General Terms & Conditions
Red Curtain Studio
Article 1 – Applicability
Unless expressly agreed otherwise in writing, these Terms and Conditions shall apply to all activities, quotations, offers, arrangements and agreements.
Deviations from these Terms and Conditions shall only be binding on Red Curtain Studio if this has been confirmed in writing by Red Curtain Studio.
These Terms and Conditions replace and exclude all terms and conditions that have been or will be specified by the Client.
Article 2 – Quotations
All quotations and offers are without obligation, unless they include mention of a period of validity.
All offers and quotations are without obligation and are made in the form of writing, unless Red Curtain Studio decides not to make the offer in writing for reasons of practicality, urgency or for other reasons. The offer shall be dated or shall be determinable according to date.
Article 3 – Agreement
An agreement between Red Curtain Studio and the Client is considered to have come into existence at the moment Red Curtain Studio sends out an order confirmation or at the moment Red Curtain Studio receives an offer, quotation or agreement signed and approved by the Client - which has a period of validity that has not (yet) expired at the moment that Red Curtain Studio receives it - or at the moment at which the agreement is signed by both Red Curtain Studio and the Client.
All other agreements and supplemental agreements drawn up at a later date shall only be binding on Red Curtain Studio if and insofar as these have been expressly confirmed by Red Curtain Studio in writing and the Client does not object to this in writing within eight (8) days.
Red Curtain Studio shall be obliged to deliver good work in compliance with applicable professional standards and in accordance with the briefing.
Red Curtain Studio shall be obliged to keep confidential all information relating to the Client that may be assumed to be confidential. This confidentiality shall continue to apply after the completion of the order.
Article 4 – Scope of Activities
The content of the agreement concluded with Red Curtain Studio shall be limited to that which has been expressly agreed in writing.
All costs arising from changes in the agreement, as a result either of a supplemental or special order by the Client or of a circumstance whereby the information provided by the Client does not correspond to previous statements, shall be charged separately to the Client.
With reference to Article 3.2, Red Curtain Studio reserves the right to offset additional work against the final amount owed by the Client.
Article 5 – Delivery
Red Curtain Studio shall supply the goods/services at the moment of or immediately at the end of the delivery period agreed in the order. The delivery periods specified by Red Curtain Studio are given to the best of its knowledge and shall never be construed as final deadlines.
If a delivery period has been agreed, it shall commence on the date on which Red Curtain Studio has confirmed the order.
Article 6 – Dispatch
From the moment of delivery and/or provision, but in any case, from the moment the goods leave Red Curtain Studio’s premises, the Client shall assume all responsibility for the goods. Red Curtain Studio shall not be obliged to insure the goods at its own expense, unless expressly agreed to the contrary in writing.
Article 7 – Payment
The Client shall receive a separate invoice for the payment due, which must be paid within 14 days of the invoice date, unless expressly agreed to the contrary in writing.
If payment for the amount due has not been received by Red Curtain Studio within the stipulated period, the Client shall owe Red Curtain Studio interest in the amount of 1% per month, in addition to €10.00 in administration costs. If Red Curtain Studio has not received payment despite repeated (2 x) written reminders sent to the Client’s address, Red Curtain Studio shall be entitled to hand over the matter to a third party. The Client shall be responsible for the costs thereof. These costs shall amount to 15% of the amount due (with a minimum of €250.00). As long as all outstanding debts have not been paid by the Client, Red Curtain Studio shall be entitled to reject/cancel future orders and/or to cancel deliveries.
Article 8 – Appointment cancellation
Short–notice cancellations of agreed appointments—less than two (2) days’ notice—and no shows will result in the Client paying an appointment cancellation fee of €150,00 (one hundred and fifty) euros.
Article 9 – Reservation of Ownership
As long as the Client has not paid the entire amount of the purchase price plus any additional costs, Red Curtain Studio shall retain ownership of the production. In this case, ownership shall be transferred as soon as the Client has satisfied all its obligations towards Red Curtain Studio.
Article 10 – Complaints
Any complaints relating to goods delivered by Red Curtain Studio, work performed and / or invoices drawn up must be submitted to Red Curtain Studio in writing, preferably by registered mail, within fourteen days after delivery of the goods, completion of the work and / or sending of the invoice, stating relevant facts and circumstances, in the absence of which the client will not be able to assert any rights in this respect.
If a complaint is made in time as a result of the previous paragraph, the client remains obliged to purchase and pay for the purchased items. Should the client wish to return defective goods, this shall be done with the prior written permission of Red Curtain Studio and in the manner as indicated by Red Curtain Studio.
Article 11 – Warranty
Red Curtain Studio guarantees that the items to be delivered comply with the normal requirements and standards which may be placed on them.
This warranty shall not apply if a defect has occurred due to improper or illegitimate use or if, without the written consent of Red Curtain Studio, the Client or third parties have made or have tried to make modifications to the item or have used the item for purposes other than that for which the item was intended.
Article 12 – Indemnification
The Client shall indemnify Red Curtain Studio against claims by third parties with regards to intellectual property rights to materials, data, data carriers and electronic files supplied by the Client and used for the implementation of the agreement.
If the Client provides data carriers, electronic files or software, etc. to Red Curtain Studio, the Client guarantees that these carriers, electronic files or software are free of viruses and defects.
Article 13 – Intellectual Property and Copyrights
The Client shall not be permitted to modify, copy or publish any items, or to supply them to third parties, other than as agreed in writing.
Any designs, sketches, drawings, films, software and other materials or (electronic) files that have been created by Red Curtain Studio within the context of the agreement shall remain the property of Red Curtain Studio, irrespective of whether these have been supplied to the Client or to third parties, unless otherwise agreed.
Red Curtain Studio reserves the right to use any knowledge it has acquired during the performance of its working activities for other purposes, provided that this does not result in any confidential information being made known to third parties.
Article 14 – Liability
Red Curtain Studio shall not be liable for any damage, except in the case that a payment is issued in connection with its liability insurance.
Should the provisions of paragraph 1 be found to be legally unenforceable, Red Curtain Studio’s liability shall be limited to the total contract price, up to a maximum of €10,000.00.
In no case shall Red Curtain Studio be liable for consequential damages.
Article 15 – Termination
Red Curtain Studio reserves the right to terminate the agreement at the moment the Client declares bankruptcy, applies for a temporary postponement of payment or loses his authority to dispose of his assets as a result of attachment, receivership or otherwise, unless the receiver or administrator acknowledges the obligations arising from this agreement to be liquidation liabilities.
As a result of the termination, all existing claims of both parties will become immediately due and payable.
Article 16 – Applicable Law
All purchase agreements or service provision agreements concluded by Red Curtain Studio shall be governed by Dutch law. In the event of disputes, the parties shall first attempt to come to an amicable solution. If this is unsuccessful, the dispute shall be submitted to a court in The Hague.
Last updated: 1 January 2022