General terms and conditions

General terms and conditions Bathroom/kitchen broker

Article 1: Definitions

1.1

Bathroom Kitchen Broker, having its registered office at Donkereweg 3, 1704DV Heerhugowaard.

1.2

Client: The natural or legal person to whom Badkamerenkeukenmakelaar has made any quotation, offer or with whom it has entered into an agreement.

1.3

Assignment: The assignment given by the Client to Badkamerenkeukenmakelaar to advise on or mediate in the purchase of a bathroom, kitchen or other product.

1.4

Product: The bathroom, kitchen or other product on which Badkamerenkeukenmakelaar will advise and/or in the purchase of which Badkamerenkeukenmakelaar will mediate.

1.5

Bathroom and Kitchen Store: The (third) party from whom the product is purchased.

Article 2: Assignment

2.1

An agreement between the Client and Badkamerenkeukenmakelaar shall be deemed to have been concluded at the time when the Client has digitally confirmed and signed the quotation or has started its execution. Badkamerenkeukenmakelaar is entitled to refuse orders given to it without giving reasons, even after it has sent an offer to Client for the performance of work.

2.2

In case of withdrawal of the Order after the signing of the service order, the Client shall owe the cancellation fee agreed in the order confirmation and the cost of the additional services already performed to Bathroom Kitchen Broker.

2.3

Bathroom Kitchen Broker reserves the right to correct any discount or mark-up agreed with the Client (in the Order signed for approval). If it appears during the purchase process that an agreed discount or mark-up was wrongly granted, it will be corrected (in accordance with the then applicable rates) on the invoice payable by the Client.

2.4

All Assignments issued to Badkamerenkeukenmakelaar shall exclusively come into existence with Badkamerenkeukenmakelaar and shall be executed by it, even if it is the intention of the Client that the Assignment will be executed by a specific person employed by Badkamerenkeukenmakelaar.

2.5

Engagements issued to Badkamerenkeukenmakelaar shall only lead to effort obligations on the part of Badkamerenkeukenmakelaar, not to result obligations, unless the nature of the Engagement issued or the agreements between the parties indicate otherwise.

2.6

Unless otherwise agreed in writing, the periods indicated by Badkamerenkeukenmakelaar within which it will carry out the Assignment are never to be regarded as deadlines.

2.7

These general terms and conditions also apply for the benefit of the directors and/or partners of Badkamerenkeukenmakelaar and all persons working for it. Their applicability continues to exist if the aforementioned directors/partners and/or other persons working for it no longer work for Badkamerenkeukenmakelaar.

2.8

Any purchase or other conditions referred to by the Client when accepting an offer or quotation or entering into an agreement shall not apply unless they have been unconditionally accepted by Badkamerenkeukenmakelaar in writing.

Article 3: Offers and quotations of Bathroom and Kitchen Shop and advice Bathroom and Kitchen Broker

3.1

Offers or quotations presented by Bathroom and Kitchen Broker on behalf of a Bathroom and Kitchen Shop to Client are, unless expressly stated otherwise, without obligation and subject to acceptance by the relevant Bathroom and Kitchen Shop.

3.2

Calculations made in advance by Bathroom Kitchen Broker regarding the cost of a product are indicative and no rights can be derived from them. These calculations may be subject to interim price and product changes. A final calculation of costs can be provided once a Bathroom and Kitchen Broker has issued a quotation which has been accepted by the Client.

3.3

Opinions from Bathroom and Kitchen Broker to Client are snapshots and are based on the assumptions of the products available at that time. Only when a Bathroom and Kitchen Shop has issued a quotation which has been accepted by the Client, can Bathroom and Kitchen Broker provide a final calculation of costs.

Article 4: Communication

4.1

In the event that the Client has sent any digital message to Badkamerenkeukenmakelaar, he may not rely on the fact that this message has reached Badkamerenkeukenmakelaar until he has received a confirmation of receipt thereof, not being an automatic acknowledgement of receipt.

4.2

General information, whether or not on the Internet, whether or not at the request of the Client, provided by Badkamerenkeukenmakelaar, is free of obligation and shall never be regarded as advice in the context of an Assignment issued to it, unless notice from Badkamerenkeukenmakelaar indicates otherwise or the advice is specifically tailored to the situation of the Client.

4.3

Until the Client has notified Badkamerenkeukenmakelaar of a change of address, Badkamerenkeukenmakelaar may trust that the Client can be reached at the address it provided at the start of the Assignment, including its email address.

4.4

The client agrees that information on the status and progress of the assignment, current topics and after-care activities will preferably be provided digitally, via e-mail, by Bathroom Kitchen Broker.

Article 5: Third-party involvement

5.1

Badkamerenkeukenmakelaar is entitled to involve third parties in the execution of the Assignment given to it if this is deemed necessary. The costs associated with the engagement of third parties will be charged to the Client in consultation.

5.2

If Badkamerenkeukenmakelaar in the execution of the Assignment has to make use of advice prepared by external parties, including but not limited to advice from tilers, plasterers, contractors, and the like, Badkamerenkeukenmakelaar shall as far as possible consult in advance with the Client. In selecting the relevant third party, Badkamerenkeukenmakelaar shall exercise due care. Badkamerenkeukenmakelaar shall not be liable for (culpable) shortcomings of these external advisors.

5.3

Badkamerenkeukenmakelaar is responsible, in the same way as for its own employees, for third parties engaged in the execution of the Assignment, with the exception of external consultants as indicated in Article 5.2.

Article 6: Fee and Payment

6.1

The fee for Badkamerenkeukenmakelaar's services shall be charged to the bathroom and kitchen shop in addition to the Client's order, unless otherwise agreed in writing. Bathroom and Kitchen Broker shall inform the Client about the composition and amount of the fee prior to the Order.

6.2

Changes in taxes and/or levies imposed by the government shall always be passed on to the Client. Badkamerenkeukenmakelaar is entitled to increase agreed rates on an interim basis if the cost of materials, services or other costs affecting the cost price of Badkamerenkeukenmakelaar increases after the acceptance of the Assignment.

6.3

Invoices of Bathroom Kitchen Broker shall be paid by the Client within 7 days of the invoice date, unless otherwise agreed in writing or if the invoice states otherwise.

6.4

If the Client charges products to the Client on behalf of a bathroom and kitchen shop, the Client should understand that non-payment, or non-timely payment, of charged products may result in additional costs for possible collection procedures at the expense of the Client.

6.5

Set-off by the Client of amounts charged by Badkamerenkeukenmakelaar against a counterclaim asserted by the Client, or suspension of payment by the Client in connection with a counterclaim asserted by the Client, shall only be permitted if the counterclaim has been expressly and unreservedly recognised by Badkamerenkeukenmakelaar, or has been irrevocably established in court.

6.6

If the Client fails to pay the amounts invoiced by Badkamerenkeukenmakelaar within the agreed period, the Client shall owe statutory interest on the outstanding amount, without prior notice of default being required.

6.7

The Customer's payment obligations first serve to pay all interest and costs due and then due invoices that have been outstanding the longest, even if the Customer states that the payment relates to a later invoice.

6.8

If the creditworthiness of the Client so warrants, Badkamerenkeukenmakelaar may suspend the provision of its services until the Client has provided sufficient security for its payment obligations.

Article 7: Information from the Client

7.1

The Client is obliged to provide all relevant information, both solicited and unsolicited, to Bathroom Kitchen Broker for the correct execution of the Assignment.

7.2

Badkamerenkeukenmakelaar can only fulfil its duty of care towards the Client if the Client strictly complies with the obligation stipulated in 7.1.

7.3

If information necessary for the execution of the Assignment has not been made available to Badkamerenkeukenmakelaar, or has not been made available on time or in accordance with the arrangements made, or if the Client has failed to fulfil its information obligations in some other way, Badkamerenkeukenmakelaar shall be entitled to suspend the execution of the Assignment.

7.4

The Client is fully responsible for the accuracy and completeness of all information provided to Bathroom Kitchen Broker.

Article 8: Liability of Bathroom Kitchen Broker

8.1

The liability of Badkamerenkeukenmakelaar, including its management, employees and persons engaged during the execution of the Assignment, shall be limited to the amount paid in the relevant case under Badkamerenkeukenmakelaar's professional liability insurance, increased by the excess. Further information about the professional liability insurance will be provided upon request.

8.2 If Badkamerenkeukenmakelaar's professional liability insurance referred to in Article 8.1 does not provide cover, the liability of Badkamerenkeukenmakelaar, as well as its management, employees and persons engaged for the execution of the Assignment, shall be limited to the total amount of the fee charged to the Client in connection with the Assignment which is the cause of the damage. If Badkamerenkeukenmakelaar has not charged the Client a fee for its services, its liability shall be limited to the amount invoiced to the Client.

8.3

The performance of the Order issued is exclusively for the Client. Third parties cannot derive any rights from the content of the work performed for the Client.

8.4

Badkamerenkeukenmakelaar is not liable for damages suffered by the Client or third parties as a result of incorrect, incomplete or late information provided by the Client.

8.5

Badkamerenkeukenmakelaar is not liable for damage arising from errors in the software or other computer software used by Badkamerenkeukenmakelaar, unless this damage can be recovered from the supplier of the relevant software or computer software.

8.6

Badkamerenkeukenmakelaar is not liable for damage arising from the fact that (e-mail) messages sent by the Client have not been received by Badkamerenkeukenmakelaar.

8.7

Badkamerenkeukenmakelaar is not liable for damages arising from the fact that the Client has not timely paid the premiums and/or interest charged to him for financial products taken out by him, after mediation of Badkamerenkeukenmakelaar.

8.8

The provisions of this article shall not affect Badkamerenkeukenmakelaar's liability for damage caused by intent or deliberate recklessness of its subordinates.

8.9

The Client may only dissolve the agreement with Badkamerenkeukenmakelaar if Badkamerenkeukenmakelaar, after a proper notice of default, imputably fails to fulfil its obligations towards the Client. Obligations to pay which arose before the time of dissolution and/or which relate to services already provided shall remain in full force.

Article 9: Force majeure

9.1

Badkamerenkeukenmakelaar is not obliged to fulfil any obligation if this cannot reasonably be required of it as a result of changes in the circumstances existing when the obligations were entered into, which have arisen through no fault of its own.

9.2

A failure in the fulfilment of an obligation by Badkamerenkeukenmakelaar shall in any case not be regarded as imputable and shall not fall under its risk in the event of default and/or failure on the part of its suppliers, subcontractors, transporters and/or other third parties called in, fire, strikes or lockouts, riots or war, government measures, including export, import or transit bans, frost and all other circumstances of such a nature that binding can no longer be required of Badkamerenkeukenmakelaar.

Article 10: Privacy

10.1

All personal information, provided by the Client to the Bathroom Kitchen Broker, will only be used by the Bathroom Kitchen Broker for the execution of the Assignment granted or for sending mailings, unless the Bathroom Kitchen Broker is obliged under Dutch law or public policy to pass this information to a competent authority.

10.2

If the Client objects to the inclusion of his/her personal information in Bathroom Kitchen Broker mailing lists, Bathroom Kitchen Broker will remove such information from the relevant list upon the Client's first written request.

Article 11: Loss of Rights

11.1

Complaints relating to the activities of the Bathroom Kitchen Broker or the amount of the amounts charged must, on pain of forfeiture of rights, be submitted in writing to the Bathroom Kitchen Broker within 60 days of receipt of the relevant documents, information or invoices, or within 60 days of the discovery of the shortcoming. Filing a complaint does not mean that the Client can suspend his/her payment obligations.

11.2

All rights of action and other powers of the Client against the Bathroom Kitchen Broker in connection with the work carried out by the Bathroom Kitchen Broker shall lapse after one year from the moment the Client became aware or could reasonably have become aware of the existence of these rights and powers.

Article 12: Miscellaneous

12.1

Dutch law shall apply to all offers, quotations and Engagements granted by Bathroom Kitchen Broker.

12.2

Deviations from these general terms and conditions agreed in writing between Bathroom Kitchen Broker and the Client shall prevail over these general terms and conditions.

12.3

Agreements made on official letterhead of Bathroom Kitchen Broker and signed by authorised officers are recognised as originating from Bathroom Kitchen Broker.

12.4

De Badkamerenkeukenmakelaar shall only be bound by deviations or additions to these general terms and conditions if they have been expressly agreed in writing between De Badkamerenkeukenmakelaar and the Client.

12.5

Should any provision of these general terms and conditions prove to be invalid, only the relevant provision will be excluded, all other provisions will remain in force.

12.6

The Bathroom Kitchen Broker has the right to unilaterally amend the content of these general terms and conditions. When changes occur, the Bathroom Kitchen Broker will notify the Client and send the amended terms and conditions. The Client has the right to object to the amended terms and conditions within 30 days of notification. If no objection is made, the amended terms shall apply from the date specified by the Bathroom Kitchen Broker.