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General Provisions

GENERAL SALES AND DELIVERY CONDITIONS

GENERAL PROVISIONS

1.1 These terms and conditions apply to all offers made and goods provided by A Talent House® and/or all agreements concluded with its customers, either verbally, via the website of A Talent House® or in writing or confirmed by A Talent House®, unless expressly and insofar as provided otherwise in writing. 
1.2 Unless expressly agreed upon otherwise, A Talent House® shall not be bound by any terms and conditions imposed by or observed by the customer.

DEFINITIONS

2.1 Pursuant to these terms and conditions, the term Customer is understood to mean all natural persons or legal persons who have instructed A Talent House® to deliver products or carry out specific work to such products.

OFFERS AND QUOTATIONS

3.1 All offers and quotations issued by A Talent House® are without obligation and are valid for 30 days following issue. Any agreement between A Talent House®  and the customer can only be concluded after A Talent House®  has accepted and/or confirmed the order or instructions issued by the customer and any other special agreements in writing, either via the A Talent House®  website, and/or A Talent House®  has commenced delivery of the products. 

3.2 In the event of any discrepancies between the order placed by the customer or the instructions issued by the customer and A Talent House®  written e-mail confirmation, only confirmation by A Talent House®  shall be deemed binding. 

3.3 A Talent House®  is authorised to suspend the agreement with its customers in part or in full if A Talent House®  has valid and reasonable grounds for doing so on the basis of the customer's financial situation, without prejudicing A Talent House's right to damages if there are sufficient grounds for doing so. The customer shall not be entitled to claim damages. 

COMMUNICATION

4.1 A Talent House® assumes no liability for the incorrect and/or delayed processing of customer order details and notifications resulting from the use of the Internet or any other communication tool between the customer and A Talent House® and/or between A Talent House® and third parties, insofar as pertaining to the relationship between A Talent House® and the customer. 

DELIVERY TIMES

5.1 Although Talent House® shall endeavour to honour the specified delivery dates, the specified dates do not constitute firm dates, unless agreed upon in writing. Orders placed via Talent House's online domains are subject to a maximum delivery period of 30 days, unless otherwise agreed upon in writing. If the delivery date is not feasible, the customer will be notified accordingly as soon as possible, and offered the opportunity to dissolve the agreement. Any payments made will be refunded within 14 days of the agreement being dissolved, and sent to an account specified by the customer. 

5.2 The customer shall not be entitled to any compensation if the delivery time is exceeded. 

RETURNING GOODS

6.1 Orders placed via Talent House's online domains are subject to a 14-day cooling off period following receipt of the delivered products, unless otherwise provided for. The customer is entitled to return the ordered product without stating grounds, provided the following conditions have been met: 

a. The delivered product has not been damaged and/or installed or fitted.

b. The delivered product has not been used and is returned in a sellable condition.

c. Special products made to order are considered custom-made and can therefore not be returned.

d. Any services, which Talent House® has commenced with the customer's approval before the end of the cooling-off period, cannot be cancelled. 

6.2 All costs incurred in returning the receiving goods shall be borne by the customer. All costs passed on to Talent House® as a result of online payments made by the customer for returning the product(s) shall also be borne by the customer. 

6.3 The order will be cancelled following receipt of the returned product(s). Any payments made to date will be refunded within 30 days of the agreement being dissolved, and sent to an account specified by the customer. 

6.4 Talent House® must be notified in writing of any order cancellations.

COLLECTION, TRANSPORT

7.1 A Talent House® reserves the right to select a preferred transport method, unless otherwise agreed upon or unless the customer wishes to collect (have collected) the products from the A Talent House warehouse. 

PRICE

9.1 Unless explicitly agreed upon otherwise, the "ex warehouse" prices charged by A Talent House® are in Euros.

PAYMENT

10.1 Unless otherwise agreed upon, the customer shall settle the agreed invoice amount prior to delivery, without being entitled to any discounts or to invoke the right of setoff and/or any other deduction, unless explicitly agreed upon otherwise. 

10.2 Should the customer after the end of the credit period fail to settle the agreed invoiced amount in full, the customer shall be considered to be in default of payment, without any notice of default being required. 

10.3 During the default period as referred to in the above paragraph, the customer will be charged interest on the outstanding amount, equal to the prevailing interest rate plus 1.5%. 

10.4 All judicial and extra judicial costs incurred in collecting the money owed by the customer, including the costs of legal assistance, shall be borne by the customer. The extra judicial costs are at least 15% of the invoice amount. 

10.5 All payments made by the customer shall firstly serve to settle all interest and costs owed, and secondly to settle all longest outstanding invoices, irrespective of whether the customer specified that the payment relates to a later invoice. Invoices with the same date will be paid proportionally. 

RETENTION OF TITLE

11.1 KA Talent House® retains title to all the goods delivered by him until such time that the customer has settled his payment obligations in full regarding those goods, any work carried out (to such goods), and any claims arising from his failure to perform an obligation under the agreement. Until such time that all the payments have been made, the customer solely reserves the right to dispose of the goods for personal use. Under no circumstances is the customer entitled to encumber, sell or in any other way make the goods available to third parties. 

11.2 The customer shall respect the intellectual property rights pertaining to the products delivered by A Talent House® in full and unconditionally. A Talent House® cannot guarantee that the products delivered to the customer do not infringe any (unwritten) intellectual and or industrial property of third parties. 

11.3 A Talent House® is irrevocably authorised, without giving notice, to remove or have removed the goods delivered to the customer yet which are the property of A Talent House® in the following instances: a. The customer is more than 2 months in default by operation of law; b. The customer requests suspension of payment and/or has filed for bankruptcy; c. The customer's assets are seized; 

11.4 In the event of removal of said goods, the customer's account will be credited with the purchase price of the goods delivered by A Talent House®, following deduction of 25% for costs and damage, without prejudicing further rights to compensation. 

QUALITY AND GUARANTEE

12.1 The customer must notify A Talent House® in writing within 8 days of the goods being delivered of any claims for compensation relating to the delivered products. 

12.2 A Talent House® guarantees and vouches for the accepted quality requirements of the delivered goods, subject to normal use. A Talent House® can only guarantee the specific quality requirements or quality standards of the delivered goods, insofar as these requirements and standards have been expressly agreed upon. Under no circumstances can A Talent House®, including when delivering a sample of the product, guarantee that the delivered good is suitable for the purpose for which the customer wishes to use, dispose of or process the delivered goods. A Talent House® assumes no liability whatsoever for any advice, information, calculations or other instructions provided or issued by or on behalf of A Talent House®, relating to the delivered goods. 

12.3 Insofar as the customer has a substantiated complaint relating to the quality requirements or quality standards, A Talent House®, at his discretion, shall repair or replace the delivered product with a similar product. 

12.4 A Talent House® assumes no liability whatsoever, other than the liability as referred to in the above paragraph, for any damage to the goods delivered to the customer, insofar as these are consistent with any mandatory legal provisions. Any liability arising from a wrongful or unlawful act on the part of A Talent House® or his (supervisory) subordinates, A Talent House's liability in the event of death or bodily injury is limited to a maximum of € 50.000,00.

12.5 With regard to goods sourced from third parties, if so agreed upon,A Talent House's liability is limited to the third party's liability and to the extent to which A Talent House® expressly acknowledges his liability. This provision shall only take effect if it is considered to work more in the customer's favour than the provisions of the previous paragraph.

NON-ATTRIBUTABLE SHORTCOMINGS

13.1 A Talent House® reserves the right, at his discretion, to declare the agreement with the customer dissolved, and to notify the customer accordingly in writing, and/or to suspend the agreement, without the customer being entitled to any compensation, if the performance of the agreement is impeded or hindered as a result of Force Majuro. The term Force Majuro is understood to mean: 

a. Interruption of operations or breakdown of whatever nature, including any circumstances which in all reasonableness cannot be attributed or imputed to A Talent House®;

b. Delayed or late delivery of A Talent Hous.

c. Transport difficulties or interruptions of whatever nature, hindering or impeding transport from or to A Talent House's location, insofar as these difficulties or interruptions cannot be attributed or imputed to A Talent House® according to common opinion.

EXCLUSION FROM OPERATION OF PRECEDENT

14.1 A Talent House's decision to permit deviations to these general terms and conditions for a longer or shorter period of time does not prejudice his right to demand direct and strict compliance with these terms and conditions. Under no circumstances is the customer entitled to enforce any right resulting from A Talent House's decision to adopt a flexible approach to these terms and conditions.

RENTAL TOOLS & EQUIPMENT

15.1 This tools & equipment general terms of use and agreement is made and entered by and between A Talent House® ( the " Lessor " ) and the member/booker/applicant/customer/user ( the " Lessee " ); collectively referred to as "Parties".

The Parties agree as follows: 

15.2 EQUIPMENT

The lessor hereby rents one of more the following equipment to the lessee, who must adhere to terms and conditions within this agreement:

List of equipment & value (ex. VAT)* :

EQUIPMENT DESCRIPTION                                         QUANTITY                 PRICE PER UNIT             SUBTOTAL

-Camera Sony Alfa 6500 with Lens 16-70mm f/40.0 zeiss                 1                                   € 2500.00                           € 2500.00          

T*ZA - OSS objective

-Godox MS300 - D Monolight Kit 3 lights + Umbrella                      1                                   € 500.00                             € 500.00

+ 2 Softboxes

 -Backdrop Falcon eyes B8510 Background System                          1                                   € 250.00                             € 250.00      

 + Accessories 

15.3 RENTAL PERIOD:

The rental period will start from the lessee book the tools/equipment for day/period and will end on end of rental period.

15.4 RENTAL RATE: 

The lessee agrees to pay the amount listed for tools/equipment online/offline by/during booking.

15.5 ADDITIONAL CHARGES

Additional charges shall be added in the event the equipment is damaged, missing any parts, or returned later that booking time/date. The lessee shall pay to the lessors an additional amount of € 100.00/ one hundred euros per day for each day equipment has not been returned, in additional to the rental fee.  The lessee shall pay to the lessors an additional amount of the value of the equipment at the event mentioned in 15.2 for the equipment has been damaged , in additional to the rental fee.  

15.6 CARE AND OPERATION:

The equipment may only be used and operated in a careful and proper manner. Its use must comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the equipment.

15.7 DELIVERY:

The lessee [-] shall or [-] shall not be responsible for all expenses and costs: i) at the beginning of the rental period, for the delivery of the equipment from the lessor's premises to the following location: 

De Klencke 4, 1nd floor right side - 1083 HH Amsterdam

and ii) at the end of the rental period, for the delivery of the equipment from the location listed above to the Lessor's premises.

15.8 CONDITION OF EQUIPMENT:

The lessee or the lessee's agent has inspected the equipment listed in section 1 and acknowledges it is in good working condition.

15.9 MAINTENANCE, DAMAGE AND LOSS:

The lessee agrees to keep and maintain the equipment clean and in good working order during the rental term t his own expense. In the event any equipment is lost or damaged beyond repair, the lessee shall pay the lessor the replacement cost of the equipment.

15.10 INSURANCE:

The lessee is responsible to purchase insurance for the equipment with losses payable to lessor against fire, theft, collision, and other such risks as are appropriate and specified by the lessor. The lessee shall provide proof of such insurance upon the request of the lessor.

15.11 OWNERSHIP:

The Equipment is and shall remain the exclusive property of the lessor.

15.12 INDEMNIFICATION:

Expect for damage, claims or losses due to the lessor's acts or negligence, the lessee, to the extent permitted by law, will indemnify and hold the lessor and the lessor's property, free and harmless from any liability for losses, claims, injury to or death of any person, including the lessee, or for damage to property arising from the lessee using and possessing the equipment or from the acts or omission of any person or persons, including the lessee, using or possessing the Equipment with Lessee's express or implied consent. 

15.13 ENTIRE AGREEMENT:

This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, condition, understanding or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and in that event must be signed by both the lessor and lessee. 

MEMBERSHIP AGREEMNT & COLLABORATION

16.1 This Membership & Collaboration Agreement is made and entered by and between A Talent House® (hereinafter to be referred to as the “ Talent House Amsterdam”).

and the member/booker/applicant/customer/user singed up in A Talent House® website (hereinafter to be referred to as the “ member”).

As the goal of the Talent House Amsterdam is helping other entrepreneurs, startups, students, and newcomers while working and growing together, which is based on loyalty and respect for each other’s businesses, we would love to make that opportunity in our platform for the member by giving the offers below:

16.2 The member will be allowed to use the Talent House workspace (atelier/studio) for a definite period of time (a limited time) as a collaboration:

 ½ Day /A full Day /More than one day /For one month /For a period, for a subsidized entrance fee mentioned on booking list excluding 21% VAT through the platform (atelier & studio) at: A Talent House® location.

16.3 Upon expiry of the period specified in 1. (limited period of use)  the Talent House Amsterdam agreement ends at the said time, without notice being given by the Talent House Amsterdam or member.

16.4 The Talent House Amsterdam is responsible to provide services for the workspace (atelier/studio) bellow:

A. Cleaning the corridor, kitchen and WC.

B. Internet

C. Privacy Alarm system.

16.5 Talent House Amsterdam tools, services, and equipment are not included on this Talent House Amsterdam Membership Agreement – Collaboration and they are provided by an Equipment Rental Agreement.

16.6 Member will pay a deposit in the amount of €500 to the Talent House Amsterdam before or the commencement date of the using atelier /studio of Talent House Amsterdam separately by signing a contract at starting day of booking day/period if it needed.

16.7 Talent House Amsterdam reserves the right to set off expired collaboration against the deposit, as well as the cost of necessary repairs.

16.8 Fees: entrance will be paid by booking. The Cleaning cost is €30 and will be charged if member do not clean workspace before end of the project time.

16.9 Payment ( Deposit) is made by transfer to the Talent House Amsterdam bank account with account number:

NL02 TRIO 0320568415 in the name of “A Talent House”.

16.10 Members who have used the services of Talent House once before, will not pay deposit.

16.11 If member violates the provisions referred to in 1 and 2, member will forfeit an immediately payable fine to the Talent Hose Amsterdam of €25 as well as an amount of €20 for each starting hour that the violation continues. This penalty does not affect the Talent House Amsterdam to claim full compensation.

16.12 In the event the workspace /atelier /studio /tools /tables /equipment /stuff of Talent House Amsterdam is damaged, Member is liable for all damages to the the workspace /atelier /studio /tools /tables /equipment /stuff property, unless member proves that he/she and the person for whom the Talent House Amsterdam is responsible and/or liable, is not at fault regarding the occurrence of the damage.

16.13 Talent House Amsterdam is not liable for damage caused by causes beyond the Talent House Amsterdam’s control, such as, but not limited to, frost, storm, lighting, riots, armed conflicts, natural disasters, and other calamities.

16.14 Talent House Amsterdam is not liable for damage suffered by the member as a result of defects in the workspace /atelier /studio /tools /tables /equipment /stuff property, unless:

A. these defects were known to the Talent House Amsterdam at the start of the collaboration.

B. the defects are attributable to the Talent House Amsterdam on the basis of a legal obligation.

16.15 The member with a membership to Talent House Amsterdam is able to use A Talent House® online platforms (website) to get more jobs/projects and offers.

16.16 Talent House Amsterdam - by using our own network and online platform, is creating opportunities of collaborations, together on unique and paid projects with the members. Talent House Amsterdam will accept the Talent’s/freelancers fees offers to sharing his own projects as long as they’re affordable for own his customers/other Talent's, from that amount an average percentage of 15-25% depended on projects. This will be deducted for supporting the Talent House Amsterdam and its future services.

16.17 Talent House Amsterdam has the right and permissions to publish previous works, products, and services of the member on and through the Talent House Amsterdam online/offline platform such as: online shop, website, community, and network to present the member as a Talent, through the Talent House Amsterdam platform, regarding future collaborations. Both Talent House Amsterdam and the members will hold the rights of the material produced.

16.18 The member is a talented entrepreneur, maker, student, startup, newcomer and open to work on different creative and unique projects. The member is expected to not isolate themselves and help to create a friendly, respectful, and motivating environment for all of us in Talent House Amsterdam's community.

BOOKING CANCELLATION POLICY

When booking is cancelled at least 7 days before the session, 100% of the fees will be refunded. Cancellation less than 7 days of the booked session date will not be refunded. Rescheduling is possible to the next available day also less than 7 days before the previously booked session date.

DISPUTES AND APPLICABLE LAW

15.1 Any disputes arising between A Talent House® and the customer are governed solely by the laws of the Netherlands.

When booking is cancelled at least 7 days before the session, 100% of the fees will be refunded. Cancellation less than 7 days of the booked session date will not be refunded. Rescheduling is possible to the next available day also less than 7 days before the previously booked session date.

15.2 All disputes, arising from or relating to an agreement or its conclusion with a customer based in the Netherlands, shall be settled by the competent court of the place of business of A Talent House®, unless the customer, within a month of A Talent House® invoking a stipulation in writing, chooses to have the dispute settled by a court which has jurisdiction according to the law.

15.3 All disputes, arising from or relating to an agreement or its conclusion with a customer not based in the Netherlands, shall be settled by an independent third party, appointed by mutual agreement in accordance with the Arbitration Regulations of the Netherlands Arbitration Institute [Dutch: Nederlands Arbitrage Instituut]. Should the parties be unable to reach a consensus on the arbitrator, both parties will nominate an arbitrator. The appointed arbitrators will jointly settle the dispute in accordance with the Arbitration Regulations of the Netherlands Arbitration Institute [Dutch: Nederlands Arbitrage Instituut]. These general terms and delivery conditions of A Talent House® is also available on request via: 

 

Kalani Amsterdam | Talent House Amsterdam | Talent House Netherlands
Quellijnstraat 52F
1072 XT Amsterdam
The Netherlands

 

Phone: +31(0)642064915
E-mail address:  contact@atalenthouse.com

CC No. 68332459

TRADE MARK REGISTERED: 1458907

Definitios
Offers & Quotations
Communication
Delivery Times
Returning Goods
Collection & Transport
Price
Payment
Retention of Title
Quality & Guarantee
Non-Attributable
Exclusion
Rental Equipment
Logo_redesign Reza-Ashkan.png
Membership Agreement
Applicable Law
Cancellation Policy
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