General terms and conditions
GENERAL
Article 1 BarberSociety B.V. and these general terms and conditions
1.1 These general terms and conditions will be used by BarberSociety B.V.. Every company that uses these terms and conditions will be consistently referred to hereinafter as a “BarberSociety BV”. BarberSociety B.V. must use these terms and conditions itself in dealings with the other party/consumer, make them available on its Website and send them free of charge at the request of an interested party. BarberSociety B.V. as referred to here is thus the ‘user’ of the general terms and conditions within the meaning of Section 231(b), Book 6 of the Dutch Civil Code. BarberSociety B.V. is never a party itself to any agreement with the other party or the user of these general terms and conditions within the meaning of the law. As such, BarberSociety B.V. is never a party to a dispute or liable towards the other party under these general terms and conditions.
1.2 BarberSociety B.V. has its registered office at Singel 274II, 1016 AC Amsterdam, the Netherlands. BarberSociety B.V. can be reached via the e-mail address info@barbersociety.com .
1.3 These general terms and conditions apply among online visitors to any website or app of the particular BarberSociety B.V. These terms and conditions also apply to visitors of any Event organised by the particular BarberSociety B.V.. Both types of visitors are covered by the definition of ‘Visitor’. The Visitor may also be the natural person and consumer who enters into a purchase contract with an BarberSociety B.V. that is governed by the rules of Book 7 of the Dutch Civil Code on consumer sales, Section 227a and b, Book 6 of the Dutch Civil Code on the formation of electronic contracts and Section 46a, Book 7 of the Dutch Civil Code on distance purchase contracts.
Article 2: Disclosure and application of these general terms and conditions
2.1 The Website of the relevant BarberSociety B.V. clearly states the address and contact details of BarberSociety B.V. that is responsible for the content of its Website.
2.2 When purchasing a product or procuring a service via a Website or app and when registering as a Visitor on the Website or via an app, the Visitor will be able to take note of the general terms and conditions before entering into an electronic contract.
PRIVACY PROVISIONS AND VISITOR REGISTRATION
Article 3 Privacy provisions
3.1 The privacy provisions in these general terms and conditions correspond to the ‘privacy policy’ as also separately applied and published on every website and app of the relevant BarberSociety B.V. The use of the personal data of the Visitor is governed by the said privacy policy’ of the relevant BarberSociety B.V..
3.2 BarberSociety B.V. processes the personal data of the Visitor in accordance with the Dutch Personal Data Protection Act (Wet bescherming persoonsgegevens), and, as per May 25, 2018, the General Data Protection Regulation (GDPR), also known as Algemene verordening gegevensbescherming (AVG), and other relevant privacy regulations. BarberSociety B.V. respects the privacy of every Visitor and ensures that the personal data of the Visitor are treated confidentially and with care.
3.3 The details of the Visitor will be saved and used by the relevant BarberSociety B.V. to ensure that the supply of Products and associated services runs as quickly and smoothly as possible and thus to perform any agreement. The Website subsequently recognises the Visitor for this purpose by means of a cookie. By accepting these general terms and conditions, the Visitor hereby gives consent for the use of cookies insofar as necessary.
3.4 The details of the Visitor to a Website will also be saved and used insofar as the Visitor has registered for a forum, the sharing of data in a social medium environment, such as Facebook or Twitter, and the sending of a newsletter. The details will also be used :a) to provide information in response to questions asked by the Visitor ;b) to send material, a Product or information requested or purchased by the Visitor ;c) to notify the Visitor about campaigns, competitions or contests ;d) to adapt the information on the Website or app for the Visitor ;e) for the administrative handling of transactions and payments ;f) for fraud and infringement prevention; and for any other statutory purpose, such as a request from the authorities or police.
3.5 The Website may use the details of the Visitor to recommend other Products to the Visitor that tie in with earlier purchases. Data about the use of the Website or app will be used by BarberSociety B.V. for the further development and improvement of the Website and app.
3.6 The Visitor must register and create an account on the Website or via the app for the purpose of the acts mentioned in Article 5.4. The Visitor’s username, password, name, address, town/city, date of birth, sex, telephone number, mobile telephone number and e-mail address may be recorded and saved by BarberSociety B.V. and used.
Article 4 Sending further information
4. The Visitor is given the opportunity on a Website or app to indicate whether BarberSociety B.V. may use his details for sending information about upcoming Events, publications, offers, campaigns and other websites. After obtaining this consent, BarberSociety B.V. may share the Visitor’s details with other companies forming part of the same group. There is also the opportunity to ask whether the Visitor wishes to receive information about third-party activities, such as sponsors of BarberSociety B.V. or its affiliated businesses. If this consent is granted, BarberSociety B.V. may share the Visitor’s details with these third parties. The Visitor may withdraw this consent at any time by sending an e-mail to info@men-society.com with the text ‘remove details’ and specifying from which lists (newsletter/Forum/etc.) he would like to be removed. BarberSociety B.V. will register the relevant personal data processing.
Article 5 Third-party services and privacy
5. If the Visitor is asked to enter details on such a third-party website, this will be done at his own risk and the privacy regulations and general terms and conditions of that third party, which will be mentioned on its website, will apply to the Visitor. Barring willful misconduct or gross negligence, BarberSociety B.V. will not be liable under any circumstances towards the Visitor for actions taken by a third party with regard to the Visitor's details or with regard to the services or products of the third party, which may or may not be delivered to the Visitor. Any purchase, delivery or order that the Visitor makes or places with a third party serves as an agreement between that third party and the Visitor, regardless of whether the Visitor accessed the third party's website via BarberSociety B.V..
5.1 BarberSociety B.V. will not be liable under any circumstances for any damage suffered by the Visitor if a third party gains unlawful access to the Visitor’s personal data despite the reasonable measures of BarberSociety B.V.. Due to the nature of internet use and the online transmission of data, BarberSociety B.V. cannot warrant a completely secure environment for the personal data to the Visitor. Any online transmission of personal data ultimately takes place at the Visitor’s own risk. If BarberSociety B.V. is at any time faced by an information leak during which third parties appropriate personal data, or the Website or app is hacked or otherwise illegally breached and personal data is appropriated as a result, it must immediately inform the Visitor thereof insofar as reasonably possible.
Article 6 Anonymised data
BarberSociety B.V. is authorised to use anonymised data of Visitors obtained via services, purchases or the Website or via the app in order to be able to give advertisers information about traffic on the Website, the use of the app and statistics. The personal data of the Visitor will not be provided in this regard. Insofar as necessary, the Visitor gives consent for this purpose by accepting these general terms and conditions.
CONDITIONS FOR VISITING EVENTS
Article 7 General
7.1 The general terms and conditions in this chapter apply to all admission tickets and accordingly form an integral part of all agreements for the sale, donation and delivery of admission tickets for Events wherever these have or will be held.
7.2 The Visitor accepts the content of these terms and conditions by acquiring and/or using an admission ticket, entering the Event venue and/or taking note of them via the Website. This also applies if an admission ticket is obtained via third parties in any way.
Article 8 Admission ticket
8.1 Admission tickets are and remain the property of BarberSociety B.V.. The admission ticket gives the holder the right to attend the Event. Access is given only to the first holder of the admission ticket scanned at the entrance of the Event. BarberSociety B.V. may presuppose that the holder of this admission ticket is also the person who has a right to it. BarberSociety B.V. is not obliged to perform any further verification of valid admission tickets. The Visitor must take responsibility for ensuring that he is and remains the holder of the admission ticket issued by BarberSociety B.V. or by an advance sales address that it has engaged.
8.2 As of the time that the admission ticket has been provided to the Visitor, the Visitor bears the risk of any loss, theft, damage or misuse of the admission ticket.
8.3 The admission ticket is only supplied once and gives access to only one person.
8.4 BarberSociety B.V. reserves the right to set a maximum on the number of admission tickets to be ordered by a Visitor, in that case the Visitor is obliged to comply with such maximum number.
Article 9 Prohibition against Resale, etc.
9.1 Admission tickets for the Event may not in any way be resold by the Visitor in the context of commercial purposes.
9.2 BarberSociety B.V. may appoint an authorized resale platform (e.g. an additional official sales channel) for tickets for the Event, which could be an online secondary ticket marketplace. Reselling tickets on any sales channels other than the ones appointed by BarberSociety B.V. is strictly forbidden. Access to the Event may be refused for a Visitor holding a ticket purchased from an unauthorized source. BarberSociety B.V. cannot be held liable nor can any damages be claimed resulting from the sale or purchase of a ticket (including the validity of a ticket) for the Event via any sales channel.
9.3 The Visitor is not allowed to make any type of advertising or any other kind of publicity relating to the event or any part of it.
9.4 The Visitor who transfers on his admission ticket to a third party for free without any commercial purpose is obliged to impose on the one to whom he transfers the admission ticket the obligations that rest on him as Visitor, as reflected in the previous BarberSociety B.V. for the compliance of this person with the same obligations.
9.5 If the Visitor does not comply with his obligations as reflected in the preceding paragraphs of this article and/or cannot guarantee them, the Visitor will forfeit to BarberSociety B.V. an immediately payable penalty of € 10,000,- per violation and € 5,000,- for each day that the violation has continued or continues, without prejudice to BarberSociety B.V. additional right to demand compliance from the Visitor and/or compensation of loss suffered or to be suffered.
9.6 Should the Visitor not comply with the provisions listed in chapter 3 of these general terms and conditions, BarberSociety B.V. is entitled to invalidate/cancel the admission tickets or refuse the Visitor (further) access to the Event without the Visitor being entitled to reimbursement of the amount that he has paid BarberSociety B.V. directly or via an advance sales address, for the admission ticket (including the service charges). The holders of any such admission tickets will be denied entry to the Event, without any right to compensation.
Article 10 Searches
10. BarberSociety B.V. is entitled to search or arrange for Visitors to the Event to be searched before entering and/or during the Event. If the Visitor refuses to be searched, he may be refused entry to the Event, without any right to a refund of the admission fee, or may be immediately removed from the Event.
Article 11 Prohibited items
11.1 At the risk of confiscation, a Visitor may not bring, either for himself or another person, or have in his possession at the Event venue, any professional photography, film, sound and/or other recording equipment of any nature, glassware, plastic bottles, beverages, food, drugs, cans, fireworks, animals, weapons and/or dangerous objects (including but not limited to spray cans or CS gas) or use such items prior to or during an Event. Confiscated items will not be returned.
11.2 Any Visitor who breaches this prohibition may moreover be refused entry or further access without any right to a refund of the admission fee, or may be removed from the Event and/or handed over to the police. Confiscated items will be destroyed.
Article 12 Refusal of entry
12. BarberSociety B.V. generally reserves the right to refuse specific people entry or further access to the Event or to remove them from the Event if it deems this necessary for maintaining public order and safety during the Event. This also applies if a Visitor wears or carries clothing, texts or signs which, in the opinion of BarberSociety B.V., may be offensive, discriminating, insulting to or cause aggression or unrest among other Visitors as well as to undressing during the Event. Even if an admission ticket is likely to be counterfeit, BarberSociety B.V. is entitled to refuse to admit the holder of this admission ticket to the event without the Visitor or this holder being able to claim any compensation for any loss that this may cause him.
Article 13 Film and video images
12. Recording the Event in a professional and/or commercial form, including photographing, filming, making sound and/or image recordings, as well as reprinting and/or copying from the programme booklet, posters and other printed materials is not permitted without the express, prior and written consent of BarberSociety B.V..
Article 14 Own risk
14. The Visitor to the Event is obliged to comply with the regulations, internal rules, any amendments thereof and the instructions of BarberSociety B.V., the operators of the Event venue, the security staff, fire brigade, police and other authorised parties. Security cameras may be present at the Event venue.
Article 15 Programme
15. BarberSociety B.V. will aim for the Event programme to be carried out in accordance with the announced schedule as far as possible. It is however not liable for deviations from this schedule and any resultant damage to Visitors and/or third parties. BarberSociety B.V. is not liable for the content of the Event programme or how it is performed, expressly including the length of the programme.
Article 16 Further rules
16. If the Visitor fails to comply with an order or breaches a rule prohibiting certain behaviour, he will be immediately removed by the security staff.
Article 17 Force majeure
17. In case of force majeure in the broadest sense, which in this regard also includes the illness and/or withdrawal of the artist(s), strikes, fire, bad weather conditions, etc., BarberSociety B.V. will be entitled to move the Event to another date or location or to cancel the Event.
Article 18 Moving or cancelling the Event
18.1 BarberSociety B.V. will not be responsible for damage arising from moving or cancelling the Event, as referred to above. If the Event is moved or cancelled, as referred to above, BarberSociety B.V. will publicize this fact as far as possible in the manner that it deems appropriate BarberSociety B.V. is only obliged in case of cancellation to refund the admission fee, but not the booking/administration costs, to the Visitor at his request.
18.2 The refund will only be made, within a reasonable period after the date of the cancelled Event, if the Visitor produces a valid admission ticket and to the original buyer of the valid admission ticket, in the manner stipulated and announced by BarberSociety B.V. (or the party that processed the ticket payment) by means of channels that it will announce.
Article 19 Image and sound recordings
19.1 BarberSociety B.V. is authorised to make or arrange for image and/or sound recordings to be made of the Event and the Visitors to the Event and to reproduce and/or publicise or arrange for the publication of these recordings in any form and in any manner. By obtaining an admission ticket to the Event and/or entering the Event venue, the Visitor unconditionally consents to the aforementioned recordings being made and to the processing, publication and use thereof, in the broadest sense, without BarberSociety B.V. or any of its affiliated companies being liable to pay any compensation to him at any time.
19.2 The Visitor hereby irrevocably renounces any interest that he could have in the aforementioned recordings. Insofar as the Visitor has any copyright, neighbouring rights and/or portrait rights to the aforementioned recordings, he hereby unreservedly assigns these rights to BarberSociety B.V. and hereby irrevocably renounces his personality rights and/or will not invoke these rights.
20 Festival
All terms and conditions of this chapter expressly also apply to a festival organised by or on behalf of a BarberSociety B.V.. A festival may be an Event organised for a single day or several days, with or without camping facilities.
CONDITIONS FOR SERVICES OR PRODUCTS TO BE SUPPLIED BY THIRD PARTIES
Article 20 Third-party terms and conditions and agreements
20.1 The Visitor is linked in some cases via the Website to the website of a third party if this third party is responsible for performing a specific service or supplying a certain Product. The Visitor can see from the ‘current page’ status on his screen whether he is linked through to a third-party website. This is also visible when the Visitor enters into any distance purchase contract with this third party.
20.2 If the Visitor proceeds to purchase a product or service from this third party, any general terms and conditions of that party will be applicable thereto and the Visitor will enter into a purchase contract with this party. This third party is then liable for the fulfilment of any obligation towards the Visitor.
20.3 Although BarberSociety B.V. chooses all third parties concerned with care, it is not a party to any agreement between the Visitor and this third party. The Visitor indemnifies BarberSociety B.V. against any claim for costs or damage that may arise from an agreement with this third party. Any applicable general terms and conditions of the third party may always be requested on the website of this third party.
Article 21 Payment of e-tickets
If the Visitor purchases an e-ticket for an Event of BarberSociety B.V., the payment for this Product will usually be handled for BarberSociety B.V. by a third party. This third party will normally use its own general terms and conditions in relation to the Visitor as the purchaser of the admission ticket. The general payment conditions of the relevant third-party as well as these general terms and conditions of BarberSociety B.V. will apply to an e-ticket.
Article 22 Trips, transport and airline tickets
22.1 The Visitor may be offered trips for booking tickets for domestic and foreign events via the Website, which will be booked and handled by the third party. When purchasing such a trip, the Visitor enters into a transport agreement with this third party. Although BarberSociety B.V. chooses these providers with care, it is not a party to any agreement between the Visitor and this third party.
22.2 The Visitor indemnifies BarberSociety B.V. against any claim for costs or damage that may arise from an agreement between himself and this third party. Any applicable general terms and conditions of the third party may always be requested on the website of this third party.
Article 23 Offers made by standholders at an Event
The Visitor to an Event of BarberSociety B.V. may be offered products or services at that Event by third parties/standholders, such as food or beverages, merchandise items or other products such as sunglasses or clothing, or by providers of fairground attractions. Although BarberSociety B.V. chooses these standholders with care, it is not a party to any agreement between the Visitor and this third party. BarberSociety B.V. which organises the Event will not be liable under any circumstances for any damage arising from the purchase or procurement of a product or service by the Visitor, including a fairground ride of this third party. The Visitor indemnifies BarberSociety B.V. against any claim for costs or damage that may arise from an agreement between himself and this third party. Any applicable general terms and conditions of the third party may always be requested from this third party.
FINAL PROVISIONS
Article 24 Further user rules
24.1 Visitors of the Website are at all times obliged to comply with the regulations, any amendment of the regulations and any instructions and user rules of BarberSociety B.V. as published on the Website.
24.2 Insofar as the Visitor of the Website does not comply, does not comply fully and/or does not comply on time with the user rules, BarberSociety B.V may, depending on the specific circumstances, suspend its obligations, terminate the agreement without being liable to pay any compensation, or claim specific performance.
Article 25 Information on the Website
Although BarberSociety B.V. pays great care and attention to the provision of information on the Website, it cannot give any guarantee in relation to the nature and content of the information and is in no way liable for the content and consequences of using that information. Insofar as there are links on the Website to offers, Products, material or the website of a third party, BarberSociety B.V. is neither responsible nor liable for the functioning of that link, the access to or content of the information of such a website.
Article 26 Force majeure
Notwithstanding its possible other rights, BarberSociety B.V. is entitled in case of force majeure to postpone the performance of any agreement or to terminate it out of court, without being liable to pay any compensation. Force majeure includes any breach that cannot be attributed to BarberSociety B.V., because it is not accountable by law, a legal act or according to generally accepted standards.
Article 27 Liability for information
27.1 BarberSociety B.V. will not be responsible under any circumstances towards the Visitor or third parties for errors, limited information or details on any Website except in case of intent or willful recklessness towards the Visitor. BarberSociety B.V., its affiliated businesses or third parties involved in the performance of any service or agreement will not be liable under any circumstances for damage, costs, lost profits, losses, consequential damage, loss of privacy or loss of data for any direct or indirect use or functioning of the Website.
27.2 BarberSociety B.V. expressly does not warrant the Visitor that the Website, parts there of or functions pertaining thereto will always function flawlessly, function according to the description or be available for use. On account of the internet connection, the resultant link to many unknown third-party internet users and possible attacks by hackers or others, BarberSociety B.V. can likewise not warrant that the Website or the server that it uses will always be free of viruses, bugs or other faults or defects. The Visitor should also take reasonable measures himself to ensure that his computer is protected against viruses and the like.
27.3 BarberSociety B.V. will not be liable under any circumstances for the Visitor following any link or hyperlink to a third-party website or for the Visitor entering into any agreement with this third party. BarberSociety B.V. will likewise not be liable under any circumstances for the messages posted by others on any forum or via any social medium that cause material or immaterial damage to the Visitor in any way.
Article 28 Intellectual property rights
28.1 Everything that is published on the Website or which belongs to the Website, including pictures, files, artists’ names, label names, video’s, software, designs, drawings, logos and trademarks forms part of the intellectual property of BarberSociety B.V. or any licensor thereof by law or on the basis of an agreement.
28.2 The Visitor must recognize these intellectual property rights at all times and observe and comply with all restrictions placed on the use of protected works by law. The downloading, streaming and other use of Products and files is governed by the user rules that are included in these terms and conditions. The Visitor is obliged to comply with these user rules at all times. These user rules are based, among other things, on the current wording of the Dutch Copyright Act and only constitute a short summary to indicate the instructions and prohibitions applicable to the Visitor under the Act.
28.3 The provisions of the Dutch Copyright Act and other intellectual property laws apply fully at all times to any use and take precedence over these user rules:
a) the Visitor may only make normal private use of a Product after he has paid for it in the normal way indicated on the Website. Any act of the Visitor which circumvents, changes or otherwise avoids the method of payment is prohibited. The Visitor may not otherwise reproduce, alter, upload, play in public, display, make available to third parties, perform, sell, resell, misuse, etc. a Download or any other material from the Website as all these acts are reserved for the entitled parties. The Visitor may not adjust, circumvent, decrypt, encrypt or disrupt any software, files or payment procedures;
b) the Visitor is allowed to make normal use of any Product file that he has lawfully purchased, according to the procedures indicated on the Website. It is permissible to make a private copy, burn a CD or create a copy on another computer of music and other files that have been downloaded and purchased according to the rules, but only for personal and non-commercial use. Making copies available to third parties is not allowed under any circumstances;
c) the security method as applied to software also explicitly belongs to the protected portions of the Website;
d) the delivery of any file purchased by the Visitor does not entail any assignment or licensing of a right to the Visitor to promote or exploit that file;
28.4 If it is established that a Visitor has breached the statutory rules, BarberSociety B.V. is within its rights to inform the entitled party hereof, which can then institute legal action against the Visitor.
Article 29 Replacement clauseIf
If and insofar as any provision of these terms and conditions is inconsistent with any statutory rule, this will not affect the other provisions of these terms and conditions. The provision in question will cease to exist and be replaced by a provision that approximates the original one as closely as possible as regards content and nature and which is permitted by law.