Terms and Conditions
Amsterdam, October 2024
Article 1 Definitions
- Stichting Grafische Werkplaats Amsterdam, established in Amsterdam, KvK number 342 777 27, is referred to in these general terms and conditions as GWA.
- The other party is referred to as customer in these general terms and conditions.
- Agreement means the contract of assignment under which GWA makes a space available to client or facilitates a workshop or course for a fee and under which the general terms and conditions have been declared applicable.
Article 2 Applicability of general terms and conditions
- These conditions apply to all offers, work, contracts and supply of services by or on behalf of GWA to which it has declared these conditions applicable, where these conditions have not been expressly deviated from in writing.
- The conditions also apply to actions of third parties engaged by GWA in connection with the assignment.
- Applicable is always the version of these general conditions that appears on the site at the time of purchase. GWA is entitled to unilaterally modify the general conditions if it deems it necessary. In such a case it will send a new version of the general conditions. If the new version contains a drastic change that adversely affects the customer, the customer has the right to dissolve the contract.
- The applicability of the customer’s general terms and conditions is expressly rejected.
- If one or more provisions of these general terms and conditions are at any time wholly or partially void or voidable, the remaining provisions of these general terms and conditions shall remain in full force and effect.
Article 3 Offer
- If an offer is made, the offer expires after 14 calendar days unless otherwise agreed upon.
- GWA cannot be held to its offer if the customer could reasonably understand that the offer, or any part thereof, contains an obvious mistake or clerical error.
- An offer does not automatically apply to follow-up assignments.
- A booking for the workshop is final only upon receipt
of a booking confirmation, written or otherwise.
Article 4 Rates and payments
- The agreement is entered into for a definite period, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.
- Rates for a workstation when using strippenkaart include coffee and tea, including ink except fluorine ink, and cleaning supplies. Rates do not include paper and other materials.
- Rates for workshops and courses include rental, general guidance, required materials and coffee and tea, but do not include extras or other materials to be booked.
- Acceptance of the offer creates the obligation to pay. No option can be placed on a date. A date is permanently reserved only after full payment has been made.
- If more time is desired than previously agreed upon, customer must book additional hours or a day (part). This is only possible if another reservation has not already been made for the additional desired time frame. GWA cannot guarantee that the space can be used beyond the time initially reserved.
- Customer can also purchase a strip card. These must be paid in full in advance and are valid as long as the workshop exists. Booking a day (part) is always through GWA and must be scheduled according to availability.
- The fees agreed upon when entering into the contract are based on the price level applicable at that time. GWA has the right to adjust the fees at any time when changed circumstances require it. Fees will not be adjusted for current contracts.
- Regular workshops and courses must be paid directly at the time of purchase.
- For customized workshops and courses, GWA is entitled to require a deposit. The remaining part of the payment will be made after execution of the contract.
- Billing for use of the workshop takes place at the end of the day.
- Invoices must be paid within 14 calendar days of the invoice date, unless otherwise agreed, the invoice states a different payment period, or the work is to commence earlier.
- Customer is legally in default if she fails to fulfill her payment obligations within the specified payment period. From the time that customer is in default until the time that the invoice is paid in full, legal interest will be due.
- If Customer is in default or breach of contract, all reasonable costs incurred by GWA in collecting the claim shall be for Customer.
- If Customer is in a state of liquidation, bankruptcy or
suspension of payments, all claims of GWA against Customer are immediately due and payable.
Article 5 Obligations of customer
- Client shall make all information relevant to the performance of the assignment, including experience in engineering, available to GWA in a timely manner.
- Customer guarantees the accuracy, completeness and reliability of the data made available, even if it comes from third parties. GWA will treat the data confidentially.
- Customer indemnifies GWA for any damage resulting from failure to comply with the provisions of the first paragraph of this article.
- GWA is entitled to refuse customers if they do not have sufficient experience, or to impose additional requirements, such as attending a course, for use of the workshop.
- Client is required to abide by the applicable house rules. These include the skillful and safe use of equipment and resources, leaving a workplace neat and tidy, keeping track of material consumption, leaving materials clean and storing materials.
Article 6 Retention of material
- Customer is responsible for work made. Work may be left in the drying racks, but it is customer’s own responsibility to remove made work within one month. Work will be discarded after one month.
- General printing materials should be left clean after use.
Article 7 Execution of the Agreement
- GWA performs the assignment to the best of its knowledge and ability. GWA is not responsible for not achieving the result that client intended.
- GWA is authorized to engage third parties to perform the work.
Article 8 Cancellation
- GWA has the right to refuse a booking.
- GWA is authorized to terminate the agreement when new facts or circumstances arise, which result in a disruption of the trust relationship. In such a case, GWA shall not be liable for any compensation.
- If unforeseen circumstances arise and GWA is prevented from performing the contract as a result, GWA may interrupt or reschedule the contract. Unforeseen circumstances include circumstances that arise with respect to materials or space, which are necessary for proper performance of the contract.
- If GWA is prevented from carrying out the order, it shall endeavor to reschedule the work to another time or provide equivalent replacement. If this is not possible, the customer is entitled to rescind the contract.
- To properly reflect the group element, GWA may work with a minimum number of participants for certain agreements. If the minimum number of participants is not achieved, the edition in question will be cancelled and client will receive a refund of the amount already paid within 14 calendar days.
- Customer can only cancel in writing. The following cancellation conditions apply: customer may cancel the contract concluded remotely up to 14 calendar days after the conclusion of the contract free of charge, unless the work has been carried out in full within the aforementioned 14 calendar days, the dates were already known at the time of the conclusion of the contract and customer has expressly waived the right of withdrawal during the purchase or the contract was entered into business, b2b.
- Outside the statutory cooling-off period, the following cancellation conditions apply: For one-time workshops or courses: customer can cancel the proof of purchase up to 14 calendar days in advance free of charge. In case of cancellation within 14 calendar days, cancellation of participation is not possible with a refund. Customer is in such a case, however, entitled to resell the proof of purchase, provided this is done in consultation with GWA and the proof of purchase is not resold at a higher price than the purchase price. For multi-day workshops or courses: If Customer wishes to cancel the course when the course has already started, Customer shall owe the entire course fee, unless a legal obligation stipulates otherwise. Customer is in such a case also entitled to resell the certificate of participation. A missed course day cannot be made up, unless otherwise agreed.
Article 9 Workshops and courses
- GWA is entitled to make changes to the dates or location of an offline workshop. In case of changes, customer has the right to cancel. Customer also has the right to register for the same workshop on another date at no cost.
- If the offline work cannot take place due to circumstances beyond GWA’s control, it may give the work online. This does not entitle customer to a refund unless otherwise agreed.
- If image and/or audio recordings are made during offline activities in which other persons are visible, permission from both GWA and the other participants is required for posting.
- If customer is a nuisance to the group, customer may be excluded from participation. This does not entitle to a refund of the amount already paid.
Article 10 Force Majeure
- In the event of force majeure, the parties may suspend or reschedule the agreement. Force majeure exists, among other things, if the agreement cannot be performed, temporarily or otherwise, due to circumstances beyond the reasonable control of the parties and for which reasonable proof can be provided. For example, hospitalizations, accidents, fire, a
pandemic or government measures. - In case of a b2c agreement, customer cannot be obliged to reschedule the agreement. The obligations arising from the agreement shall be suspended as long as the parties cannot fulfill their obligations. When this situation arises, the parties will seek a solution together. If the situation continues without
a suitable solution, the parties have the right to dissolve the agreement without undoing it. The costs and hours worked up to that point will become due and payable. - In the case of a b2b agreement, the parties are obliged to reschedule the work. The payment obligation remains in place, unless otherwise agreed.
- If the customer wishes to reschedule the contract due to a pandemic, but the government measures do not make continuation of the contract, modified or not, impossible, GWA is entitled to charge the costs associated with the rescheduling.
Article 11 Liability for damages
- GWA shall not be liable for damages arising out of this Agreement unless the damages were caused intentionally or with gross negligence.
- GWA is not liable for damages arising from its reliance on incorrect or incomplete information provided by or on behalf of Client.
- GWA cannot be held liable for the failure of equipment or network connections.
- Customer is responsible for exceeding the agreed time frame.
- Customer is required to have liability insurance.
- Customer is responsible for following given advice.
- Customers should treat each other and each other’s property with respect. Customer is responsible for personal property unless a custodial agreement is entered into.
- If customer causes damage to material, he is obliged to compensate the assessed value. GWA is also entitled to charge for lost earnings.
- In the event that GWA owes compensation to customer for causing direct damages, the damages shall not exceed the amount paid by the liability insurance, or if no payment is made twice the amount charged by GWA to customer, unless reasonableness and fairness require otherwise.
- Customer shall indemnify GWA against all third party claims related to the services provided by GWA.
Article 12 Intellectual property
- The intellectual property rights to the materials and information provided by GWA to Customer are vested in GWA. Customer is expressly not permitted to reproduce, disclose or make available to third parties the materials and documentation and information provided without prior permission.
- By entering into the agreement, the client gives GWA permission to use visual material and brand names for portfolio, own website, advertisements, social media, magazine articles, printed matter, exhibition material and demonstration material, unless prior express objection is made. If personal data is visible on these materials, a consent form will be used.
Article 13 Special provisions
- Both parties are bound to maintain the confidentiality of all confidential information obtained under their agreement.
- GWA is required to exclude customers or guests who do not comply with the house rules or cause a nuisance from the premises.
Article 14 Complaints
- Customer is obliged to communicate complaints about invoices and/or the services provided to GWA in writing and with reasons within 14 calendar days after the complaint has arisen. It aims to respond to complaints within 14 calendar days.
- GWA should be given the opportunity to correct a defect.
- Filing a complaint does not suspend the payment obligation.
Article 15 Dispute resolution
- These general terms and conditions are governed by Dutch law.
- The parties will resort to court only after they have made every effort to settle a dispute by mutual agreement.
- All disputes will be settled by the competent court in the district in which GWA is located, unless a legal requirement provides otherwise.
- Notwithstanding statutory limitation periods, the limitation period for all claims and defenses against GWA and third parties involved is 12 months.
Questions about the Terms and Conditions? Please contact us.