I. GENERAL PROVISIONS
Article 1 - Definitions
In these General Terms and Conditions:
Consumer: the client who acts as a private individual or in the exercise of a profession or business;
Craftsman: contractor who carries out commercial construction work and offers products and/or services remotely;
Products: products that are offered at a distance;
Construction work: work in the context of construction works with the associated resources and materials;
Work: the total of the construction work agreed between the consumer and the professional and the materials and services supplied by the professional;
More and less work: additions to or reductions in the agreed work desired by the consumer, which lead to additional payment above or below the agreed price;
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Right of withdrawal: the option for the customer to cancel the distance contract within the cooling-off period;
Agreement: the agreement between professional and consumer that is concluded in the context of construction work and the work that is carried out in connection with this, including materials and resources;
Distance contract: the agreement concluded between the professional and the consumer in the context of an organized system for the sale of products and/or services at a distance, without the simultaneous physical presence of the company and the consumer and whereby, up to and including the moment on which the agreement is concluded, only one or more techniques for distance communication is used;
Article 2 – Identity
Master Kunstweg 53, 7671 ED Vriezenveen
Phone number: +31 6 266 623 55
E-mail address: firstname.lastname@example.org
Chamber of Commerce: 08171855
VAT identification number: NL 00015.82.116.B.47
Article 3 – Scope
- These General Terms and Conditions apply to every offer and agreement between the consumer and the professional.
- Construction work, the work, resources and materials related to this work are not covered by 'distance contract/purchase'
- The present terms and conditions also apply to all orders with consumers, for the execution of which third parties must be involved.
- Before the agreement is concluded, the text of these general terms and conditions is made available to the customer. If this is not reasonably possible, before the agreement is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the customer.
- If the agreement is concluded electronically, notwithstanding the previous paragraph and before the agreement is concluded, the text of these general terms and conditions can be made available to the customer electronically in such a way that it can be easily read by the customer. are stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the customer electronically or otherwise.
Article 4 - The offer
- If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- Each offer contains such information that is clear to the consumer what rights and obligations are attached. To the acceptance of the offer
Article 5 - Offers
- Quotations from the contractor are based on the information provided by the client. The client guarantees that to the best of its knowledge it has provided all essential information for the design, execution and completion of the (construction) work.
- The offers made by the contractor are without obligation. The offers are valid for 30 days, unless stated otherwise. Craftsman is only bound by the quotations if the acceptance thereof is confirmed in writing by the consumer within 30 days or if an electronic acceptance is confirmed in the same way by the professional unless otherwise indicated.
- The prices in the quotes mentioned include VAT and other government levies, as well as any costs to be incurred in the context of the assignment, including shipping and administration costs, unless indicated otherwise.
- If the acceptance (on minor points) deviates from the offer included in the quotation, the professional is not bound by it. The order will then not be concluded in accordance with this deviating acceptance, unless the professional indicates otherwise.
- A composite quotation does not oblige the professional to perform part of the assignment for a corresponding part of the stated price.
- Quotations do not automatically apply to future assignments.
Article 6 – Construction and work agreement
- The professional ensures that every assignment is recorded in writing in an agreement. An assignment includes a clear description of the work to be performed with:
- an indication of the time when the work can be started and an estimate of the duration of the work;
- the price of the work and the pricing methodology;
- the payment method;
- mention of the work that will not be performed by the professional himself.
- The consumer and the professional can make agreements on the basis of two pricing methods:
- A fixed price can only be deviated from in the final settlement on the basis of a provision in these General Terms and Conditions. In the case of control, the consumer and the professional agree that the costs incurred by the professional will be reimbursed; the hourly rate is determined in advance and, if possible, also the other costs; with each settlement, the professional makes a statement of the hours spent and all other costs, including the costs of materials related to the assignment. A combination of the two pricing methods (partly fixed price, partly controlled) is also possible.
- Interim changes in the material prices that arise more than three months after entering into the agreement can be passed on to the consumer by the professional.
- If the client is a consumer, all prices will be stated including VAT.
Article 7 – Agreement for products, distance purchase
- Subject to the provisions of paragraph 4, the agreement is concluded when the acceptance by the customer reaches the entrepreneur.
- If the customer has accepted the offer electronically, the entrepreneur electronically confirms receipt of the acceptance of the offer.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the customer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur can – within legal frameworks – inform himself whether the customer can meet his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons. The entrepreneur is always entitled to attach special conditions to the execution of his obligations.
Article 8 - Right of withdrawal
- When purchasing products through a 'distance contract' the consumer has the option to withdraw from the distance contract without giving reasons within a period of 14 days, calculated from the date that the purchase was concluded or from the day after receipt / delivery of the product to the consumer.
- After the applicable period (in accordance with Article 8.1) it is no longer possible to return the purchase, unless otherwise agreed with the entrepreneur.
- If the purchase is returned after the applicable period, without the consent of the entrepreneur, the return will not be accepted.
- During the cooling-off period, the consumer will handle the product and packaging with care.
- The consumer can only use his right of withdrawal if the consumer returns the product with all accessories supplied in original and undamaged condition and in original and undamaged packaging to the entrepreneur. In doing so, the consumer must observe the reasonable and clear instructions provided by the entrepreneur.
- Right of withdrawal is not possible for business customers. (B2B)
Article 9 – Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, the costs and risk of return are for his account.
- If costs are incurred for the order concerned, the customer must reimburse these costs to HoutID. This also applies to orders that have not yet been delivered to the customer.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the return or withdrawal, provided that the provisions of Article 8 have been met.
Article 10 - Exclusion of right of withdrawal
The consumer can under no circumstances make use of the right of withdrawal if products or one of the accessories supplied:
- Falling under the 'Construction work and related work agreement';
- are manufactured according to the customer's personal specifications (customization and other changes);
- have been ordered especially for the customer (size, color and additional options);
- have a personal character;
- be of a personal nature;
- cannot be returned due to their nature;
- are no longer in the original packaging;
- are returned where the original packaging is damaged;
- are no longer complete;
- are (partially) damaged during the inspection period;
- (partially) put into use.
III. IMPLEMENTATION OF THE AGREEMENT
AArticle 11 – Obligations of the professional
- The craftsman guarantees that the work is properly and properly completed in accordance with the provisions of the agreement and that it uses sound working methods.
- In the preparations and execution of the assignment, the professional will, insofar as reasonably possible, respond to and take into account the wishes of the consumer.
- When performing the work, the craftsman observes the applicable regulations and regulations, as they are or will be in force at the time the work is performed.
- The professional is obliged to point out to the consumer:
- inaccuracies in the assigned work insofar as the professional knows or should reasonably be aware of these;
- inaccuracies in the constructions and working methods required by the consumer;
- known defects in the movable or immovable property on which the work is performed;
- defects in or unsuitability of materials or aids made available by the consumer; all this to the extent that they reveal themselves to the craftsman before or during the execution of the work and the craftsman must be deemed to be an expert in the matter.
- Insofar as required for proper execution of the assignment, the professional has the right to have (parts of) the work performed by third parties. The professional will do this in consultation with the consumer. The professional undertakes to make maximum effort to ensure that the agreed obligations and quality are achieved.
Article 12 – Obligations of the consumer
- The consumer guarantees the soundness and suitability of the materials and aids made available or prescribed by him and the correctness of the information provided by him.
- The consumer must ensure that the professional can perform his work in a timely and proper manner. This also includes or unless otherwise agreed:
- The site must be accessible for materials and resources
- The surface must be completely paved and must be flat and level
- Where foundations are to be placed in the ground, the ground must be completely cleared of pavement, rubble, foundations and the like
- The entrepreneur is not liable for damage caused to cables and/or pipes in the ground;
- Resurfacing of removed paving for foundation blocks (poeren) is for own account;
- Connecting and materials to the sewerage is for your own account;
- The entrepreneur is not liable for architectural defects in the consumer's home or buildings;
- The customer is responsible for the necessary permits. Any consequences and/or liability of not having the correct permits are never for the account of the entrepreneur, but at all times for the account of the customer;
- Additional work that proves necessary will be charged to the consumer;
- The consumer himself bears the risk and any liability for the work performed by third parties insofar as he himself has entered into an agreement with the consumer.
- If the consumer does not, not timely or not properly comply with one or more agreements, he is obliged to compensate the reasonably related damage.
- The consumer bears the risk for damage caused by:
- inaccuracies in the assigned work;
- inaccuracies in the constructions and working methods required by the consumer;
- known defects in the movable or immovable property on which the work is performed;
- defects in or unsuitability of materials or aids made available by the consumer;
- delay in work caused by the consumer;
- late issuance of the required (building) permits. This does not affect the warning obligation of the professional on the basis of Article 11 paragraph 4.
- The consumer is obliged to ensure that he is easily accessible to the professional at all times.
Article 13 – Change of the assignment
Parties can agree additional and less work, whereby the professional ensures that the additional and less work is specifically described in writing, including the consumer's agreement.
Article 14 – Unforeseen complications
- If unforeseen complications arise, the professional will inform the consumer as soon as possible.
- If the professional cannot reach the consumer, the professional must interrupt the work, unless the unforeseen complication requires immediate action.
- The time that the professional cannot work as a result of the provisions referred to in Article 14 paragraph 2 or in Article 12 paragraph 2 will be reimbursed by the consumer to the professional.
- Any additional costs that the professional must incur in connection with an unforeseen complication that requires immediate action and that are necessary to limit the damage, will be reimbursed by the consumer, unless the damage is attributable to the professional.
Article 15 – Completion of construction work, work
- After completion of the work, the craftsman invites the consumer for delivery of the work performed. The consumer must respond to this within a reasonable period of time and can accept or refuse the work with or without reservation, indicating the defects.
- If defects are found that must be repaired by the craftsman, the craftsman will repair these defects as soon as possible, but no later than two weeks after the delivery date, unless this is impossible due to circumstances that are outside the scope of risk of the craftsman. .
- Defects must be reported and motivated on site in writing, either electronically or with a delivery document.
- If notification of defects takes longer than 7 days If this is not forthcoming, the consumer is deemed to have agreed to the delivery and the condition it is in at that time.
Article 16 - Payment conditions
- For construction work and work to be performed, 30% to 50% must be paid no later than 14 days before the planned execution of the assignment. The amount of the down payment is stated in the order confirmation. Upon delivery/completion, the remaining amount must be paid immediately, unless the client and the contractor have agreed otherwise. Objections to the amount of the invoices do not suspend the payment obligation.
- Insofar as not provided otherwise in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period if applicable, or in the absence of a cooling-off period within 14 days after the conclusion of the cooling-off period. the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
- For the sale of consumer products, the consumer must never be obliged to prepay more than 50% in general terms. When prepayment is made, the consumer can not make any right regarding the execution of the relevant order or service (s) before the prepaid payment has taken place.
- The consumer has the obligation to immediately report inaccuracies in payment details provided or stated to the professional.
- If the consumer does not meet his payment obligation(s) in time, after he has been informed by the professional of the late payment and the professional has granted the consumer a period of 14 days to still meet his payment obligations, after the If payment is not made within this 14-day period, the statutory interest will be owed on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2.500; 10% on the next € 2.500 and 5% on the next € 5.000 with a minimum of € 40, =. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.
- If payment is not made for longer than 14 days, the professional can suspend the execution of the assignment until payment has been made.
- In the event of liquidation, bankruptcy, seizure or suspension of payment of the consumer, the claims of the professional against the consumer are immediately due and payable.
- The professional has the right to have the payments made by the consumer go first of all to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the current interest. The professional can, without being in default as a result, refuse an offer of payment if the consumer indicates a different order for the attribution. The professional may refuse full repayment of the principal, if the outstanding and current interest as well as the costs are not also paid.
- In the event of non-compliance with the obligations by the consumer, all costs incurred for collection will be borne by the consumer, both judicial and extrajudicial.
Article 17 - Retention of title
- All goods delivered by the craftsman, possibly including designs, sketches, drawings, films, software, (electronic) files, etc., that are provided to the consumer remain the property of the craftsman until the consumer has fulfilled all the following obligations from all obligations with the craftsman: closed orders has been fulfilled, including final payment/remaining amount upon delivery/completion.
- The consumer is not authorized to pledge or in any other way encumber the goods subject to retention of title.
- If third parties seize the goods delivered subject to retention of title or wish to establish or enforce rights thereon, the consumer is obliged to inform the professional as soon as may reasonably be expected.
- The consumer undertakes to insure and keep insured the goods delivered subject to retention of title against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection on first request.
- Goods delivered by the professional, which are subject to retention of title pursuant to the provisions of paragraph 1. of this article, may only be resold in the context of normal business operations and may never be used as a means of payment.
- In the event that the professional wishes to exercise his property rights referred to in this article, the consumer already now gives unconditional and irrevocable permission to the professional or third parties to be designated by him to enter all those places where the properties of the professional are located and to take those things back.
Article 18 – Payment in installments
- If the parties have agreed on payment in installments, payment will be made in proportion to the progress. Payment must be made no later than 14 days after receipt of the invoice.
- If payment in installments has been agreed and the professional fails to fulfill his obligations with regard to continuation of the work, the consumer has the right to suspend payment.
- If payment in installments has been agreed and the consumer does not fulfill his obligations with regard to payment of the installments, the professional has the authority to suspend the work. Any damage resulting from this must be compensated by the consumer to the professional.
Article 19 - Cancellation
- Either party may unilaterally terminate the agreement at any time.
- Early termination must be motivated and confirmed in writing
- In the event of premature termination by the consumer, the professional is entitled to compensation for the work offered, whereby the work done up to that point, work, purchased materials and related costs is the starting amount. The provisional results of the work performed up to that point will be made available to the client subject to reservation.
- In the event of premature termination by the client, the contractor will, upon request and in consultation with the client, arrange for the transfer of work still to be performed to third parties.
- If the transfer of the work entails additional costs for the contractor, these will be charged to the client.
- Cancellation for consumers at 'agreement/distance purchase' is not possible, Articles 8, 9 and 10 apply to this.
Article 20 – Final settlement for construction work and work
- The professional will hand over the final invoice to the consumer during delivery or send it to the consumer as soon as possible after delivery.
- If the agreement is based on management (whether or not in combination with a target price), the final settlement includes a breakdown of the hours spent, materials supplied and other costs (such as tool hire, parking fees, precario, etc.).
- If the agreement is based on a fixed price, the final settlement includes a statement of the fixed price, any 'additional and/or less work' and any additional costs due to unforeseen complications.
- The final statement also contains a statement of any amounts already paid by the consumer and of the remaining balance.
- All payments must be made immediately after delivery by debit card or online via a digital payment platform, unless the parties have agreed on a different term.
Article 21 – Suspension of payment
- If the delivered work does not comply with the agreement, the consumer has the right to suspend payment, on the understanding that the amount to be suspended must be in reasonable proportion to the defect found.
- If the suspended amount is not in reasonable proportion to the defect found, the professional has the right to charge statutory interest on the excess suspended amount.
Article 22 - Warranty
- The craftsman guarantees that any defects that become apparent after delivery will be repaired free of charge for a period of one year from delivery, unless he demonstrates that the defect is not the result of the work. If the parties have agreed on a longer term, this must be stated in the agreement. The foregoing does not affect the fact that the professional can also be liable under the law for any defects in the work after that period.
- The defects as referred to in paragraph 1 are defects that could not have been recognized by the consumer before the moment of discovery and which the consumer has communicated to the professional in writing as soon as possible thereafter.
- The consumer must give the professional the opportunity to check the defects and repair them if necessary.
- If the consumer wishes that certain materials or parts are supplied by specifically named manufacturers or suppliers, the professional may require the consumer to purchase these materials or parts himself.
VI. Disputes (between a consumer acting as a private person and the professional)
Article 23 – disputes
Agreements between the entrepreneur and the customer to which these general terms and conditions apply are exclusively governed by the law of the country in which the professional is established where the purchase was made. The court in the country of purchase where the craftsman is established is competent to adjudicate on all disputes. Nevertheless, the professional has the right to submit disputes to the competent court of the defendant's domicile.
Article 24 - Force majeure
- Parties are not obliged to fulfill any obligation if they are prevented from doing so as a result of a circumstance that is not due to fault, and is not for their account under the law, a legal act or generally accepted views.
- In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard in the law and jurisprudence, all external causes, foreseen or unforeseen, over which the professional can exercise no influence, but as a result of which the professional is unable to fulfill the obligations. come. Strikes in the company of the professional, including illness and/or incapacity for work.
- The professional also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after the professional should have fulfilled his obligations.
- The parties may suspend the obligations arising from the assignment during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to dissolve the assignment, without any obligation to pay compensation to the other party.
- Insofar as the craftsman has partially fulfilled or will be able to fulfill his obligations under the order at the time of the occurrence of force majeure, and the part fulfilled or to be performed has independent value, the craftsman is entitled to fulfill or fulfill the obligations already fulfilled. will be declared separately. The consumer is obliged to pay this invoice as if it were a separate assignment.
Article 20 - Applicable law
Dutch law applies to every assignment between the contractor and the client; even if the client is resident or established abroad. Delivery and services are made in accordance with these General Terms and Conditions.