General Conditions

GENERAL TERMS AND CONDITIONS SEVENTYFOUR CREATIONS BV

1. DEFINITIONS

1.1 In these general terms and conditions, the following terms are understood to mean:

1. Company: SeventyFour Creations BV BE0711.940.606, hereinafter referred to as '74C'

2. Customer: any natural or legal person with whom an agreement has been concluded.

Consumer: a customer who is an individual acting as a private person.

1. Products/Services: all goods that the Customer or Consumer can purchase from the Company.

2. Event space/locations: rental of an event space or location by a customer or consumer.

3. Order form: the written confirmation of the order placed by the Customer or Consumer with the Company.

4. Law of August 2002: the law of August 2, 2002, concerning the combating of late payment in commercial transactions (B.S. 07.08.2002).

2. APPLICABILITY

2.1 These general terms and conditions apply to the contractual relationship between SeventyFour Creations BV, with registered office at 2950 Kapellen, Streepstraat 109, VAT BE 0711.940.606 ('74C') and the customer ('the Customer') or the consumer ('Consumer') unless otherwise agreed in writing. By ordering, the Customer or Consumer expressly acknowledges having read these general terms and conditions and accepts their application without reservation. 74C displays general terms and conditions on the website www.SeventyFourCreations.com

2.2. These general terms and conditions apply to all services commercialized by 74C (including event organization, marketing, graphic design, etc.). These general terms and conditions always apply, provided they do not conflict with the specific conditions of 74C.

2.3 The Company reserves the right to modify these general terms and conditions at any time by publishing a new version on the aforementioned website. Any order placed by the Customer or Consumer after the Company publishes this new version implies acceptance by the Customer or Consumer of the most recently published version.

2.4. If the Company has allowed deviations from these General Terms and Conditions for a short or long period, whether implicitly or not, this does not affect its right to demand immediate and strict compliance with these general terms and conditions.

3. FORMATION OF THE AGREEMENT

3.1. The agreement between 74C and the Customer or Consumer is concluded once the Customer or Consumer has provided 74C with a signed quotation within the validity period of the quotation, or through confirmation by email.

The agreement is presumed to be tacitly concluded if 74C begins execution of the services requested by the Customer or Consumer, unless explicitly protested by the Customer or Consumer.

3.2. The subject of the agreement is determined by the quotation and/or order confirmation. The quotation and order confirmation of 74C only apply to the aspects of the services explicitly formulated therein.

In case of conflict between the provisions of the quotation and the order confirmation, the provisions of the order confirmation are considered the subject of the agreement. The agreement is always deemed to have been concluded at the registered office of 74C.

3.3. 74C reserves the right to use appointees for the execution of the agreement. In this case, the general terms and conditions of these appointees will also apply to this agreement. Any additional costs for the execution of the agreement by appointees will be charged to the Customer or Consumer.

4. QUOTATION AND PRICES

4.1. A quotation from 74C is valid for a period of fourteen calendar days from the date it was issued. The prices mentioned in the quotation from 74C are purely indicative and are based on the price of wages, charges, material costs, and other costs in effect at the time of preparation, and are therefore subject to fluctuations. 74C commits to promptly informing the Customer or Consumer of any price changes. 74C is not bound by price mentions that are evidently incorrect, such as in the case of printing or language errors. The Customer or Consumer cannot derive any rights from unlawful price information.

4.2. VAT, taxes, and all other levies are always borne by the Customer or Consumer. The price agreed upon for a particular assignment does not bind 74C for subsequent assignments.

5. DELIVERY PERIOD

5.1. The delivery period is indicated by 74C and is not binding. 74C commits to delivering the services to the best of its ability, without providing any guarantee or being held to any result by the Customer or Consumer.

Delays or late deliveries cannot give rise to dissolution of the agreement, compensation, or any other form of liability towards 74C.

6. INVOICING AND PAYMENT

6.1. At the time of acceptance of the quotation, 74C will charge an amount equal to 70% of the quotation amount unless otherwise stated in the quotation. The advance payment must be made by the Customer or Consumer within 7 calendar days after the invoice date. The necessary bookings and reservations will only be made once the advance payment has been made.

The balance of 30% of the quotation amount will be charged 7 days before the delivery of the requested services and is payable in cash unless explicitly agreed otherwise. The final settlement follows in the week after the event or after all information from the subcontractors has been received.

6.2. In case of late payment by the Consumer, late payment interest is due in accordance with article 5, paragraph 1 of the Law of August 2, 2002, and 74C will send a free reminder to pay the due amount within 14 calendar days. If the Consumer does not pay within that period, the outstanding amount will be increased by an annual interest calculated at the reference interest rate increased by eight percentage points as referred to in article 5, second paragraph of the Law of August 2, 2002, concerning the combating of late payment in commercial transactions calculated from the calendar day following the day on which the free reminder was sent to the Consumer, as well as a lump-sum compensation of:

a) 20 euros if the outstanding balance is less than or equal to 150 euros;

b) 30 euros plus 10% of the amount due on the tranche between 150.01 and 500 euros if the outstanding balance is between 150.01 and 500 euros;

c) 65 euros plus 5% of the amount due on the tranche above 500 euros, with a maximum of 2000 euros if the outstanding balance is more than 500 euros.

6.3 In case of non-payment of the whole or part of the price by the Customer, the outstanding amount will automatically and without any notice be increased by an annual interest of 12% and a lump-sum compensation of 10%, with a minimum of 50 euros. Any non-payment makes all outstanding invoices immediately due and gives 74C the right, after notice, to either suspend any future deliveries or to dissolve the agreement, without prejudice to the right to compensation.

In case of non-payment of the invoice, 74C may engage the services of a collection agency such as Unpaid.be or similar if the conditions are met.

Any payment will be attributed to the oldest outstanding invoice and the applied reminder costs regardless of the mention on the payment.

6.4. Any request for postponement, cancellation, or late cancellation by the Customer or Consumer of an assignment will automatically and without notice entail the payment of the services already delivered, plus a lump-sum compensation determined in the special conditions. In the case of purchasing access tickets or VIP tables to events organized by 74C, cancellation can be made up to a maximum of 30 days before the date of the event; thereafter, the full ticket amount will remain due, and the full invoice must be paid.

For bookings of an event location, cancellation can be made free of charge up to 6 months before the event date; up to 4 months before the event, a compensation of 40% of the rental price of the location (including any extra setup day) and of the services of 74C as mentioned in the agreement will be charged, from 4 to 1 month before the event date, 60% of the rental price of the location (including any extra setup day) and of the services of 74C as mentioned in the agreement will be charged, and less than 1 month before the event date, the Customer or Consumer is liable to pay the entire rental price (including any extra setup day) and the services of 74C as mentioned in the agreement.

7. SUSPENSION

7.1. The execution of the agreement can be suspended by 74C in case of changes such as, among others, death, disqualification, arrangement or other limitations of legal capacity, bankruptcy, judicial reorganization, or amicable settlement, credit instability, etc. The suspension applies at least until sufficient guarantees are provided to secure the value of the entirely or partially unpaid and/or not yet executed services. 74C can, at its own discretion, either terminate the agreement or continue it under different conditions.

8. FORCE MAJEURE

8.1. Any circumstance that constitutes force majeure for 74C, such as, among others, the bankruptcy of a supplier, weather conditions, natural disasters, strikes, electrical failures, will be considered force majeure.

Force majeure cannot give rise to any compensation on the part of 74C, but does not release the Customer or Consumer from their payment obligation in any way.

8.2. All circumstances that were reasonably unforeseeable at the time of drafting the quotation and would complicate and/or burden the execution of the agreement will be considered force majeure.

9. LIABILITY

9.1. The Customer or Consumer is presumed to be authorized to assign a task to 74C and will be solely responsible towards third parties. 74C's obligations are limited to a means obligation. In the event that 74C is unable to fulfill its obligations due to an event beyond its control, such as a strike, social disturbances, government measures, a Supplier's failure, weather conditions, etc., 74C is relieved of any responsibility.

9.2. The liability of 74C and/or its appointees is limited to the coverages that 74C's insurance company is willing to assume. The Customer or Consumer accepts the limits of the coverages offered by 74C's insurance company, even if these are below the contract value.

The Customer or Consumer indemnifies 74C against any claims by third parties, in case the compensation for these claims exceeds the insured limits.

74C cannot be held liable for indirect damage, such as business or moral damage. 74C will not be held liable for damages arising from force majeure.

9.3. The liability of 74C towards the Customer or Consumer, regardless of the basis, is limited to the amount of the invoice for the goods or services, the defective part thereof, or the defective part of the contract.

9.4. The use of advertising material and/or displays supplied by the Customer or Consumer remains under the Customer's or Consumer's responsibility. The Customer or Consumer indemnifies 74C from all third-party claims relating to advertising material supplied by the Customer or Consumer. In the event that the Customer or Consumer fails to inform 74C about the necessity of certain permits for the advertising material supplied, any penalties or claims by third parties will be borne by the Customer or Consumer.

10. COMPLAINTS AND WARRANTY

10.1. The Customer or Consumer undertakes to immediately inspect the goods or services upon receipt.

The warranty for visible defects ends at the time of delivery. Any complaint must be submitted within 8 days after the delivery date. Complaints must be substantiated and contain all necessary documents.

In the absence of timely and substantiated complaints, the Customer or Consumer is considered to have accepted the goods and/or services without reservation.

11. APPLICABLE LAW

11.1. Only Belgian law applies to all agreements concluded between 74C and the Customer or Consumer.

12. DISPUTES

12.1. The parties undertake to always attempt to resolve any disputes amicably.

In the event of a legal dispute, the courts of the district of Antwerp have exclusive jurisdiction, with the competent court being determined according to the amount of the claim.

13. GENERAL PROVISIONS

13.1. If one of the provisions of these general terms and conditions is declared null and void or non-binding, the other provisions will continue to apply in full.

The invalid provision will be replaced by a provision that closely approximates the intention of the invalid provision.

13.2. The Customer or Consumer acknowledges that they have read and accepted these general terms and conditions, as well as any specific conditions that apply to the agreement.

14. APPLICABILITY

14.1. The non-application by 74C of one or more provisions of these General Terms and Conditions shall not be considered as a waiver of these terms.

15. COMPETENT COURT AND APPLICABLE LAW

15.1. In the event of a dispute regarding any provision of these General Terms and Conditions or the execution of services, only the courts of the judicial district of Antwerp, Antwerp division, shall have jurisdiction.

15.2. Belgian law is applicable.

This document sets out the general terms and conditions for SeventyFour Creations BV, including definitions, applicability, formation of agreements, quotations and prices, delivery periods, invoicing and payment, suspension, force majeure, liability, complaints and warranty, applicable law, disputes, and general provisions. It ensures that both the company and its clients understand their rights and obligations under various circumstances.