0.4 TERMS AND CONDITIONS

Terms and conditions Interior designer Mae Design – Client

General: These terms and conditions apply to the relationship between the client and the interior designer, subject to the express exclusion of the terms and conditions of the client.

 

ARTICLE 1. DEFINITIONS

1.1 To avoid misunderstandings, the General Terms and Conditions of Mae Design are included below for assignments carried out by a sole proprietorship registered with the Chamber of Commerce under number 78620244 Mae Design, established in Nieuwkoop.

1.2 Client: the natural or legal person who has given the assignment to Mae Design.

1.3 Assignment: the agreement that has been concluded between the client and Mae Design.

1.4 Project: the entirety of activities aimed at achieving what the client intends.

1.5 Documents: information carriers in any form, provided by the client or by Mae Design.

1.6 Work: Mae Design who accepts the assignment and carries out work on behalf of the client in the field of interior design, interior styling and interior advice.

 

ARTICLE 2. GENERAL

2.1 These general terms and conditions apply to all quotations and order confirmations that the client concludes with Mae Design. The applicability of any purchase or other conditions of the client is expressly rejected.

2.2 Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing or electronically between the client and Mae Design.

2.3 If one or more of the provisions in these general terms and conditions are null and void or should be annulled, the other provisions of these general terms and conditions will remain fully applicable. Mae Design and the client will then enter into consultations in order to agree on new provisions to replace the void or voided provisions, whereby the purpose and purport of the original provision will be taken into account as far as possible.

2.4 If a situation arises that is not regulated in these terms and conditions, then this situation must be assessed 'in the spirit' of these general terms and conditions.

2.5 Mae Design has the right to change these general terms and conditions and the content of its website. For agreements already concluded, the terms and conditions at the time of the conclusion of the agreement remain valid.

 

ARTICLE 3. OFFERS AND CONTRACT AGREEMENTS

3.1 The offers drawn up by Mae Design are completely without obligation and can be revoked until the moment of agreement.

3.2 An order placed with a clear description is confirmed in writing by Mae Design and confirmed in writing by the client for approval.

3.3 Verbal agreements and stipulations are only binding after they have been confirmed in writing by Mae Design, whether or not via email.

3.4 The offers and quotations drawn up by Mae Design are not valid for future assignments, unless stated otherwise.

3.5 The prices in the quotations are exclusive of VAT, exclusive of travel and accommodation costs, parking costs, shipping and administration costs and other government levies, unless stated otherwise.

3.6 Mae Design cannot be held to its quotation price if that quotation price, or a part thereof, contains an obvious mistake or error.

3.7 A composite quotation does not oblige Mae Design to perform part of the assignment against a corresponding part of the stated price.

3.8 The client has taken note of the general terms and conditions of Mae Design.

3.9 Mae Design has the right at all times to refuse a potential client without stating reasons.

3.10 Dutch law applies to all agreements concluded with Mae Design.

 

ARTICLE 4. THE ASSIGNMENT

4.1 Mae Design does its utmost to carry out the assignment as well as possible. Mae Design cannot be held liable for a disappointing result if the advice or design it has given resulting from the assignment ('Advice or Design') is carried out. In that case, too, the agreed fee must be paid. If the client decides not to carry out the Advice or Design – for whatever reason – the agreed fee must be paid in full.

4.2 If the client wishes to interrupt the assignment, he is obliged to inform Mae Design of this in writing, stating the reasons. The parties will then consult to discuss the consequences. If Mae Design suffers damage as a result, the client is obliged to compensate that damage. Mae Design is obliged to limit the damage as much as possible.

4.3 The client remains responsible at all times for the choices and applications of the advice given by the interior designer.

4.4 The client is obliged to treat all data of Mae Design confidentially, insofar as the client knows or can or should know that these data are confidential.

4.5 Mae Design is at all times authorized not to process an order.

 

ARTICLE 5. PERSONAL DATA

5.1 Personal data of the client are stored in Mae Design's customer system in order to process orders. Mae Design never gives personal data to third parties and will do everything possible to prevent your data from falling into the hands of third parties. Mae Design applies the relevant legislation when using personal data of the client. 

 

ARTICLE 6. PRICES AND PAYMENT

6.1 Mae Design is entitled to compensation for the performance of the Assignment. This can consist of an hourly fee or a fixed amount. The parties make agreements about the reimbursement of additional costs incurred, such as travel costs and printing costs. Unless otherwise agreed, the entire amount is due in advance. Invoices must be paid within 14 days of receipt by bank transfer.

6.2 The prices set are exclusive of VAT, exclusive of travel and accommodation costs, parking costs, shipping and administration costs and other government levies, unless stated otherwise.

6.3 No travel costs will be charged within a radius of 10 km from Nieuwkoop.

6.4 It is up to the client to provide Mae Design with all necessary materials and information that is necessary to properly execute the assignment. If Mae Design has to carry out additional work because the Client has failed to provide the necessary information/materials, Mae Design will charge the additional work separately in accordance with the usual rates.

6.5 Mae Design can give advice on engaging third parties for the implementation of the Advice or Design. The role of Mae Design will never go beyond bringing the Client into contact with a third party. Mae Design does not enter into agreements with the third party on behalf of the Client, nor will it act as a mediator or agent. Mae Design cannot be held liable for errors of these third parties/defects in the products made available by these third parties. If Mae Design makes statements about (possible) costs involved in the performance of work

by third parties, then this is always indicative and no rights can be derived from it.

 

ARTICLE 7. PROPERTY AND COPYRIGHTS

7.1 All services of Mae Design are subject to retention of title until the moment that the assignment has been paid in full.

7.2 Mae Design has the exclusive right to take and multiply photos of the interior and exterior of a project realized according to its design. However, Mae Design does require permission from the client to publish the images that show the interior of the project. The photos can be used as an example of styling and design on www.mae-design.nl

7.3 Documents created by Mae Design in the context of the assignment become the property of the client after the client has fulfilled its financial obligations towards Mae Design. The documents may be used in compliance with intellectual property laws.

7.4 No rights can be derived from drawings made by Mae Design. Mae Design is not an architect or engineer. Before carrying out (spatial) work, the client must check the dimensions and/or involve a specialized professional who takes care of the technical detailing.

7.5 All intellectual property rights arising from the Assignment (including trademark rights, copyrights and design rights) accrue to Mae Design. The client obtains a right of use. The client will not reproduce or publish the advice or design without Mae Design's permission, unless the parties agree otherwise.

 

ARTICLE 8. COMPLAINTS

8.1 Complaints that are directly related to services performed by Mae Design must be communicated to Mae Design in writing as soon as possible, but in any case within 14 days after completion of the services provided.

8.2 If the complaint is well-founded, Mae Design will still perform the work as agreed.

 

ARTICLE 9. LIABILITY

9.1 In the event that the furniture and accessories are damaged or stolen due to negligence on the part of the client, the resulting damage will be borne by the client.

9.2 Mae Design is not liable for damage of any kind. The client always remains personally liable for the choice and application of advice, materials and products advised by Mae Design during the advice.

9.3 If certain parts of the assignment, including constructive and installation advice, are fulfilled by third parties, Mae Design is not liable for these parts and for the actions of these third parties. These third parties must be addressed independently where appropriate.

9.4 Mae Design is not liable for indirect damage suffered by the client or third parties, including consequential damage and trading loss.

9.5 If the client is of the opinion that Mae Design has failed to fulfill its obligations, it will hold it liable in writing and give the opportunity to rectify the shortcoming(s) at its own expense.

9.6 Any claim for compensation lapses if the claim has not been made known to Mae Design in writing within 14 days of the discovery of the damage or defect.

9.7 Mae Design is never liable for (partial) non-compliance with the advice.

 

ARTICLE 10. FORCE MAJEURE

10.1 Force majeure is understood to mean any circumstance that permanently or temporarily prevents fulfillment of the assignment, and which cannot be attributed to Mae Design. Such as strikes in companies with which Mae Design has concluded agreements, a general lack of the necessary raw materials, unforeseeable delays at suppliers, as well as the case that Mae Design is physically or mentally prevented from fulfilling the assignment properly.

10.2 Mae Design and the client must inform each other as soon as possible of a force majeure situation, and jointly look for a suitable solution in that specific situation.

 

ARTICLE 11. DISSOLUTION OF THE AGREEMENT

Mae Design's claims against the client are immediately due and payable in the following cases:

11.1 Circumstances that have become known to Mae Design after the agreement has been concluded give Mae Design good grounds to fear that the client will not fulfill its obligations.

11.2 If Mae Design has asked the client to provide security for compliance when concluding the agreement and this security is not forthcoming or is insufficient.

11.3 In the cases mentioned, Mae Design is authorized to suspend the further execution of the agreement or to dissolve the agreement, without prejudice to Mae Design's right to claim compensation.

 

ARTICLE 12. MISCELLANEOUS

12.1 The general terms and conditions are published on www.mae-design.nl

12.2 The general terms and conditions are effective from 18-11-2022 and only apply to assignments that are concluded on or after this date.

12.3 The client will receive Mae Design's general terms and conditions upon completion of the order.

12.4 The client must be aware of these terms and conditions for approval.

 

ARTICLE 13. APPLICABLE LAW AND DISPUTE RESOLUTION

13.1 Dutch law applies to the agreement between Mae Design and the client. The court to take cognizance of disputes between Mae Design and the client is the competent court in the district where Mae Design is located, or the competent court according to the law, at the discretion of Mae Design.

13.2 The parties have made every effort to resolve a dispute in mutual consultation before appealing to the courts.