General Terms and Conditions

GENERAL TERMS AND CONDITIONS OF HAVE FUN AND GO

Email: hello@havefunandgo.com
Website: www.havefunandgo.com

Definitions

1. “Have Fun and Go”: The company established in Groningen.
2. “Customer”: The party with whom Have Fun and Go has entered into an agreement.
3. “Parties”: Have Fun and Go and the customer collectively.
4. “Consumer”: A customer who is an individual acting for private purposes.

Applicability

1. These terms and conditions apply to all quotations, offers, activities, orders, agreements, and service or product deliveries by or on behalf of Have Fun and Go.
2. Parties may only deviate from these conditions if they have explicitly agreed upon such deviations in writing.
3. The parties expressly exclude the applicability of any supplementary and/or differing general terms and conditions provided by the customer or third parties.

Prices

1. All prices stated by Have Fun and Go are in euros, inclusive of VAT, and exclusive of any additional costs, such as administration fees, levies, and transportation expenses, unless expressly stated otherwise or agreed upon otherwise.
2. Have Fun and Go reserves the right to adjust the prices for its products or services, as displayed on its website or in its shop, at any time.
3. The parties agree on a total price for a service provided by Have Fun and Go. This is always considered an estimated price unless explicitly agreed upon otherwise in writing.
4. Have Fun and Go is permitted to deviate from the estimated price by up to 10%.
5. If the estimated price exceeds a 10% increase, Have Fun and Go must notify the customer in advance, explaining the reason for the increase.
6. Should the estimated price exceed the 10% limit, the customer has the right to cancel the portion of the order that surpasses this limit.
7. Have Fun and Go is authorized to make annual price adjustments.
8. Price adjustments will be communicated to the customer in advance of the effective date.
9. In the event of a price increase, consumers have the right to terminate their agreement with Have Fun and Go if they disagree with the new price.

Payments and Payment Terms

1. Products must be paid for immediately.
2. At the agreement’s inception, Have Fun and Go may request an initial payment of up to 50% of the total amount.
3. The customer must settle the full amount within 7 days after delivery.
4. Payment terms are considered firm deadlines. Failure to pay the agreed amount by the end of the payment term will result in the customer being in default, without requiring a reminder or formal notice from Have Fun and Go.
5. Have Fun and Go reserves the right to make product delivery contingent upon immediate payment or to request adequate security for the total amount of services or products.

Consequences of Late Payment

1. If the customer fails to pay within the agreed term, Have Fun and Go is entitled to charge interest at a rate of 2% per month for non-commercial transactions and 8% per month for commercial transactions, starting from the day the customer is in default, with any part of a month counted as a full month.
2. Additionally, the customer may be liable for extrajudicial collection costs and may be obligated to compensate Have Fun and Go.
3. Collection costs will be calculated in accordance with the Reimbursement for Extrajudicial Collection Costs.
4. Failure to pay on time grants Have Fun and Go the right to suspend its obligations until the customer meets their payment obligation.
5. In cases of liquidation, bankruptcy, attachment, or suspension of payment on the customer’s behalf, Have Fun and Go’s claims against the customer become immediately due and payable.
6. Even if the customer refuses to cooperate with the agreement’s performance by Have Fun and Go, they are still obligated to pay the agreed price to Have Fun and Go.

Right of Recovery of Goods

1. In the event of customer default, Have Fun and Go has the right to invoke the right of recovery for unpaid products delivered to the customer.
2. Have Fun and Go will exercise the right of recovery through written or electronic notification.
3. Once informed of the claimed right of recovery, the customer must promptly return the specified products to Have Fun and Go, unless alternative arrangements are agreed upon.
4. The customer is responsible for the costs associated with product collection or return.

Right of Withdrawal

1. A consumer may cancel an online purchase within a 14-day cooling-off period without providing a reason, provided that:
   • The product has not been used.
   • It is not a perishable product, such as food or flowers.
   • The product is not custom-made or tailored to the consumer’s specifications.
   • It is not a hygiene-sensitive product (e.g., underwear, swimwear).
   • The seal remains intact if the product is a data carrier with digital content (e.g., DVDs, CDs).
   • The service does not include accommodations, travel, restaurant services, transportation, catering services, or other leisure activities.
   • The product is not a single magazine or loose newspaper.
   • The purchase does not involve an urgent repair or a service fully performed with the consumer’s consent within the 14-day withdrawal period, and the consumer has not waived the right of withdrawal.
2. The 14-day cooling-off period begins:
   • On the day following the consumer’s receipt of the last product or part of an order.
   • As soon as the consumer receives the first product of a subscription.
   • Upon the consumer’s initial purchase of digital content via the internet.
3. The consumer can declare their right of withdrawal via hello@havefunandgo.com or by using the withdrawal form available for download on Have Fun and Go’s website.
4. The consumer must return the product to Have Fun and Go within 14 days after notifying their right of withdrawal; otherwise, the right of withdrawal will lapse.

Reimbursement of Delivery Costs

1. If purchase costs and any other eligible costs (e.g., delivery costs) qualify for reimbursement under the law, Have Fun and Go will refund these costs to the consumer within 14 days of receiving a timely request for withdrawal, provided that the consumer has returned the product to Have Fun and Go on time.
2. Have Fun and Go will reimburse return costs only if the entire order is returned.

Reimbursement of Return Costs If the consumer exercises their right of withdrawal and returns the entire order on time, the costs for returning the complete order will be borne by the consumer.

Suspension of Obligations by the Customer The customer forfeits the right to suspend the fulfillment of any obligation arising from this agreement.

Retention of Title

1. Have Fun and Go retains ownership of all delivered products until the customer has fully satisfied all payment obligations towards Have Fun and Go under any agreement, including claims related to performance shortcomings.
2. Until ownership is transferred to the customer, the customer may not pledge, sell, dispose of, or otherwise encumber the products.
3. In case Have Fun and Go enforces its retention of title, the agreement will be terminated, and Have Fun and Go retains the right to claim compensation for damages, lost profits, and interest.

Delivery

1. Deliveries are subject to product availability.
2. Deliveries are made to the Have Fun and Go location, unless otherwise agreed upon by the parties.
3. For online orders, delivery occurs at the address provided by the customer.
4. In case of non-payment as agreed, Have Fun and Go reserves the right to suspend its obligations until full payment is received.
5. Late payment by the customer will result in automatic default, and the customer cannot object to delayed delivery by Have Fun and Go.

Delivery Period

1. Any specified delivery period provided by Have Fun and Go is indicative and does not entitle the customer to terminate the agreement or claim compensation for non-compliance, unless expressly agreed otherwise in writing.
2. The delivery period commences upon the customer’s completion of the electronic ordering process and receipt of an electronic order confirmation from Have Fun and Go.
3. If the specified delivery period is exceeded, the customer can only demand termination of the agreement if Have Fun and Go cannot deliver within 14 days after the customer has made a written request for timely delivery or if the parties have agreed otherwise.

Actual Delivery The customer is responsible for ensuring the timely receipt of ordered products.

Transport Costs Transport costs are the responsibility of the customer, unless otherwise agreed upon.

Packaging and Shipping

1. If a delivered product’s package is opened or damaged, the customer must request written documentation from the carrier or delivery person before accepting the product. Failure to do so releases Have Fun and Go from liability for any damage.
2. If the customer arranges product transportation, they must report any visible damage to the products or packaging to Have Fun and Go before transport, or Have Fun and Go cannot be held liable for any damage.

Insurance

1. The customer agrees to adequately insure the following against fire, explosion, water damage, and theft:
   • Delivered goods necessary for executing the underlying agreement.
   • Goods owned by Have Fun and Go present on the customer’s premises.
   • Goods delivered under retention of title.
2. Upon request, the customer must provide proof of insurance to Have Fun and Go for inspection.

Storage

1. If the customer orders products later than the agreed delivery date, they assume full responsibility for any potential loss of quality.
2. Any additional expenses resulting from premature or delayed product purchases are the customer’s responsibility.

Guarantee

1. For agreements that include services, Have Fun and Go’s obligations are best-effort obligations and do not guarantee specific outcomes.
2. Product warranties apply only to defects resulting from faulty manufacturing, construction, or materials.
3. Warranties do not cover normal wear and tear, damage from accidents, alterations to the product, customer negligence, improper use, or situations where the defect’s cause cannot be definitively determined.
4. Risk of loss, damage, or theft of products covered by the agreement transfers to the customer upon legal and/or factual delivery, or when the products are under the customer’s control or in the control of a third party acting on behalf of the customer.

Exchange

1. Exchange is permissible under the following conditions:
   • Exchange occurs within 30 days of purchase, with presentation of the original invoice.
   • The product is returned in its original packaging or with attached original price tags.
   • The product is unused.
2. Discounted items, non-standard items such as perishable goods, custom-made items, or products specifically tailored to the customer’s requirements are not eligible for exchange.

Performance of the Agreement

1. Have Fun and Go carries out the agreement to the best of its knowledge and abilities, in compliance with industry standards.
2. Have Fun and Go may engage third parties to perform agreed services (in whole or in part).
3. Execution of the agreement is subject to mutual consultation, written agreement, and payment of any agreed-upon advance by the customer.
4. The customer is responsible for ensuring that Have Fun and Go can commence the agreement on schedule.
5. Failure to facilitate a timely start to the agreement resulting in additional costs or hours will be charged to the customer.

Customer’s Duty to Inform

1. The customer must provide all relevant information, data, and documents necessary for the correct execution of the agreement in a timely manner, in the desired format and manner.
2. The customer guarantees the accuracy, completeness, and reliability of the information, data, and documents provided, even if originating from third parties, unless otherwise agreed based on the agreement’s nature.
3. Upon request, Have Fun and Go will return relevant documents.
4. Failure to provide timely and proper information, data, or documents that reasonably contribute to Have Fun and Go’s execution of the agreement, resulting in delayed performance, will result in additional costs and hours charged to the customer.

Duration of the Service Agreement

1. The agreement between Have Fun and Go and the customer is indefinite, unless otherwise specified by the agreement’s nature or explicitly agreed upon in writing.
2. A fixed-term contract automatically converts to an indefinite contract at the term’s end. Either party may terminate it with a notice period of 2 months, or a consumer with a 1-month notice, to end the agreement upon the fixed term’s expiration.
3. If the agreement specifies a time frame for specific activities, this is not a strict deadline unless explicitly stated otherwise in writing. If this time frame is exceeded, the customer must grant Have Fun and Go a reasonable written extension before being entitled to terminate the agreement or claim damages.

Cancellation of Indefinite Contracts

1. The customer can terminate an indefinite agreement at any time with a 2-month notice.
2. A consumer can terminate an indefinite agreement with a 1-month notice.

Intellectual Property

1. Have Fun and Go retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design rights, etc.) on all designs, drawings, writings, data carriers, or other information, quotations, images, sketches, models, scale models, etc., unless otherwise agreed upon in writing.
2. The customer may not copy, allow copying, show to third parties, make available to third parties, or use Have Fun and Go’s intellectual property without prior written permission.

Confidentiality

1. The customer must keep confidential any information received from Have Fun and Go, whether in written, electronic, or other form.
2. The same obligation applies to any other information concerning Have Fun and Go that the customer knows or reasonably suspects to be confidential or whose disclosure may harm Have Fun and Go.
3. The customer must take necessary measures to ensure the information’s confidentiality.
4. The confidentiality obligation does not apply to information that:
   • Was public knowledge before the customer learned it or became public without breaching the customer’s confidentiality obligation.
   • The customer disclosed due to a legal obligation.
5. The confidentiality obligation lasts throughout the agreement and for 3 years after its termination.

Penalties

1. Violation by the customer of confidentiality or intellectual property provisions in these terms and conditions results in the customer paying an immediately due and payable fine of €1,000 (if the customer is a consumer) or €5,000 (if the customer is a company) for each violation. In addition, a penalty of 5% of the above amounts will accrue for each day the violation continues.
2. No actual damage, prior notice of default, or legal proceedings are required to impose the fines described in paragraph 1. The fines do not affect Have Fun and Go’s other rights, including the right to seek additional compensation beyond the fines.

Indemnity The customer indemnifies Have Fun and Go against all third-party claims related to products and/or services provided by Have Fun and Go.

Complaints

1. The customer must promptly inspect products or services provided by Have Fun and Go for any deficiencies.
2. If a delivered product or service does not meet the customer’s reasonable expectations under the agreement, the customer must notify Have Fun and Go as soon as possible, but within 1 month (for consumers, 2 months) after discovering the deficiencies.
3. Consumer complaints must be submitted within 2 months of discovery.
4. The customer must provide a detailed description of the deficiencies, enabling Have Fun and Go to respond appropriately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, it cannot force Have Fun and Go to perform work beyond the agreement’s terms.

Giving Notice

1. The customer must send any formal notices to Have Fun and Go in writing.
2. The customer is responsible for ensuring that notices reach Have Fun and Go on time.

Joint and Several Client Liabilities If Have Fun and Go enters an agreement with multiple customers, each customer is jointly and severally liable for the full amounts due to Have Fun and Go under that agreement.

Liability of Have Fun and Go

1. Have Fun and Go is only liable for damages suffered by the customer due to intent or gross negligence.
2. Have Fun and Go’s liability, if applicable, is limited to direct damages directly related to the agreement’s execution.
3. Have Fun and Go is not liable for indirect damages, including consequential losses, lost profits, lost savings, or damage to third parties.
4. If Have Fun and Go is liable, its liability is limited to the amount paid by its professional liability insurance or, in the absence of full payment by the insurance company, to the (portion of the) invoice to which the liability relates.
5. Descriptions, images, colors, drawings, and details provided on the website or in catalogs are indicative and approximate. They do not entitle the customer to compensation, partial dissolution of the agreement, or suspension of any obligation.

Expiry Period Any customer right to compensation from Have Fun and Go expires within 12 months after the event that gave rise to the liability, directly or indirectly. This does not affect the provisions in article 6:89 of the Dutch Civil Code.

Termination

1. The customer may terminate the agreement if Have Fun and Go substantially fails to fulfill its obligations, unless the nature of the breach does not warrant termination or is of minor significance.
2. If Have Fun and Go’s performance is temporarily or permanently impossible, termination is only possible after Have Fun and Go defaults.
3. Have Fun and Go may terminate the agreement if the customer fails to fulfill its obligations fully or in a timely manner, or if circumstances reasonably cause Have Fun and Go to fear the customer will not fulfill its obligations properly.

Force Majeure

1. In addition to Article 6:75 of the Dutch Civil Code, Have Fun and Go is not responsible for a failure to fulfill any obligation towards the customer when the fulfillment is entirely or partially prevented by circumstances beyond Have Fun and Go’s control, where performance cannot reasonably be expected from Have Fun and Go.
2. The force majeure circumstances include, but are not limited to: emergencies (e.g., civil war, insurrection, riots, natural disasters), defaults or force majeure from suppliers, carriers, or other third parties, unexpected power, electricity, internet, computer, or telecommunications disruptions, computer viruses, strikes, government actions, unexpected transport problems, adverse weather conditions, and labor disputes.
3. If force majeure lasts for at least 30 calendar days, both parties may terminate the agreement in writing, in whole or in part.
4. Have Fun and Go is not liable for any damages during a force majeure situation, even if Have Fun and Go benefits from the force majeure situation.

Modification of the Agreement If, after the agreement’s conclusion but before its execution, it is necessary to change or supplement its terms, the parties will adjust the agreement accordingly in a timely and mutually agreed manner.

Changes in the General Terms and Conditions

1. Have Fun and Go may amend or supplement these general terms and conditions.
2. Minor changes can be made at any time.
3. Major changes will be discussed with the customer in advance to the extent possible.
4. In the event of a significant change to the general terms and conditions, consumers may cancel the agreement.

Transfer of Rights

1. The customer may not transfer its rights under any agreement with Have Fun and Go to third parties without Have Fun and Go’s prior written consent.
2. This provision applies as a clause with a property law effect under Section 3:83(2) of the Dutch Civil Code.

Consequences of Nullity or Annulment

1. If one or more provisions of these general terms and conditions are null or annulled, the remaining provisions will remain in full force.
2. Have Fun and Go and the customer will consult with each other to replace any null or annulled provisions with new provisions.
3. The new provisions will be as close to the purpose and intent of the original provisions as possible.

Applicable Law and Disputes

1. Dutch law applies to all agreements between Have Fun and Go and the customer.
2. The Vienna Sales Convention does not apply.
3. Any dispute arising from an agreement between Have Fun and Go and the customer, which cannot be resolved by mutual agreement, will be submitted to the competent Dutch court in the district where Have Fun and Go is established.
4. Parties will only appeal to the courts after they have made every effort to resolve a dispute through mutual agreement.

These General Terms and Conditions of Have Fun and Go were last updated on August 31, 2023.