General Terms and Conditions
These terms and conditions govern the legal relationship between the client and Kskn Bouw, registered with the Chamber of Commerce in Amsterdam under number 75957515, located at 1e Oosterstraat 37A, 1211LA Hilversum.
1. Purpose of the Terms and Conditions
1.1 The interior designer agrees to provide interior design and construction services to the client, including but not limited to consultation, design development, and project management as detailed in the scope of work.
1.2 This document outlines the rights and obligations of both parties, as well as the terms and conditions under which the interior designer will perform the services.
1.3 This document shall commence on start date of the project and continue until the completion of the project, unless terminated earlier in accordance with the terms of this agreement.
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2. Definitions
2.1 Assignment: The work, services, and deliverables outlined in this agreement and its annexes.
2.2 Client: The person or entity receiving the services as described in this agreement.
2.3 Interior Designer: The professional or company providing interior design services.
2.4 Project: Activities aimed at achieving the client’s intended outcome.
2.5 Work: Designs, sketches, drawings, and other creations as defined under the Copyright Act.
3. Scope of Work
3.1 The interior designer will provide the following services as described in Annex A:
• Consultation
• Design development
• Project management
• Coordination with contractors and suppliers
3.2 The interior designer will complete the work within the agreed-upon timeline, which may be adjusted in the event of delays outside the interior designer’s control.
3.3 The interior designer determines how and by whom the work is performed, excluding the application of Articles 7:404 and 7:407(2) of the Dutch Civil Code.
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3.4 Adjustments to the assignment will be discussed if required by unforeseen circumstances, including:
• Changes in regulations or project requirements.
• Client-requested modifications or variants to approved work.
• Additional work deemed necessary.
3.5 If the client interrupts the assignment, they must notify the interior designer in writing and discuss the consequences. The client may be required to compensate damages incurred by the interior designer.
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4. Offers and Quotations
4.1 Offers and quotations are non-binding unless a specific acceptance period is stated. After this period, the offer expires.
4.2 Kskn Bouw is not bound by offers containing apparent errors or mistakes.
4.3 Prices exclude VAT and other government levies unless explicitly stated.
4.4 Unless specified, prices do not include travel, accommodation, shipping, or handling costs.
4.5 Deviations from the initial offer must be accepted by Kskn Bouw before forming an agreement.
4.6 A combined quotation does not obligate the performance of individual parts of the project at proportional prices.
4.7 Apart from the construction work mentioned at the offer, any additional work will be charged with an appoval.
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5. Fees and Payment
5.1 Fees: The total fee for the services provided by the interior designer is at the offer plus applicable VAT.
5.2 Payment Schedule: Payments will be made as follows:
50% of the grand total to be paid before start date, 25% to be paid in the mid-term according to the agreed project timeline and remaining to be paid by the end of the work.
5.3 Late Payments: In the event the client fails to make payment on time, the interior designer will charge statutory interest as provided by Dutch law (Article 6:119 BW).
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6. Obligations of the Interior Designer
6.1 The interior designer commits to a best-effort obligation, performing work with care, independence, and expertise.
6.2 Client data will be treated confidentially unless required otherwise by law.
6.3 The interior designer will keep the client informed of progress as necessary.
6.4 Work will adhere to legal, professional, and ethical standards.
6.5 Deadlines are not firm unless explicitly agreed upon.
6.6 The interior designer will communicate authorized representatives for the assignment.
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7. Client’s Obligations
7.1 Confidentiality: The client agrees to keep all information received from the interior designer confidential unless required by law to disclose.
7.2 Providing Accurate Information: The client is responsible for providing accurate and complete information necessary for the interior designer to perform the services.
7.3 Review of Documents: The client must promptly review all deliverables from the interior designer and notify the designer in writing of any discrepancies within ten working days of receipt.
7.4 Third-party services will be contracted by or on behalf of the client, who bears associated risks and costs.
7.5 Payments due to the interior designer must be made by the agreed-upon deadlines.
8. Liability
8.1 Liability for Damage: The interior designer is responsible for damages arising from a failure in performance, subject to the following conditions:
• The failure must result from the designer’s negligence or fault.
• The client must notify the designer of the failure in writing.
• The designer must be given reasonable time to remedy the failure.
8.2 Exclusions from Liability: The interior designer is not liable for indirect damages, such as loss of profits, or damages caused by third parties.
8.3 Consumer Protection: If the client is a consumer, any liability limitation provisions are subject to Dutch consumer protection laws (Article 6:233 BW), which may render such limitations unenforceable if deemed unreasonable.
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9. Cancellation of the Assignment and Consequences
9.1 Right to Terminate: Either party may terminate the agreement for the following reasons:
• Delay or failure to perform
• Force majeure
• Bankruptcy or financial insolvency
• Death or incapacity of key individuals
9.2 Client’s Cancellation Fee: If the client terminates the agreement, the client agrees to pay a cancellation fee of 50% of the remaining fee, unless the termination is due to force majeure or death.
9.3 Use of Advice After Termination: If the client terminates the agreement, they may not use any advice or designs provided by the interior designer without prior written consent.
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10. Property and Copyright of the Interior Designer
10.1 Intellectual Property: All intellectual property rights related to the work produced by the interior designer remain the property of the designer, including but not limited to copyright, patent, and design rights.
10.2 Use of Designs: The client may not reproduce, publish, or otherwise use any designs, documents, or drawings produced by the interior designer without the designer’s prior written consent.
10.3 Photographs of Completed Work: The interior designer may take photographs of the completed project. The designer will comply with Dutch GDPR (AVG) when using these images for promotional purposes, ensuring no personal data is disclosed without proper consent.
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11. Financial Provisions
11.1 Price Adjustment: The interior designer may adjust the fees for unforeseen circumstances, including changes in raw material costs or legal/regulatory obligations. The client will be notified in writing of any adjustments.
11.2 Additional Costs: The client will be responsible for additional costs arising from changes to the project scope requested by the client.
11.3 Late Payment Interest: If the client fails to pay within the agreed period, statutory interest will be charged on the outstanding amount, as per Dutch Civil Code, Article 6:119 BW.
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12. Applicable Law and Disputes
12.1 Governing Law: This agreement is governed by Dutch law.
12.2 Dispute Resolution: In the event of a dispute, the parties agree to attempt mediation before resorting to litigation. If mediation fails, the dispute will be resolved by the competent Dutch court.
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13. Signatures
By signing the offer, client agree to the terms and conditions outlined in this agreement.