Terms and Conditions

GENERAL
Article 1. Definitions
1.1. In these general terms and conditions, the terms used have the following meanings, unless other written or electronic agreements have been made or the context indicates otherwise:
a. general terms and conditions: these general terms and conditions;
b. CAST (in all cases of CAST, you can also read PREVIEW): the user of these general terms and conditions: The Exhibitors' Association for Accessories, Shoes, and Bags, trading under the name “C.A.S.T.”, located at Buizerdlaan 6 in Nieuwegein and registered with the Chamber of Commerce under Chamber of Commerce number 40259384;
c. exhibitor: the natural person acting in the course of his profession or business or the legal entity that has entered into an agreement with CAST or wishes to enter into an agreement with CAST;
d. exhibition accommodation: the space where the exhibition takes place, as made available by CAST;
e. accommodation lessor: the natural person or legal entity that leases the space where the exhibition is held to CAST;
f. exhibition confirmation: the written or electronic confirmation drawn up by CAST, which CAST sends following the exhibitor's acceptance of CAST's offer.;
g. registration form: the document with which the exhibitor indicates its intention to participate in the trade fair;
h. agreement: the agreement between the exhibitor and CAST;
i. trade fair: the trade fair, exhibition, event, or occasion for which the agreement has been concluded;
j. items: the items displayed by the exhibitor at the trade fair and/or services offered by the exhibitor at the trade fair;
k. stand space: the exhibition space made available to the exhibitor, expressed in square meters, the location, size, and type of which are specified by CAST;
l. participation costs: all costs owed by the exhibitor to CAST in connection with its participation in the trade fair, including costs relating to the stand space and all other costs.

Article 2. General
2.1. These general terms and conditions apply to every offer made by CAST and to every agreement between CAST and the exhibitor, insofar as the parties have not expressly deviated from these terms and conditions in writing or by email.
2.2. These general terms and conditions also apply to additional orders and follow-up orders from the exhibitor.
2.3. The applicability of any purchasing or other terms and conditions of the exhibitor is expressly rejected. 2.4. If one or more provisions of these general terms and conditions are at any time wholly or partially annulled or declared null and void by a court, this shall not affect the validity of the remaining provisions. The void or annulled provisions will be replaced by CAST, taking into account as much as possible the purpose and scope of the original provision(s).
2.5. If CAST does not always require strict compliance with these general terms and conditions, this does not mean that these general terms and conditions do not apply or that CAST loses the right to require strict compliance with these general terms and conditions in future cases, whether similar or not.
2.6. CAST has the right to amend these general terms and conditions and to declare the new general terms and conditions applicable to existing agreements. The exhibitor will be notified in writing or by email of the amended general terms and conditions and of the date on which the new general terms and conditions will take effect.
2.7. The Dutch text of these general terms and conditions is decisive.

Article 3. Offer
3.1. If an exhibitor wishes to participate in a trade fair, the exhibitor can complete the (online) registration form. CAST will then send the exhibitor an offer by email.
3.2. Before the exhibitor can submit the online registration form, the exhibitor must click to indicate that they agree to these general terms and conditions.
3.3. If the exhibitor uses a written registration form, these general terms and conditions will be provided to the exhibitor before or upon conclusion of the agreement.
3.4. All offers made by CAST are without obligation.
3.5. The information provided by the exhibitor will be used for invoicing purposes. If this information is incorrect, an administration fee of €49.99 will be charged for changing the administrative details.
3.6. CAST cannot be held to the offer if the exhibitor can reasonably understand that (part of) the offer contains an obvious mistake or clerical error.
3.7. A composite offer does not oblige CAST to perform part of the offer for a corresponding part of the stated price.
3.8. An offer does not automatically apply to future agreements.

Article 4. Conclusion of the agreement
4.1. The agreement is concluded after the exhibitor has accepted CAST's offer by email. After the agreement has been concluded, CAST will send the exhibitor a trade fair confirmation and the invoice by email. This exhibition confirmation will contain the essential details (including the size of the stand space, participation costs, location) relating to the provision of the stand space to the exhibitor. Without confirmation, there will be no participation in the exhibition.

Article 5. The agreement
5.1. The agreement stipulates that CAST, in return for payment of the participation fee, will make a specific stand space available to the exhibitor for the duration of the relevant trade fair.
5.2. In performing the agreement, CAST has the right, without notifying the exhibitor, to engage third parties, to purchase goods from third parties, to purchase services from third parties, and to have the agreement performed in whole or in part by third parties.

Article 6. Amendments
6.1. Any wishes indicated by the exhibitor on the registration form or in any other way, any changes and additions made by the exhibitor, and any other agreements that deviate from or supplement these general terms and conditions shall only form part of the agreement if these changes have been confirmed by CAST in writing or by email.

Article 7. Obligations of the exhibitor
7.1. The exhibitor shall ensure that all information that CAST indicates is necessary or that the exhibitor should reasonably understand to be necessary for the performance of the agreement is provided to CAST in a timely manner.
7.2. The exhibitor is fully responsible and liable for the fulfillment of all obligations arising from the conclusion of the agreement.
7.3. If CAST has set a deadline for the exhibitor to submit a document, the date of receipt of the document by CAST shall determine whether the response was timely.
7.4. The exhibitor is not permitted to transfer its rights and obligations arising from the agreement to a third party without the prior consent of CAST.
7.5. CAST assumes that the exhibitor will comply with all its legal obligations.
7.6. The exhibitor is obliged to inform CAST immediately of any facts and circumstances that may be relevant to the performance of the agreement.

Article 8. Dates, times, and exhibition accommodation
8.1. CAST determines the dates on which the trade fair will be held, the trade fair accommodation in which it will be held, and the times for setting up, holding the trade fair, and dismantling. Set-up must always take place before the trade fair/event starts.
8.2. CAST may change the dates, times, and/or exhibition venue set for the exhibition, or decide not to hold an exhibition. The exhibitor will be notified of any such change by email.
8.3. In the event of a change to the set dates, times, and/or exhibition venue, the agreement will remain in full force and effect.
8.4. Under no circumstances can the exhibitor claim any compensation from CAST for costs incurred or damage suffered in connection with a decision as described in paragraph 2 of this article.
8.5. Failure to appear or late arrival may result in a fine of up to €500.

Article 9. Classification
9.1. During the agreed period, the exhibitor is entitled to the stand space as determined by CAST in the exhibition confirmation. The location, surface area, and type of stand space determined by CAST are binding.
9.2. CAST is entitled at any time prior to the start of the exhibition to revise the layout of the exhibition and thereby change the stand space allocated to the exhibitor or change or regroup groups. In such a case, CAST will endeavor to offer the exhibitor a stand space of comparable size. Such a change does not entitle the exhibitor to a discount or any other form of compensation.

Article 10. Payment
10.1. Payment of the participation fees and all other payments must be made within fourteen days of the invoice date, without any discount or compensation, unless a different due date is indicated on the invoice.
10.2. The participation fees must in any case be received by CAST at least 7 days prior to the trade fair, regardless of the payment term stated on the invoice.
10.3. The exhibitor is liable for all costs owed to CAST that are in any way related to its participation, regardless of whether these costs were incurred by the exhibitor itself or by third parties acting on its behalf.
10.4. Even if a different billing address has been provided, the exhibitor remains liable to CAST for the payment of all costs related to its participation.
10.5. In the event of late payment of any amount owed to CAST, statutory commercial interest will be charged from the moment the claim becomes due and payable. Collection costs will be borne by the exhibitor, with extrajudicial collection costs set at 15% of the principal amount.
10.6. CAST is entitled to first deduct payments made in respect of participation from any outstanding claims against the exhibitor from previous participations.
10.7. If the exhibitor has not paid the participation costs or any other amount owed to CAST (in full) before the start of the construction of the exhibition, CAST is entitled, after written or verbal notification and notice of default, deny the exhibitor access to the exhibition (and its construction) and/or consider the participation agreement to be terminated with immediate effect. In such a case, the exhibitor remains obliged to pay the full participation costs, as well as all other costs owed to CAST in full, without being able to claim compensation for costs incurred and/or damage suffered in any way whatsoever in connection with the denial of access to the exhibition and/or the termination of the agreement.
10.8. Payments shall first be applied to reduce the costs, then to reduce the interest, and finally to reduce the principal.
10.9. In the event of liquidation, bankruptcy, seizure, or suspension of payments of the exhibitor, CAST's claims against the exhibitor shall become immediately due and payable.

Article 11. Cancellation
11.1. If the exhibitor cancels the agreement, cancellation costs will be charged to the exhibitor. These cancellation costs are: a. For cancellations more than 84 days before the start of the exhibition: 25% of the participation costs; b. For cancellations 84 days or less and more than 56 days before the start of the exhibition: 50% of the participation costs; c. For cancellations 56 days or less and more than 28 days before the start of the exhibition: 75% of the participation costs; d. For cancellations 28 days or less before the start of the exhibition: 100% of the participation costs.
11.2. The term “start of the exhibition” refers to the first day of construction of the exhibition.
11.3. Cancellation must be made in writing or by email.
11.4. If, after reallocation by CAST, CAST does not offer the exhibitor comparable stand space, the exhibitor has the right to cancel the participation agreement free of charge. Cancellation must be made in writing or by email within 14 working days of the date of CAST's written or electronic proposal containing the alternative stand space(s).

Article 12. Termination and suspension
12.1. CAST is entitled to suspend the fulfillment of its obligations or to terminate the agreement if: a. the exhibitor fails to fulfill its obligations under the agreement, or fails to do so fully or on time; b. upon conclusion of the agreement, the exhibitor was requested to provide security for the fulfillment of its obligations under the agreement and this security has not been provided or is insufficient; c. the exhibitor is being liquidated, the exhibitor has been granted a moratorium on payments, the exhibitor has been declared bankrupt, the Debt Rescheduling (Natural Persons) Act has been declared applicable to the exhibitor or the exhibitor has been placed under guardianship, the exhibitor loses the free disposal of its assets or income in whole or in part, the exhibitor sells its business or if the exhibitor's assets are seized and this seizure is not lifted within 3 months.
12.2. CAST is also authorized to terminate the agreement if circumstances arise that are of such a nature that fulfillment of the agreement is impossible or if other circumstances arise that are of such a nature that CAST cannot reasonably be expected to maintain the agreement unchanged.
12.3. If, at any time after the agreement has been concluded, CAST has reasonable grounds to fear that the exhibitor's participation in the trade fair may in any way cause damage to CAST, the trade fair, or other exhibitors, CAST shall be entitled to terminate the agreement with immediate effect in writing or by email. In that case, the exhibitor will remain fully liable for the full participation costs as well as any other costs incurred by or through CAST in connection with their participation at their request, without prejudice to CAST's right to claim costs, damages, and interest.
12.4. Termination on the basis of this article can never give rise to CAST reimbursing the exhibitor for any costs incurred or damage suffered.
12.5. If CAST proceeds to terminate the agreement, CAST's claims against the exhibitor will become immediately due and payable, unless this is contrary to reasonableness and fairness.
12.6. If the termination is attributable to the exhibitor or if CAST is required to suspend the performance of the agreement as referred to in this article, the exhibitor shall be obliged to compensate CAST for any direct and indirect damage and costs incurred as a result.

Article 13. Additional products and services
13.1. CAST may offer additional products and services for the exhibition, whether or not at the expense of the exhibitor. 13.2. If and insofar as applicable, CAST shall determine the manner in which publicity announcements are edited and reserves the right, if necessary, to shorten the exhibitor's details or to deviate in any other way from the exhibitor's specifications.

THE TRADE SHOW/THE EVENT
Article 14. Stand construction and layout of the stand space
14.1. The exhibitor is obliged to construct and furnish its stand (or have it constructed and furnished) during the days and times specified for this purpose, with due observance of the provisions laid down by CAST in this regard.
14.2. The exhibitor will be provided with the stand space without stand construction, furnishings, furniture, or any other (technical) facilities, unless the parties have agreed otherwise.
14.3. Changes to the stand may only be made with the approval of CAST on the construction day specified by CAST. No changes may be made to the stand on the morning prior to the exhibition.
14.4. When furnishing the stand space, the exhibitor must comply with the provisions of these general terms and conditions, other (safety) regulations issued by CAST, the regulations issued by CAST and/or the accommodation lessor, and government and fire regulations.
14.5. At CAST's request, all plans, designs, and/or models for stands must be submitted to CAST for approval no later than the time specified by CAST. Construction work may only commence after the aforementioned approval has been obtained. CAST reserves the right to refuse its approval, if necessary without giving reasons.
14.5. The height of the stand construction depends on the location. CAST will provide information about this in the exhibition confirmation.
14.6. The stand construction must be finished on both sides to its full height.
14.7. The installation of a rear wall and two side walls is mandatory, unless the exhibitor has been allocated a corner, end, or island stand. Corner, end, and island stands must be set up as such. For a corner stand, the installation of a back wall and one side wall is mandatory. For an end stand, the installation of a back wall is mandatory. For an island stand, each aisle side may be enclosed in accordance with the provisions of paragraph 8.
14.8. Each aisle side of a stand space may be enclosed for a maximum of 25%, with a maximum length of 2 meters and a maximum height of 1.5 meters.
14.9. CAST has the right to issue deviating regulations with regard to stand construction.
14.10. If, in the opinion of CAST, the layout and/or construction of the stand space is not likely to be completed in time before the end of the construction period, CAST may, at the exhibitor's expense and risk, take all measures it deems necessary.

Article 15. Items to be exhibited
15.1. The exhibitor is obliged to keep the stand space occupied with a sufficient range of articles and sufficient staff throughout the entire duration and during the opening hours of the fair.
15.2. The exhibitor is not entitled to exhibit or otherwise promote articles in the stand space other than those specified in the registration form.
15.3. If too many SKUs are presented, which detracts from the presentation, CAST Management has the right to reduce the maximum number of SKUs to a maximum of 20 per m2 of presentation space and 20 items hung on a 1.20 m wide clothes rack.
15.4. The exhibitor's goods are and remain at their own expense and risk throughout the entire period of the fair, including the set-up and dismantling periods. CAST excludes any liability for damage to, loss, or theft of the exhibitor's goods.
15.5. CAST refrains from any interference in disputes, including disputes over intellectual property rights, between exhibitors.
15.6. Without prejudice to the provisions of paragraph 4, in the interests of the success of the exhibition, the exhibitor is not entitled to exhibit articles or use a particular name or brand designation if this infringes the rights of third parties. 15.6. If CAST so requests, the exhibitor must demonstrate that it is entitled to exhibit the items in question or to use the name or brand name in question. If it appears that the exhibitor is acting in contravention of the provisions of the previous paragraph, or if the exhibitor is unable to comply with CAST's request, CAST is entitled to remove the items in question at the exhibitor's expense and risk and to take any other measures it deems necessary. In that case, the exhibitor cannot claim any compensation from CAST for costs incurred or damage suffered.
15.7. Other exhibitors cannot derive any rights from the provisions of paragraphs 4, 5, and 6 vis-à-vis CAST.

Article 16. Use of the stand space
16.1. The exhibitor is not entitled to:
a. to allow third parties to use all or part of the stand space or to use the space (or have it used) for a purpose other than that agreed by the parties;
b. use the stand space in such a way that other exhibitors or visitors suffer damage and/or nuisance in the form of noise pollution, obstruction of access or passageways, obstruction of light or view, or nuisance in any other form, all at the discretion of CAST;
c. use appliances, devices, heaters, fireplaces, and the like with open flames in or near the stand space, unless explicitly permitted or made available by CAST;
d. exhibit or offer items that are contrary to the law;
e. use or store hazardous substances and/or goods, including highly flammable substances, gases, chemical pesticides, or radioactive goods, in or near the stand space;
f. place or affix goods, furniture, signs, or advertising material in the broadest sense outside, above, or at the rear of the stand space;
g. distributing or offering flyers or other advertising material outside the stand area;
h. taking photographs, film or video recordings of objects other than those in their own stand area, which right is reserved exclusively to CAST;
i. engage in activities in or around their stand that, in the opinion of CAST, may be detrimental to the exhibition in general, such as activities that may be offensive to certain (groups of) people, activities that are contrary to the law, public order, and morality, and activities that may otherwise damage the image of the exhibition.
16.2. The exhibitor is responsible for supervising their stand space and the items present therein.
16.3. CAST has the right to refuse POS materials and have them removed from the stand itself.

Article 17. Catering
17.1. Unless otherwise agreed in writing, catering during the exhibition is exclusively reserved for CAST and/or the accommodation provider or a third party engaged by CAST.
17.2. The exhibitor is not permitted to sell or provide free refreshments and/or stimulants, unless prior written exemption has been granted by the accommodation provider or a third party engaged by CAST on terms to be agreed upon. As an exception to the above, the exhibitor is permitted to provide small refreshments (cookies/candy) to visitors to the stand area.

Article 18. Delivery and removal of goods
18.1. Exhibitors are not permitted to deliver or remove goods during the opening hours of the exhibition.
18.2. The exhibitor is responsible for the transport, arrival, and receipt of goods delivered for the purpose of his participation. CAST will not accept any goods from the exhibitor, nor is it liable in any way for such goods.

Article 19. Cleaning
19.1. The exhibitor is obliged to ensure that its stand space is kept clean during the exhibition.
19.2. CAST and/or the accommodation lessor will ensure that the other areas, such as the aisles, are kept clean.
19.3. The exhibitor must ensure that all its waste is disposed of in accordance with the regulations laid down by CAST.
19.4. CAST is entitled to charge the exhibitor for the costs of removing and disposing of waste left behind by the exhibitor.

Article 20. Demolition
20.1. The exhibitor is obliged to dismantle its stand, clear the stand space and deliver it empty and clean within the specified time limits, with due observance of the provisions laid down by CAST in this regard.
20.2. The exhibitor is obliged to restore the stand space to its original condition. Any damage to CAST's property and/or that of the accommodation lessor will be charged to the exhibitor.
20.3. Any goods left behind, including waste, will be removed at the exhibitor's expense and risk.
20.4. The provisions of this article regarding the dismantling of the stand construction do not apply if the stand construction is included in a stand construction package purchased by the exhibitor.

FINAL PROVISIONS

Article 21. Intellectual property rights
21.1. CAST is the owner of the intellectual property rights related to the trade fair, including at least the (brand) name, logo(s), and trade fair image.
21.2. CAST may grant the exhibitor the right to use the (brand) name, logo(s), and/or trade fair image for promotional purposes. In that case, the exhibitor may only use these brands and/or images in the manner in which they have been made available by CAST. The exhibitor is therefore not permitted to use the brands and/or images for purposes other than promoting the trade fair, or to alter them in any way.
21.3. In the event of a violation of the provisions of paragraph 2, the exhibitor is obliged to cease use of the trademark or image in question at CAST's first request.
21.4. The exhibitor must respect the intellectual property rights of CAST, the accommodation lessor, and the other exhibitors at all times.

Article 22. Confidentiality
22.1. Both parties are obliged to maintain confidentiality regarding all confidential information that they have obtained from each other or from other sources within the framework of their agreement. Information is considered confidential if this has been communicated by the other party or if this arises from the nature of the information. The party that receives confidential information will only use it for the purpose for which it was provided.
22.2. If CAST is required by law or court order to disclose confidential information to third parties designated by law or the competent court, and CAST cannot invoke a legal right of non-disclosure recognized or permitted by the competent court, CAST shall not be liable for damages or compensation, and the exhibitor shall not be entitled to terminate the agreement. shall not be liable for any compensation or indemnification, and the exhibitor shall not be entitled to terminate the agreement.

Article 23. Other provisions and deviations from the general terms and conditions
23.1. CAST is entitled to issue additional (safety) regulations in the interests of the smooth running of the exhibition.
23.2. The exhibitor is obliged to strictly comply with and follow the regulations referred to in paragraph 1 and all other regulations issued by the accommodation provider or CAST, as well as government regulations (including fire regulations).
23.3. In the event of a conflict between these general terms and conditions and any other regulation issued by CAST, the accommodation provider, or the government, the exhibitor must contact CAST. CAST will then determine which regulation prevails in the specific case.

Article 24. Liability and limitation period
24.1. The exhibitor guarantees CAST and the accommodation provider and remains jointly and severally liable at all times for compliance with the provisions of these general terms and conditions and all other regulations, as referred to in Article 23.
24.2. The exhibitor is liable for all direct and indirect damage suffered by CAST as a result of a shortcoming attributable to the exhibitor, including failure to comply, or improper or untimely compliance with any provision of these general terms and conditions and/or other regulations as referred to in Article 23, and is obliged to compensate CAST for such damage. The exhibitor indemnifies CAST against any claims from third parties, including the accommodation provider.
24.3. The exhibitor must take out adequate insurance in respect of its participation in the exhibition.
24.4. CAST cannot be held liable for any damage that is a direct or indirect consequence of: a. an event that is beyond its control and therefore cannot be attributed to its actions and/or omissions, as described in Article 25, among other things; b. any act or omission on the part of the exhibitor, its subordinates, or other persons employed by or on behalf of the exhibitor.
24.5. The exhibitor is responsible under all circumstances for the accuracy and completeness of the information provided by him. CAST is never liable for any damage caused (in part) by the information provided by the exhibitor being incorrect and/or incomplete. The exhibitor indemnifies CAST against all claims in this regard.
24.6. CAST is not liable for any corruption or loss of data resulting from the transmission of data using telecommunications facilities.
24.7. CAST is not liable for any damage, direct or indirect, suffered by the exhibitor, its staff or visitors, arising from the failure to comply with the provisions of these general terms and conditions and the provisions referred to in Article 23, or from late or incorrect compliance with them.
24.8. CAST can never be held liable for consequential damage. Consequential damage includes, among other things: business damage, loss of production, lost savings, loss of turnover and/or profit, damage due to delay, labor costs, data loss, physical injury, damage to reputation, and fines imposed.
24.9. CAST is not liable for any direct or indirect damage suffered by the exhibitor as a result of failure to comply with any obligation arising from an agreement concluded between the exhibitor and a third party regarding the provision of services in connection with the exhibitor's participation in the exhibition.
24.10. If CAST is liable for any damage, CAST's liability is limited to the amount paid out by CAST's insurer. If, in any case, the insurer does not pay out or the damage is not covered by the insurance, CAST's liability shall be limited to a maximum of the invoice amount of the agreement to which the liability relates.
24.11. The limitations of liability included in this article do not apply if the damage is due to intent or deliberate recklessness on the part of CAST.
24.12. Claims and other powers of the exhibitor against CAST for any reason whatsoever shall in any case lapse one year after the occurrence of an event that entitles the exhibitor to exercise these rights and/or powers against CAST.

Article 25. Force majeure
25.1. CAST cannot be obliged to fulfill the agreement in the event of force majeure. Force majeure includes: a non-attributable shortcoming on the part of a third party engaged by CAST; data loss as a result of computer failure; virus infection or computer breach by third parties; internet and power failure; disruption of email traffic; weather conditions; floods; landslides; war; threat of war; terrorism; obstructions by third parties; fire; theft; government measures.
25.2. In the event of a force majeure situation, CAST will notify the exhibitor as soon as possible.

Article 26. Applicable law and competent court
26.1. All disputes arising between CAST and an exhibitor in connection with the agreement or these general terms and conditions shall be settled in accordance with Dutch law.
26.2. All disputes concerning agreements between the exhibitor and CAST shall be submitted to the competent court in the district where CAST is located.

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