Terms and conditions

Article 1. General

• 1.1

• These general terms and conditions apply to each offer, tender and agreement between Barrik B.V., hereinafter referred to as "Barrik", and a customer to which Barrik has declared these terms and conditions applicable, insofar as the parties have not explicitly deviated from these terms and conditions in writing.

• 1.2

• These General Terms and Conditions also apply to agreements with Barrik for the performance of which Barrik needs to engage third parties.

• 1.3

• The applicability of any purchase conditions or other conditions of the customer is explicitly rejected.

Article 2. Intellectual property rights

• 2.1

• Barrik retains all intellectual property rights to its performances and the concept of the event, including those that would have remained in a developmental phase only or that would ultimately not have been approved or executed.

• 2.2

• Barrik retains the right to present concepts and ideas to different customers regardless of the stage of development in which the event or idea is or was.

• 2.3

• The principal may obtain permission to reproduce or communicate to the public all or part of the event at the explicit request of Barrik and only through written confirmation.

• 2.4

• The events that were not chosen by the principal, including all images, music, films, projects, sketches, models and other creations or works, may not be exploited in any way whatsoever without the prior written consent of Barrik.

• 2.5

• The concepts and events may not be adapted without the express and written consent of Barrik.

• 2.6

• The permission for exploitation given to the principal in accordance with the foregoing is subject to the principal complying with all of his obligations, including paying the sums due to Barrik and respecting the intellectual property rights to the event, the material and the creations delivered.

• 2.7

• Barrik will be entitled to place its name or logo, as well as those of its service providers, on media used to promote the event, in accordance with the modalities to be agreed with the principal. This sign will not be allowed to be changed, removed or moved without the consent of Barrik.

• 2.8

• In any event Barrik reserves the right to distribute images of the event as it will have been carried out, and this with a view to carrying out publicity or giving a presentation or any other broadcast as an example or promotion of the work that it realizes, and this in any way that it would choose and with reference to the principal.

Article 3. Offers and quotations

• 3.1

• Unless explicitly stated otherwise, each offer/quotation is valid for a maximum period of 30 days.

• 3.2

• Prices mentioned publicly on the website, in flyers, pamphlets or other graphic media for publicity reasons are purely indicative. Prices and rates will only be confirmed by written offer.

• 3.3

• All prices mentioned are applicable for services and events delivered on European territory for a period of not more than 30 days, deviating from the fixed date of the order or event.

• 3.4

• An agreement is established only after written confirmation by Barrik. A commencement of performance will count as confirmation, unless it is made with reservations.

• 3.5

• The offers, specifications, price lists and oral quotations of Barrik are purely indicative and contain prices without taxes (VAT).

• 3.6

• An option granted verbally or in writing is not binding. Each order will only be considered as ordered in case the contract or order form has been signed.

• 3.7

• A minimum performance of 4 hours excluding transport fees will be charged unless explicit mention is made of an exception to this rule. A minimum of 4 hours will be charged at the hourly rate mentioned in the offer.

• 3.8

• If Barrik is unable to confirm the option, another suitable date will be chosen on which the event can take place. Changing the date of the event cannot give rise to a breach of the contract drawn up or the signing of the order form.

Article 4. Services, deli­veries, reser­vation of title

• 4.1

• Delivery times are provided for information purposes only and are therefore not binding unless expressly agreed. A delay in the execution of the order can never be a reason for compensation or dissolution of the agreement.

• 4.2

• Upon delivery of goods the client/recipient must immediately take possession and inspect the goods. Complaints are only valid if they are made by registered mail. Complaints that are not sent by written mail within 8 days after delivery will no longer be accepted.

• 4.3

• Hidden defects may only give rise to compensation if they are reported within 3 months of their discovery by registered letter. The goods must not have been processed or treated.

• 4.4

• The risk is transferred at the moment the goods leave Barrik's warehouse.

• 4.5

• All delivered services, materials or goods that are not explicitly mentioned in the contract or in the offer will be charged extra on the final invoice. Added services do not need to be confirmed in writing. Verbal confirmation of services will be accepted as valid.

• 4.6

• Except as explicitly described in the order or contract, Barrik will not be responsible for the promotion of the event: the promotion will be the sole responsibility of the client, at his expense and under his responsibility.

• 4.7

• In the event that Barrik acts as an advisory body, the materials belonging to Barrik or to the principal will be transported at the expense and risk of the principal.

• 4.8

• In the event that Barrik is acting as an advisory or supporting body, Barrik will only be held responsible for the services, activities or materials provided that are explicitly mentioned in the contract or offer.

• 4.9

• In the event that Barrik acts as an advisory body and/or in the absence of an agreement to the contrary, the principal undertakes to take out all such insurance policies as are customary for an event organizer, and in particular will ensure that the staff of Barrik and its service providers for the event, as well as the materials used for the event, are covered.

• 4.10

• The principal will also take it upon himself to obtain the necessary administrative or other authorizations, as well as the accreditations necessary for the organization and production of the concepts and ideas provided by Barrik.

• 4.11

• All goods delivered by Barrik within the framework of the agreement will remain the property of Barrik until the principal has properly fulfilled all obligations arising from the agreements concluded with Barrik. The principal is not authorized to sell, pledge or encumber in any other way the goods that fall under Barrik's retention of title.

Article 5. Adjustments, cancellations, force majeure

• 5.1

• Any complaint regarding invoices from Barrik or its suppliers must be notified by registered mail within 14 days after their date of dispatch. Failing this, the invoices will be deemed to have been accepted without reservation.

• 5.2

• Adjustments within a margin of 5% to the total part of the order to which an adjustment has to be made will be allowed until maximum 2 weeks before the production start date of the event.

• 5.3

• Adjustments to the order within a period of 2 weeks prior to the production start date of the event will not be accepted.

• 5.4

• Any suspension of or adjustment to the order by the principal in the course of its execution may result in a revision of the price initially agreed upon, without prejudice to the sanction relating to Barrik's intellectual rights. Prices and rates resulting from adjustments will be subject to increases due to last minute deliveries and short-term indexations.

• 5.5

• The customer cannot unilaterally cancel an order that is already being executed, or do so before the agreed term, except with full compensation from Barrik.

• 5.6

• Any cancellation of an order must be made in writing. It will only be valid if accepted in writing by Barrik.

• 5.7

• In the event of cancellation, a fixed compensation of at least 20% of the total price of the order will be due. In the event of cancellation less than 30 days prior to the production start date of the event a fixed compensation of 25% will be charged. Any cancellation less than 14 days prior to the event will not be accepted. An amount equal to 100% of the contractually binding amount will be charged if necessary.

• 5.8

• In the event that the total amount of costs incurred and/or order placed exceeds 20% of the total price of the order, the actual costs will be charged. The aforementioned will also be increased by the agency fees and profits mentioned that Barrik loses due to cancellation, without prejudice to the damages that it could claim.

• 5.9

• The order of the customer can be postponed, adapted or cancelled in case of force majeure or as a result of external factors beyond Barrik's control, such as, without this list being exhaustive, natural disasters, war, strike, riots; death, illness or unavailability of the ordered artist or artists, materials or services. Barrik undertakes, however, to inform the principal immediately should such events occur and in this case to propose, to the extent possible, an equivalent alternative. Under no circumstances can Barrik be held responsible and no compensation will be due to the customer.

Article 6. Payment, interest, collection costs

• 6.1

• Except where explicitly stated, each order is accompanied by the payment of a deposit, worth at least 75% of the total amount of the order. The balance shall be paid no later than 14 days after receipt of the balance invoice.

• 6.2

• Invoices will only be accepted as paid when financial proof is visible on the bank account mentioned on the invoice or in case a discharge agreement can be presented.

• 6.3

• The total % of the advance invoice will be determined by Barrik, order by order. The calculated amount will be mentioned in the contract, on the offer or on the order form.

• 6.4

• All payments will be made to the address of Barrik or to its accounts mentioned on the invoice.

• 6.5

• In the absence of payment on the due date, the amounts owed to Barrik will be increased automatically, ipso jure and without prior notice of default, by default interest at a monthly rate of 1.5%, starting from the final date of the invoice, each month started being considered a full month, as well as by a conventional and fixed compensation of 10% of the unpaid amount, with a minimum of 250 EUR, without prejudice to any damages for procedures, fees, costs of collection, court or execution. Any discounts granted will also lapse.

• 6.6

• Furthermore, in the event of non-payment or delayed payment, Barrik reserves the right to suspend or definitively stop the execution of events that are still planned for the same customer (whether they are the subject of the unpaid order or of another order), without prejudice to Barrik's right to claim compensation.

• 6.7

• The foregoing does not affect the immediate exigibility of the debt. If the invoice is drawn up in the name of a third party at the principal's request, the principal will be jointly and severally liable with this third party for payment of the invoice and performance of the other obligations entered into.

• 6.8

• The initially agreed price and the paid advances will moreover and in any event be acquired by Barrik, who, to the extent that they have not yet been paid in full, will also be able to claim the balance still owed by the principal. The same applies in the event that the order is cancelled before it is executed.

Article 7. Accountability

• 7.1

• Barrik cannot be held responsible for any non-conformity of the event that would be caused, directly or indirectly, by the information, elements or instructions given or approved by the customer, or by force majeure.

• 7.2

• Furthermore, the principal guarantees Barrik, and releases Barrik from any responsibility in this regard, that any elements of the event (decors, images, music, costumes, etc.) that he puts at Barrik's disposal for the performance of its services, may be freely used for this purpose. The principal will relieve Barrik of any responsibility in this regard and will guarantee Barrik against any direct or indirect consequences of claims made against it by third parties, including the costs of defence.

• 7.3

• Barrik may cooperate with third parties of its choice and under its responsibility - natural person or legal entity - for the performance of the services entrusted to it.

• 7.4

• Any natural person who undertakes to Barrik on behalf of another natural person, a company or an association, will be jointly and severally liable with this third party, company or association for the commitments thus entered into. Barrik is solely responsible to the Client. The natural persons acting with Barrik on behalf of the Principal shall be deemed to have all the power to represent the Principal and to act in its name and on its behalf.

• 7.5

• If Barrik's responsibility should be retained as a result of the non-performance or defective performance of the services entrusted to it, the total compensation possibly due to the principal will not exceed 10% of the amount invoiced for the service at the origin of the said damage.

• 7.6

• The possible nullity or unenforceability of a clause in these general terms and conditions will not impede the existence of the other clauses. The mere fact that Barrik does not invoke any clause of these general terms and conditions can in no way be interpreted as a waiver of the right to invoke such a clause at a later date.

Article 8. Indemnification

• 8.1

• The principal will indemnify Barrik against any claims from third parties that incur damage in connection with the execution of the agreement and for which the cause is attributable to parties other than Barrik. If Barrik is held liable by third parties for this reason, the principal will be obliged to assist Barrik, both extra-judicially and judicially, and to immediately do everything that may be expected of him in this respect.

Article 9. Applicable law and disputes

• 9.1

• All legal relationships to which Barrik is a party are governed exclusively by Belgian law, even if an obligation is fully or partially performed abroad or if the party involved in the legal relationship has its residence there.

• 9.2

• The courts and tribunals in the judicial district of Antwerp have exclusive jurisdiction over disputes, unless the law prescribes otherwise. Nevertheless, Barrik has the right to submit the dispute to the competent court according to the law.

Article 10. Privacy and data protection

• 10.1

• The Client acknowledges and agrees that Barrik receives and processes personal data (name, address, location data, e-mail address, telephone number etc. of natural persons). Barrik is the party responsible for processing these personal data. The processing will always take place in accordance with Barrik's Privacy Policy, the prevailing national legislation and Regulation (EU) 2016/679 and its implementing decrees as of 25 May 2018 and to comply with them.

• 10.2

• Personal data collected by Barrik will only be used to keep the client or data subject informed about Barrik's assignment and/or services, as well as any targeted purpose for which the client or data subject has given their explicit consent. Barrik undertakes to process the personal data confidentially. Except for what is necessary for an adequate provision of services, no personal information will be processed without Barrik's prior consent. The Client will have the opportunity to withdraw his/her consent at any time.

• 10.3

• In the context of the performance of the agreement, it is possible that the customer's personal data will be passed on to third parties. Insofar as the processing (by these third parties) takes place outside the EEA (European Economic Area) and there is no adequacy decision in place from the European Commission, Barrik will provide an adequate level of protection with respect to these personal data by means of model agreements approved by the European Commission or through binding internal codes of conduct.

• 10.4

• Barrik undertakes to take the necessary technical and organizational measures to prevent the loss or any other form of unlawful processing of personal data, taking into account the state of the technology, the sector concerned, the nature of the processing and the associated risks.

• 10.5

• Each data subject has the right to request access, free of charge correction and/or deletion of their collected personal data, as well as the right to withdraw their consent or request their transferability. The data that Barrik collects with a view to the processing of the order or assignment can be consulted at any time following a written request.

• 10.6

• Questions and/or complaints regarding the processing of your personal data can be directed to Barrik. In addition, the client always has the possibility of submitting a complaint to the Belgian Data Protection Authority (Drukpersstraat 35, 1000 BRUSSELS - contact@apd-gba.be - +32 (0) 274 48 00).