Terms and conditions Health & Cooking

The client means the party that has issued the assignment. The freelancer means the party that carries out the assignment.

2.1 All deliveries are deemed to have taken place at the location where the freelancer is established.

2.2 All payments must be made at that location.

2.3 These terms and conditions are deemed to form part of every agreement between the client and the freelancer, unless expressly deviated from in writing.

2.4 Both parties are aware of these terms and conditions when entering into the agreement.

2.5 In the event of a conflict between any general purchasing conditions used by the client and these terms of delivery, these terms of delivery shall prevail.

3.1 All quotations are without obligation, unless expressly agreed otherwise.

3.2 Where a composite price has been quoted, there is no obligation to deliver part of the assignment.

3.3 If no assignment follows a requested quotation, the costs of preparing the quotation may be charged.

3.4 Where models or copy have been provided for part of the work to be carried out or produced, the freelancer is not bound by the price quoted for the whole if it turns out that the part not shown requires proportionally more work than the part shown.

4.1 The fees of Health & Cooking are based on an hourly rate or a fixed fee per assignment, unless another form of remuneration has been agreed.

4.2 The applicable hourly rate depends largely on the type and duration of the assignment and is determined by Health & Cooking. A surcharge of 50% applies on officially recognised public holidays.

4.3 Reimbursement of travel expenses is also included in the agreement. Travel expenses are calculated between the freelancer's place of residence and the place where the assignment is carried out.

4.4 The amounts stated are always exclusive of the VAT due and exclusive of administration costs.

4.5 If the freelancer incurs costs with third parties in the context of the assignment, the client must pay these costs directly to the third parties. If payments to third parties are made through the freelancer, the freelancer is entitled to request an advance on these costs and to charge administration costs.

4.6 Invoices for the fees due and the costs incurred are issued weekly, unless agreed otherwise. For assignments completed within one week, the invoice is issued immediately after the work has been completed. In some cases, it is expressly agreed that payment is made before the assignment.

4.7 An advance on the costs and on part of the invoice amount may be agreed. In some cases, Health & Cooking determines that the invoice amount must be paid before an assignment begins. Third-party costs may be passed on immediately upon receipt.

4.8 The freelancer undertakes to account for hours and costs and can make these records available for inspection at the client's request.

4.9 The minimum engagement of the freelancer depends largely on the type of assignment, based on a minimum of six hours.

4.10 For eight hours of work, the freelancer is entitled to a one-hour break. If this break is not taken for any reason whatsoever, the freelancer is authorised to charge one additional hour.

5.1 Changes of any kind to the original assignment, made by or on behalf of the client, that result in higher costs than could be anticipated at the time of the quotation will be charged to the client as additional costs. Changes that result in a reduction of costs will be treated accordingly.

5.2 If the client requests changes after the freelancer has accepted the assignment, the client must notify the freelancer of these changes in good time and in writing. The consequences are at the client's expense.

5.3 Changes to an assignment already issued may result in the freelancer exceeding the originally agreed delivery time. In that case, article 13 applies.

6.1 With regard to the storage, processing, use and handling of items entrusted to the freelancer by or on behalf of the client, the freelancer shall exercise the same care as he exercises for his own property.

6.2 Without prejudice to the provisions of the previous paragraph and elsewhere in these terms and conditions, the client bears the risk for such items and must arrange insurance for them at its own expense.

7.1 All property of the freelancer used for carrying out an assignment remains the property of the freelancer at all times.

7.2 In the event of damage to or loss of the items made available to the client as referred to in the previous paragraph, the damage will be charged, without prejudice to the right to claim further costs and interest.

7.3 The products created remain under the copyright of Health & Cooking at all times, unless written permission for publication has been given.

The freelancer acts as an independent entrepreneur. The client has no authority whatsoever over the freelancer within the meaning of an employer-employee relationship. The freelancer carries out the work with full independence, at his own discretion and in his own way of working.

The freelancer is obliged to store carefully and keep secret all information concerning company data, the client's data files and any other confidential information that comes to his knowledge in the course of his work.

10.1 Payment must be made without deduction of any costs and, unless agreed otherwise, within 14 days of the invoice date.

10.2 Regardless of the agreed payment terms, the freelancer is entitled to require sufficient security for payment before delivery and to suspend completion of the assignment if such security cannot be provided.

10.3 If the payment term is exceeded, the client will be charged 10%, exclusive of statutory interest, with parts of months counted as full months.

10.4 Ownership of goods and rights remains with the freelancer and, insofar as stipulated, passes to the client only on the day on which the client has paid the principal sum, interest and damages owed, including those relating to previous deliveries.

10.5 For assignments with a long processing time, partial payment in advance may be agreed.

10.6 All costs, both judicial and extrajudicial, relating to the collection of amounts owed by the client and not paid on time are for the account of the client and amount to at least 10% of the amount owed.

A freelancer who has goods belonging to the client in his possession is entitled to retain these goods until all costs incurred by the freelancer in carrying out assignments for that same client have been paid, regardless of whether these assignments relate to the aforementioned goods or to other goods of the client, unless the client has provided sufficient security for those costs. The freelancer also has this right of retention if the client is declared bankrupt, in the event of the client's death, or if the client is placed under guardianship.

Each partial delivery, which includes the delivery of parts of a composite assignment, may be invoiced to the client. Article 3, paragraph 1 of these terms and conditions applies accordingly.

If progress in the execution or delivery of the work is delayed due to default by the client or force majeure on the part of the client, the freelancer may charge the full agreed amount, including the costs incurred for materials intended for this assignment, without prejudice to his right to claim further costs, damages and interest.

The agreed delivery periods are always approximate and are never to be regarded as strict deadlines, unless expressly agreed otherwise in writing.

If the client cancels the assignment in whole or in part within two days before it starts, the client is obliged to reimburse the freelancer for all costs reasonably incurred with a view to carrying out this assignment (preparation, storage, commission and the like) and, if the freelancer so wishes, to take over the materials and semi-finished products intended for carrying out this assignment at the prices set by the freelancer, all without prejudice to the freelancer's right to compensation for loss of profit and other costs, damages and interest arising from the cancellation.

Cancellation costs are structured as follows: on the day of execution 100% of the invoice price, 1 day before execution 75%, 2 days before execution 50%, 3 days before execution 25%, 4 days before execution 12.5%, 5 days before execution 10%.

16.1 Unless agreed otherwise, the client is obliged to take receipt of the completed assignment immediately upon completion.

16.2 If, as a result of default, the freelancer has to store all or part of the assignment after completion, the associated costs may be charged to the client.

17.1 Health & Cooking accepts no liability for any damage connected with an assignment issued.

17.2 Unless agreed otherwise in writing, the freelancer is entitled to replace defective work with sound work.

17.3 The freelancer is not liable for the consequences of errors in the assignment, models or materials provided by the client.

18.1 Illness or temporary or permanent incapacity for work of the freelancer releases him from the obligation to meet the agreed delivery period or delivery obligation, without the client being entitled on that account to any compensation for costs, damages or interest.

18.2 In the event of force majeure, the freelancer will notify the client without delay. After receiving this notice, the client has the right to cancel the assignment in writing within eight days, but with the obligation to accept and pay for the part of the assignment already carried out by the freelancer.

Changes in the price of materials and/or semi-finished products required for the assignment that occur after acceptance of the assignment may be passed on to the client. Price changes also include changes in wages and social security contributions.

20.1 The client shall be deemed to be in attributable default, without any further notice, if it fails to fulfil any obligation under the agreement, or fails to do so in full or on time, or in the event of bankruptcy, suspension of payments or liquidation of its business.

20.2 In the cases referred to in the previous paragraph, the freelancer has the right to dissolve the agreement in whole or in part without notice of default and/or judicial intervention, without being liable for any compensation.

21.1 The freelancer carries out the assignment as an independent entrepreneur.

21.2 All additional assessments by the Dutch Tax and Customs Administration relating to the assignment performed personally are for the account of the freelancer.

21.3 At the request of the client, the freelancer is obliged to provide a statement regarding his working relationship.

22.1 The agreement is governed in all its parts by Dutch law.

22.2 The parties designate the court that has jurisdiction in the freelancer's place of residence as the competent court.