Terms and Conditions
Last modified on February 1, 2025.
Article 1. General
1. These general terms and conditions (“Terms and Conditions”) are the terms and conditions under which TuttiPizza B.V., located at Magalhaesweg 8c, Venlo, provides services and enters into agreements.
2. The Terms and Conditions have been filed with the Chamber of Commerce under number 92520421.
3. The Terms apply to all quotations, agreements, and services of TuttiPizza B.V. The applicability of any terms and conditions of the Client is excluded.
4. The Terms also apply to all services that TuttiPizza B.V. outsources in whole or in part to third parties.
5. If any provision of the Terms and Conditions is declared invalid, the remaining provisions will remain in full force and effect.
6. All legal relationships between TuttiPizza B.V. and the Client are governed exclusively by Dutch law.
7. Once the Terms and Conditions have been declared legally applicable to an agreement with the Client, the Terms and Conditions shall be deemed to apply to all subsequent agreements between the parties.
Article 2. Quotation, agreement, and option
1. A quotation sent by TuttiPizza B.V. is subject to the availability of the date stated.
2. The agreement between TuttiPizza B.V. and the Client is concluded when TuttiPizza B.V. sends an order confirmation to the Client based on the accepted quotation.
3. If the quotation is based on information provided by the Client and this information is incorrect or incomplete, TuttiPizza B.V. has the right to adjust the prices, rates, and/or terms stated. The risk of ambiguities arising from verbal or written orders and communications that take place after the quotation is at the expense of the Client.
4. If the Client wishes to be certain that TuttiPizza B.V. can also execute the agreement on the desired date, it is possible to put the date on option. An option means that TuttiPizza B.V. blocks the request in its calendar. When the date becomes fully booked within the agreed time, TuttiPizza B.V. will first contact the Client to verify whether the option can be converted into an order confirmation. Placing an option is entirely without obligation; there are no costs or other obligations attached to it.
Article 3. Performance of the agreement
1. TuttiPizza B.V. will perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship on the basis of a best efforts obligation, based on the nature of the event, numbers, and circumstances specified by the Client.
2. TuttiPizza B.V. is only obliged to provide information about allergens insofar as this is required by law.
3. TuttiPizza B.V. prepares and produces food in an environment where products containing nuts, peanuts, mustard, celery, gluten, sesame, soy, and sulfites are also processed. Despite all precautions, it is possible that the catering food may contain traces of these allergens.
4. TuttiPizza B.V. may terminate the provision of catering services to one or more guests (who have been invited by the Client) at any time without notice if the guest behaves in such a way that the order and peace in the business of TuttiPizza B.V. or at the location of the event is seriously disrupted. In that case, TuttiPizza B.V. is not obliged to pay compensation to the Client.
5. TuttiPizza B.V. is not responsible and/or liable for damage, loss, or theft of any property belonging to the Client or its guest(s), unless there is evidence of intent or gross negligence.
6. TuttiPizza B.V. determines the manner in which, the means by which, and the person(s) by whom the agreement is executed. TuttiPizza B.V. will take the wishes expressed by the Client into account as much as possible.
7. TuttiPizza B.V. is free to outsource the execution of the agreement in whole or in part to third parties. The outsourcing may be subject to legal and contractual conditions of that third party. These conditions will then form an integral part of the Agreement between TuttiPizza B.V. and the Client. TuttiPizza B.V. will endeavor to inform the Client of this in a timely manner.
8. TuttiPizza B.V. may prohibit the Client from consuming food and/or drinks brought in by the Client.
9. TuttiPizza B.V. has the right to take photos (including atmospheric photos), make video recordings, and take audio recordings of an event on location. TuttiPizza B.V. may use this material. If the Client and/or their guest(s) appear in these recordings, the Client hereby grants permission for their use and publication, without claiming any compensation. If the Client and/or their guests are recognizable in photos or video footage, TuttiPizza B.V. will request permission prior to exploitation or publication.
Article 4. Client
1. The Client must provide TuttiPizza B.V. with all data and/or information that TuttiPizza B.V. indicates it needs for the correct and timely execution of the agreement.
2. The Client will designate a contact person who will act as the point of contact for TuttiPizza B.V. throughout the entire event and who can be reached (by telephone).
3. The Client shall ensure that TuttiPizza B.V. has timely and free access to the facilities necessary for the realization of an event, such as gas, water, electricity, and (dry) rooms that are suitable for TuttiPizza B.V. to work in accordance with the legal regulations in the field of hygiene, health and safety, and the environment.
4. The Client is obliged to ensure that the location of the event is easily accessible for food trucks, so that TuttiPizza B.V. can easily deliver materials, food, and drinks, as well as carry out its work. If this is not the case, this must be stated in the request and an additional charge may apply.
5. The Client and, if applicable, its guest(s) are obliged to follow the reasonable instructions of TuttiPizza B.V. staff. In addition, they are obliged to cooperate with reasonable requests from TuttiPizza B.V. in the context of safety, identification, food safety, and hygiene.
6. The Client and/or their guest(s) are not permitted to bring their own food and/or (if applicable) drinks to an event where catering is provided by TuttiPizza B.V.
7. The Client must ensure that all permits, exemptions, decisions, or other authorizations necessary for the event are obtained in a timely manner.
Article 5. Cancellation and changes to guest numbers
Cancellation:
1. The Client may cancel the agreement, provided that it pays TuttiPizza B.V. part of the price. With regard to the agreed price, if the Client cancels the agreement:
a. fourteen (14) calendar days or more prior to the (execution) date, the Client is obliged to pay 25% of the agreed price to TuttiPizza B.V.;
b. cancels more than seven (7) but less than fourteen (14) days prior to the (execution) date, the Client is obliged to pay 50% of the agreed price to TuttiPizza B.V.;
c. cancels seven (7) days or less prior to the (execution) date, the Client is obliged to pay 75% of the agreed price to TuttiPizza B.V.;
d. cancels two (2) days or less prior to the (execution) date, the Client is obliged to pay 100% of the agreed price to TuttiPizza B.V.
2. The Client is liable to third parties for the consequences of the cancellation of the agreement and indemnifies TuttiPizza B.V. against any claims from these third parties arising from this. The Client must reimburse TuttiPizza B.V. for the costs that these third parties charge TuttiPizza B.V. as a result of the cancellation.
Changes in guest numbers:
3. The total price for catering or an event is based on the number of guests specified by the Client in the quotation and/or order process. Any change in the number of guests will affect the total price of the agreement. The Client is obliged to inform TuttiPizza B.V. as soon as possible if the number of guests changes.
4. The Client shall inform TuttiPizza B.V. of the number of adults and children (including their ages) who will be present at the event.
5. Changes to the agreed number of guests are possible up to three (3) calendar days before the start of the event, with a maximum of 10% of the agreed number of guests.
6. If the Client wishes to notify a change within seven (7) days before the start of the event and/or if the change in the number of guests exceeds 10%, the parties will consult with each other. TuttiPizza B.V. will cooperate within reasonable limits to ensure that the event can still take place, albeit in a modified form.
7. If a change in the number of guests takes place in accordance with this article, TuttiPizza B.V. is entitled to adjust the total price of the agreement in all reasonableness. TuttiPizza B.V. is also entitled to charge the Client for any additional costs it incurs (with third parties).
8. If more guests show up on the day of the event than the agreed number, the associated costs will be charged extra.
9. If the number of guests is reduced, the same conditions apply as for canceling the order. (See Article 5: Cancellation, Paragraph 1:)
Article 6. Suspension and termination
1. If the Client fails to fulfill any obligation arising from an agreement with TuttiPizza B.V. in a timely manner, TuttiPizza B.V. has the right to suspend the fulfillment of all obligations towards the Client and to terminate all agreements with the Client, without the need for a notice of default or judicial intervention.
2. TuttiPizza B.V. has the right to unilaterally terminate the agreement (in whole or in part) with immediate effect and/or to suspend the performance of the agreement (in whole or in part) with immediate effect if at least one of the following events occurs:
a. a request for a provisional suspension of payments has been submitted to the Client;
b. a request for the Client to be declared bankrupt has been submitted;
c. the Client's assets have been seized;
d. the Client has been placed under guardianship or administration.
The Client is obliged to immediately notify TuttiPizza B.V. of the occurrence of any of the events referred to in sub a to d.
3. If TuttiPizza B.V. terminates the agreement, all claims that TuttiPizza B.V. has against the Client will become immediately due and payable, and TuttiPizza B.V. will retain the right to (additional) compensation.
Article 7. Prices and payment
1. Unless otherwise stated, prices quoted in an offer are exclusive of VAT, other government levies, and any costs to be incurred in connection with the agreement, such as travel and transport costs.
2. TuttiPizza B.V. is entitled to require an advance payment of 50% of the total price from the Client prior to the execution of the agreement. This advance payment may amount to the full quoted or budgeted amount.
3. Costs arising from or related to additions and changes to the agreement are at the expense of the Client.
4. If TuttiPizza B.V. agrees on a specific price with the Client when concluding the agreement, TuttiPizza B.V. is nevertheless entitled to increase the price in the event of circumstances that increase the cost price (e.g. as a result of legislative changes, government measures or changes in the prices of the necessary materials and/or raw materials), even if the price was not originally quoted subject to change.
5. If a price increase occurs within three months of the conclusion of the agreement, only the Client, if he is a consumer, may terminate the agreement by means of a written statement, regardless of the percentage of the increase, unless:
a. the price increase results from a power or obligation incumbent on TuttiPizza B.V. under the law;
or,
b. it has been stipulated that delivery will take place more than three months after the conclusion of the agreement.
6. Unless another term has been agreed, payment must be made no later than eight (8) days after the invoice date. If the Client has not paid in full within the agreed payment term, they will be in default by operation of law. If the Client is a consumer, TuttiPizza B.V. will first send a notice of default, granting the consumer a period of eight (8) days to still fulfill their obligation.
7. If the Client is in default, all judicial and extrajudicial costs incurred by TuttiPizza B.V. will be borne by the Client.
Article 8. Complaints
1. If the Client has any complaints about the quality of food and beverages, they must report this immediately after noticing any deviations. TuttiPizza B.V. must be given the opportunity to investigate the validity of the complaint and, if possible, remedy it.
2. If it is not possible to report the complaint immediately, the Client must report the complaint to TuttiPizza B.V. on the next working day.
3. The Client must always substantiate a complaint with a precise description of the deviation, as well as where, when, and how the deviation was detected.
Article 9. Ownership and rental
1. All crockery, silverware, tables, chairs, tents, heaters, linen, and other non-consumable goods provided by TuttiPizza B.V. remain the property of TuttiPizza B.V.. If any goods belonging to TuttiPizza B.V. are left behind, the Client must immediately report this to TuttiPizza B.V. and consult with TuttiPizza B.V. about how to return the goods in question.
2. If damage to or loss of these goods is caused by the Client or its guests or staff members, the Client must compensate TuttiPizza B.V. for the cost price.
3. If TuttiPizza B.V. and the Client have agreed that TuttiPizza B.V. will rent and/or allow the Client to use non-consumable goods, as described above (hereinafter: “the rented goods”), the following provisions apply:
4. The rental period commences when the Client takes delivery of the rented items and ends when they are taken back by TuttiPizza B.V.
5. The Client must ensure that an authorized person is present on the agreed delivery day to take delivery of the rented items. TuttiPizza B.V. has the right to require the person who comes to collect or take delivery of the rented items to provide proof of identity.
6. At the end of the rental period, the client shall return the rented item in the condition that TuttiPizza B.V. may expect from a well-maintained item of the type to which the rental relates, without defects, unless otherwise agreed in writing.
7. If TuttiPizza B.V. finds no one present when collecting the rented items, TuttiPizza B.V. is authorized to take the rented items with it.
8. After return, the rented items will be inspected by TuttiPizza B.V., if desired by appointment in the presence of the Client. If damage to the rented items is found during the aforementioned inspection, the Client will be notified as soon as possible.
9. The Client shall not use the rented items outside the location specified in the agreement and/or order confirmation, except with the prior written consent of TuttiPizza B.V.. Nor is the Client permitted to sublet the rented items or otherwise make them available to third parties.
10. The Client shall manage the rented items as a good tenant.
11. The Client is obliged to take as many preventive measures as possible to prevent damage and/or theft/loss, such as the (correct) use of locks, locking, storing, placing out of sight, and chaining the rented items.
12. The Client shall return the rented items to TuttiPizza B.V. in a clean, good, and immediately usable condition, except for normal wear and tear. TuttiPizza B.V. may, if necessary, charge the Client for cleaning costs.
13. The Client undertakes to make the rented items available for inspection at TuttiPizza B.V.'s first request. The Client undertakes to provide TuttiPizza B.V. with access to the rented items at all times.
14. The Client is liable for all damage suffered by TuttiPizza B.V. or its contracting third parties in connection with damage, theft, or loss of the rented items, regardless of whether the Client is at fault for the damage, theft, or loss.
15. The Client shall report damage to or loss of the rented property to TuttiPizza B.V. immediately after discovery, but no later than 24 hours after it occurred. In the event of theft/loss of the rented items, the Client is obliged to report this to a police station and to provide TuttiPizza B.V. with a copy of the police report.
Article 10. Liability and disputes
1. TuttiPizza B.V. can only be held liable for direct damage caused by an attributable failure to fulfill the obligation(s) arising from the agreement.
2. TuttiPizza B.V. is not liable for any damage in the event of force majeure. Force majeure is understood to mean, in addition to what is understood in this regard in law and case law, all external causes, foreseen or unforeseen, over which TuttiPizza B.V. has no influence, but as a result of which TuttiPizza B.V. is unable to fulfill its obligations. This includes illness, extreme weather conditions, transport problems, or breach of contract by suppliers.
3. TuttiPizza B.V.'s liability for indirect damage, including consequential damage, lost profit, lost savings, and damage due to business interruption, is excluded at all times.
4. If a Client suffers damage because the Client has provided TuttiPizza B.V. with incorrect or incomplete information—including failure to mention allergies—or has failed to fulfill its obligations under these general terms and conditions, TuttiPizza B.V. is not liable for the damage incurred.
5. TuttiPizza B.V.'s liability is at all times limited to the amount paid out under TuttiPizza B.V.'s liability insurance in the case in question.
6. If, for any reason, no payment is made under the aforementioned insurance, any liability shall be limited to the maximum amount invoiced for the work from which the damage arose.
7. The limitations of liability of TuttiPizza B.V. included in these Terms and Conditions do not apply if the damage is due to intent or gross negligence on the part of TuttiPizza B.V. and/or its subordinate(s).
8. The Client indemnifies TuttiPizza B.V. against all claims from third parties related to or arising from the legal relationship between TuttiPizza B.V. and the Client.
9. All claims of the Client expire one year after the moment they arise.
Article 11. Privacy
1. TuttiPizza B.V. processes personal data for the performance of the agreement with the Client and/or because the Client provides this data to TuttiPizza B.V. itself. In this context, TuttiPizza B.V. can be regarded as a (joint) controller within the meaning of the General Data Protection Regulation (GDPR).
2. TuttiPizza B.V. does not retain personal data longer than is (legally) necessary to achieve the purposes for which personal data is collected.
3. TuttiPizza B.V. only provides personal data to third parties if this is necessary for the execution of the agreement with the Client or to comply with a legal obligation or a legitimate interest. A processing agreement is concluded with companies that process personal data on behalf of TuttiPizza B.V. TuttiPizza B.V. remains responsible for these processing operations.
4. TuttiPizza B.V. takes the protection of personal data very seriously and takes appropriate measures to prevent misuse, loss, unauthorized access, unwanted disclosure, and unauthorized modification.
Article 12. Force majeure
1. Force majeure for TuttiPizza B.V. includes all circumstances beyond the control of TuttiPizza B.V. that prevent the normal execution of the agreement. Force majeure includes, in particular, delays resulting from (unexpected) technical defects in the power supply, baking equipment, cooling systems, etc., traffic jams, and transport difficulties. (expected) weather conditions, such as tropical days with temperatures above 30 degrees Celsius and freezing temperatures below -5 degrees Celsius. Such delays and their consequences can never be attributed to TuttiPizza B.V. and are never at its expense.
2. In the event of force majeure, the Client shall give TuttiPizza B.V. one (1) month after the agreed delivery date to fulfill its obligations, unless it is known to the parties that this is a critical date.
3. Special circumstances that cause stagnation in the preparation or shipment, whether foreseen or unforeseen, suspend TuttiPizza B.V.'s obligation to deliver for the duration of these circumstances.
4. If the order is to be carried out in premises made available by third parties, TuttiPizza B.V. shall not be liable in any way if the premises in question are not actually made available by the third parties concerned.
Article 13. Disputes
1. All agreements concluded between TuttiPizza B.V. and the Client are governed exclusively by Dutch law.
2. All disputes relating to, arising from, or connected with the quotations made by TuttiPizza B.V. and the agreements concluded with TuttiPizza B.V., as well as all collections due to non-payment, shall be brought exclusively before the court with absolute jurisdiction in the place of business of TuttiPizza B.V., unless TuttiPizza B.V. chooses to bring the claim before the court in the place of residence of the Client.
3. The parties will only appeal to the court after they have made every effort to settle a dispute in mutual consultation.