Important
Terms and conditions
1. Definitions
321Klik: 321Klik, established in Oud Gastel under Chamber of Commerce no. 58675779.
Client: the person with whom 321Klik has entered into an agreement.
Parties: 321Klik and the client together.
Consumer: a client who is also an individual and who acts as a private person.
2. Applicability of general terms and conditions
These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of 321Klik.
The parties may only deviate from these terms and conditions if they have expressly agreed to this in writing.
The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the client or of third parties.
3. Prices
All prices charged by 321Klik are in euros and exclude any additional costs such as administrative costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or otherwise agreed.
If free parking is not possible and parking costs exceed €15, these costs will be charged in full to the client.
A minimum deposit of €65 must be paid to confirm the booking. The full amount must be paid at least 14 days before the booking date. Business clients do not have to pay a deposit.
All prices that 321Klik charges for its products or services, on its website or otherwise made known, may be changed by 321Klik at any time.
The price in relation to a service is determined by 321Klik on the basis of the hours actually spent.
The price is calculated according to the usual hourly rates of 321Klik, applicable for the period in which it performs the work, unless a different hourly rate has been agreed.
Unlimited printing is calculated based on 150 guests and 5 hours of use. If more guests and hours are expected, additional paper may be included in the price in order to guarantee unlimited printing in this way.
Reservations may be cancelled free of charge up to 30 days prior to the booking date.
Cancellation 29 days before the event – the full amount minus the €65 deposit will be refunded.
Cancellation 14 days before the event – 50% of the amount excluding the deposit will be refunded.
Cancellation 7 days before the event – the full amount will be charged.
4. Consequences of late payment
If the client does not pay within the agreed term, then 321Klik is entitled to charge from the day the client is in default, whereby part of a month is counted as a full month.
When the client is in default, he is also liable for extrajudicial collection costs and any damages owed to 321Klik.
The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
If the client does not pay on time, 321Klik may suspend its obligations until the client has fulfilled his payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the client, the claims of 321Klik against the client become immediately due and payable.
If the client refuses to cooperate with the performance of the agreement by 321Klik, he remains obliged to pay the agreed price to 321Klik.
5. Right of suspension
Unless the client is a consumer, the client waives the right to suspend the performance of any obligation arising from this agreement.
6. Set-off
Unless the client is a consumer, the client waives his right to set off a debt to 321Klik against a claim against 321Klik.
7. Warranty
When the parties have entered into an agreement of a service-oriented nature, this contains for 321Klik only an obligation to use best efforts and therefore no obligation to achieve a result.
8. Performance of the agreement
321Klik will perform the agreement to the best of its insight and ability and in accordance with the requirements of good workmanship.
321Klik has the right to have the agreed services performed in whole or in part by third parties.
The agreement shall be performed in mutual consultation and after written approval and payment of any agreed advance by the client.
It is the client’s responsibility to ensure that 321Klik can start performing the agreement on time.
If the client has not ensured that 321Klik can start performing the agreement on time, the resulting additional costs and/or additional hours shall be borne by the client.
The photobooths have the following dimensions: 162CM high and 30.5CM wide. A backdrop is approximately 2.30m wide and 2.20m high. A minimum area of 2m2 is required for the photobooth. In combination with a backdrop, a minimum of 6m2 is required.
At least 60 minutes before the rental period starts, the employee of 321Klik arrives to set up. In practice, this is often earlier in the day.
It is the client’s responsibility to ensure that the location has agreed that 321Klik may be present at their location at the agreed time. This also means that there is access to the location and sufficient space with a power outlet within 5 meters of where the services must be. If there is insufficient space for 321Klik to set up, the full rental amount will still be charged.
It is the client’s responsibility to inform 321Klik of circumstances that may cause set-up to take longer. These may include, but are not limited to; going upstairs, long distance from unloading area to setup area, limited access. If we are not informed and the installation takes longer than usual, your rental period may be disrupted.
The rental period is for a fixed period, usually five (5) hours, but as specified in the booking form and as previously agreed by both parties. In addition, this covers 30 minutes of setup time and 15 minutes of packing-up time. Use begins at the agreed time and ends at the agreed time in the booking form, unless due to technical problems caused by 321Klik, in which case these times may be deviated from so that the booking period corresponds as agreed.
If the client’s event starts late, our rental period is still for the agreed period and times, unless we agree to provide additional hours according to our add-ons.
We use a usable period of 80% of the agreed rental period. This is so that any technical malfunctions can be resolved.
If, due to a technical malfunction*, the usable period of 80% is not achieved, 321Klik is not liable for any non-material damage. However, the full agreed amount will be refunded within 30 days.
A printer malfunction is not covered by the 80% usable period guarantee. If there is a malfunction with the printer that we cannot solve, you cannot claim a refund. We will print the images afterwards and send them free of charge by post.
Sending the images taken via SMS and EMAIL takes place after the event. Images are stored and sent as soon as we connect the photobooth to the internet.
The online photo album is available for at least 365 days after the event. All photos will also be sent to the client by email and a Dropbox link after the event.
9. Provision of information by the client
The client shall make all information, data and documents relevant to the proper performance of the agreement available to 321Klik in a timely manner and in the desired form and manner.
The client warrants the accuracy, completeness and reliability of the information, data and documents made available, even if they originate from third parties, insofar as the nature of the agreement does not dictate otherwise.
If and insofar as the client requests this, 321Klik will return the relevant documents.
If the client does not, does not do so on time or does not properly make available the information, data or documents reasonably requested by 321Klik, and the performance of the agreement is thereby delayed, the resulting additional costs and additional hours shall be borne by the client.
It is the client’s responsibility to ensure that the client has provided the contact details, address, name and postal code of the location so that our employees can find the location. We also require that the location provides reasonable access for loading/unloading and suitable parking until the equipment has been unloaded. If parking for loading/unloading is limited, you are liable for any fines that arise as a result of and or in the search for a suitable location. 321Klik cannot be held responsible for any errors or delays resulting from incorrect or missing address details.
10. Indemnification
The client indemnifies 321Klik against all claims of third parties related to products and/or services supplied by 321Klik.
11. Complaints
The client must examine a product supplied or service provided by 321Klik as soon as possible for any shortcomings.
If a delivered product or provided service does not meet what the client could reasonably have expected from the agreement, the client must inform 321Klik of this as soon as possible, but in any event within 1 month after discovering the shortcomings.
Consumers must notify 321Klik of this no later than 2 months after discovering the shortcomings.
The client shall provide a description of the shortcoming as detailed as possible, so that 321Klik is able to respond adequately.
The client must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to 321Klik being obliged to carry out work other than that agreed.
12. Notice of default
The client must notify 321Klik of notices of default in writing.
It is the client’s responsibility that a notice of default actually reaches 321Klik (in time).
13. Joint and several liability of the client
If 321Klik enters into an agreement with multiple clients, each of them is jointly and severally liable for the full amounts they owe to 321Klik under that agreement.
14. Liability of 321Klik
321Klik is only liable for any damage suffered by the client if and insofar as that damage was caused by intent or deliberate recklessness.
If 321Klik is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
321Klik is never liable for indirect damage, such as consequential loss, lost profit, missed savings or damage to third parties.
If 321Klik is liable, this liability is limited to the amount paid out under a closed (professional) liability insurance policy and, in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
All images, photos, colours, drawings and descriptions on the website or in a catalogue are merely indicative and approximate only and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
321Klik cannot be held responsible for circumstances that prevent 321Klik from attending your event; these may include, but are not limited to, severe weather conditions, traffic delays, breakdowns with our vehicles, illness or defective equipment. In the event that we cannot attend or fulfil your reservation due to events beyond our control, we will contact you or the location as soon as possible. In these cases, our liability is limited to refunding all money paid.
The client is liable for all damage to the rented equipment, unless the client proves that the cause of the damage is attributable to 321Klik and/or to persons for whom 321Klik bears responsibility and/or liability, which in any event includes its staff, or that the client proves that he is not at fault with regard to the occurrence of that damage.
15. Limitation period
Any right of the client to compensation from 321Klik expires in any event 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
16. Right of dissolution
The client has the right to dissolve the agreement when 321Klik is imputably failing in the performance of its obligations, unless this failure, given its special nature or minor significance, does not justify dissolution.
If performance of the obligations by 321Klik is not permanently or temporarily impossible, dissolution can only take place after 321Klik is in default.
321Klik has the right to dissolve the agreement with the client if the client does not fully or timely perform its obligations under the agreement, or if 321Klik has become aware of circumstances that give it good reason to fear that the client will not be able to properly perform its obligations.
17. Force majeure
In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by 321Klik to fulfil any obligation towards the client cannot be attributed to 321Klik in a situation independent of the will of 321Klik, as a result of which the performance of its obligations towards the client is wholly or partly prevented or as a result of which the performance of its obligations cannot reasonably be expected from 321Klik.
Force majeure as referred to in paragraph 1 also includes – but is not limited to –: state of emergency (such as civil war, uprising, riots, natural disasters, etc.); non-performance and force majeure of suppliers, delivery services or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. Also included as force majeure is having our photobooth repaired due to damage sustained from a previous booking. Repairs are carried out in the United States and due to long shipping and repair times the photobooth may not be back on time.
If a force majeure situation occurs as a result of which 321Klik cannot fulfil one or more obligations towards the client, those obligations will be suspended until 321Klik is able to comply again.
From the moment a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.
In a force majeure situation, 321Klik owes no compensation whatsoever, not even if it derives any advantage as a result of the force majeure situation.
18. Amendment of the agreement
If, after the conclusion of the agreement, it appears necessary for its performance to amend or supplement its contents, the parties shall amend the agreement accordingly in good time and in mutual consultation.
19. Amendment of the general terms and conditions
321Klik is entitled to amend or supplement these general terms and conditions.
Changes of minor importance may be made at any time.
321Klik will discuss major substantive changes with the client as much as possible in advance.
Consumers are entitled to terminate the agreement in the event of a material change to the general terms and conditions.
20. Transfer of rights
Rights of the client under an agreement between the parties cannot be transferred to third parties without the prior written consent of 321Klik.
This provision shall operate as a property law clause as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.
21. Consequences of nullity or voidability
If one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the other provisions of these terms and conditions.
A provision that is void or voidable shall in that case be replaced by a provision that comes closest to what 321Klik had in mind when drafting the terms and conditions on that point.
22. Applicable law and competent court
Every agreement between the parties shall be governed exclusively by Dutch law.
The Dutch court in the district where 321Klik is established / has its practice / has its office has exclusive jurisdiction to take cognisance of any disputes between the parties, unless mandatory law provides otherwise.
Drawn up on 19 December 2021, last amended on 17 October 2023. Download PDF version here.