General terms and conditions
GENERAL TERMS AND CONDITIONS XR VISUALS FACTORY
The Limited Partnership XR Visuals Factory, offers virtual reality tours to which these general terms and conditions apply. XR Visuals Factory has its office address at Cruquiusweg 85H, 1019 AT Amsterdam, the Netherlands, and is registered as a limited partnership (commanditaire vennootschap) in the Commercial Register of the Dutch Chamber of Commerce under number 90984412.
In case of any questions regarding these terms and conditions, please contact us by e-mail at michiel.coebergh@xrvisualsfactory.com or by mail to the following address: Cruquiusweg 85H, 1019 AT Amsterdam, the Netherlands.
ARTICLE 1 – DEFINITIONS AND INTERPRETATION
- Capitalized terms in this general terms and conditions shall have the meaning ascribed thereto in this clause 1.1, unless the context requires otherwise:
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Offer |
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any offer made by XR Visuals Factory to Buyer, including quotations and offers; |
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General Terms and Conditions |
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these general terms and conditions of XR Visuals Factory applicable to each Offer and Agreement; |
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Arrangements |
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all arrangements offered by XR Visuals Factory in addition to the sale of the Tickets, including arrangements for (corporate) outings; |
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Tour Guide |
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a person who will act as host and in charge on behalf of XR Visuals Factory during the VR Tour; |
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Buyer |
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the natural person and/or legal entity purchasing a Product from XR Visuals Factory; |
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Agreement |
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any agreement relating to the purchase of Products made in writing between XR Visuals Factory and Buyer, as well as any amendment or addition thereto; |
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Product(s) |
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a product provided to Buyer by XR Visuals Factory, such as Tickets and Arrangements; |
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Ticket |
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a ticket or similar (such as a voucher) that provides access to VR Tours; |
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XR Visuals Factory |
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the Limited partnership XR Visuals Factory, which develops and operates VR Tours; |
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VR Tour(s) |
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historical and future-oriented virtual reality tours taking place on canal boats in Amsterdam. |
ARTICLE 2 – APPLICABILITY
2.1. These General Terms and Conditions apply to every Offer and/or Agreement between XR Visuals Factory and Buyer. By signing an Offer and/or entering into an Agreement, the Buyer declares to have received a copy of the General Terms and Conditions and to be familiar with and agree to the contents of the General Terms and Conditions.
2.2. Agreements that deviate from these General Terms and Conditions are valid only if they are recorded in writing.
2.3. Any purchasing, delivery or other general terms and conditions of Buyer do not apply to Agreements with XR Visuals Factory and are hereby expressly rejected.
2.4. If and insofar as Buyer is a natural person not acting in the exercise of a profession or business, the applicable consumer protection laws and regulations (toepasselijke wet- en regelgeving voor consumentenbescherming) shall apply.
2.5. XR Visuals Factory reserves the right to unilaterally modify the Terms and Conditions and will inform Buyer of such change. If this occurs, the new version of the General Terms and Conditions shall apply by operation of law to all existing legal relationships and the new General Terms and Conditions shall replace the present General Terms and Conditions.
ARTICLE 3 – OFFER
3.1. The Offer made by XR Visuals Factory is revocable (herroepbaar) and without obligation, unless expressly stated otherwise. The content of leaflets, brochures, advertisements and any other (advertising) material (electronic or otherwise) does not bind XR Visuals Factory. An offer price made in such (advertising) material is valid for 30 days, unless otherwise stated.
3.2. The Agreement is concluded by the placing of a written order and/or application by the Buyer with XR Visuals Factory and the acceptance thereof by XR Visuals Factory. By placing his written order and/or application, the Buyer accepts these General Terms and Conditions, which are made available via a downloadable link or physically.
3.3. XR Visuals Factory can not be held to its Offer if the Buyer, given the requirements of reasonableness and fairness (redelijkheid en billijkheid) and generally accepted views, should understand that the Offer, or any part thereof, contains an obvious mistake or clerical error.
3.4. Input errors and other mistakes made when ordering and/or requesting shall be at the Buyer’s expense and risk.
3.5. An Offer shall automatically lapse if one or more Products to which it relates are not or no longer available on the relevant date.
ARTICLE 4 – AGREEMENT
4.1. The Agreement is deemed to be entered into, when XR Visuals Factory has confirmed the Agreement in writing or by XR Visuals Factory executing the Agreement.
4.2. Each Agreement is entered into under the condition precedent of sufficient availability of the relevant Products on the desired date.
ARTICLE 5 – PRICE
5.1 The prices charged by XR Visuals Factory are binding.
5.2 The prices used by XR Visuals Factory are stated in Euros (EUR), including VAT and taxes.
5.3 Each Agreement is established on the basis of the prices valid at the time of the conclusion of the Agreement.
5.4 XR Visuals Factory is entitled to adjust the prices of its Products. For Tickets already sold, the price change does not apply.
ARTICLE 6 – PAYMENT
6.1 The method of payment determined by XR Visuals Factory is binding. Buyer can use the following payment methods when placing the order: credit or debit card (VISA, MasterCard, AMEX, Maestro), PayPal and iDEAL.
6.2. Buyer must pay the purchase price of the Ticket when placing the order.
6.3 The Buyer shall pay the purchase price of Arrangements within the term specified on the invoice or in the Agreement (and in the absence of such term within 14 days) to the payment account specified by XR Visuals Factory on the invoice. The payment term is a deadline (vervaldatum).
6.4 If the term of payment is exceeded, for the Buyer not acting in the exercise of a profession or business, the statutory interest rate of section 6:119 Dutch Civil Code shall apply and for the Buyer who does act in the exercise of a profession or business, the statutory commercial interest of section 6:119a Dutch Civil Code shall apply. The interest on the amount due and payable shall be calculated from the time the Buyer is in default until the time of payment of the amount due in full.
6.5 Exceeding one or more terms of payment or non-payment of one or more invoices of XR Visuals Factory as referred to in Article 6.3 gives XR Visuals Factory the right to suspend its performance under the Agreement within the period specified in Article 6.4.
6.6 Any foreign exchange risk is at the expense and risk of the Buyer. XR Visuals Factory is authorized to invoice the Buyer for the costs involved.
6.7 Objections to any invoice must be made in writing to XR Visuals Factory within one week of the date of the invoice. After the expiration of this period, the Buyer is deemed to be in agreement with the invoice.
6.8 If the payment is not from the Buyer itself, XR Visuals Factory is each time authorized to qualify that payment as a payment in discharge on behalf of the Buyer.
ARTICLE 7 – DELIVERY
7.1. A Ticket supplied by XR Visuals Factory to the Buyer entitles the Buyer to access the VR Tour of XR Visuals Factory on the day and time stated on the Ticket. Commercial and/or corporate transfer of Product(s) by Buyer is not permitted unless agreed in writing with XR Visuals Factory.
7.2. Tickets will be delivered to the email address listed in XR Visuals Factory’s address database if the Buyer has fulfilled all of its obligations to XR Visuals Factory under the Agreement.
7.3. If delivery of a Product turns out to be impossible, XR Visuals Factory has the right to dissolve (ontbinden) the Agreement, without the Buyer being able to claim damages.
7.4. If the Buyer refuses to take delivery or fails to provide information, instructions and/or cooperation necessary for the delivery of the Products, XR Visuals Factory is entitled to dissolve the Agreement.
ARTICLE 8 – CANCELLATION
8.1. XR Visuals Factory reserves at all times the right to cancel the Agreement in case of force majeure (overmacht) or unforeseen special circumstances, for example in case of (extremely) bad weather conditions or ice on the water.
8.2. In case of cancellation as referred to in the previous paragraph, XR Visuals Factory will notify the Buyer as soon as possible. If the cancellation concerns a Ticket, the amount paid by the Buyer will be refunded by XR Visuals Factory as soon as possible, without the Buyer being entitled to any further compensation. If the cancellation concerns an Arrangement, XR Visuals Factory and the Buyer will enter into discussion with each other about the possibilities of arranging for the Arrangement to take place on another date. If the Buyer decides not to take the Arrangement anymore, XR Visuals Factory is entitled to charge the Buyer for the costs already incurred.
8.3. The legal right of withdrawal does not apply to the purchase of Products since they are at all times provided with a specific date and time slot.
8.4. A Ticket purchased by the Buyer can be cancelled by the Buyer via the appropriate link on the Ticket until no later than four (4) days before the date and time stated on the Ticket. Within a period of four (4) days before the date and time stated on the Ticket, the purchase of the Ticket can no longer be cancelled.
8.5. Buyer may cancel an Arrangement in accordance with the following cancellation policy:
a) Up to 30 days before the start: 25% of the Arrangement price;
b) Up to 7 days before the start: 50% of the Arrangement price;
c) Within 7 days prior to commencement: 100% of the Arrangement price.
ARTICLE 9 – FORCE MAJEURE
9.1. XR Visuals Factory is not obliged to fulfill any obligation if it is prevented from doing so due to force majeure (overmacht).
9.2. Force majeure means all external causes, foreseen or unforeseen, over which XR Visuals Factory has no influence, but which prevent XR Visuals Factory from fulfilling any obligation.
9.3. Force majeure also includes: defectiveness of goods, materials, government measures, fire, explosion, war, occupation, embargo, strike, general transport problems, epidemic/pandemic, natural disasters, terrorism, (extremely) bad weather conditions and ice on the water.
9.4. XR Visuals Factory and the Buyer have the right to terminate the Agreement in writing if a force majeure situation continues for more than 60 days. In that case, what has already been performed under the Agreement will be compensated proportionately, without XR Visuals Factory and the Buyer owing each other anything further.
ARTICLE 10 – ELECTRONIC COMMUNICATION
10.1 XR Visuals Factory is not liable for misunderstandings, disruptions, delays or incorrect transmission of data and messages resulting from the use of the Internet or other sources of communication between the Buyer and XR Visuals Factory.
ARTICLE 11 – SAFETY AND ENVIRONMENT
11.1 The Tour Guide appointed by XR Visuals Factory always has the authority and is ultimately responsible during the VR Tours. During the VR Tours, the Tour Guide is entitled to interrupt the VR Tour and/or change the agreed route if, in his or her opinion, irresponsible and/or unsafe situations occur or the Tour Guide does not act in accordance with these General Terms and Conditions.
11.2. The Tour Guide has the right to interrupt or immediately terminate the VR Tour if misconduct occurs. Misconduct occurs at least, but not exclusively, during the following situations:
- Misconduct caused by drinking and drug use;
- Wild urination in/out of the tour boat or on the shore;
- Playing loud music or making noise on the canal boat in violation of applicable regulations of the City of Amsterdam, including Article 2.1.7. Inland Waterways Ordinance 2010;
- Smoking on the tour boat without express written permission from the Tour.
11.3. If there is a violation of Article 11.2 and Tour Guide decides to terminate the VR Tour early as a result, Buyer’s obligation to pay remains. Buyer shall also not be entitled to a refund. Any fines and confiscation of items related to the conduct mentioned under Article 11.2 shall be borne by Buyer.
ARTICLE 12 – CATERING AND ALLERGIES
12.1. XR Visuals Factory can take into account dietary requirements and allergies after consultation and confirmation via e-mail. XR Visuals Factory strives to match the meals provided with dietary requirements and allergies. However, XR Visuals Factory cannot guarantee that the meals will be provided 100% gluten free, lactose free, nut free or other allergy free. If Buyer has a severe food allergy, it is recommended that Buyer bring an allergy medication. Only in the case of a severe food allergy, Buyer is permitted to bring his or her own food and/or beverage.
ARTICLE 13 – TERMINATION AND ITS CONSEQUENCES
13.1 Notwithstanding this Article 13, and without prejudice to the provisions of law, XR Visuals Factory is entitled to terminate all or part of the Agreement with immediate effect or to suspend (opschorten) or rescind (ontbinden) by registered letter and/or email after it has been determined that:
a) Buyer applies for/has applied for (provisional) suspension of payments; or
b) Buyer files for bankruptcy or is declared bankrupt; or
c) Buyer’s business is discontinued or liquidated; or
d) seizure of a substantial part of the Buyer’s assets (other than by a party to this Agreement); or
e) Buyer fails to perform any obligations under this Agreement and that attributable default is not remedied within thirty (30) days of a written notice of default by Buyer to that effect.
13.2. Obligations in the General Terms and Conditions which by their nature are intended to continue even after dissolution of any Agreement shall remain in full force after dissolution of the Agreement. These obligations include Articles 9 (Force Majeure), 10 (Electronic Communications), 14 (Liability), 15 (Privacy), 16 (Intellectual Property Rights), 18.1 (Choice of Law), 18.2 (Choice of Forum).
ARTICLE 14 – LIABILITY
14.1 In this Article, limitation of liability includes any form of liability, whether based on a breach of contract (wanprestatie), tort (onrechtmatige daad) or any other source of liability.
14.2. XR Visuals Factory will not be liable for damages resulting from the cancellation or dissolution of the Agreement due to force majeure.
14.3. In no event shall XR Visuals Factory’s total liability arising under the Agreement exceed the total value arising under the Agreement.
14.4. In all cases, the damage to be compensated by XR Visuals Factory is limited to the amount paid by its insurer in that particular case.
14.5. Buyer is liable for damage and/or loss and/or confiscation of the borrowed items, including, but not limited to VR glasses, to the extent not covered by insurance, arising during the period that Buyer had possession of the goods. Buyer may only discharge its liability if it is proven that the damage was not caused by Buyer, or not attributable to the Buyer. Such damages include consequential damages (gevolgschade).
14.6 XR Visuals Factory is not liable for personal injury or damage to and/or loss or theft of personal property during the VR Tours, unless this is the result of intent and/or gross negligence of (the employees of) XR Visuals Factory.
ARTICLE 15 – PRIVACY
15.1. XR Visuals Factory processes (personal) data necessary to execute the Agreement.
15.2. XR Visuals Factory processes personal data in accordance with applicable privacy laws and regulations, including the General Data Protection Regulation. XR Visuals Factory‘s Privacy and Cookie Statement applies to this Agreement.
15.3. For all questions regarding the processing of its personal data, Buyer may contact CV XR Visuals Factory. This can be done by e-mail: info@xrvisualsfactory.com.
ARTICLE 16 – INTELLECTUAL PROPERTY RIGHTS
16.1. All copyrights and other intellectual property rights of XR Visuals Factory, including the design and operation thereof, as well as the images and text placed thereon, belong to XR Visuals Factory. The Buyer is prohibited from duplicating, reproducing or using this material in any way other than necessarily in connection with normal use during the VR Tour.
ARTICLE 17 – COMPLAINTS
17.1. Any complaints should be reported in writing at info@xrvisualsfactory.com.
17.2. XR Visuals Factory strives to resolve a complaint within six weeks.
ARTICLE 18 – GENERAL PROVISIONS
18.1 The General Conditions are governed exclusively by Dutch law.
18.2. In the event of a dispute arising out of the Agreement, XR Visuals Factory will attempt to resolve such dispute through mutual consultation with the Buyer. All disputes arising out of or in connection with this Agreement, including disputes concerning the existence and validity of the Agreement, shall be settled exclusively by the competent court in Amsterdam, unless mandatory provisions dictate otherwise.
18.3. The General Terms and Conditions, the Agreement and any related appendices together form an integral whole and comprise the entire agreements between XR Visuals Factory and Buyer.
18.4 These General Terms and Conditions, the Agreement and all rights and obligations arising thereunder may not be assigned in whole or in part without the prior written consent of XR Visuals Factory.
18.5. If parts of the the General Terms and Conditions and/or the Agreement should appear to be invalid or non-binding, the Buyer will remain bound to the other valid parts of the General Terms and Conditions and the Agreement. XR Visuals Factory will replace the invalid or non-binding parts of the General Terms and Conditions and/or the Agreement by parts which are valid and binding and of which the nature and effect, in view of the content and purpose of the General Terms and Conditions and the Agreement, correspond as much as possible to the invalid or non-binding part of the General Terms and Conditions and the Agreement.