the Client shall owe an interest of 10% per month. The interest on the payable amount shall be calculated from the moment at which the Client was held in default until the moment that the invoice is paid.
9.6 In the event that the Client does not pay the sum owed on time, the Client shall owe to TAM all extrajudicial and judicial costs incurred by TAM.
9.7 In the event that the Client does not fulfil its payment obligations on time, TAM shall be entitled to dissolve the existing Contract, as well as any other contracts already agreed upon.
9.8 Should TAM decide not to dissolve other contracts already agreed upon, as referred to in the previous paragraph, TAM shall be entitled to suspend its obligations in these contracts until the moment at which the Client fulfils its payment obligations arising from the Contract.
9.9 In the event of liquidation, bankruptcy, repossession or suspension of payment on the part of the Client, all debts owed to TAM by the Client shall be immediately collectable.
10.1 supply by TAM takes place with due speed but at least within thirty (30) days after order, unless otherwise specified by TAM. If delivery takes place in time, you will receive within one week after placing the order message and you have at the time of delivery the right to dissolve the agreement free of charge by written communication to TAM. Exceeding the delivery period does not entitle you to compensation.
10.2 Supply takes place at the time that the product you receive by (or on behalf of) is taken.
10.3 Delivery shall be made at home or PO box by the TNT/UPS or other delivery company. From the moment of delivery, the risk is for the client. If TAM can demonstrate that the product is sent to the client, TAM has met its obligation to deliver. The delivery times publicized by TAM are always approximate and are never firm dates.
10.4 Single issues of trend books and trend reports, can never be returned. At return TAM is not required to refund the purchase price to the client.
11 Retention Of Title
11.1 the ownership of delivered products shall proceed, if you have paid for it. The risk in respect of the products starts at the time of delivery.
11.2 products delivered by TAM remain its property until full payment has been made. At (permanent) non-payment, TAM is entitled to take back the article, while the client is obliged to indemnify fully to TAM.
12 Intellectual Property
12.1 The trademarks, logos and names displayed on the Website and in our Communications like trendbooks or newsletters are our or our licensors’ registered or unregistered trademarks as applicable. Except where expressly stated to the contrary, nothing on our Website confers any license or right to use any trademark displayed on our Website, or other products or services provided by TAM without the prior written agreement of the owner of the relevant trademark.
12.2 Any Intellectual Property Rights in the Website, Content and in our Communications shall be owned by us, our licensors or other copyright holders (as applicable). Intellectual Property Rights means patents, trade marks, service marks, registered designs, design rights, confidential information, applications for any of the foregoing, copyright, database rights, know-how, unregistered designs, trade or business names and other similar rights or obligations anywhere in the world, whether registered or not and whether capable of registration or not.
12.3 In the event that you consider that your Intellectual Property rights have or are being infringed arising out of any Content contained on the Website or in a Communication then please notify us as soon as possible at firstname.lastname@example.org.
12.4 For the avoidance of doubt, your use of content licensed to you by a third party licensor shall not be governed by these Terms but shall be governed by the terms of the license agreement that is provided to you by that licensor.
12.5 If we choose to feature you as a subscriber\user you agree that we may use the name and/or logo of your company for this purpose. We may also use your company and app name and logo in presentations, reports, case studies, marketing materials and similar documentation unless you specify otherwise.
13 Limitation of Liability and Indemnity
13.1 We shall have no liability to you for any and all damages, claims, proceedings, actions, awards, expenses and costs in relation to:
13.2 In any event, our total liability to you under and/or arising in relation to these Terms shall not exceed the amount paid by you to us within the preceding year. You shall provide to us written evidence of any claims for which it is alleged that we are liable together with written details of how any loss was caused by us and the steps you have taken to mitigate the loss (if any) before we consider your claim.
13.3 Nothing in these Terms shall exclude or limit our liability for death or personal injury due to our negligence or any other liability which we are not permitted to exclude or limit as a matter of law.
13.4 You shall indemnify us against any and all losses, damages, awards, costs (including legal costs), claims and any other losses and/or liabilities suffered by us arising from your misuse of the website, trend book, other trend reports or newsletters, or arising from or due to any breach of these Terms by you.
14.1 We do not warrant that the Trend Book and Services, or that any element of the Website and Services, will meet your requirements, purpose and/or expectations, nor that any of the Content on the Website and/or the Communications is accurate or complete and we are under no obligation to verify any such Content.
14.2 The Content, Website, Communications and Services are provided “as is” and on an “is available” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, accuracy, fitness for a particular purpose, non-infringement, compatibility and security.
14.3 The use of TAM’s services like the Trend Book or Trend Reports, and any materials obtained through the use of TAM’s services is at its own discretion and risk and Subscriber is solely responsible for any infringement of any intellectual property rights that results from such use.
14.4 We do not provide any warranties in respect of the Website or the results, availability, and/or uninterrupted use of the services like the Trend Book, website, or Trend Reports.
15 Termination of the Contract
15.1 Termination of the Contract shall occur by operation of law when the agreed term has expired.
15.2 Termination of the Contract by the Client is possible. However, should the Client terminate the Contract before or on the first day of execution, TAM is entitled to the following fee to be paid by the Client:
a. Should the Client terminate on the 30th day before com
mencement of a Service or earlier, then he is obligated
to pay 50% of the agreed fee;
b. Should the Client terminate between the 14th and the
30th day before commencement of a Service, then he is obligated to pay 60% of the agreed fee;
c. Should the Client terminate between the 1st and the
14th day before commencement of a Service, then he
is obligated to pay 80% of the agreed fee;
15.3 In case the Client, after commencement of a Service, prematurely discontinues participation or otherwise no longer
makes use of the Service, then he shall be obligated to pay to TAM the total agreed fee.
15.4 For periodic (monthly, quarterly) card billed subscriptions you shall be entitled to terminate your subscription with effect from the next billing period at any time by sending a notice to us at email@example.com. Such notice must be received at least 5 working days prior to the next billing date. You will not then be charged for the next due period. If you do so then you shall not be entitled to a refund for any payments you have already made except in accordance with these Terms or as separately agreed in writing. Annual or other custom packages or agreements may not be cancelled during the period.
16 Force Majeure
16.1 TAM is not bound to comply with any contractual obligation if it is prevented from doing so as a consequence of a circumstance not attributable to fault and which is not regarded as its responsibility by virtue of the law, legal action or according to generally accepted standards.
16.2 TAM is, in case of Force Majeure, as referred to in the first paragraph, entitled to, at its own discretion, suspend execution of the Contract, or to dissolve the Contract without judicial intervention, by sharing this in writing with the Client and without TAM being bound to pay any damage compensation, unless this would be unacceptable in the given circumstances by standards of reasonableness and fairness.
16.3 When for serious reasons or Force Majeure a previously agreed Service cannot be provided by TAM, TAM shall, in consultation with the Client, do everything in its power either to provide a suitable replacement Service, to arrange a new date or to seek a solution suitable for both Parties. In case of replacement, the agreed fee shall be adjusted to the applicable rate of the replacement Service.
17 Applicable Law and Place of Jurisdiction
17.1 All legal relationships to which TAM is a party shall be exclusively governed by the laws of the Netherlands, also in the case that a contract is fully or partly executed abroad or if the other party involved in the legal relationship claims residency in another country.
17.2 All potential disputes arising between TAM and the Client over the creation, execution, interpretation and/or termination of the Contract, or other disputes regarding the Contract or the general terms and conditions shall be settled exclusively by the court of competent jurisdiction in Alkmaar, the Netherlands.
18.1 You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of this agreement or your use of the website, trend book and other services.
18.2 We may assign or transfer ownership of and benefits of these Terms to a third party at any time without your consent.
18.3 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the terms and conditions and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
18.4 No waiver by us of any breach of the terms and conditions shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
18.5 Parties hereby agree to submit to the exclusive jurisdiction of the Dutch courts.
18.6 Notices to you may be made via either email or regular first class mail. Notices to us shall be made by email to firstname.lastname@example.org or by regular mail to the above address. Any notices sent by email shall be deemed to be received on the day they were sent. Any notices sent by regular first class mail shall be deemed to have been delivered 72 hours after posting.
18.7 Headings in these terms and conditions are for ease of reference only and shall not affect their interpretation.
18.8 All third party rights are excluded and no third parties shall have any right to enforce the terms and conditions. This shall not apply to our associated companies who shall have the right to enforce the terms and conditions as if they were us.
18.8.These terms and conditions can be found on the website of TAM, http://www.trendagencymove.com
© Trend Agency Move January 2020