Terms and conditions

Definitions

In these terms and conditions, the following terms mean:

JouwDroomBadkamer: the contractor, based in Haps, trading under the name JouwDroomBadkamer and registered with the Dutch Chamber of Commerce under number 93342969.

Client: the natural person or legal person who asks JouwDroomBadkamer to carry out work and/or supply goods.

Agreement: the agreement between JouwDroomBadkamer and the Client for carrying out work and/or supplying goods.

Work: all work agreed between the Client and JouwDroomBadkamer, including the materials supplied by JouwDroomBadkamer.

Additional work: additions or changes to the agreed work requested by the Client, which lead to extra costs.

Provisional sum: an amount stated in the agreement, included in the contract price, intended for work that was not yet clearly defined on the date of the agreement and must still be specified by the Client.

Workable working days: calendar days, unless they fall on a generally recognised day of rest or public holiday, a local recognised day of rest or public holiday, a government prescribed day of rest or public holiday, a day prescribed by or under a collective labour agreement, a holiday or another non individual day off.

Completion: the moment when JouwDroomBadkamer has informed the Client that the work is finished and the Client has accepted the work.

Contract price: the amount agreed between the Client and JouwDroomBadkamer for which the work will be carried out, including VAT.

Building materials: all materials needed for the structural and functional execution of the work.

Article 1 Parties

1.1. JouwDroomBadkamer, based in Haps at De Kokerbijl (5443 PV), registered with the Dutch Chamber of Commerce under number 93342969, user of these terms and conditions.

1.2. Further details of JouwDroomBadkamer: Website: www.jouwdroombadkamer.nl Email: info@jouwdroombadkamer.nl Telephone number: 085 124 8867 VAT identification number: NL866364699B01

1.3. Client: the potential buyer of goods or services offered by JouwDroomBadkamer.

Article 2 Applicability

2.1. These terms and conditions form part of all current and future offers, agreements and other legal relationships between JouwDroomBadkamer and the Client.

2.2. Any changes to these terms and conditions only apply if both parties have clearly agreed to them in writing.

2.3. The Client’s general purchasing terms and conditions are expressly rejected.

2.4. Third parties involved by JouwDroomBadkamer in carrying out the agreement may also rely on these terms and conditions.

2.5. If one or more provisions, or parts of provisions, of these terms and conditions are void or annulled, the other provisions will remain in force. The parties will then discuss replacement rules for the void or annulled provisions, as close as possible to the purpose and meaning of the original provisions.

Article 3 Offer and agreement

3.1. Every offer, whether in the form of a quotation or otherwise, is fully and unconditionally without obligation, may be withdrawn, and is valid for 30 days, unless JouwDroomBadkamer states otherwise in writing.

3.2. Building materials for the renovation are not included in the price. These must be purchased separately and will be clearly specified in the quotation.

3.3. If an order is given by more than one Client, all Clients are jointly and separately bound by the agreement. If JouwDroomBadkamer accepts the order together with more than one contractor, each contractor is responsible for their own actions. Article 7:407 paragraph 2 of the Dutch Civil Code is excluded.

3.4. Unless stated otherwise, the contract price only relates to services carried out or goods supplied by JouwDroomBadkamer. Required services from third parties known to the Client are, in principle, not included in the contract price.

3.5. If the quotation states a fixed contract price, an additional budget may be sent. The list in this budget of materials to be used and hours to be spent by JouwDroomBadkamer during the execution of the order is only indicative and illustrative. No rights can be derived from this list. JouwDroomBadkamer is free to use other materials that, in the opinion of JouwDroomBadkamer, are comparable for carrying out the agreement. JouwDroomBadkamer aims for transparency and always wants to prevent additional work. If there is additional work, the customer will receive a detailed quotation for this additional work, which must first be accepted in writing before the work continues. This ensures that there are no unexpected costs and that the customer is fully aware of the financial consequences.

3.6. Provisional sums are amounts stated in the budget that are included in the contract price and intended for the purchase of materials and any processing of these materials, as well as work that could not yet be clearly determined when the agreement was made.

3.7. Every offer can only be accepted once and therefore does not apply to a later order, unless stated otherwise.

3.8. All information given by JouwDroomBadkamer about numbers, sizes, weights and colours of goods or work to be used or supplied in shown or provided trial placements, quotations, drawings, images, photos, models or any other form of offer is only indicative. A small difference in the delivered result does not mean that JouwDroomBadkamer has failed to fulfil the agreement. The Client can therefore not derive any rights from this.

3.9. Clear spelling mistakes and accidental errors in the offer are not binding on JouwDroomBadkamer.

3.10. A combined price quotation does not oblige JouwDroomBadkamer to carry out part of the order for a matching part of the stated price.

3.11. Every offer is prepared with care and is based on the information provided by the Client. If this information turns out to be incorrect, JouwDroomBadkamer is entitled to charge the Client for all extra costs resulting from this, such as storage costs, material costs, travel costs or labour costs.

3.12. The Client understands that changes to the order may lead to higher costs for the order and its execution. If, after the agreement has been made, it appears that the responsibilities or work of JouwDroomBadkamer have increased, for example because the project coordinated by JouwDroomBadkamer turns out to be larger than initially agreed, JouwDroomBadkamer is entitled to increase the stated prices accordingly.

3.13. JouwDroomBadkamer always reserves the right to refuse an order, even after acceptance, if circumstances give reason to do so. This may be the case, for example, in the event of unexpected technical complications or if the Client does not meet the contractual obligations.

3.14. The agreement is formed after both parties have signed a written offer, after JouwDroomBadkamer has confirmed written acceptance, or after JouwDroomBadkamer, or a third party on its behalf, has started carrying out the agreement.

3.15. If, after the agreement has been made, it appears that the workplace and/or construction site contains hazardous substances, including asbestos, or is contaminated, JouwDroomBadkamer is always entitled to terminate the agreement and charge the Client for the work already carried out. The Client is also liable for all consequences for and resulting from work carried out at such a location.

3.16. If, after the agreement has been made, new circumstances arise at the workplace and/or construction site that were not known at the time the agreement was entered into, JouwDroomBadkamer is entitled to suspend its work until these circumstances have been resolved and/or the parties agree on a new quotation. If these circumstances cannot be resolved, JouwDroomBadkamer is entitled to terminate the agreement and invoice the work already carried out separately, without being liable for any compensation. JouwDroomBadkamer expressly gives no guarantee regarding these circumstances.

Article 4 Execution by JouwDroomBadkamer

4.1. JouwDroomBadkamer will try to carry out the agreement within the stated or estimated period. This period is not final. This means the Client must always first give JouwDroomBadkamer written notice of default, with a long enough and reasonable period to still fulfil the agreement, before taking any further action.

4.2. If the period within which the work will be completed is expressed in workable working days, a working day means a calendar day, unless it falls on a generally recognised day of rest or public holiday, a local recognised day of rest or public holiday, a government prescribed day of rest or public holiday, a day prescribed by or under a collective labour agreement, a holiday or another non individual day off. Working days or half working days are considered unworkable if, due to circumstances not at the expense of JouwDroomBadkamer, most workers or machines cannot work for at least five hours or at least two hours respectively.

4.3. JouwDroomBadkamer is entitled to an extension of the period within which the work must be completed if, due to force majeure, circumstances at the expense of the Client, or additional or reduced work, JouwDroomBadkamer cannot reasonably be expected to complete the work within the agreed period.

4.4. Unless expressly agreed otherwise in writing, JouwDroomBadkamer is always free to decide how the objectives of the order will be achieved. This means that, unless agreed otherwise, JouwDroomBadkamer is free to choose the materials, methods and parties to be used in carrying out the order. JouwDroomBadkamer is also entitled to decide before and/or during the agreement to use other materials or methods and/or involve other parties.

4.5. JouwDroomBadkamer may have the order and/or delivery carried out by third parties. Article 7:404 of the Dutch Civil Code is expressly excluded from the agreement.

Article 5 Transfer of risk and retention of ownership

5.1. The risk of loss or decrease in value of goods to be delivered and, if applicable, installed passes to the Client from the moment these goods are made available to the Client, or would have been made available if delivery had not been delayed under the responsibility of the Client. This applies regardless of whether ownership has already been transferred.

5.2. JouwDroomBadkamer remains the owner of materials that have not yet been processed until the Client has met all obligations, including the payment obligation. The Client is therefore not allowed to sell these goods or place any rights on them, such as a pledge or mortgage right.

5.3. To protect the retention of ownership referred to in the previous paragraph, the Client must inform JouwDroomBadkamer in time in the event of threatened bankruptcy, suspension of payments, admission to a debt restructuring process, or if third parties threaten to seize the goods. The Client must also properly insure goods delivered under retention of ownership against damage and theft.

5.4. If the Client is in default of any obligation under the agreement, the Client must, at the request of JouwDroomBadkamer, provide all necessary cooperation so that JouwDroomBadkamer can again freely and without cost take possession of the installed or non installed goods. This may also include the obligation, at the request of JouwDroomBadkamer, to uninstall and return the delivered goods at the Client’s own expense.

Article 6 Obligations of the Client

6.1. The Client gives JouwDroomBadkamer the opportunity to carry out the order. The Client undertakes to provide the necessary cooperation for JouwDroomBadkamer to carry out the agreement. This includes, among other things:

a) Ensuring that JouwDroomBadkamer has timely access to the information needed to carry out the order, including plans, drawings and suppliers.

b) Ensuring that JouwDroomBadkamer has timely access to the approvals needed for the order, such as permits, and the information to be provided for the order.

c) Providing connection options for the energy, water, gas and compressed air needed for the order. The costs of electricity, gas and water are paid by the Client.

d) Ensuring that JouwDroomBadkamer has enough opportunity for the supply, storage and/or removal of building materials and tools.

e) Ensuring that work and/or deliveries to be carried out by third parties, which are not part of the order of JouwDroomBadkamer, are carried out properly and on time so that the execution of the order is not delayed.

f) Setting up the workplace in such a way, in connection with the work on site, that JouwDroomBadkamer can start the agreed work immediately on arrival.

g) The location where the work must be carried out must meet the applicable legal safety requirements.

h) JouwDroomBadkamer must always be able to enter the object in which or on which the work is being carried out. The Client must therefore be present during the execution of the order or provide access, for example by providing a key.

i) The Client will not set conditions for entering the object and/or the room in which the work is carried out by JouwDroomBadkamer, including conditions about footwear and other materials to be used by JouwDroomBadkamer.

6.2. If the obligations in paragraph 1 are not met on time or are breached, the Client must inform JouwDroomBadkamer of this in time. JouwDroomBadkamer is entitled to charge the Client for the extra costs involved, such as storage costs, travel costs or labour costs.

6.3. If the obligations in paragraph 1 are not met on time, the consequences will be at the expense of the Client.

6.4. Before the work starts, the Client must provide JouwDroomBadkamer with the agreed and necessary items and information, such as plans, drawings, calculations and execution instructions. JouwDroomBadkamer will review these to the best of its knowledge and warn the Client if the documents provided by the Client contain errors. However, the risk connected to incorrect information never shifts to JouwDroomBadkamer.

6.5. The Client must be reachable for JouwDroomBadkamer at the times when the work can be carried out, so that decisions can be made on important points.

6.6. If the Client does not meet any obligation, JouwDroomBadkamer is entitled to suspend the work until the Client has met this obligation, or to end the work in an unfinished state, provided that JouwDroomBadkamer has first informed the Client in writing or electronically of these consequences of non compliance. This does not affect the right of JouwDroomBadkamer to claim compensation for damage, costs and interest.

6.7. The Client expressly bears the risk for damage caused by:

a) Errors in the constructions and methods requested by the Client.

b) Defects in the movable or immovable property in or on which the order is carried out.

c) Defects in materials or tools provided by the Client.

d) Mistakes made by parties introduced by the Client.

e) Contamination of the construction site or building materials.

6.8. Articles 7:408 and 7:764 of the Dutch Civil Code are excluded from the agreement.

6.9. The Client allows JouwDroomBadkamer to place name signs and advertising at the work location or on the work free of charge.

Article 7 Payment

7.1. The offer has been prepared in good consultation. By entering into the agreement, the parties consider the prices to be reasonable and fair.

7.2. Each invoice has a payment term of 14 days.

7.3. The payment structure is as follows: 15% of the invoice must be paid in advance, 35% one day before the start of the work, 40% before the first day of the second week of the work, and the final 10% upon completion, unless agreed otherwise in advance.

7.4. Without the express written permission of JouwDroomBadkamer, the Client is not allowed to apply set off, suspension or withholding in relation to the payment obligations.

7.5. Any measures to protect the Client’s interior, such as covering or protecting furniture and floors, are not included in the contract price and will be carried out on request for an additional fee. The Client bears the risk of damage to their own interior if such measures are not requested and recorded.

7.6. JouwDroomBadkamer complies with the provisions of Articles 7:752, 7:753 and 7:757 of the Dutch Civil Code, which state that the Client is entitled to request changes, provided this is reasonably within the contractor’s possibilities. JouwDroomBadkamer reserves the right to charge any extra costs or changes in the planning if these arise from requested changes.

7.7. If the Client is a natural person or legal person acting in the course of their profession or business, JouwDroomBadkamer is immediately entitled, if the agreed payment term is exceeded, to charge the Client a delay interest of 1% of the principal amount, including collection costs, per month, as well as an amount for out of court collection costs. These costs amount to 15% of the amount due, with a minimum of EUR 40 excluding VAT.

7.8. All prices are based on the factors applicable at the time the price was stated or the agreement was made, including tax charges, levies, raw material prices, energy prices, fuel prices, material prices, import duties, transport and freight costs, and exchange rates of or against the euro. If, after the agreement has been made but before delivery by JouwDroomBadkamer, one or more of these price determining factors changes, in general or at least as charged by the regular supplier of JouwDroomBadkamer, JouwDroomBadkamer always has the right to adjust the agreed price during the agreement in line with this increase. The parties expressly regard this circumstance as unforeseen.

Article 8 Warranty and liability

8.1. The schedules, calculations and drawings prepared by JouwDroomBadkamer are only indicative. No rights can be derived from them.

8.2. JouwDroomBadkamer is not liable for damage caused by not following the advice of JouwDroomBadkamer, or by following it incorrectly or too late.

8.3. JouwDroomBadkamer is not liable for mistakes made by subcontractors selected by the Client.

8.4. The Client must check every delivery and execution, whether in phases or otherwise, as soon as possible, but no later than 48 hours after delivery or completion. If it is concluded that the performance does not meet the agreement and there is therefore a valid complaint, the Client must inform JouwDroomBadkamer of this within 5 days after delivery or completion.

8.5. After the information referred to in the previous paragraph has been provided, JouwDroomBadkamer will, if the complaint falls within the warranty or responsibility of JouwDroomBadkamer, completion has not yet taken place and no exclusion applies, try to resolve the complaint by reasonably repairing or replacing the delivered item free of charge. If none of these solutions effectively resolves the complaint, the Client has the right to partly terminate the agreement. The above applies without the Client being entitled to any compensation.

8.6. If the Client informs JouwDroomBadkamer of the complaint too late, confirms the completion of a phase, gives permission to start a next phase, takes the delivered item into use, pays the invoice, or if one year has passed after delivery or completion of the work, every right to a remedy expires.

8.7. The work is completed and therefore approved when JouwDroomBadkamer has informed the Client that the order has been completed and the Client has accepted the work. Completion also takes place if:

a) 8 days have passed after the Client received the notice that the work has been completed, and the Client has not accepted the work within that period but has also not refused it.

b) The Client has taken the object in or on which the order was carried out back into use, on the understanding that taking part of the object into use means that this part is considered completed, and the Client has not refused the result within 5 days.

c) JouwDroomBadkamer has sent the invoice for the full contract price and the Client has paid it.

d) Completion has taken place in relation to a specific defect if the Client has not stated within 5 days after inspection that they want it repaired.

8.8. If the Client finds a defect during completion, or if the work shows a defect after completion that could not reasonably have been found during completion and can be attributed to JouwDroomBadkamer, JouwDroomBadkamer must be given a reasonable period to repair the defect or limit the resulting damage. During this period, the Client has no right to any remedy. The provisions of these terms and conditions, including those about execution by JouwDroomBadkamer and obligations of the Client, also apply to this work, as stated in Article 2.1. If the costs of the repair work are higher than the contract price, JouwDroomBadkamer is entitled, instead of repairing the defect, to refund the contract price in full and final settlement. The above applies without the Client being entitled to any compensation.

8.9. After the day on which the work is considered completed, the work is at the risk of the Client. No warranty claim can be made if the defect is due to poor maintenance of the delivered work, for example excessive humidity, failure to prevent wood rot, failure to maintain sealant joints, and so on.

8.10. The Client loses the right to rely on a defect in the completed work if the Client does not report it to JouwDroomBadkamer within 2 months after discovering it or after they should have discovered it. From the moment the Client becomes aware of a defect, the Client has a duty to limit damage.

8.12. If the Client is insured for any risk connected to the agreement, the Client must make a claim under that insurance and indemnify JouwDroomBadkamer for the amount of any excess.

8.13. Except where the damage is the result of intent or deliberate recklessness, all liability of JouwDroomBadkamer is limited to repairing foreseeable damage suffered by the Client, excluding all indirect or immaterial damage such as, but not limited to, lost income and profits, loss of or damage to goods, loss of contracts and additional costs.

8.14. The Client indemnifies JouwDroomBadkamer against all claims from third parties in relation to work carried out and/or goods supplied by JouwDroomBadkamer through which that third party may have suffered damage, regardless of the cause or the time at which the damage was suffered.

8.15. JouwDroomBadkamer states that it is not, and cannot be, specialised in all aspects of construction, which means it may be necessary for some projects to engage subcontractors. If JouwDroomBadkamer engages subcontractors in consultation with the Client, and there is a failure to fulfil obligations that can be attributed to the subcontractor or the subcontractor is otherwise liable towards the Client or third parties, the Client will recover this damage directly from the subcontractor and indemnify JouwDroomBadkamer in this respect.

8.16. If the Client ends the order early, the Client must compensate JouwDroomBadkamer for costs already incurred and/or materials already purchased. This compensation includes all direct costs made for the preparation and execution of the order up to the moment of termination.

Article 9 Force majeure and early termination of the agreement

9.1. Force majeure means, in addition to what is understood by this under the law and case law, all external causes, whether foreseen or unforeseen, over which JouwDroomBadkamer has no control. This includes strikes, traffic disruptions, unforeseeable delays, energy supply failures, transport problems, fire, loss or damage during transport, epidemics, pandemics, import and export restrictions, extreme and/or special weather conditions and government measures.

9.2. During force majeure, the obligations of JouwDroomBadkamer are suspended. If performance is impossible due to force majeure for more than one month, or if there are other circumstances that make it unreasonably burdensome for JouwDroomBadkamer to meet its obligations, JouwDroomBadkamer is entitled to terminate the agreement fully or partly by giving notice to the Client, without court involvement and without any obligation to pay compensation.

9.3. If JouwDroomBadkamer has already partly fulfilled its obligations when force majeure occurs, it is entitled to invoice the part already delivered or carried out separately, or to partly credit advance payments.

9.4. If the Client is declared bankrupt, applies for suspension of payments, is admitted to a debt restructuring process, or if a third party lawfully seizes the Client’s assets, unless this seizure is lifted within one month, whether or not against security, JouwDroomBadkamer is entitled to suspend the work without further notice or to end the work in an unfinished state.

9.5. If the Client is in default of an obligation and JouwDroomBadkamer has already given notice and a reasonable period to still fulfil the obligation, JouwDroomBadkamer has the right to suspend the execution of the work fully or partly.

9.6. Measures that JouwDroomBadkamer must take as a result of a suspension will be charged as additional work. Damage suffered by JouwDroomBadkamer as a result of the suspension must be compensated by the Client. If damage to the work occurs during the suspension, this is not at the expense of JouwDroomBadkamer. In the event of a suspension, JouwDroomBadkamer is entitled to immediately invoice a proportional part of the work already carried out.

9.7. If the suspension of the work lasts longer than one month, JouwDroomBadkamer is entitled to end the work in an unfinished state. In that case, JouwDroomBadkamer is entitled to charge 10% of the value of the part of the work that has not been carried out.

Article 10 Intellectual property

10.1. Drawings, technical descriptions, designs and calculations made by JouwDroomBadkamer for the order remain the property of JouwDroomBadkamer. They may not be given to or shown to third parties, for example with the aim of obtaining a similar quotation. They may also not be copied or reproduced in any other way. If the agreement is not made, these documents must be returned at the Client’s expense within 14 days after a request from JouwDroomBadkamer.

Article 11 Jurisdiction, choice of law and transfer of rights

11.1. JouwDroomBadkamer is entitled to transfer its rights and obligations under this agreement to a third party. The Client may only transfer its rights and obligations to a third party with written permission from JouwDroomBadkamer.

11.2. This agreement, and any other agreements between the parties, are governed exclusively by Dutch law. If, in the future, an obligation arises between the parties other than from an agreement, that obligation will also be governed by Dutch law.

11.3. If a dispute arises from the agreement between the parties, the court in the district where JouwDroomBadkamer has its main office has exclusive jurisdiction. If a dispute arises between the parties about non contractual obligations, the court in the district where JouwDroomBadkamer has its main office also has exclusive jurisdiction.