General terms and conditions

GENERAL TERMS AND CONDITIONS FOR VISITORS HET SIERAAD B.V.

Version: 11 – 4 – 2022 

  1. Applicability
    1. These General Terms and Conditions apply to all offers and legal relationships between Het Sieraad B.V. and its affiliated legal entities and trading names, including EdelWise (hereinafter referred to as the “Organizer“) with regard to any event organized by, for, on behalf of or at the Organizer (hereinafter referred to as the “Event“) and visitors to an Event who are not acting in a professional or commercial capacity and anyone who visits the location of the Event (hereinafter referred to as the “Visitor“). 
    2. Organizer is based in Amsterdam and is registered in the trade register of the Chamber of Commerce under number 73927414. The address of Organizer is Postjesweg 1, 1057 DT Amsterdam. During office hours, Organizer can be reached via https://www.het-sieraad.nl/, the social media channels of Organizer, +31 20 820 0928 and HetSieraad@DaalderCulinair.com.
    3. The Organizer’s house rules (https://… ) and privacy statement (https://www.het-sieraad.nl/privacybeleid/) also apply to all Events organized by the Organizer. The house rules are also posted at the entrance to (the location of) the Organizer.
    4. Organizer may amend these General Terms and Conditions at any time. Significant changes will be announced via the website, newsletter or social media channels of Organizer. If a Visitor finds the General Terms and Conditions contrary to the principles of reasonableness and fairness and does not agree thereto, then that Visitor must refrain from purchase and access, report this in writing and with reasons to the Organizer within 10 working days or earlier if the Visitor wishes to visit an Event sooner. If the Visitor does not do this, he/she/they will be deemed to have accepted the changes.
    5. The applicability of any others terms and conditions other than these (General) Terms and Conditions is hereby expressly rejected.
    6. If one or more provisions of these General Terms and Conditions are invalid or are annulled, this shall not affect the validity of the remaining provisions or the General Terms and Conditions as such.
    7. These General Terms and Conditions can be found via https://… before an admission ticket is purchased via the website or social media channels of the Organizer, they are referred to on an admission ticket for an Event and Visitors can find these General Terms and Conditions, or a summary thereof, at the entrance to an Event, before they enter.
    8. The General Terms and Conditions also apply if admission tickets for an Event have been obtained by a Visitor via a third party.
    9. Visitors must comply with these General Terms and Conditions and the Organizer’s house rules and any general terms and conditions and house rules of the location where the Event takes place.
  1. Offer and conclusion of agreements
    1. All information provided by, for or on behalf of Organizer with regard to an Event will be provided as careful as possible. Nevertheless, the Organizer cannot be held liable for any inaccuracies or incompleteness in respect of this information and communication.
    2. The agreement between the Organizer and Visitor (hereinafter referred to as: ‘Parties‘) is concluded at the moment that a Visitor buys or acquires an admission ticket for an Event, or at any moment when a Visitor visits the Event or when a Visitor visits or uses the Organizer’s website.
    3. A Visitor cannot return a purchased admission ticket due to a legal exception to the right of withdrawal as described in Article 6:230p sub e of the Dutch Civil Code (hereinafter referred to as: “DCC”). Admission tickets obtained free of charge cannot be exchanged for money. By purchasing an admission ticket, the Parties enter into an agreement with each other for the provision of a service relating to leisure activities, whereby the agreement includes a specific time of fulfilment, namely the date and time at which the Event will (purportedly) take place. Visitors will be informed before the conclusion of the (purchase) agreement that a right of withdrawal or return is not applicable. Organizer will follow the consumer legislation in regard of ticket sales, cancellations and voucher regulations, insofar as this legislation is mandatory.
  1. Access
    1. A Visitor must be 18 years of age or older to gain access to an Event, unless the Organizer has explicitly determined otherwise. 
    2. Visitors must have a valid (obtained) identity card and admission ticket when entering the Event location. These documents must be shown to the Organizer and its employees and contractors when requested. 
    3. Only tickets purchased or obtained via the Organizer or its designated parties will be valid as admission tickets to an Event. The burden of proof lies with the Visitor.
    4. If the sale of admission tickets is effected by a third party appointed by the Organizer and that third party applies its own general terms and conditions, the Visitor will also be bound by those terms and conditions. These General Terms and Conditions will take precedence over any other terms if there are discrepancies.
    5. An admission ticket for an Event does not give access to lockers, food and drinks, overnight stays or other accommodation or parking facilities at the Event, unless expressly stated otherwise.
    6. Organizer may set a maximum number of tickets available per (intended) Visitor. A Visitor must comply that maximum amount.
    7. An admission ticket will be issued once only by the Organizer to a Visitor. 
    8. The Visitor must take measures to be able to receive and store an admission ticket digitally, but in any case securely. 
    9. A valid and original admission ticket entitles the holder to a single admission to the Event and immediately loses its validity after the visitor leaves the Event or the Organizer’s location. Only the Visitor who is the first to show the admission ticket at the entrance to an Event will be granted access to that Event. In that regard, Organizer does not have the obligation to investigate the validity of the admission tickets shown to it at the entrance to the Event, if those admission tickets (e.g. by means of a barcode or QR code) provide valid access to the Event.
    10. Admission tickets may not be copied or modified by a Visitor or third parties and cannot be exchanged or returned.
    11. Admission tickets purchased via a non-authorized platform, marketplace, shop or in any other unauthorized way are invalid and do not grant access to an Event.
    12. If the buyer or purchaser of an admission ticket passes on this admission ticket to someone other than the Visitor, then this first person must ensure and guarantee that this second person will also comply with these General Terms and Conditions.
    13. Admission tickets that are not valid(ly obtained or sold), or that are used by a person other than the one to whom they were issued or intended, or are otherwise illegal or invalid use, e.g. through abuse or fraud, do not grant access to the Event.
    14. Organizer may search Visitors and their clothing, bags, coats, accessories or other luggage, for instance by means of a body search or passing through a detection gate. Visitors If a Visitor refuses to do so, entry to the Event may be denied without the right to a refund, compensation or damages.
    15. A Visitor who is refused admission to the Event or who is lawfully removed from the Event is not entitled to a refund of the ticket price, service, administration, damages and other costs incurred.
    16. A Visitor may not use the website, software, content, files or payment procedures of the Organizer or third parties connected to it in the framework of an Event in any way other than is intended, in order to circumvent or disrupt them.
    17. Organizer reserves the right not to admit a Visitor to an Event.
  1. Prohibited articles
    1. A Visitor may not bring animals, prohibited or dangerous objects or substances for himself or herself or for others to or use at or around an Event. This includes, among others:
  1. Professional or equivalent recording equipment;
  2. Selfie sticks;
  3. Drugs;
  4. Own consumptions;
  5. Weapons;
  6. Dangerous objects;
  7. Everything that is forbidden by law.
    1. The Organizer may confiscate and destroy the aforementioned articles or hand them over to the police or security personnel, without reimbursing or returning anything to the Visitor. The Visitor in question may also be denied access to the Event.
  1. Recording of sound and image material
    1. A Visitor may not make audio or video recordings during the Event and exploit these recordings. The music, visual art and, for example, privacy rights of others may be protected by law and permission is usually required from those rights holders to make, publicly perform or reproduce recordings.
    2. The Visitor hereby irrevocably waives towards the rightful claimants, Organizer, related legal entities and licensees any right or interest that the Visitor might have in the recordings mentioned in the previous paragraph. 
    3. By attending the Event, the Visitor explicitly agrees that professional audio and visual recordings may (possibly) be made of the Event by or for the Organizer or on behalf of a promoter, artist or its affiliated parties and that these recordings may be used by the Organizer free of charge, worldwide, irrevocably, without limitation and perpetually, in the fullest and broadest sense of the word, including publication, reproduction, distribution, irrespective of the manner and medium in which this is currently known, and in any case in the context of marketing and promotion of the Event and Organizer, for example by means of photographs, images, artwork, after movies, documentaries, live broadcasts and streams, registrations, interviews and, for example, films. These recordings may, within that framework, also be provided to third parties. The Visitor will not receive any remuneration for this and waives any moral rights insofar as permitted by law. If required by law, the Visitor will upon first request and free of charge cooperate and perform the actions necessary to realize the above.
    4. In the context of the safety of Visitors and public order, sound and video recordings may be made during the Event, for example with security cameras. 
  1. Other provisions and obligations
    1. The Visitor will always provide the Organizer, in good time, with all the data, information, substantiation and evidence that are useful and necessary for the proper implementation of the order of an admission ticket and will cooperate fully with all reasonable request by Organizer.
    2. Visitors may not smoke at the Event, other than where explicitly stated where this is permitted. The Visitor will indemnify the Organiseer against all damages, like fines.
    3. A Visitor may not advertise, promote, act or advertise the Organizer’s location or premises or the Event without the prior written consent of the Organizer.
    4. A Visitor may not perform any commercial activities at an Event or the location of Organizer, including the distribution of sample packaging, flyers or other advertising material.
    5. A Visitor must abide by the law and may not violate the rights of others. Violence, threats, aggression, discrimination, racism, defamation of body and integrity and for example creating an unsafe situation for others, or inciting others to do so, are not permitted. In case of such violation, the Visitor indemnifies Organizer for all damages, including the legal fees.
    6. A Visitor who finds an unattended object at an Event (such as clothing, accessories, jewelry, bags, telephones, identity cards) which does not belong to that Visitor must hand this object over to the Organizer as soon as possible, for example by handing it over to the bar, cloakroom, locker rental or ticket office staff at the Event. 
    7. Found objects can be collected by the rightful owner at the Organizer or a (legal) person designated by the Organizer.
    8. Visitors should take good care of themselves and therefore hydrate sufficiently, take rest and find quieter places. At an Event, amplified and loud sound, smoke and other special effects, bright and flashing light are very likely to be present. Visitors are responsible for their own physical and mental condition.
    9. The program of an Event and in particular the times when and where certain artists perform is subject to change.
    10. A Visitor must follow instructions and commands of designated staff and security immediately and without reservations.
    11. Third parties cannot derive any rights from the services provided by the Organizer to the Visitor.
    12. If any provision of these General Terms and Conditions is or becomes non-binding, the other provisions shall remain in full force and effect. The parties undertake to replace the non-binding provision with a provision that is binding and that deviates as little as possible from the non-binding provision in terms of content and scope.
    13. These general terms and conditions have been drawn up in the Dutch language and are available here: https://…. An English version can be provided on request. In the event of a dispute about the contents and/or purport of these general terms and conditions, the Dutch text shall be binding.
  1. Electronic means of payment
    1. The Organizer may use an electronic payment system for consumption vouchers or tokens or consumptions during the Event. Remaining credits will not be refunded during the Event. Afterwards, this can be done only once. A request to that end must be made in writing by the Visitor and within 3 days after the Event. After this term, the right will lapse. The Organizer will post the rules and steps to be followed on its website and at the ticket offices at the Event.
  1. Liability
    1. It is the responsibility and the risk of the Visitor to get to and from the Event safely and to stay at the Event safely. The use of parking facilities is therefore at the expense and risk of a Visitor or user of the aforementioned facilities. The Organizer cannot be held liable for any damage incurred or expected to be incurred by the Visitor in this regard.
    2. Organizer is not liable for damage to hearing, sight, blindness and/or other physical injury such as damage caused by epilepsy and/or damage to goods, such as clothing, accessories and jewelry, whether or not inflicted by other Visitors to an Event.
    3. The Organizer is in no way liable for damage suffered by Visitors as a result of third parties who are stand holders and who, for example, sell accessories, merchandise, food or drink at the Event. The Visitor hereby indemnifies the Organizer against claims for costs or damage which may arise from an agreement between the Visitor and this third party.
    4. The liability of the Organizer, for whatever reason, is in any case excluded for (damage caused by), among other things:
  1. Inadequate information on its website or in posts on social media;
  2. Use of its website or (social) media platforms on which Organizer is active;
  3. Cancellation, modification, relocation or rescheduling of an Event;
  4. Keys or codes of lockers lost or shared with others;
  5. Electronic communication from, with or on behalf of Organizer;
  6. Actions or omissions by the Organizer in the context of the agreement between the Parties or the Event of work and contractors, ticketing and payment providers, (permitted) secondary ticketing, auxiliary persons, (sub)contractors, shareholders, directors or other (legal) persons connected to the Organizer;
  7. The interpretation, alteration or implementation of the program of an Event;
  8. Selling tickets, merchandise or other items through unofficial or unauthorized sales channels or sales channels of accredited third parties;
  9. The inability to reach a Visitor properly or in time regarding an Event;
  10. Loss or theft of a Visitor’s property or possessions.
    1. The Organizer’s exclusion of liability does not apply to damage that is the result of intent or gross negligence on the part of the Organizer.
    2. If Organizer is liable for damage suffered by a Visitor, then the total liability will be limited to the direct, demonstrable and reasonable damage and/or the amount paid out by the Organizer’s liability insurer in a particular case, and only if Organizer is obliged to pay damages by law or pursuant to a final court ruling. 
    3. Organizer is not liable for corporate, consequential or indirect damages. 
    4. The Organizer is only liable for damage resulting from an attributable shortcoming by the Organizer and if the Visitor who has suffered damage has informed the Organizer of this in writing and with grounds within 3 days of the Event or within 3 days of discovering the damage, by means of a registered letter or e-mail with acknowledgement of receipt and read receipt, and the Organizer has been given the opportunity within a reasonable period of time to rectify the possible shortcoming, error or damage or at least to fulfil a specific obligation in respect of the Visitor correctly. If the Visitor does not report the damage to the Organizer in the prescribed manner, the right to compensation will lapse.
    5. All rights of action of the Visitor vis-à-vis the Organizer, either on account of a failure in the performance of an agreement, or on account of an unlawful act or any other grounds, will lapse as soon as a period of 3 months has elapsed since the day on which the Visitor became aware or could reasonably have become aware of the existence of those rights of action and the Visitor has not brought an action before the courts in respect of those rights of action within that period of 3 months.
    6. 10.10.The Visitor will indemnify the Organizer against claims by third parties in connection with damage for which the Visitor is liable towards those third parties by law. If those third parties hold Organizer liable, the Visitor will be required to compensate Organizer for all damage, including legal costs and time spent on the claim by Organizer and its staff and contractors.
    7. The Visitor will indemnify the Organizer against all claims and other claims by third parties and the resulting damage as a result of a breach by the Visitor of this agreement or any other act or omission by the Visitor.
    8. 10.12.Consumption vouchers or tokens purchased by a Visitor, in any way whatsoever, prior to or during an Event or during the stay at the Event location are valid only during the Event in question and cannot be exchanged by the Visitor. In this context, the Organizer is not obliged to collect or is not liable for compensation for any purchase sum or the value of the vouchers or coins. 
  1. Force majeure
    1. In addition to the provisions in article 6:75 DCC, a failure by the Organizer to fulfil an obligation towards the Visitor cannot be attributed to the Organizer in the case of a circumstance beyond the control of the Organizer as a result of which the fulfilment of its obligations towards the Visitor is wholly or partly impeded or for which the fulfilment of its obligations cannot reasonably be required from the Organizer. Such circumstances include, but are not limited to, breach of contract by suppliers or other third parties, power failures, fire, computer viruses and hacks, strikes, transport restrictions, illness, work stoppages, government measures, terrorist attacks, riots, war, natural disasters and panic and epidemics, including COVID-19. 
    2. If such a force majeure situation arises, the obligations of the Organizer will be suspended and the Organizer will be entitled to dissolve the agreement in whole or in part, in writing and out of court. Organizer is in that case not obliged to pay for any damages or costs, even if Organizer has benefited from the force majeure situation. The other legal rights of Organizer remain unaffected.
    3. In the event of force majeure, the Organizer is also entitled to cancel or reschedule an Event to another date or location. 
  1. Cancellation or rescheduling of an Event

 

    1. Organizer may cancel or postpone the Event. A Visitor is not entitled to compensation in the event of such action.
    2. Reimbursement of the actual or otherwise maximum of the official and regular purchase price of an admission ticket will only take place upon written request by the Visitor within a reasonable period of time and if the admission ticket was purchased from sales channels recognized or accredited by the Organizer. Travel and accommodation costs incurred by a Visitor will not be reimbursed by the Organizer.
    3. If the Organizer reschedules an Event, the initial admission ticket will remain valid for the rescheduled Event. If the Visitor is demonstrably unable to attend the Event on the new date, the Visitor must let the Organizer know as soon as possible, but within 1 month at the latest. 
    4. Any (partial) refund can take place after a reasonable period of time following the rescheduled Event and only:
  1. In the manner to be announced by the Organizer,
  2. On presentation of a valid admission ticket for that Event, purchased directly by the Visitor and undamaged, and
  3. If the Organizer is legally obliged to do so.
    1. Within this framework, the Visitor cannot claim (replacement) admission to a different Event than that for which an admission ticket was initially purchased. 
    2. The Visitor must check whether an Event has been cancelled or rescheduled, what the new times and locations may be and what travel and accommodation options are available. The Organizer will make every effort to inform Visitors about this, but is not liable for damages.
  1. Complaints
    1. Complaints by a Visitor about the organization or the Event must be reported in writing and substantiated to the Organizer within 3 days of the complaint arising or within 3 days of the end of an Event by sending an e-mail with confirmation of receipt to the Organizer or by registered mail to the Organizer’s office address. In this way, Parties can jointly look for a solution and prevent any further damage.
  1. Exclusive choice of law and forum
    1. These general terms and conditions, all agreements to which these general terms and conditions apply and any disputes arising therefrom shall be governed exclusively by Dutch law. 
    2. All disputes arising from these general terms and conditions and all agreements to which these general terms and conditions apply shall be submitted exclusively to the courts of Amsterdam, without prejudice to the Visitor’s authority to submit disputes to the court competent by law.