The general terms and conditions will be included with every quote and invoice. If you have a question about these terms, please don’t hesitate to contact us via: [email protected].
Article 1 – Definitions
1.1 ‘Make It Fun’, ‘Escape-Boxes’ or ‘Rent Some Fun’ refers to the company Make It Fun BV, Jonas Douchy, Zwartzustervest 39, 2800 Mechelen, Company Number 0778.493.195.
1.2 ‘Customer’ refers to any natural person or legal entity that has entered into an agreement with Make It Fun for the use of Make It Fun’s facilities.
1.3 ‘Facilities’ refers to: all services and products offered by Make It Fun such as, but not limited to; escape boxes for both rental and sale, team building activities and custom projects.
1.4 Agreement: The agreement between Make It Fun and the Customer regarding the provision of Facilities.
1.5 Start Date of Agreement: The date on which the agreement begins.
2.1 These general terms and conditions apply to every offer, quote, and Agreement between Make It Fun and the Customer to which Make It Fun has declared these general terms and conditions applicable.
2.2 Supplementary conditions concerning the specific products and/or services to be provided by Make It Fun are attached to these general terms and conditions. The supplementary conditions form part of the general terms and conditions. In case of deviation and/or contradiction between the content or purport of the general terms and conditions and the supplementary conditions, the supplementary conditions shall prevail.
3.1 Unless expressly stated otherwise, all offers and information from Make It Fun are provided without obligation and for indicative purposes only. Each order given only binds Make It Fun after receipt of the original signed Agreement or equivalent by email.
3.2 Make It Fun reserves the right to refuse, suspend or terminate the Agreement.
3.3 If the costs of the products and/or services covered by the Agreement are increased as a result of government measures, or for any other reason, Make It Fun may pass on the price difference after prior notification to the Customer.
3.4 All rates in this Agreement are exclusive of VAT. Make It Fun reserves the right to increase the prices of the various products and/or services annually, taking into account the consumer price index.
4.1 Make It Fun will execute the Agreement to the best of its insight and ability and in accordance with the requirements that can be expected of a reasonably and competently acting person. Furthermore, Make It Fun will observe the utmost discretion in all respects regarding the execution of the Agreement.
4.2 Make It Fun is not liable for any damage that the Customer may suffer directly or indirectly due to the use of the Facilities unless explicitly agreed otherwise.
4.3 The Facilities are always provided to the extent permitted by legal provisions. Make It Fun reserves the right to cease providing Facilities in certain cases (e.g., after repeated improper use by the Customer, etc.)
5.1 Make It Fun is entitled to change from time to time the way it provides the Facilities (and the Customer can receive or access the products and/or services) and/or to suspend, modify or terminate functionalities or components of products and/or services. Only in the event that such a change has a direct substantial and negative effect on the Customer’s experience, solely at Make It Fun’s discretion, Make It Fun will inform the Customer in writing by registered mail 3 months before such a substantial change is implemented. If the Customer does not agree with the announced change, either Party is entitled to terminate the Agreement in writing for this particular part within a period of 30 days after Make It Fun has informed the Customer in the aforementioned manner, effective from the day the change is implemented. Continued use of the Facilities will be considered as the Customer’s consent to the change.
6.1 The duration of the Agreement is stated in the Agreement, starting on the ‘Agreement Start Date’, unless otherwise stated in writing. Given the nature of the Facilities provided by Make It Fun, no tacit extension is possible, unless explicitly agreed otherwise between the Parties.
7.1 Payment of invoices must be made within 30 days. Any amount not paid on the due date will become immediately payable by law and, without prior notice of default, will be increased with a statutory interest of 12% per year and compensation of 15% with a minimum of 62 EUR.
7.2 The use of Make It Fun’s services implies immediate acceptance of the invoices. The Customer must dispute all invoices within 30 days of receipt.
8.1 Make It Fun retains all rights and powers based on intellectual property rights, including copyright, on all products and/or services (including custom projects), unless explicitly agreed otherwise.
8.2 Parties are obliged to maintain confidentiality of all confidential Information they have obtained from each other or from other sources in the context of the Agreement. All Information is considered confidential unless explicitly stated otherwise in writing.
8.3 If Make It Fun is required to provide confidential Information to third parties designated by law or competent court based on a legal provision or court ruling, Make It Fun is not liable to the Customer for damages or compensation due to breach of confidentiality obligation, and the Customer is not entitled to terminate the Agreement based on any damage resulting from this.
8.4 All Information, voluntarily provided or upon request by Make It Fun and its associated and cooperating companies through any means of communication, is intended solely for internal use by the Customer.
8.5 Neither the products and/or services purchased from Make It Fun nor part or all of the concluded Agreement may be resold or transferred without explicit permission from Make It Fun. In case of deviation, Make It Fun reserves the right to immediately retrieve all goods and terminate the agreement resulting in compensation. The Customer can in no case claim partial or full execution of the agreement, nor a (damage) amount.
8.6 The borrowed or rented goods remain the property of Make It Fun at all times. If third parties seize the delivered goods under retention of title or wish to establish or assert rights thereon, the Customer is obliged to immediately inform Make It Fun.
9.1 Make It Fun guarantees the proper functioning of the Facilities. In case of problems, the Customer will notify Make It Fun within 8 working days at the latest. Make It Fun will make every effort to resolve these problems – if it is unambiguously established that these result from Make It Fun’s actions. The Customer expressly waives the right to charge costs to Make It Fun if these costs are caused by abnormal use, negligence, non-compliance with usage and maintenance instructions, damage caused by third parties, or if they are not the result of Make It Fun’s actions.
9.2 Any complaints must be submitted in writing to Make It Fun within 8 days after the Facilities are put into use. Submitting a complaint does not in any way relieve the Customer of their payment obligation.
10.1 Make It Fun provides a best-efforts obligation and not a performance obligation unless explicitly agreed otherwise.
10.2 The Customer indemnifies Make It Fun against any claims, compensation, etc. from third parties regarding the use of the Facilities.
10.3 The materials used in the Facilities are always considered to leave Make It Fun’s premises in good condition and must be returned in the same, perfectly mechanical and clean condition. When required by the Agreement, the Customer is obliged to return the materials used in the Facilities in the same condition as received, i.e., well-maintained, failing which the renter will be responsible for any damage or maintenance. Rates are included in part 3 of these conditions that apply to rentals.
11.1 If the (timely) delivery of the Facilities is prevented by force majeure (such as strike, fire, …), Make It Fun has the right to adjust the Agreement to the circumstances. The Customer expressly waives any claim for compensation.
11.2 If the delivery of the Facilities is prevented or extremely burdened by force majeure or unforeseen circumstances in accordance with the application of the doctrine of unforeseeability, Make It Fun has the right to adjust the Agreement to the circumstances, or to terminate the Agreement. The Customer expressly waives any claim for compensation on their own behalf.
12.1 The nullity of one or more provisions does not imply the nullity of the Agreement.
13.1 All disputes regarding the concluded Agreement are governed by Belgian law and only the courts of Antwerp have jurisdiction to hear them.
14.1 Changes and additions to these general terms and conditions are binding for the Customer from one month after notification of the change or addition to the Customer, unless stated otherwise in writing.
15.1 The booking of the team building activity is final after the order has been confirmed by email or letter. This confirmation implies that the Customer agrees with the quote and the applicable general terms and conditions.
15.2 The final invoice is calculated based on the number of people who will be present on the day of the team event at Make It Fun. The number of participants will be reported in writing by the customer to Make It Fun no later than 14 days before the team event.
15.3 In case of a higher number of participants than previously reported, Make It Fun can add extra game sessions or teams to the quote at the current price if availability allows. If no extra game sessions or extra teams can be provided on the day of the event, the groups can also be enlarged so that they are larger than the proposed limit (depending on the activity). For each extra player, an additional charge of 30 euros (excl. VAT) per person is charged.
15.4 Make It Fun is not responsible for a lower turnout (than expected) for the team building event. If the number of players is subject to change at a late stage, the following price provisions apply:
16.1 A confirmation of the order by email is binding as a reservation for the proposed team building activity. The Customer thereby has a purchase obligation after confirmation of the reservation. Cancellation incurs costs, even when the costs for the event have not yet been invoiced.
16.2 Only cancellations via email will be considered.
16.3 The following cancellation fees will be charged, depending on the cancellation date:
16.4 For projects that take place over a longer period of time, the above terms will take into account the first date of execution of the agreement.
17.1 Participation in Make It Fun’s team events is at one’s own risk. Make It Fun applies strict rules to ensure everyone’s safety. Each Customer agrees to comply with the applicable safety regulations. The consequences of not requesting or not adhering to any safety regulations are at one’s own expense and risk.
17.2 Everyone is obliged to follow Make It Fun’s instructions at all times.
18.1 Unless agreed otherwise in writing, the Customer will be required to pay a security deposit for each rented item. The deposit amount depends on the rented item and is agreed upon with the Customer in advance. If the Customer fails to pay the deposit on time, Make It Fun can unilaterally terminate the agreement without prejudice to Make It Fun’s right to compensation. The deposit must be transferred to Make It Fun’s account no later than the day before collecting the rented item.
18.2 The deposit should not be considered by the Customer as an advance payment on the rental fee or as a buyout of any risk for damage. At the end of the agreement, however, Make It Fun has the right to offset any amounts owed by the Customer under any agreement with Make It Fun against the deposit. The deposit will be returned once it is established that the Customer has fulfilled all obligations under all agreements with Make It Fun and after the rented items have been returned without damage.
19.1 The minimum rental period is set at one day, from morning to evening. The rented items must be returned within the agreed timeframe; any late return will lead to a price increase (depending on the rented item) without prejudice to any other damages. If the Customer forgets to return the items, an additional rental period will be charged with a corresponding cost for the rented item. If Make It Fun has to collect the rented items on location due to Customer shortcomings, a travel fee of 65 euros (excl. VAT) + 0.45 euros/km will be charged on top of the mentioned additional costs.
19.2 Make It Fun reserves the right to charge fees for late cancellation of the reservation by the Customer, even when the rental fee would only be paid upon collection. The following rates apply:
20.1 The Customer takes care of the material as a prudent person. They are fully responsible for the rented material at all times, wherever it may be. The Customer declares to know and approve the goods and their accessories in the condition they are in. The Customer declares to always rent at their own risk, and the rental will never give rise to any indemnification by Make It Fun. The Customer commits to familiarize themselves with the safety instructions regarding the rented material. They declare to be competent to work with the rented material or to have it used only by competent appointees.
20.2 If upon return by the Customer within 10 working days it appears that the materials have been damaged due to abnormal or improper use, this damage will be charged according to the following rates:
20.3 For damages to the basic material causing the entire escape box to be put out of service or become unusable for rental, the Customer owes Make It Fun a fixed compensation of 4000 euros (excl. VAT).
20.4 In case of loss or unintentional late return of props, the Customer is obliged to return the props at their own expense within two weeks after the return of the rented item, along with an additional fixed compensation of 100 euros (excl. VAT) to compensate Make It Fun for the damage suffered.
20.5 In case of permanent loss of props and/or entire escape boxes, the rates in articles 20.2 and 20.3 will be applied.
21.1 Repossession by Make It Fun does not imply acceptance and does not exclude a claim for compensation. Make It Fun has a period of 5 working days after repossession, excluding Saturdays, Sundays, and holidays, to inform the Customer of its findings regarding damage. Make It Fun does this by fax or email with confirmation of receipt, in which the Customer is invited to come and assess the damage at Make It Fun’s warehouse within the same period (5 working days). If the Customer does not respond after this period, it is considered as acceptance. Make It Fun is then authorized to proceed with immediate repair or replacement and charge the costs, as well as all additional damage items to the Customer in accordance with Article 20.
22.1 Parties draw up a signed Agreement with a detailed description of the project, estimated cost, and any expected additional costs. From the signing of this custom Agreement, the customer is subject to a purchase obligation.
23.1 The Customer must pay the advances as agreed in art. 23.2 and 23.3 before Make It Fun has any obligation to deliver the phases described in the same articles. Depending on the project, different advances can be determined in consultation with the Customer.
23.2 Advances to be paid before the start of the preliminary design (start of the project):
23.3 Advances to be paid before the start of the design (actual development of the game):
23.4 Installment to be paid after testing the developed game/project (if applicable): 45% (of the amount excl. VAT)
23.5 Installment to be paid upon delivery of the project: remaining outstanding amount.
24.1 When the Customer cancels an ongoing custom project, all costs already incurred by Make It Fun (material costs and labor costs) will be charged in full to the Customer, increased by a fixed compensation of 25% of the total invoice amount (excl. VAT).
25.1 Escape-Boxes provides after-sales service in the form of follow-up during the first 6 months. During the first calendar year after purchasing the custom project, the Customer can ask Escape-Boxes to inspect the purchased item free of charge. Depending on which repairs are needed, this will be done at the Customer’s expense or fall under the warranty provision of Article 25.2.
25.2 When the Customer needs spare parts, these can be purchased at the prices below and with the following delivery times:
25.3 The Customer is obliged to bear the shipping costs, even in cases where Make It Fun provides a warranty arrangement for the spare parts due to normal wear and tear or construction defects.
25.4 Excluded from the warranty arrangement under Article 25 are always the project-specific non-standard components or components that are personalized to the customer’s needs (printed panels, printed documentation, etc.).
25.5 The Customer can choose to replace the consumables present in the custom project themselves or have them ordered at cost price through Make It Fun.
26.1 Unless explicitly included in the quote, changes and modifications to the initial design are not covered by the quote. The cost for adjustments is calculated based on material costs and work hours: 65 euros per hour (excluding VAT).
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