Article 1. Applicability of the Terms
These general terms and conditions apply to all agreements for the placement of advertisements and related obligations between ENJOYGOOI, registered with the Chamber of Commerce under number 32092899, and a client, to the extent that these conditions have not been expressly deviated from by the parties.
Article 2. Introduction
ENJOYGOOI is a bilingual magazine for the Gooi region, distributed free of charge. The publisher is ENJOYGOOI.
The client is the party that provides an order for any advertisement, hereinafter referred to as the advertiser.
The frequency of publication is determined by ENJOYGOOI, which may deviate from the publication dates established in the agreement. ENJOYGOOI typically appears four times a year.
The applicability of advertiser’s terms and conditions is expressly rejected, unless expressly agreed otherwise.
Article 3. Quotation
Quotations from ENJOYGOOI are non-binding, unless expressly agreed otherwise. All offers from ENJOYGOOI are valid for 14 days, unless expressly stated otherwise. ENJOYGOOI is only bound by the quotation if acceptance thereof by the advertiser is confirmed in writing within 7 days. The prices in the quotations are exclusive of VAT.
Article 4. Execution of the Agreement
a. Orders for the placement of an advertisement in any way are binding for the advertiser.
b. Orders are binding on ENJOYGOOI only if they are confirmed in writing by ENJOYGOOI. This also applies to agreements through intermediaries, media, or advertising agencies.
c. If a third party, including but not limited to advertising agencies and media (buying) agencies, enters into an agreement with ENJOYGOOI on behalf of or for the account of an advertiser, that third party shall ensure towards ENJOYGOOI that the advertiser accepts the applicability of these general terms and conditions.
d. The third party referred to in Article 4, paragraph c, is jointly and severally liable with the advertiser on whose behalf the third party acted, towards ENJOYGOOI for the performance of obligations arising from the agreement concluded with ENJOYGOOI, including explicitly all payment obligations.
e. ENJOYGOOI determines the placement of the advertisement, unless otherwise agreed. Fulfillment of the request for placement in a specific location can never be guaranteed.
f. A deadline is set for the submission of advertisement material. If this deadline is exceeded, the advertiser is in default. In that case, ENJOYGOOI has the option to either create an alternative advertisement, for which 25% of the placement costs will be charged in addition to the original placement costs, or to refrain from placing the advertisement. In the latter case, 100% of the advertisement price will be charged as cancellation costs.
g. ENJOYGOOI is not obliged to accommodate changes in the advertisement requested after the order has been placed, unless agreed upon in advance between ENJOYGOOI and the advertiser. If changes can be made, the costs of these changes in the advertisement are borne by the advertiser.
Article 5. Advertisements
a. The price for placing an advertisement is always exclusive of 21% VAT.
b. In placement orders, the costs for design are included, unless otherwise agreed in writing (via additional quotation). In the latter case, the costs resulting from non-reproducible, provided advertisement material will be charged to the advertiser.
c. ENJOYGOOI is not liable for the consequences of inadequately provided material by the advertiser.
d. The advertiser ensures that all data, which ENJOYGOOI indicates are necessary or which the advertiser should reasonably understand are necessary for the execution of the agreement, are provided to ENJOYGOOI in a timely manner. If the necessary data for execution are not provided to ENJOYGOOI in a timely manner, ENJOYGOOI has the right to suspend the execution of the agreement and/or to charge the advertiser the additional costs resulting from the delay, according to the usual rates.
e. No responsibility can be accepted for orally communicated corrections.
f. Unless agreed in writing with price determination, no (physical) proof prints are provided.
g. The advertiser receives a proof number for each placement of one or more advertisements.
h. All information provided by ENJOYGOOI about specifications and other technical data is given to the best of ENJOYGOOI’s knowledge, but does not bind it.
Article 6. Termination of the Agreement
In the cases mentioned below, ENJOYGOOI is authorized to suspend further execution of the agreement or to terminate the agreement, without prejudice to ENJOYGOOI’s right to claim compensation.
ENJOYGOOI will credit the advertising costs already invoiced to the advertiser.
– If ENJOYGOOI has good reason to fear, due to circumstances, that the advertiser will fail to fulfill his obligations.
– If ENJOYGOOI asked the advertiser to provide security for performance when concluding the agreement, and this security is not forthcoming or is insufficient.
Article 7. Cancellation
The advertiser may cancel an order for placing an advertisement within five working days. If the advertiser cancels an order for placing an advertisement in whole or in part, 5% of the total order amount will be charged to cover administrative costs.
Cancellation can only be done in writing. Cancellation after five working days but at least 30 days before the agreed delivery date will incur a charge of 50% of the amount as cancellation costs. After this period, no cancellation is possible.
ENJOYGOOI reserves the right to cancel one or more orders in whole or in part, even if these have been accepted in writing. ENJOYGOOI will inform the advertiser of such cancellation as soon as possible.
Article 8. Intellectual Property
a. All drawings, models, etc. made by or on behalf of ENJOYGOOI are subject to intellectual property rights of ENJOYGOOI.
b. The advertiser fully indemnifies ENJOYGOOI against claims by third parties for infringement of third-party intellectual property rights, as well as for the costs incurred by ENJOYGOOI in connection therewith.
Article 9. Publication Dates and Format
a. Publication dates are realized as much as possible, but these dates can never be regarded as fixed deadlines. No right to any compensation or termination of the agreement arises from exceeding the publication dates.
b. ENJOYGOOI will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship. The obligations for the advertiser remain unaffected despite any changes in paper type, format, layout, etc. within ENJOYGOOI.
Article 10. Payments
a. Unless expressly agreed otherwise in writing, invoicing and automatic collection take place immediately after the publication of ENJOYGOOI. Payment must be made without any deduction, discount, or set-off within fourteen days of the invoice date.
b. If the invoice is not paid within this payment term, the advertiser is in default without further notice of default. ENJOYGOOI is then entitled to suspend all its obligations towards the advertiser, or to terminate the agreement without judicial intervention. In the latter case, compensation for the suffered and to be suffered damages may also be claimed, whereby the damages are at least determined at 50% of the amount of the not yet published but agreed upon advertisements
, notwithstanding the right to compensation for actual damages.
c. From the date of default, the advertiser owes statutory commercial interest, and all judicial and extrajudicial (collection) costs incurred by ENJOYGOOI in collecting the claim are charged to the advertiser, determined at a minimum of 15% of the amount due, with a minimum of EUR 250.
d. In case of default, liquidation, (provisional) suspension of payments or bankruptcy of the advertiser, all amounts due to ENJOYGOOI become immediately and entirely due and payable, without any notice of default being required.
e. The advertiser is not entitled to suspend or set off his obligations towards ENJOYGOOI.
f. All payments made by the advertiser serve first to settle collection costs incurred by ENJOYGOOI, then to settle due interest, and finally to settle the oldest outstanding invoices.
g. Anyone placing orders on behalf of third parties is jointly and severally liable towards ENJOYGOOI for all payment obligations arising from the agreement for these third parties.
Article 11. Liability
a. Dispatch, transport, and/or transfer of the advertisement material always takes place at the expense and risk of the advertiser.
b. The liability for defects and errors in the execution of the agreement for the placement of one or more advertisements caused by ENJOYGOOI is limited to the free repair or replacement of the advertisement.
c. ENJOYGOOI is not liable for any other damages, unless such damages are caused by intent or gross negligence of ENJOYGOOI’s management. ENJOYGOOI’s liability towards the advertiser shall never exceed the value of the placed advertisement(s), with a maximum of EUR 250 in total.
d. The advertiser shall ensure that the content of the advertisement materials to be provided to ENJOYGOOI by him will not violate public morals, public order, or have a political or religious nature. The advertiser indemnifies ENJOYGOOI against any claim by third parties relating to the content of the advertisement materials to be provided by the advertiser to ENJOYGOOI.
e. ENJOYGOOI accepts no liability for damages due to, whether or not, untimely or incorrect placement of advertisements.
f. Any complaints about the advertisement must be submitted in writing within two weeks after the publication of ENJOYGOOI. After this period, no complaints can be made.
g. Deviations of minor significance, discoloration due to the color of the paper, errors, or inaccuracies do not entitle to suspend or fail to fulfill obligations towards ENJOYGOOI, or to terminate the agreement.
h. In case of an error or deficiency in the advertisement due to the fault of the advertiser himself, the advertiser shall not be entitled to full or partial exemption or suspension of payment obligations, or to any form of set-off.
Article 12. Collection Costs
a. If the advertiser is in default or in arrears with the fulfillment of one or more of his obligations, all judicial and extrajudicial (collection) costs are borne by the advertiser.
Article 13. Force Majeure
a. Force majeure shall mean circumstances that prevent the fulfillment of the obligation, and which cannot be attributed to ENJOYGOOI, including national events, natural disasters, complete or partial destruction of locations, government regulations. Force majeure shall also include (to the extent that these circumstances make performance impossible or unreasonably difficult) fire, destruction, accident, flooding, weather conditions, or any equivalent misfortune; strikes in businesses other than those of ENJOYGOOI; a general shortage of or disproportionately unforeseen price increases of required raw materials and other things or services necessary for the performance of the agreed performance; unforeseeable delays in the supply by suppliers or other third parties on which ENJOYGOOI depends, and general transportation problems.
b. ENJOYGOOI also has the right to invoke force majeure if the circumstance that prevents (further) performance occurs after ENJOYGOOI should have fulfilled its obligation.
c. During force majeure, ENJOYGOOI’s obligations are suspended. If the period during which performance of the obligations by ENJOYGOOI is not possible due to force majeure lasts longer than one month, both parties are entitled to dissolve the agreement without any obligation to pay damages.
d. If advertisement materials are lost due to one or more circumstances, as described in Article 12, paragraph a, the advertiser must ensure that ENJOYGOOI is provided with new material as soon as possible. The costs resulting from this article are borne by the advertiser.
e. If ENJOYGOOI has already partially fulfilled its obligations upon the occurrence of force majeure, or can only partially fulfill its obligations, it is entitled to separately invoice the already performed or performable part, and the advertiser is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the already performed or performable part has no independent value.
Article 14. Dispute Resolution
In deviation from the legal rules governing the jurisdiction of the civil court, any dispute between the advertiser and ENJOYGOOI, if the court is competent, will be settled by the District Court of The Hague.
Article 15. Applicable Law
Dutch law applies to every agreement between ENJOYGOOI and the advertiser.
Article 16. Final Provision
Rights and/or obligations arising from agreements concluded with ENJOYGOOI can only be transferred to third parties by the advertiser with the prior written consent of ENJOYGOOI.
Hilversum, March 2024