Terms & Conditions
Latest revision: 23rd of November 2020
1 - Definitions
1.1 Amsterdam Cooking Workshops: the sole proprietorship including all its trade names, registered at the Dutch Chamber of Commerce under number 56117493, located at Vrijheidslaan 26-1, 1078 PK Amsterdam, the Netherlands.
1.2 Customer: a natural person or legal person who reaches an agreement with Amsterdam Cooking Workshops for the sale of Products and/ or Services, including but not limited to the organizer, initiator, contact person of the client or an authorized representative of the client as well as all participants of the Services provided by Amsterdam Cooking Workshops.
1.3 Agreement: the agreement between the Customer and Amsterdam Cooking Workshops, including but not limited to the Products and/ or Services provided by Amsterdam Cooking Workshops.
1.4 Services: cooking workshops provided by Amsterdam Cooking Workshops.
1.5 Products: cooking workshops related and/ or food items provided by Amsterdam Cooking Workshops.
2 - General
2.1 These Terms and Conditions apply to all agreements (including but not limited to quotations, negotiations and agreements) on Products to deliver or Services to fulfill.
2.2 Amsterdam Cooking Workshops is not bound by quotations and/or oral agreements if they are concluded by a person who is not authorized to represent Amsterdam Cooking Workshops legally, unless the quotations and/ or oral agreements are in writing and confirmed in writing by authorized personnel.
3 – Constitution of an agreement and the contents thereof
3.1 In case the Customer requests Amsterdam Cooking Workshops to make a quotation for Products and/ or Services, this is seen as an invitation to make an quotation by Amsterdam Cooking Workshops.
3.2 The Customer is never bound by a written and/ or oral quotation made by Amsterdam Cooking Workshops. The quotation is binding if the quotation includes a term in which the Customer can agree unless the quotation states that the quotation is irrevocable. When this term is not included in a written quotation, the quotation is expired two weeks after the quotation was made and without further contact by Amsterdam Cooking Workshops. This term can be lengthened upon Customer request.
3.3 An agreement is concluded between Customer and Amsterdam Cooking Workshops when the acceptance of the quotation reaches Amsterdam Cooking Workshops within the aforementioned two week term.
3.4 In case the Customer refers to different general terms and conditions when accepting the quotation, those general terms and conditions do not apply. Only these written terms and conditions apply. If the Customer accepts the quotation but explicitly does not accept these terms and conditions, the quotation is refused by Amsterdam Cooking Workshops, in which case it constitutes a counter quotation.
3.5 Acceptance as well as confirmation of a quotation which includes significant changes, limitations or additions constitutes a counter quotation and a refusal of the original quotation.
3.6 Additions, limitations or other changes mentioned in the previous article are seen as extra/changed terms relating, including but not limited to, price, payment, quality, attire, quantity of the Products and/ or Services, place and time of delivery, extent of the liability of either party towards the other and the settlement of disputes.
4 – Price
4.1 Amsterdam Cooking Workshops reserves the right to change prices of Products and/ or Services between the confirmation of an order and delivery of the Products and/ or Services. Amsterdam Cooking Workshops is required to communicate price changes to the Customer as soon as possible.
4.2 Amsterdam Cooking Workshops charges a fixed price per participant for the Services, in which non-alcoholic beverages are included. Amsterdam Cooking Workshops does not allow Customers to bring their own alcoholic beverages to the cooking workshops.
5 – Payment
5.1 Payment needs to be fulfilled within 7 days after the date of invoice. In case the Customer does not meet these payment obligations entirely or partly, Amsterdam Cooking Workshops reserves the right to suspend the delivery of Products and/ or Services.
5.2 In case the Customer does not meet the payment within the period mentioned in 5.1, the Customer is in default regarding the agreement and Amsterdam Cooking Workshops does not have an obligation to specify the formal notice of default. From that moment on, the Customer is due statutory interest regarding the unpaid contractual obligation.
5.3 Amsterdam Cooking Workshops expressively reserves the right to demand payment entirely or partly before delivering the Products or rendering the Services agreed upon.
5.4 All payments will always and exclusively be intended for paying the oldest outstanding invoices.
5.5 All payments must be paid in Euro’s, unless agreed otherwise in a written statement. In case both parties agree that payment will be in another currency, the currency rate on the day of the invoice will be the currency rate that will apply. The Customer will be responsible for the costs of the conversion or any damage that Amsterdam Cooking Workshops will suffer through exchange gains and losses.
5.6 If the Customer fails in its obligations to fulfill the payment, Amsterdam Cooking Workshops can enlist a third party to collect the outstanding invoice. The customer is responsible for extrajudicial collection costs. These costs amount 15% of the amount which is claimed with a minimum of €91,00 plus VAT.
6 – Changes of the agreement
6.1 Changes in the original agreement, by or on behalf of the Customer, which leads to costs that are not included in the agreement or order confirmation, will be charged to the Customer via the invoice, as mentioned in article 5.1.
6.2 In case of any changes, the Customer is required to communicate such to Amsterdam Cooking Workshops at least seven days before the Services are about to be rendered. The changes have to be in written form and need approval from Amsterdam Cooking Workshops.
6.3 Changes that are communicated after the term of article 6.2 ends or changes that Amsterdam Cooking Workshops does not approve, cannot be included in the Services about to be rendered.
7 – Liability
7.1 Amsterdam Cooking Workshops is insured for statutory liability. Any liability of Amsterdam Cooking Workshops is limited to the amount paid by its insurance in a given dispute.
7.2 Amsterdam Cooking Workshops is not liable to a Customer or third party for damage resulting from Amsterdam Cooking Workshops Products and Services, unless the damage is caused deliberately, or caused as a result of conscious recklessness by Amsterdam Cooking Workshops.
7.3 Amsterdam Cooking Workshops is neither to the Customer nor to third parties liable for any damage regarding their clothing or other items, unless the damage is caused deliberately or are the result of deliberate recklessness. Amsterdam Cooking Workshops is never liable for any consequential damages.
7.4 Amsterdam Cooking Workshops is neither to the Customer nor to third parties liable for damages and/ or injuries, unless the damage and/ or injuries are caused deliberately or are the result of deliberate recklessness The Customer agrees that Amsterdam Cooking Workshops is not liable to third parties if the damage of this third party is caused by Services and/ or Products of Amsterdam Cooking Workshops, unless the damage is caused deliberately or is the result of conscious recklessness.
7.5 Amsterdam Cooking Workshops will not be held liable for the payments of costs, damage and interest in the event that it could not deliver the agreed upon Products and/ or Services due to ‘force majeure’. Force Majeure applies if Amsterdam Cooking Workshops cannot, not in a timely manner, or not properly, fulfill the agreed upon performances of the agreement, because of a problem of which the cause is beyond the control of Amsterdam Cooking Workshops. Force majeure situations, among others, are: no or late delivery of the Products and/ or Services if its suppliers fail to deliver in time, illness of Amsterdam Cooking Workshops personnel and/ or third parties hired by Amsterdam Cooking Workshops, strikes and other causes of interruption of business, fire, leaking, theft, shortage of raw materials, transporting difficulties, governmental action, flooding, war, threat of war, high waters, storm, sleet, snow and other such weather conditions. Amsterdam Cooking Workshops is not liable in the aforementioned cases.
8 – Cancellation of a private group cooking workshops or other group Services
8.1 The number of people the that will attend a private cooking workshop or other private Service, as communicated to Amsterdam Cooking Workshops by the Customer, is binding. The Customer will not be held liable when partially or totally cancelling the order of a private group cooking workshop or other private group Service if the Customer communicates this at least 48 hours prior to the date the Service commences. If it appears Amsterdam Cooking Workshops has to provide the Service to more people than agreed upon, Amsterdam Cooking Workshops has the right to refuse rendering the Service to more people than the agreed upon number, or to accept rendering the Service to these persons at regular conditions. In all cases of cancellation later than before the aforementioned term of 48 hours, the Customer is liable for all costs paid for inventory and third parties. In that case, the Customer will be held liable for all payment obligations to Amsterdam Cooking Workshops for the agreement with this Customer.
9 – Cancellation of an agreement for public cooking workshops or other public Services
9.1 The Customer will not be held liable when partially or totally cancelling the order of a public cooking workshop or other public Service, if the Customer communicates this at least 48 hours prior to the date the Service commences.
9.2 The Customer is entitled to send someone else in his/ her place when this is communicated upfront in writing to Amsterdam Cooking Workshops.
10 – Gift cards
10.1 Gift cards are valid until one year after they are sold by Amsterdam Cooking Workshops. The gift card will lose its value after one year and cannot be used as a payment method, unless stated otherwise on the gift card. The cooking workshop or other Service can take place more than one year after the gift card is being sold.
10.2 Gift cards are not linked to a certain person and can be given to anyone.
10.3 Gift cards or the left-over value of a gift card are not exchangeable for money. The left-over value of a gift card can be used for a next order or an extra person to attend the Service. Left-over values are tracked by Amsterdam Cooking Workshops. Left-over values are only to be used within one year after being sold by Amsterdam Cooking Workshops.
10.4 In case the total amount of the Customer’s order of a Service is higher than the value of the used gift card(s), the amount that still needs to be paid must be paid using one of the following payment methods: Credit card, iDeal or PayPal.
11 – Termination of an agreement
11.1 In case Amsterdam Cooking Workshops does not receive the agreed amount of pre-payment or invoice at least 48 hours before the Service commences, the agreement is legally dissolved, and the customer is held liable for 100% of the price agreed upon as specified in article 8. Amsterdam Cooking Workshops is not liable for any indemnification.
11.2 Amsterdam Cooking Workshops always has the right – without being liable for any indemnification – to terminate the agreement in case the Service violates any laws or governmental regulations or when the Service could harm the interests or ‘good name’ of Amsterdam Cooking Workshops.
11.3 in case the security of guests, personnel and/or others is insufficiently safeguarded, or when the given materials are wrongly used, Amsterdam Cooking Workshops has the right to change or dissolve the agreement with the Customer without being liable for any indemnification to the customer.
12 – Intellectual Property Rights
12.1 Intellectual Property (including but not limited to websites, copyrighting, trademarks, logo’s, concepts and events) created by Amsterdam Cooking Workshops will remain exclusively the property of Amsterdam Cooking Workshops.
13 – Governing law and dispute resolution
13.1 All quotations and agreements made by Amsterdam Cooking Workshops are governed by Dutch law.
13.2 All disputes shall be exclusively governed by the applicable court in Amsterdam.