Terms & conditions.
Crafted Elements
General terms and conditions for consumers and business customers of Crafted Elements B.V.
Article 1 - Definitions
Some key terms in these terms and conditions are defined as follows:
In these terms and conditions, the following terms shall have the following meanings:
- The business
- Crafted Elements B.V. (registered with the Chamber of Commerce under number 42089994), the seller / contractor, who enters into or intends to enter into an agreement with the customer.
- The customer
- the buyer / client or the person who enters into or intends to enter into an agreement with the business.
- The consumer
- a customer who is a natural person and is not acting in the course of a profession or business.
- The business customer
- a customer acting in the course of a profession or business.
- Parties
- the business and the customer.
- The quotation
- a written invitation from the business to the customer to enter into an agreement.
- The agreement
- the multilateral legal act(s) by which the parties enter into an obligation toward one another.
- The Terms and Conditions
- these general terms and conditions of the business, which form part of the agreement.
- Contract Price
- the price the customer owes the business under the agreement.
- In writing
- by email, app, text message, mail, fax, or any other legible method of communication.
- Product
- a movable item to which the agreement relates.
- Custom-made product
- a product that is manufactured or customized according to the customer's specifications, dimensions, material choices, and preferences regarding color, design, or finish, including custom tables, nightstands, desks, and other custom furniture.
- Work
- the services to be performed by the business, including (decorative) piecework, and all other services, items, materials, and deliveries within the scope of the agreement.
- Additional Work
- additional work performed by the contractor for the customer that arises after the agreement has been concluded.
Article 2 - Scope
- These general terms and conditions apply to all agreements between the contractor and the client.
Article 3 - Applicability
- These terms and conditions apply to and form an integral part of the agreement and any subsequent agreement between the parties.
- Prior to the agreement and each time the terms and conditions are updated, the contractor shall provide the terms and conditions to the customer in such a way that the customer can review them.
- In the event of a conflict between the agreement and these terms and conditions, the agreement shall prevail, provided that such agreement has been set forth in writing.
- These general terms and conditions shall at all times prevail over any general terms and conditions that the customer may apply. To the extent necessary, the business hereby expressly rejects the applicability of the customer's general terms and conditions.
Article 4 - Quotation
- All quotations are valid for up to 14 days from the date of the quotation, unless otherwise stated in the quotation. They are based on the information and drawings provided by the customer, the dimensions derived therefrom, and any measurements taken by the contractor. The customer must inform the contractor of any facts and/or circumstances that may affect the performance of the agreement, to the extent that they are relevant to the preparation of the quotation (see also Articles 6 and 7). Designs, illustrations, drawings, specifications of dimensions and weights, and samples and models provided by the contractor are as accurate as possible.
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The quotation shall include, to the extent applicable and necessary, a description of the products to be delivered and/or the work to be performed, the total contract price or estimated price, the expected delivery time, and the method of payment. If necessary, the quotation shall also specify the price of materials, the number or price of labor hours, and the method by which the price for the work to be performed is calculated. This may involve a fixed contract price or a cost-plus arrangement.
- a. In the case of a fixed-price contract, the parties agree on a fixed amount for which the work will be performed;
- b. in the case of a cost-plus arrangement, the contractor specifies, to the extent applicable, the factors that determine the price, such as an hourly rate and the prices of necessary materials. The contractor may provide an estimated price at the customer's request. The quotation specifies, to the extent applicable, whether there are any additional costs, such as freight, delivery, payment, or shipping costs.
- The quotation shall be provided in writing, unless urgent circumstances make this impossible.
- Work not specified in the quotation is not included in the agreed-upon price. If the customer requests such work, this may result in a price increase (see also Article 8).
- Colors offered from color charts, as well as material samples, are always for illustrative purposes only. No rights may be derived from them.
- Glare, daylight, artificial light, natural pigments, and/or the application technique may affect the appearance of a finished surface (wall, floor, ceiling, furniture, etc.) or the appearance of decorative finishes (such as concrete-look or tadelakt). As a result, the color, texture, thickness, and/or surface of samples may differ in appearance, texture, and/or color from the color, texture, thickness, and/or surface of the finished surface. Therefore, no rights may be derived from comparing a sample to a finished surface or to a decorative finish. Samples are always for illustrative purposes only.
- For custom-made products, the customer is responsible for the accuracy and completeness of the specifications provided or approved by the customer, including dimensions, material choices, colors, finishes, bases, installation location, and other design choices. Production will not begin until the customer has approved the quote, drawing, description, or specification in writing and has paid any requested down payment, unless the parties agree otherwise in writing.
- The business may request a down payment. For services, a down payment of at least 10% but no more than 30% of the quoted amount may be requested. For products, including custom-made products, a down payment of 50% of the quoted amount may be requested, subject to Article 12, paragraph 2, for consumers. The customer shall pay the down payment within 14 days of being requested to do so, unless the parties agree otherwise in writing. The business shall issue an invoice for this purpose.
Article 5 - Formation of the Agreement
- By accepting the quotation (preferably in writing), the customer places an order with the business, and the agreement is formed.
- Changes to a custom-made product after the agreement has been concluded are only possible with the business's written consent. The business may pass on to the customer any related additional costs, costs already incurred, purchased materials, extra labor, and any delay in the delivery time.
Article 6 - Obligations of the Contractor
- The business shall deliver the products in good condition, of sound quality, and as agreed in the contract. The work shall be performed properly, to a high standard, and as agreed.
- When delivering products and performing work, the contractor shall comply with the legal regulations in effect at that time.
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The contractor is obligated to inform the customer of:
- any inaccuracies in the work commissioned, such as working on an unsound surface;
- inaccuracies in the work methods requested by the customer;
- defects in the real or personal property on which the work is being performed;
- defects in or unsuitability of materials or tools provided by the customer;
- The contractor shall ensure that the work is performed by persons who are experts in the field.
Article 7 - Obligations of the Customer
- The customer shall ensure that the contractor is able to deliver the product and perform the work.
- The customer shall ensure that the contractor has timely access to the approvals required for the work (such as permits, etc.) and the information to be provided for the work.
- The customer must ensure that the contractor can properly perform the work.
- The customer must ensure that work and/or deliveries to be performed by third parties that are not part of the contractor's scope of work are carried out in such a manner and in a timely fashion that the performance of the contractor's work is not delayed as a result. If a delay does occur, the customer shall notify the contractor of this in a timely manner - that is, no later than three days after discovering the delay.
- If the commencement or progress of the work is delayed by circumstances as referred to in the preceding paragraph, the customer must compensate the contractor for the resulting damages and costs if these circumstances are attributable to the customer.
- The customer must report defects in the work to the contractor as soon as possible, preferably within three days after discovering them or after they should reasonably have been discovered, preferably in writing. Article 22 also applies to complaints and damages; the statutory rights of consumers remain unaffected.
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The customer bears the risk of damage resulting from:
- inaccuracies in the commissioned work;
- errors in the designs and methods requested by the customer;
- defects in the real or personal property on which the work is being performed;
- defects in materials or tools provided by the customer.
- Upon delivery of products, the customer shall ensure that the delivery location is easily accessible and that there is sufficient space for delivery, assembly, and installation, if assembly or installation has been agreed upon. The customer is responsible for the accuracy of the specified dimensions, accessibility through doors, stairs, elevators, and passageways, and for protecting or clearing floors, walls, and other items in advance, unless the parties agree otherwise in writing.
- If delivery, assembly, or installation cannot take place or cannot take place on time due to circumstances attributable to the customer, the resulting additional costs - including additional transportation, labor, storage, and waiting time costs - shall be borne by the customer.
Article 8 - Additional and Reduced Work
- Under the "fixed-price contract" pricing method as defined in Article 4, paragraph 2, the customer may, after the agreement has been concluded, in accordance with the pricing method and without entering into a separate agreement, commission additional or reduced work, provided that the net amount of the resulting adjustments does not exceed 10% of the price of the work.
- Additional or reduced work totaling more than 10% of the price of the work must be agreed upon in writing in advance - that is, before the start of the additional or reduced work - except in urgent circumstances.
Article 9 - Force Majeure
- If performance of the agreement is temporarily impossible due to a cause that cannot be attributed to either party, the other party shall be relieved of its obligations for that period.
- If performance of the agreement is permanently impossible, in whole or in part, for one of the parties due to a cause not attributable to it, the parties shall consult as much as reasonably possible to find an appropriate solution. If the parties are unable to reach an agreement, either party has the right to terminate the agreement in whole or in part. In that case, the customer remains obligated to pay for work already performed, products already delivered, and costs that the business has reasonably incurred prior to termination or can no longer avoid, including costs for purchased or ordered materials and custom work. No additional compensation is due due to force majeure, unless otherwise provided by law.
Article 10 - Delivery Time
- The delivery time for the performance of the work is the agreed-upon period within which the work must be completed. The delivery time is fixed unless the agreement specifies an estimated delivery time. The delivery time for products is six to eight weeks, unless otherwise stated in the quotation.
- If the estimated delivery time is not met, the business will be granted a reasonable extension to make the delivery. The duration of this extension depends on the nature of the product or the work, whether it is custom-made, dependence on suppliers, and the availability of materials. Price increases that occur during this additional period due to external circumstances beyond the contractor's control - such as strikes, transportation problems, supplier delays, shortages, or increases in material, production, or transportation costs - may be passed on to the customer to the extent that this is reasonable and legally permitted.
- If the estimated or fixed delivery time is exceeded, the business is not liable for any form of consequential damages in the case of an agreement with a business customer.
- If a product is ready for delivery but the customer postpones or prevents the delivery or acceptance, the product is deemed ready for delivery. From that moment on, the business may demand payment as if delivery had taken place and may charge reasonable storage fees. In such cases, the risk of loss, damage, or depreciation passes to the customer from the moment the product is ready for delivery, to the extent permitted by law.
- Unless otherwise agreed in writing, delivery consists solely of delivery to the agreed delivery address. Assembly, installation, relocation within the premises, or special transportation arrangements are included only if expressly stated in the quotation or agreement.
Article 11 - Payment in Installments
- The parties may agree that payment will be made in installments (in proportion to the progress of the work). In that case, payment must be made no later than two weeks after receipt of the invoice.
Article 12 - Down Payment
- Upon entering into an agreement, the business may request a down payment from the customer. For services, a down payment of at least 10% but no more than 30% of the quoted amount may be requested. For products, including custom-made products, a down payment of 50% may be requested, as provided for in Article 4, paragraph 8.
- For consumers, a deposit will only be requested if and to the extent that this is reasonable in light of the nature of the agreement, the size of the order, the custom nature of the product, and the costs to be incurred by the business in advance.
Article 13 - Payment for Products
- To the extent that a deposit is required, it must be paid in advance. The balance of the price shall be paid upon delivery, based on an invoice issued by the business, even if the contract includes services.
- The business may request a down payment. Any requested down payment will be applied toward the total price.
- The contractor who delivers in installments may request payment for the delivered portion with each partial delivery. For each partial delivery, the customer will receive a partial invoice.
Services
- When work is performed, the parties shall agree in writing that payment will be based on a final calculation, unless the parties agree otherwise.
- The contract price is based on the total scope of work. A reduction in the scope of work may therefore result in a proportionally higher rate or price.
Invoice Payment Terms
- Payment of an invoice or partial invoice must be made no later than 14 days after receipt, unless otherwise agreed. This applies to both consumers and business customers.
Late payment
- The customer must pay the amount due before the payment deadline expires. If the customer fails to pay on time, they are in default by law without the need for a notice of default. Nevertheless, after the payment deadline has expired, the business will send a payment reminder notifying the customer of their default. The business gives the customer the opportunity to pay within 14 days of receiving the payment reminder and explains the consequences of failure to do so.
- After the expiration of the period referred to in paragraph 7, the business may collect the amount due without further notice of default. All associated (collection) costs are borne by the customer. These costs are limited to a maximum of the percentage of the principal amount permitted by law and regulations.
- The business charges consumers the statutory interest rate after the expiration of the payment term, as referred to in paragraph 6, until full payment is made. For business customers, the statutory commercial interest rate is charged after the expiration of the payment term referred to in paragraph 6, until full payment is made.
- If the customer fails to make a payment as referred to in Article 11 or fails to pay within the payment period referred to in Article 13, paragraph 6, the business is entitled to suspend work, provided that it has given the customer written notice to make payment. The provision in the previous sentence does not affect the business's right to compensation for costs, damages, and interest.
Suspension of Payment Obligation
- In the event of a complaint, the customer may suspend its payment obligation only with respect to the reasonably disputed portion of the invoice and only to the extent that the complaint is sufficiently substantiated. The customer must pay the undisputed portion of the invoice within the payment term. If it subsequently turns out that the complaint was unfounded or the suspension was excessive, the customer remains obligated to pay the amount wrongfully suspended, plus interest and costs to the extent permitted by law.
- If payment in installments has been agreed upon for work only, and the contractor fails to continue the work without a justified reason, the customer may suspend payment of the relevant installment only to the extent that the failure to continue the work is attributable to the contractor. The customer must, however, pay any partial invoices sent earlier within the payment term.
- The contractor retains ownership of any materials not yet processed until the customer has fulfilled all of its payment obligations.
Article 14 - Cancellation
- If the customer cancels the agreement, the customer owes the contractor compensation for damages. This compensation is based on the damages suffered by the contractor and lost income, including costs already incurred, purchased materials, scheduled work, and loss of profit. The compensation amounts to 40% of the contract price, unless the parties have agreed otherwise in writing. The compensation amounts to 50% of the contract price if the customer cancels after being informed that the (partial) delivery can take place.
- The percentages referred to in paragraph 1 are fixed, unless the contractor can prove that its damages are greater or the customer can demonstrate that the damages are less.
- Notwithstanding paragraphs 1 and 2, in the event of cancellation of a custom-made product after written approval of the quotation, drawing, description, or specification, the customer shall in any case owe the contractor the costs already incurred, materials purchased, labor performed, and reasonable loss of profit. For agreements with consumers, this applies to the extent that it is reasonable and to the extent that the business can substantiate the damages; the consumer retains the right to demonstrate that the damages are lower.
- Cancellation must be made in writing. In the event of a verbal cancellation, the business must confirm this in writing. This does not preclude a consumer from exercising the statutory right of withdrawal under Article 15 by means of any unambiguous statement indicating that they are withdrawing from the contract.
- To the extent that the agreement is a distance contract or an off-premises contract with a consumer, the statutory right of withdrawal as set forth in Article 15 applies. The right of withdrawal is excluded only for products that are manufactured according to the consumer's specifications, that are not prefabricated, and that are manufactured based on an individual choice or decision by the consumer, or that are clearly intended for a specific person, to the extent that the law permits this exception and the consumer has been clearly informed of the absence of the right of withdrawal prior to the conclusion of the contract.
Article 15 - Right of Withdrawal for Distance Contracts with Consumers
- If a consumer enters into a distance contract with the business, the consumer generally has the right to cancel the contract within 14 days without giving any reason. A distance contract is defined as a contract concluded entirely at a distance - for example, via an online store, by telephone, or through another digital channel - without the business and the consumer meeting in person at the time the contract is concluded. The mere fact that an offer or contract is sent or accepted via email does not automatically mean that a distance contract has been concluded. For services, the withdrawal period begins on the day after the contract is concluded.
- For the delivery of products, the withdrawal period begins on the day after the consumer, or a third party designated by the consumer, receives the product. If multiple products from a single order are delivered, the period begins on the day after the last product is received.
- The consumer may exercise the right of withdrawal by sending an unambiguous statement to the business within the withdrawal period, indicating that they are withdrawing from the contract. The consumer may use the model form provided by the business for this purpose, but is not required to do so.
- After cancellation, the consumer must return the product to the business as soon as possible, but no later than 14 days after the cancellation, unless the business offers to pick up the product itself. The direct costs of return shipping are borne by the consumer, provided that the business has informed the consumer of this before the contract was concluded.
- Upon cancellation, the business shall refund all payments received from the consumer, including standard shipping costs, no later than 14 days after the consumer has notified the business of the cancellation. The business may delay the refund until it has received the product or until the consumer has provided proof of return, whichever occurs first.
- The consumer is only liable for any loss in value of the product resulting from handling the product beyond what is necessary to determine its nature, characteristics, and functioning, provided that the business clearly informed the consumer of this before the contract was concluded.
- The right of withdrawal does not apply to custom-made products that have been manufactured according to the consumer's specifications, that are not prefabricated, and that are manufactured based on an individual choice or decision by the consumer, or that are clearly intended for a specific person. If these general terms and conditions have been made available to the consumer before or at the time the contract is concluded, this paragraph informs the consumer that no right of withdrawal applies to these custom-made products. Custom-made products may include, among other things: custom tables, natural stone tables, furniture tops, bases, and other products that are manufactured or modified based on dimensions, material choices, and preferences regarding color, edges, finishes, or design specified by the consumer.
- If the consumer wishes for the business to begin performing work during the withdrawal period, this will only occur after the consumer has given explicit prior consent. If the work has been fully completed within the withdrawal period, the consumer loses the right of withdrawal to the extent permitted by law. This applies only if the consumer has declared in advance that they are aware that they will lose the right of withdrawal once the contract has been fully performed.
- If the consumer withdraws from the contract after having requested that work begin during the withdrawal period, but before the work has been fully completed, the consumer owes the business an amount proportional to the portion of the work already performed at the time of withdrawal, to the extent permitted by law and provided the consumer was informed of this in advance.
- Business customers do not have a statutory right of withdrawal. A business customer may only withdraw from or cancel a contract free of charge if the parties have expressly agreed to this in writing in advance.
Article 16 - Breach of Contract
- If one of the parties fails to fulfill an obligation under the agreement, the other party may suspend performance of the corresponding obligation. In the event of partial or improper performance, suspension is permitted only to the extent that the breach justifies it. The suspension must be effected by means of a written notice to the other party.
- If one of the parties fails to perform the agreement, the other party is entitled to terminate the agreement, unless the breach, given its minor nature, does not justify termination. Termination must be effected by means of a written notice to the other party.
Article 17 - Intellectual Property
- The contractor reserves the intellectual property rights to, among other things, any designs, images, drawings, descriptions, samples, specimens, models, estimates, and calculations provided. If the contractor requests it, the customer must return them immediately. If the contractor has any other legal rights in addition to these, it may assert them.
- The business may not remove or alter any indications of intellectual property rights on or in the work delivered or made available by the business.
- The customer may not reproduce, publish, exploit, or display any material from the contractor that is subject to intellectual property rights without the contractor's permission.
- If a customer provides its own design, the customer thereby waives any intellectual property rights that may attach to that design.
Article 18 - Retention of Title
- The business remains the owner of the sold products until the customer has paid the price (and any additional costs) in full. The customer is obligated to handle the products with care. The customer may not transfer the products to third parties, use them as collateral, pledge them, or remove them (or have them removed) from the premises where they were delivered until the amount due has been paid.
- The seller may terminate the agreement in whole or in part out of court, without notice of default, in the event of the buyer's bankruptcy, suspension of payments, or statutory debt restructuring.
Article 19 - Warranty
Warranty Provisions for Piece-Work Services
The contractor guarantees that any defects in the work discovered after completion will be remedied free of charge within the periods specified below, unless the contractor demonstrates that the defect is unrelated to the work. The contractor and the customer may deviate from the warranty provisions set forth below to the detriment of the customer. The contractor may invoke this deviation only if:
- - the contractor has agreed to this with the customer prior to the conclusion of the agreement and;
- - this agreement has been set forth in writing.
The burden of proof for the existence of this agreement rests with the contractor. The foregoing does not affect the contractor's liability for any defects in the work pursuant to the law. This liability may extend beyond the warranty periods listed below or mutually agreed upon.
Warranty for Exterior Plastering Work
- The contractor guarantees that the plasterwork applied: will remain adequately bonded to the substrate.
- The warranty is valid for a period of three years.
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The warranty does not cover:
- Substrates supplied by third parties.
- Movement originating from the substrate and/or the structure.
- The existing substrate.
- (Hairline) cracks in the plaster layer (regardless of who specified or supplied the plaster).
- Traditional or hybrid plasters that are applied, polished, and finished by hand (also known as concrete-look and/or tadelakt).
- Leaks.
- Rising damp.
- Other defects that may affect the contractor's finish but are not immediately visible.
- The maintenance and usage recommendations provided by the contractor.
Warranty for Interior Plastering Work
- The contractor guarantees that the plasterwork applied: will remain adequately bonded to the substrate.
- The warranty is valid for a period of three years.
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The warranty does not cover:
- Substrates supplied by third parties.
- Movement originating from the substrate and/or the structure.
- The existing substrate.
- (Hairline) cracks in the plaster layer (regardless of who specified or supplied the plaster).
- Traditional or hybrid plasters that are applied, polished, and finished by hand (also known as concrete-look and/or tadelakt).
- Leaks.
- Rising damp.
- Other defects that may affect the contractor's finish but are not immediately visible.
- The maintenance and usage recommendations provided by the contractor.
Warranty Provisions for Floors
- All finishes are applied to follow the subfloor, unless otherwise agreed in writing. Existing unevenness, differences in height, slope, or other irregularities in the subfloor may remain visible or affect the final result. The contractor will not perform any flatness measurements, elevation measurements, or assessments in accordance with NEN standards or other measurement standards in advance, unless this has been agreed upon in writing beforehand. A visual assessment does not constitute a measurement in accordance with standards or a guarantee that the substrate or the final result meets a specific flatness class, tolerance, or suitability requirement. If the client sets specific requirements regarding flatness, levelness, or tolerances, these must be communicated and agreed upon in writing prior to commencement of work. Without such written agreements, the contractor is not liable for deviations resulting from existing irregularities or deviations in the substrate.
- The contractor guarantees that any defects in the work discovered after completion will be remedied free of charge during the period specified below, unless the contractor demonstrates that the defect is unrelated to the work: three years for floors. The above warranty applies only to a properly installed system with appropriate preparation of the subfloor, as prescribed by the supplier. The warranty does not apply to the existing subfloor.
- The warranty period specified in paragraph 2 applies unless the contractor and the customer agree on a longer period.
- Minor imperfections that do not affect the usability, quality, or durability of the work performed are excluded from the warranty.
- If the contractor has provided the customer with written maintenance instructions or usage recommendations no later than the time the agreement is concluded, the warranty shall lapse with respect to defects caused by failure to maintain and/or treat the work in accordance with the instructions. The burden of proof rests with the contractor.
- The foregoing does not preclude the contractor from being liable even after the aforementioned periods, to the extent that this arises from mandatory statutory provisions.
Warranty on the Contractor's Products
- The delivered product must possess the characteristics that the customer may reasonably expect under the agreement during normal use (conformity). If this expectation is not met, the customer is entitled to repair, replacement, or a price reduction. Is the problem with the product attributable to the customer's fault? In that case, the customer is not entitled to repair, replacement, or a price reduction.
- By law, the customer must prevent or limit any damage as much as possible.
- Warranty provisions apply only when the delivered product is used normally and in accordance with its intended purpose.
- The customer must act as a reasonable customer. This includes, for example, ensuring that the product is properly and adequately maintained and handled.
- Variations in color, wear resistance, structure, shades, texture, luster, and similar characteristics may limit or exclude the right to warranty and/or compensation if these variations are acceptable from a technical standpoint according to applicable, customary standards or commercial practice.
Custom-made products and furniture
- For custom-made products and furniture, natural materials and handmade or decorative finishes may vary in color, grain, texture, pattern, shading, luster, dimensions, and surface. In addition, temperature, humidity, exposure to light, and normal use may cause minor imperfections, warping, discoloration, or hairline cracks. These characteristics are not considered defects as long as they remain within professionally acceptable limits and do not substantially impair the product's usability.
- Custom-made products and furniture are intended for normal indoor use, unless otherwise agreed in writing. In any case, the warranty does not cover defects or damage caused by misuse, improper or insufficient maintenance, aggressive or unsuitable cleaning agents, moisture, heat, direct sunlight, insufficient ventilation, extreme or fluctuating humidity, impacts, scratches, overloading, or use in a hospitality, commercial, or outdoor setting unless such use has been agreed upon in writing.
Article 20 - Right of Retention
- As long as the customer has not fulfilled its obligations, the business has a right of retention over all items in its possession that belong to the customer, at the customer's expense.
- The risk associated with the items subject to this right of retention remains with the customer.
Article 21 - Liability and Indemnification
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The contractor is not liable for damage caused by factors of which it was unaware or could not reasonably have been expected to be aware. Such factors may include, for example:
- the formation of shrinkage joints and/or hairline cracks as a result of the gradual loss of construction moisture following new construction or renovation;
- the occurrence of discoloration, shrinkage joints, and/or hairline cracks due to the direct effect of heat sources such as the sun, central heating pipes, and fireplaces;
- the development of defects or changes in natural materials (such as wood, lime, and mineral products) as a result of temperature, humidity, and exposure to light. Examples include minor warping, hairline cracks, color variations, or differences in texture;
- a humidity level that is too high or too low in the room in question and surrounding rooms, or an extreme change therein;
- an improper composition of the substrate (including floors, walls, and ceilings), if and to the extent that it was not installed by the contractor, or a substrate that is not sufficiently level, if it was not installed by the contractor;
- moisture problems, leaks, rising damp, insufficient ventilation, or other circumstances beyond the contractor's control (including floors, walls, and ceilings).
- The contractor is not liable for damage resulting from misuse, overdue maintenance, or the use of improper cleaning agents by the customer.
- The contractor's total liability is, to the extent permitted by law, limited to the lesser of the following amounts: (i) the contract price or the invoice amount for the relevant part of the agreement; or (ii) the amount paid out by the contractor's liability insurer in the case in question. This limitation also applies if there are multiple claims. The limitation does not apply in cases of willful misconduct or gross negligence on the part of the contractor. For consumers, this limitation applies only to the extent that it does not conflict with mandatory consumer protection laws.
- To the extent permitted by law, the contractor is not liable for consequential damages. Consequential damages are understood to include, in any case: damages to third parties or the principal, business closure and business interruption, moving costs, storage costs, refurbishment costs, cleaning costs, lodging and hotel costs, construction site and scaffolding costs, supervision and monitoring costs, downtime costs and business interruption, loss of income and revenue, lost profits, and replacement costs. For consumers, this exclusion applies only to the extent that it does not conflict with mandatory consumer protection laws and does not affect the statutory rights of consumers.
- The customer shall indemnify the contractor against and hold the contractor harmless from any claims by third parties relating to the performance of the agreement and all related financial consequences.
Article 22 - Complaints and Damage
- Complaints regarding the performance of the agreement or damage caused by the business to the customer's property must be submitted to the business in a complete and clearly described manner. This should preferably be done in writing and, in any case, within a reasonable time after the customer has discovered the defect or damage or should reasonably have discovered it. For consumers, a report submitted within two months of discovery is in any case considered timely.
- If, at the time of delivery or acceptance, there is no opportunity to identify and/or report complaints or damage to the delivered goods or to the customer's property, the customer must report such complaints or damage as soon as possible thereafter, preferably in writing. If the business has not received a report within 14 days of delivery, it will be presumed - subject to proof to the contrary and to the extent permitted by law - that the products were delivered undamaged and/or that no damage was caused by the business.
- In the event of damage, the customer shall allow the business to inspect and assess the damage, either by the business itself or on its behalf, for the purposes of its liability insurance. The customer shall also cooperate with repairs carried out by or on behalf of the business.
- Complaints that arise only after delivery and during use must be reported as soon as possible after discovery, preferably in writing. For consumers, a report submitted within two months of discovery is in any case considered timely.
- Failure to file a complaint in a timely manner may result in the customer losing their rights in this regard, to the extent permitted by law. The statutory rights of consumers remain unaffected.
Article 23 - Dispute Resolution
- All disputes relating to the agreement shall be settled by the competent court in The Hague, unless mandatory provisions designate another competent court. Consumers retain the option, for at least one month after the business has invoked this provision in writing, to submit the dispute to the court with jurisdiction under the law.
Article 24 - Governing Law
- These terms and conditions, agreements, and all disputes arising therefrom are governed exclusively by Dutch law.
These terms and conditions are effective as of July 3, 2026, and have been filed with the Chamber of Commerce's commercial register under number 42089994.