Algemene Voorwaarden – Studio Maayke Goossens

Voorwaarden

(Studio) Maayke Goossens B.V.

Article 1: Execution of assignment
Artikel 2: Exclusiviteit
Article 3: Payment
Article 4: Use design
Article 5: Early Termination
Article 6: Delay
Article 7: Liability
Article 8: Disputes
Article 9: Deposit

Article 1: Execution of assignment

1.1 (Studio) Maayke Goossens BV vervult de opdracht zo goed als mogelijk, en houdt daarbij rekening met de toepasselijke wet en zij staat van de opdrachtgever bij als adviseur.

1.2 The client provides (Studio) Maayke Goossens BV with all information it has and that is necessary for the execution of the assignment. (Studio) Maayke Goossens BV can rely on the completeness and correctness of this information, unless further investigation is clearly required.

1.3 Without prior consultation with (Studio) Maayke Goossens BV, the client will not engage third parties if this could affect the fulfillment of the assignment by (Studio) Maayke Goossens BV.

1.4 If it is necessary for the proper execution of the assignment to engage one or more consultants, the parties will discuss who that will be and what activities will be assigned to those consultants. The client then instructs that consultant(s), unless the parties agree otherwise.

1.5 If there are deadlines for the work of (Studio) Maayke Goossens BV, (Studio) Maayke Goossens BV stipulates that the work must be carried out within those deadlines (with due observance of Article 6)

1.6 Communication boards may be placed at the project from the start up to 6 months after completion.

1.7 Communication from (Studio) Maayke Goossens BV may take place via the website, social media, magazines or other channels. Images (photos) and content from the client and/or self-made photos of the project (before/during/after delivery) may be used by (Studio) Maayke Goossens BV. The designs from (Studio) Maayke Goossens BV may be used by the clients after permission from (Studio) Maayke Goossens BV. The suppliers may not release the images externally, via any channel (website, social media, newsletters, magazines or other channels). If the client does not pay, (Studio) Maayke Goossens BV may still withdraw the release of the images/content externally.

1.8 Samples/test models are provided free of charge by suppliers. This is deviated from if other agreements are made in writing.

1.9 Suppliers come with all trucks (or other transport), clothing, packaging and products anonymously. They work and speak in the name of (Studio) Maayke Goossens BV.

Artikel 2: Exclusiviteit

2.1 Exclusive cooperation is guaranteed by the supplier. This means that the supplier may not now or in the future supply directly to the client or other suppliers. This also applies to construction management suppliers. The fine per violation is 25,000 euros excl. VAT.

Article 5: Early Termination

5.1 The client can cancel the assignment at any time. (Studio) Maayke Goossens BV can only cancel the assignment for serious reasons. The cancellation is in writing stating the reason(s) and the time from which the cancellation is made.

5.2 In the event of cancellation, payment will be made according to the state of the work at the time of cancellation. The client reimburses (Studio) Maayke Goossens BV the costs incurred up to that point.

5.3 In the event of cancellation, the client may only realize the design produced up to that point after prior permission from (Studio) Maayke Goossens BV. (Studio) Maayke Goossens BV does not refuse permission if this is contrary to the legitimate interests of the client.

Article 6: Delay

6.1 If the performance of the client is delayed or interrupted due to circumstances for which (Studio) Maayke Goossens BV cannot be blamed, the client is obliged to reimburse (Studio) Maayke Goossens BV for the resulting costs. (Studio) Maayke Goossens BV limits the costs/damage as much as possible.

6.2 If the delay or interruption referred to in paragraph 1 lasts longer than three months, (Studio) Maayke Goossens BV will inform the client as soon as possible when it will resume performance. (Studio) Maayke Goossens BV takes into account the legitimate interests of the client.

6.3 (Studio) Maayke Goossens BV cannot be held liable by the client in any way. Delays in products cannot be blamed on (Studio) Maayke Goossens BV and no compensation can be charged. Non-payment or late payment of the products is not possible, the payment term remains in place.

Article 8: Disputes

8.1 Differences of opinion between the client and (Studio) Maayke Goossens BV will be resolved mutually as much as possible.

8.2 All disputes arising from this assignment between the client and (Studio) Maayke Goossens BV will be settled by the civil court. This also applies to disputes that are considered as such by only one of the parties.

8.3 Dutch law applies to this agreement.

Article 9: Deposit

The Legal relationship consumer – architect/advisor CR 2013, abbreviated as “CR 2013”, has been filed with the registry of the District Court of Amsterdam. Filing is ongoing. The conditions stated above apply to this legal relationship CR 2013.

Article 3: Payment

3.1 (Studio) Maayke Goossens BV declares the consultancy costs in installments according to the status of its activities. She declares the costs with an interval of at least two weeks. Parties can agree otherwise for both types of costs.

3.2 Payment of an invoice must take place within 2 days and two weeks from the clients (see 3.6) after sending that invoice. Payments to suppliers are made within 30 working days.

3.3 If the client does not pay on time, it will be in default without further notice of default being required. (Studio) Maayke Goossens BV may, with effect from the due date, charge the statutory interest on the unpaid amount.

3.4 If the client does not pay on time, (Studio) Maayke Goossens BV may suspend the execution of the assignment. (Studio) Maayke Goossens BV may immediately stop the work.

3.5 If (Studio) Maayke Goossens BV proceeds to collection, the associated costs will be borne by the client. The client who does not pay on time may not use the designs, sketches and the like already provided to him by (Studio) Maayke Goossens BV.

3.6 Payment to clients for purchases of products and/or designs and/or project management etc. is 75% upon approval of the order within 2 days, 20% for the first delivery within 7 days and 5% within 7 days upon completion of the project unless otherwise agreed in the order confirmation or other forms of communication. Payments to suppliers from (Studio) Maayke Goossens BV are 100% afterwards (unless otherwise agreed).

3.7 In the event of bankruptcy of the supplier, the products will remain the property of Maayke Goossens BV at all times; these products may not be sold or seized. The supplier must report this to Maayke Goossens BV on the day of bankruptcy. In the event of bankruptcy of the client, the products of Hello Migrants will remain the property of Hello Migrants and may be collected immediately; the items may not be sold. The client must report this to Hello Migrants on the day of bankruptcy.

Article 4: Use design

4.1 Provided that he has fulfilled his payment obligation, the client has the right to carry out the design.

4.2 The client may not deviate from a design or make any changes to it, unless he does so in consultation with (Studio) Maayke Goossens BV.

4.3 The client may not repeat the executed design in whole or in part without the prior permission of (Studio) Maayke Goossens BV. (Studio) Maayke Goossens BV may attach conditions to its permission, such as payment of a reasonable fee. (Studio) Maayke Goossens BV will not refuse its permission on unreasonable grounds.

4.4 May not be used for other purposes without written consent.

Article 7: Liability

7.1 (Studio) Maayke Goossens BV is only liable on behalf of the client for the direct damage it suffers as a result of an attributable shortcoming of (Studio) Maayke Goossens BV in the fulfillment of its obligations.

7.2 An attributable shortcoming here means: a shortcoming that a good and carefully acting interior design studio can and should avoid. This with due observance of normal attention and the professional knowledge and resources required for the assignment.

7.3 If the client believes that (Studio) Maayke Goossens BV has failed, it will hold it liable in writing and give it the opportunity to remedy the shortcoming(s) at its own expense.

7.4 (Studio) Maayke Goossens BV cannot be sued for damages. Compensation for damages cannot be recovered from (Studio) Maayke Goossens. (Studio) Maayke Goosens BV cannot be held liable in any respect.

7.5 Liability by third parties/suppliers cannot be recovered from (Studio) Maayke Goossens BV, even if these parties/suppliers have been put forward by (Studio) Maayke Goossens BV. Not even if (Studio) Maayke Goossens BV has made the payment directly to third parties/suppliers on behalf of the client. This applies to (human) damage, services, delays and other shortcomings.

7.6 No compensation can be claimed for an incorrect construction drawing by the client. The drawing must always be checked by the construction company before they start work.

7.7 For mounting in walls to the products such as kitchens, cupboards, curtain rails, coat racks, drying racks etc., (Studio) Maayke Goossens B.V. is not liable for drilling in E- and/or W installation work. The costs for the damage and repair are for the client(s).

7.8 If the client chooses to assemble the products supplied/delivered by (Studio) Maayke Goossens BV themselves, the warranty will lapse. Products can be incorrectly assembled and become unstable or broken as a result. (Studio) Maayke Goossens BV cannot be held liable for this. Clients are responsible for wall mounting of cabinets/kitchens themselves, unless (Studio) Maayke Goossens BV takes care of this. (Studio) Maayke Goossens BV cannot be held liable in any way if a cabinet, kitchen or other product falls off the wall, after all, we do not know how the walls were made by the contractor. The client must regularly check whether everything is still attached correctly.